4943 82 Harbor Rd Decision TC Certified 05.23.22 : ` � C TOWN OF YARMOUTH
I C} BOARD OF APPEALS
DECISION
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FILED WITH TOWN CLERK: April 29,2022
PETITION NO: 4943
HEARING DATE: March 24,2022
PETITIONER: Adriana Parianos
PROPERTY: Map 21,Lot 10,
82 Harbor Rd. West Yarmouth,MA
Zoning District: R-25
Book 152 Page 68
Certificate 220819
Land Court Lot 43
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe,Richard Martin,Jay Fraprie,and
Megan Homer.
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.
The Petitioner seeks a Variance pursuant to section 203.5 of the Bylaw and in the alternative, a
Special Permit to allow a 14 x 14 Shade Pergola to be built within the 1 foot of the sideline setback
and 16.4 feet off the rear setback. The property is located in a R-25 zoning district. The Petitioner
was required and received administrative approval from the Yarmouth Conservation Commission
due to it being within 100 feet of a wetland.
The property is abutted by conservation land along the rear property boundary,as well as the south
facing side boundary where the Pergola would be located so there would never be a detrimental
impact to any neighbor.
Board members discussed whether there was an alternative location for the Pergola that could be
placed further off the property line however, after hearing testimony from the Petitioner it was
determined that the proposed location was the most feasible.
Accordingly, a motion was made by Mr. Martin, seconded by Mr. Fraprie, to grant the Variance.
The members voted unanimously in favor of the motion.
A TRUE COPY ATTEST:
h11/19,a Y)1114/.044
CMMCS CMC/TOWN CLEt-;K
MAY 2 3 2022
A second motion was made by Mr. Martin to allow the Petitioner to withdraw her request for a
Special Permit without prejudice. The motion was seconded by Mr_ Fraprie and the Board voted
unanimously in favor of the motion.
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).
—
Se. Igo•, Chairman ''
41
CERTIFICATION OF TOWN CLERK
I, 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#4943 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.
W120
6)-W14411)9-44!
(/
Mary A. Maslowski
MAY 2 3 2022
A TRUE COPY ATTEST.
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eMMU/ `MC/ rum CLE1-K
MAY 2 3 2022
of•z'.�i COMMONWEALTH OF MASSACHUSETTS
E -;e:=7 o TOWN OF YARMOUTH
r BOARD OF APPEALS
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Appeal#4943 Date: May 20,2022
Certificate of Granting Variance
(General Laws Chapter 40A, section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been
granted to:
Adriana Parianos
10 Turtleback Road
Essex,MA 01929
Affecting the rights of the owner with respect to land or buildings at: 82 Harbor Road,West Yarmouth,MA
02673; Map & lot#: 21.10; Zoning District: R-25; Book/Page: 152/68; Certificate#220819; Land Court
Lot 43,and the said Board of Appeals further certifies that the decision attached hereto is a true and correct
copy of its decision granting said Variance, 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 and/or Variance, 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.
SeanIgoeF"--
41.
A TRUE COPY ATTEST:
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CM,JiCU/CMG/TOWN CLEF;K
MAY 2 3 2022