HomeMy WebLinkAbout4968 51 Mill Pond Road Decision TC 08.10.22 f'YA
, O TOWN OF YARMOUTH
_ BOARD OF APPEALS
; - x t. 4,; DECISION
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FILED WITH TOWN CLERK: August 10, 2022
PETITION NO: 4968
HEARING DATE: July 28, 2022
PETITIONER: Erion and Imelda Sollomoni
PROPERTY: 51 Mill Pond Road,West Yarmouth, MA
Map 45, Parcel 60
Zoning District: R-25
Title: Book 33079, Page 281
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe,Jay
Fraprie, Dick Martin,John Mantoni.
Notice of the hearing was 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 was held on the date stated above.
The petitioners are Erion and Imelda Sollomoni of 51 Mill Pond Rd., West Yarmouth, MA which
property is in a R-25 zoning district. The applicant seeks either a Special Permit and/or a Variance
to add an overhang, extend a deck to align with pre-existing structure and for setback relief in
connection with this property. It is generally well-known that this Board is reluctant to give front
setback relief of any type. Notwithstanding, this particular petition presents a unique property. It
fronts on 2 roads,to wit:Mill Pond Road and Race Road. Mill Pond Road has not been constructed
to its width and is not anticipated to be widened. Race Road is a paper Road which has never been
developed and, since it leads to nowhere, is unlikely to be developed.
The petitioner seeks to add a proposed deck which will be 17 feet from the southerly lot line but
over twice this distance from the actual layout of Mill Pond Road.Additionally,this proposed deck
will be 5.7 feet from their lot line as it abuts Race Road. The proposed addition and deck to the
north of the home will be 5.4 feet at the northerly corner of the deck from Race Road and 10 feet
to the corner of the proposed addition.Noting that neither of the 2 abiding roads will be developed
further,the Board felt that the uniqueness of this property and its location was cause to grant relief
that ordinarily would be denied. Further, the Board felt that no undue hazard, nuisance nor
congestion would occur if the relief were to be granted nor would it cause any detriment to the
existing or future character of the neighborhood or Town. The Board was unanimous in its belief
that this relief should be by way of a Special Permit. Mr. Martin moved to grant the Special Permit
without conditions and Mr. Mantoni seconded this motion which passed on a roll call vote of 5-0.
The petitioner asked that the requested relief of a Variance be withdrawn, without prejudice and a
motion was so made by Mr. Martin and seconded by Mr. Fraprie and upon this motion and by roll
call vote the Board voted unanimously in favor and,so therefore,the Variance request was allowed
to be withdrawn,without prejudice.
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)
Aia,„
Steven 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 #4968 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