HomeMy WebLinkAbout4978 8 Hasting Ave Decision Certified 11.15.22 O TOWN OF YARMOUTH
BOARD OF APPEALS
fl" - "_ . DECISION
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FILED WITH TOWN CLERK: October 18, 2022
PETITION NO: 4978
HEARING DATE: September 8,2022
PETITIONER: James and Liudmila Czarnecki
PROPERTY: 8 Hasting Avenue,West Yarmouth, MA
Map 66, Parcel 57
Zoning District: R-40
Title: Book 30694,Page 76
Land Court Lot#45
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Jay
Fraprie and 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 James and Liudmila Czarnecki of 8 Hasting Avenue, West Yarmouth, MA
which property is in a R-40 zoning district. The applicant seeks either a Special Permit and/or a
Variance to construct an addition in required rear setback on a pre-existing non-conforming lot.
The petitioner represents that the current layout is not practical for a family with two children.
The addition would include a family room, a study area, and a place for children's toys. The
proposed addition would conform to the neighborhood, and the entry into the L-shaped addition
would be from the main house.
The rear setback requires 20 feet. While this Board is reluctant to make a property more non-
conforming, the large, wooded lot behind the petitioners' property is Town-owned land. Because
of the lot's location, there would be no development behind the petitioners' property.
The petitioners have explored other options, but those options would face the neighbors and
would lose privacy. The house sits at an angle on the lot. The odd shape of the lot and the
location of the existing septic system creates a hardship and meets the criteria for a Variance.
4,A TRUE COPY ATTEST:
#41/41414
CIVL G/GR/c;I"TQWN CLERK
NOV 1 5. 2022
Mr. Fraprie moved to grant the Variance as requested, and Mr. Mantoni seconded this motion
which passed on a roll call vote of 4-0. The petitioner asked that the requested relief of a Special
Permit be withdrawn, without prejudice and a motion was so made by Mr. Igoe and seconded by
Mr. Fraprie and upon this motion and by roll call vote the Board voted unanimously in favor and,
so therefore,the Special Permit request was allowed to be withdrawn, without prejudice.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)
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#4978 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.
WtilLta AA41041-4 •
Mary A. Maslowski
NOV 1 5 2022
A TRUE COPY ATTEST:
CM, C/CMC/TOWN CLERK
NOV 1 5 2022
YA COMMONWEALTH OF MASSACHUSETTS
• \ ' TOWN OF YARMOUTH
o � . y BOARD OF APPEALS
Petition #: 4978 Date: November 8,2022
Certificate of Granting of a 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:
James and Liudmila Czarnecki
8 Hasting Avenue
West Yarmouth, MA 02673
Affecting the rights of the owner with respect to land or buildings at: 8 Hasting Avenue, West Yarmouth,
MA; Map #: 66; Parcel#: 57; Zoning District: R-40; Book/Page: 30694, 76; Land Court Lot#45 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 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.
Steven DeYoung, Chairman
RUE ArrEST •
`nAMG/c ,;;/ 'CWN CLiziiK
NOV 1 5 2022