HomeMy WebLinkAboutDecision 4947 - 18 Huntington Ave TC Certified 06.21.22TOWN OF YARMOUTH
BOARD OF APPEALS
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DECISION
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FILED WITH TOWN CLERK: May 19, 2022
PETITION NO: 4947
HEARING DATE: April 14,2022
PETITIONER: Nikolay Petrov Danov
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PROPERTY:18 Huntington Avenue, South Yarmouth,MA
Map 98, Parcel 96
Zoning District: B-3/APD
Title: Book 34927,Page 167
MEMBERS PRESENT AND VOTING: Chairman Steve DeYoung,Jay Fraprie,Dick Nietz,
and Sean Igoe(remote)
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 Special Permit pursuant to bylaws section 103.2 concerning property in a zoning
district B3/APD. The purpose of the petition is to allow his use of the property for a small wood coating
operation. The applicant is Nikolay Petrov Danov who did a fine job of representing himself. The
property location is 18 Huntington Ave., South Yarmouth, Massachusetts.
The applicant explained that he is seeking to use the property to paint small wooden objects such as
moulding, baseboards, cabinet doors etc. He reports that all paint will be water-based and contained
within the building.The Board reviewed the well-written report from Carl Lawson Jr.,Hazardous Waste
Inspector,who set forth his concerns and recommendations, and specifically those set forth on pages 2-
3 in the April 8,2020 memorandum from Mr. Lawson.
No one spoke in favor of the Petition and no one spoke in its opposition.No exhibits were received at
the hearing. The project is well thought out and recognizes the need for caution within the Aquifer
Protection District (APD). The Board had various discussions and felt that approval could be granted
without resulting in any nuisance, hazard or congestion and without any detriment or harm to the
existing or future character of the neighborhood or town. Moreover, relief by way of a Special PermitcouldbegrantedontheconditionthattheBoardofHealth's conditions as set forth on pages 2-3 asabovereferencedtogetherwithanynewconditions,restrictions or the like that the Board of Health maychoosetoimposeinthefuture, be made a part of the grant of Special Permit. Motion was made by Mr.Neitz and seconded by Mr. Fraprie to grant the Special Permit on the condition set forth above. A roll
call vote proceeded and all members voted in favor of the motion: kTRUE COPY ATTEST:
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LMNIC CMC/TOWN CLERK
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Mr. DeYoung AYE
Mr. Fraprie AYE
Mr. Neitz AYE
Mr. Igoe AYE
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)
Steve DeYoung, Chairman
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 #4947 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. Maslowski
Town Clerk JUN 2 9 2022
A TRUE COPY ATTEST:
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JUN 2 1 2022
ON' .Yllle COMMONWEALTH OF MASSACHUSETTS
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4,r.` - TOWN OF YARMOUTH
BOARD OF APPEALS
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Petition #: 4947 Date: June 9, 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:
Nikolay Petrov Danov
18 Huntington Avenue, South Yarmouth,MA
Affecting the rights of the owner with respect to land or buildings at: 18 Huntington Avenue, South Yarmouth,
MA; Map #:98; Parcel#: 96; Zoning District: B-3/APD; Book 34927,Page 167 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.
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Steven S. DeYoung, Chairman
A TRUE COPY ATTEST:
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CMMC/CMC/TOWN CLERK
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