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HomeMy WebLinkAbout5022 4 Television Ln Decision Recorded4 _1,;1 FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY: TOWN OF YARMOUTH BOARD OF APPEALS DECISION Ova- = 1 r 484 P I40 07.._ 12-'2023 1 2- 23 BARN TABLE LAND COURT REGISTRY June 12, 2023 5022 May 25, 2023 Kaya Cinar Trustee of the Peggy Pekran Cinar 2010 Trust 4 Television Lane, West Yarmouth, MA Map 14, Parcel 91 Zoning District: R-25 Certificate #205049 Land Court Lot #51 Plan #1178113 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Dick Martin, Jay Fraprie, John Mantoni and Sean Igoe Notice of the hearing has been 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 held on the date stated above. The petitioner, Kaya Cinar, as trustee of the Peggy Pekran Cinar 2010 Trust, with property located at 4 Television Lane, West Yarmouth, Massachusetts, such a property being in an R-25 zoning district. The petitioner seeks a Special Permit and/or Variance to raze and replace a pre- existing non -conforming dwelling and to increase its height within allowed limits. Dan Ojala, Down Cape Engineering, appeared on behalf of the petitioner and did a fine job presenting. He explained that the petitioner seeks to remove the existing structure consisting of a two -bedroom home and to replace it with a three -bedroom home with provisions for flood avoidance due to its proximity to coastal water. He explained that the lot consists of 7764 ft.' and when the construction was completed, the structure would cover 18.4% of the lot size. He went on to explain that a new Title 5 mounted system would be installed, which would slope to the rear of the property and be a minimal visual structure. He explained that the lot would be leveled, so as to allow water upon it to percolate on site, and that three drywells would be installed to collect runoff from the gutters on the new building. When constructed, certain nonconformities would be eliminated/reduced with the west side of the property coming into compliance and the east side of the property being only 2 feet of encroachment and to the sideline. The shed currently on the property will be removed. A TRUE COPY ATTEST C!tAVIG 7 GMG 1 TOWN CLERK{ JUL 10 Z023 A letter from Ronald and Noelene Cervin was read into the record with each expressing their concerns about a chronic problem of road flooding and times of heavy rains throughout the neighborhood, and in particular at this location. Mr. Ojala offered information to address this concern and indicated that the changes to this lot would cause no new flooding, and, instead, were intended to abate this problem in part. Ralph Decker, an interested party, was present and spoke. He expressed like concerns relating to road flooding and asked good and pointed questions about potential storm flooding, with Mr. Ojala informing all as to the so-called "Smart Vents" that would be incorporated into the foundation design to deal with potential flooding from storms. The Board has considered many similar requests relating to the replacement of structures along the coast that have to take into account the likelihood of storm surges affecting their property. The design proposed seemed very reasonable, and no Board Member expressed any concern that a Special Permit was inappropriate. A concern was expressed that the foundation walls not be left uncovered. A motion was made by Mr. Martin, seconded by Mr. Fraprie, to grant the Special Permit, sought by the petitioner on the condition that there being no more than 8-12 inches of exposed foundation concrete, and that the remainder of any concrete wall be covered with a suitable material such as Hardie Board. A roll call vote was taken on this motion with unanimous assent, and the Special Permit was, therefore, granted with the stated condition.. Steven DeYoung - Aye Sean Igoe - Aye Dick Martin - Aye Jay Fraprie - Aye John Mantoni - Aye Mr. Igoe then moved that the petitioner be allowed to withdraw the request for Variance relief, without prejudice, which motion, Mr. Fraprie seconded, and upon which the Board voted unanimously in favor by voice vote. 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 A TRUE COPY ATTEST: Fk4A�-. AWAt4ki, C;�J,C�/ T(-I VIV G LLERK JUL 10 2023. 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 #5022 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 JUL IQ 2023 A TRUE COPY ATTEST. ;�- & W04 /-- f i:14 �G- (;,Vp .; l t L;VVN L,L"-r:iC JUL 10 2023 Petition #: 5022 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: July 3, 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: Kaya Cinar, Trustee of the Peggy Pekran Cinar 2010 Trust Affecting the rights of the owner with respect to land or buildings at: 4 Television Lane, West Yarmouth, MA; Map 14, Parcel 91; Zoning District: R-25; Certificate #205049; Land Court Lot #51; Plan #11781B 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. �tca� Steven DeYoung, Chairman BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register A TRUE COPY ATTEST: 1UL 10 70