HomeMy WebLinkAbout4984 2 Buttercup Ln Decision TC 05.01.23FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
May 1, 2023
4984
April 13, 2023
Aleksandr Nemanov, Trustee of
The 2 Buttercup Realty Trust
PROPERTY: 2 Buttercup Lane, South Yarmouth, MA
Map & Lot #: 119.33
Zoning District: R-40
Title: Book 34104, Page 157
MEMBERS PRESENT AND VOTING: Acting Chairman Dick Martin, Jay Fraprie, Doug
Campbell; MEMBER CERTIFIED FINAL VOTE: Chairman Steve DeYoung
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 petitioner is Aleksandr Nemanov, Trustee of The 2 Buttercup Realty Trust, who seeks relief
in connection with property at 2 Buttercup Lane, South Yarmouth, MA. The property contains
12,197 square feet of area and is located in an R-40 zoning district. The petitioner seeks a
Special Permit and/or Variance for front and side setback relief to raze and replace a pre-
existing, non -conforming structure.
The petition was continued from three previous hearings held on September 22, 2022; February
9, 2023; and March 23, 2023; respectively. Because the petitioner proposed to raze/replace the
existing structure, the Board had to determine if the changes would be substantially more
nonconforming than the existing structure. At the previous hearings, Board Members considered
the proposed house substantially more nonconforming than the existing structure because the
new house would be too close to the lot line (I I feet) on the westerly side. In addition, the
petitioner needed to provide revised plans to show: the present location of the existing structure
with an overlay of the proposed location of the new structure with a distance back from the lot
line; and the elevation of the house, as defined and determined by the Yarmouth Zoning Bylaw.
At the April 13, 2023 hearing, Mr. Fraprie said that, given the shape of the lot, he was more
comfortable with the most recent changes to the plan which moves the proposed house 3.1 feet to
the east side. Mr. Martin noted that the petitioner is doing what the Board had asked, coming into
conformity as much as possible for this house.
No one spoke in favor of or in opposition to the petition and no new exhibits were received.
Accordingly, a motion was made by Mr. Fraprie and seconded by Mr. Campbell to approve the
Special Permit, as presented, pending a final vote from a fourth Board Member. A roll call vote
was taken and the three Board Members present at the hearing voted in favor of the motion as
follows: Mr. Martin -Aye; Mr. Fraprie-Aye; Mr. Campbell -Aye.
A motion was made by Mr. Fraprie and seconded by Mr. Campbell to allow the petitioner to
withdraw the Variance without prejudice, pending a final vote from a fourth Board Member. A
roll call vote was taken and the three Board Members present at the hearing voted in favor of the
motion as follows: Mr. Martin -Aye; Mr. Fraprie-Aye; Mr. Campbell -Aye.
For the public record at the April 27, 2023 hearing, Chairman DeYoung certified that he watched
the hearing video for this petition and entered the final vote in favor to grant the Special Permit,
as requested, and to allow the petitioner to withdraw the request for a Variance, 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)
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Steven DeYoung, Chairman
CERTIFICATION OF TOWN CLERK
1, 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 #4984 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