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HomeMy WebLinkAbout4984 2 Buttercup Ln Decision CertifiedFILED 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 Alcksandr 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, A TRUE COPY ATTEST: Tw��'a- N44�� C f WIG I TOWN CLF-RK MAY 2 2 2023 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 cast side. Mr. Martin noted that the petitioner is doing what the Board had asked, corning 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) Steven DeYouiig, 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 MAY 2 2 2023 A TRUE COPY ATTEST CMC I TOWN CLERK MAY 2 2 2023 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 4984 Date: May 22, 2023 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: Aleksandr Nemanov, Trustee of The 2 Buttercup Realty Trust Affecting the rights of the owner with respect to land or buildings at: 2 Buttercup Lane, South Yarmouth, MA; Map & Lot #: 119.33; Zoning District: R-40; Title: Book 34104, Page 157 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. XtL=, �u8w..� Steven DeYoung, Chairman A TRUE COPY ATTEST / 'iUVVN GLr:.KK MAY 2 2 2023