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HomeMy WebLinkAbout4968 51 Mill Pond Road Decision Recorded 09.16.22Y.q fak 35369 P ?5 462O2 TOWN OF YARMOUi x BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: August 10,2022 PYATTEST PETITION NO: 4968 CMMt /C'lMC QUM CLER-K HEARING DATE: July 28,2022 PETITIONER: AUG 3'1'2022ErionandImeldaSollomoni PROPERTY: 51 Mill Pond Road,West Yarmouth,MA Map 45, Parcel 60 Zoning District: R-25 Title: Book 33079, Page 281 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung,Sean Igoe,Jay Fraprie,Dick Martin,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 Erion and Imelda Sollomoni of 51 Mill Pond Rd.,West Yarmouth,MA which property is in a R-25 zoning district.The applicant seeks either a Special Permit and/or a Variance to add an overhang, extend a deck to align with pre-existing structure and for setback relief in connection with this property. It is generally well-known that this Board is reluctant to give front setback relief of any type. Notwithstanding,this particular petition presents a unique property. It fronts on 2 roads,to wit: Mill Pond Road and Race Road. Mill Pond Road has not been constructed to its width and is not anticipated to be widened. Race Road is a paper Road which has never been developed and, since it leads to nowhere, is unlikely to be developed. The petitioner seeks to add a proposed deck which will be 17 feet from the southerly lot line but over twice this distance from the actual layout of Mill Pond Road.Additionally,this proposed deck will be 5.7 feet from their lot line as it abuts Race Road. The proposed addition and deck to the north of the home will be 5.4 feet at the northerly corner of the deck from Race Road and 10 feet to the corner of the proposed addition.Noting that neither of the 2 abiding roads will be developed further,the Board felt that the uniqueness of this property and its location was cause to grant relief that ordinarily would be denied. 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. The Board was unanimous in its belief that this relief should be by way of a Special Permit. Mr.Martin moved to grant the Special Permit without conditions and Mr. Mantoni seconded this motion which passed on a roll call vote of 5-0. The petitioner asked that the requested relief of a Variance be withdrawn,without prejudice and a motion was so made by Mr.Martin and seconded by Mr. Fraprie and upon this motion and by roll call vote the Board voted unanimously in favor and,so therefore,the Variance request was allowed to be withdrawn,without prejudice. Bk 35369 Pg76 #46202 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. (Seebylaw §103.2.5, MGL c40A §9) N A TRUE- OPY ATTEST:',' Tel,- 9•Atdint/404- ---Steven DeYoung, Chairman CMM /CMC/TOWN CLERK' AUG 3 1 2022 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#4968 that no notice of appeal of said decision has been filed with me, or, if such appeal has been filed it has been dismis d o,r denied. 1 appeals haveabeen exhausted. Mary A. Mas owski AUG 31 2022 Bk 35369 Pg77 #46202 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS fr'RlJE(\9RYTATrT tA CMS I. D . Petition #: 4968 D fC/GMC/TOWN CLtt i(Date: August 31,2022 AUG t3..1 2022 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 beengrantedto: Erion and Imelda Sollomoni 51 Mill Pond Road, West Yarmouth, MA 02673 Affecting the rights of the owner with respect to land or buildings at: 51 Mill Pond Road,West Yarmouth,MA; Map#: 45; Parcel#: 60; Zoning District: R-25; Book/Page: 33079,281 and the said Board of AppealsfurthercertifiesthatthedecisionattachedheretoisatrueandcorrectcopyofitsdecisiongrantingsaidSpecialPermit, 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 orrenewalthereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk thattwenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appealhasbeenfiledorthat, if such appeal has been filed, that it has been dismissed or denied, is recorded in theRegistryofDeedsforthecountyanddistrictinwhichthelandislocatedandindexedinthegrantorindexunderthenameoftheownerofrecordorisrecordedandriotedontheowner's certificate of title. The fee for suchrecordingorregisteringshallbepaidbytheownerorapplicant. Steven DeYoung, Chairman BARNSTABLE REGISTRY OF DEEDS John F. Meade, RegisterBARNSTABLECOUNTY REGISTRY OF DEEDS A TRUE COPY,ATTEST REGISTER