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Home My WebLink About4985 14 Cadet Ln Decision Recorded 11.30.22 Dote 1,471,869 11-30-2022 10=57 BARNSTABLE LAND COURT REGISTRY ..gip TOWN OF YARMOUTH _F Ai BOARD OF APPEALS T ) DECISION FILED WITH TOWN CLERK: November 7,2022 PETITION NO: 4985 HEARING DATE: October 27,2022 PETITIONER: John and Kathryn Nickandros 220 West Pond Street qEast Bridgewater,MA L 'zi PROPERTY: 14 Cadet Lane, West Yarmouth,MA Map 30,Parcel 274 Zoning District: R-25 Certificate#152651 Land Court Lot#10,Plan#25193-A > MEMBERS PRESENT AND VOTING: Sean Igoe,Acting Fraprie,John Mantoni,and Tim Kelley, Chairman,Dick Martin,Jay Notice of the hearing was given by sending notice thereof to the Petitioner and all those owners d 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 John and Kathryn Nickandros who own the property at 14 Cadet Lane, West Yarmouth,MA,which is in a R-25 zoning district. The applicants seek either a Special Permit vi and/or a Variance to construct a two-story addition to a pre-existing structure and for setback relief in connection with this property. 4 s In 2002,the petitioners built the existing one-story ranch as a vacation home. Now,the petitioners plan to retire into the home. Over the past 20 years,the petitioners that they do not need a garage. The petitioners represent that the current layout is not pre actical Z for full-time living. The addition would include a home office,family room/playroom for future grandchildren,laundry area,and full-size master bathroom. D Even though the proposed addition is under the maximum height of 35 feet, the house is pre- existing nonconforming, so any modification to the structure triggers the need or{azSpecial, Permit. s=9�:TRUE COPY `EST: CM9ftlp/CMC/:i:'C INN t:ti s,k 4(t�(�, r .) nn?gq The front setback requirement is 30 feet. While this Board is reluctant to give front setback relief of any type,the property is on a corner lot with two front setbacks and would not become substantially more nonconforming with a front setback of 29.8 feet on one corner of the house. 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. Mr. Martin moved to grant the Special Permit as requested,and Mr. Mantoni seconded this motion which passed on a voice vote of 5-0. 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) Sean Igoe, Vice Chair 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#4985 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. 11..4.4644.4).ffii(41Ata.t. Mary A.Maslowski Nov 2 9 2022 UE.COPY TTEST "Nuv,.2 9 2022 ;J ;oF ' R COMMONWEALTH OF MASSACHUSETTS ..�o TOWN OF YARMOUTH o -- y BOARD OF APPEALS tf tA.G M�Ey Petition#: 4985 r f Date: November 28,2022 Certificate of Granting of a Special Permit G (General Laws Chapter 40A, Section 11) fr The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: John and Kathryn Nickandros a 220 West Pond Street East Bridgewater,MA Affecting the rights of the owner with respect to land or buildings at: 14 Cadet Lane, West Yarmouth,MA Map#:30; Parcel#:274; Zoning District: R-25; Certificate#152651,Land Court Lot#10,Plan#25193-A 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. Sean Igoe,Vice hair iffy TRUE GOa' TTEST• a ^�, i BAR.3TAB‘_tL;JUNTY BARNSTABLE REGISTRY OF DEEDS ^ c.nR!n With I ''! ' ciLf;c n REGISTRY OF DEEDS A TRUE COPY,ATTEST John F Meade, Register ' .�,� ,t+''� Nfi lfii2 9 2022 JOHN F.ME