HomeMy WebLinkAbout02-10-22 Decision 4925 - 9 Homer Ave TCFILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
February 25, 2022
4925
February 10, 2022
Christina P. Demetriou
PROPERTY: 9 Homer Avenue, South Yarmouth, MA
Map 60, Parcel 230
Zoning District: RS-40
Title: Book 32131, Page 3
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Mr. Igoe, Mr. Fraprie
and Mr. Martin
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners
of property as required by law, and to the public by posting notice of the hearing and publishing in
The Cape Cod Times, the hearing opened and held on the date stated above.
This hearing was a rescheduled hearing held December 9, 2021. The Petitioner seeks to have
approved a Family Related Accessory Apartment in connection with property located at 9 Homer
Avenue, South Yarmouth, MA, pursuant to By -Law Section 407.
The Petitioner appeared, as did Konstantin Aleksandrov of Kreative Barns, Inc. who sought to
assist the property owner, Ms. Christina Demetriou. As important, the Board received a letter
from Michele Cudilo, P.E. certifying that the proposed habitable space in the Accessory
Apartment was 797 ft.' +/. This was the matter in controversy that resulted in a continuance of
the hearing, i.e., that the Petitioner failed to provide a total square footage of habitable space to
prove that the Family Related Accessory Apartment would not exceed the 800 square -foot
limitation. In light of the fact that she did produce such documentation, the Board felt that she
had met the criteria for the grant of a Special Permit pursuant to Section 407.
Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Martin to allow the grant of
the Special Permit as requested. On this motion, a roll call vote was taken with the following
results:
Chairman DeYoung: AYE
Mr. Igoe: AYE
A TRUE COPY ATTEST:
MAR 16 2022 EIC,
c�
- Mr. Fraprie: AYE
- Mr. Martin: AYE
The Board voted 4-0 in favor and the Special Permit was, therefore, granted.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals
from this decision shall be made pursuant to MGL C40A section 17 and must be filed within 20
days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein, the
Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw
§ 103.2.5, MGL C40A §9)
Steven DeYoung, Chairman
CERTIFICATION OF TOWN CLERK
1, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have
elapsed since the filing with me of the above Board of Appeals Decision # 4925 that no notice of
appeal of said decision has been filed with me, or, if such appeal has been filed it has been
dismissed or denied. All appeals have been exhausted.
Mary A. 91aslowski, Town Clerk
MAR 18 2022
A TRUE COPY ATTEST:
ZZOZ 8 1 8VW
2
CM'.J 1 CNIC 1 TOWN CLCFIZK
MAR 18 2022
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 4925 Date: March 18, 2022
Certificate of Granting of a Special Permit
(General Laws Chapter 40A, Section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been
granted to:
Christina P. Demetriou
9 Homer Avenue
South Yarmouth, MA 02664
Affecting the rights of the owner with respect to land or buildings at: 9 Homer Avenue, South Yarmouth, MA;
Map #: 60; Parcel #: 230; Zoning District: RS-40; Book/Page: 32131/3 and the said Board of Appeals further
certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit,
and copies of said decision, and of all plans referred to in the decision, have been filed.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A,
Section 11 (last paragraph) and Section 13, provides that no Special Permit, or any extension, modification or
renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that
twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal
has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the
Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under
the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such
recording or registering shall be paid by the owner or applicant.
Steven S. DeYoung, Chairman
A TRUE COPY ATTEST:
MAR 18 2022
CNIC 1 TUWN CLERK