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HomeMy WebLinkAbout5014 3 Andrina Road Decision Certified 05.15.23FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION May 15, 2023 5014 April 27, 2023 Dmitry and Marina Berdichevsky PROPERTY: 3 Andrina Road, West Yarmouth, MA Map 17, Parcel 45 Zoning District: R-25 Title: Book 27551, Page 92 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 Petitioners are Dmitry and Marina Berdichevsky who seek relief concerning property located at 3 Andrina Road, West Yarmouth, Massachusetts which property is in a zoning district R-25. Specifically, the parties seek relief either by way of Special Permit or Variance for rear and side setbacks, so as to add a second story to an existing dwelling, while also increasing the size of a deck. Noteworthy is that the Town of Yarmouth Conservation Commission provided a memo dated 4/18/2023 which indicated that, subject to an Order of Conditions, the project was approved. Except for the petitioner and his representative, Ed Stafford, no one spoke in favor or against the proposed construction. No exhibits were received at the hearing. Except for increasing the size of the deck, which was considered by the Conservation Commission, the second story will be contained within the existing footprint. The home is pre-existing non- conforming. The completed project will increase lot coverage from 15.6% to 15.8%. Nothing in the rear north side setback, which is presently not in conformity, will be changed. The Board agreed that the new structure, when completed, will be tasteful and appropriate for the neighborhood. There will be no undue burden on the present or future character of the neighborhood or town, by granting the relief sought by the petitioners. A TRUE COPY ATTEST: T-4 �/9. nu_�� t;?'0 101 `N 0 // I -OWN Ui f"K JUN a 5 2023 The Board considered which form of relief would be appropriate and determined a Special Permit would be satisfactory. After much discussion, the Board felt that a grant of a Special Permit would not result in any undue hazard, nuisance or congestion to the neighborhood. Accordingly, a motion was made by Mr. Martin, and seconded by Mr. Mantoni. On a roll call vote, the Special Permit was granted by a vote of 5 in favor, and none opposed on the condition that such approval was subject to any statement of conditions, determined by the Conservation Commission. In a motion made by Mr. Martin, and seconded by Mr. Fraprie, the Board accepted the request made by the petitioner's representative to withdraw so much of the petition is related to a request for a Variance, such withdrawal to be without prejudice. The Board voted unanimously in favor of the withdrawal of the request for 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) /4=..,a� Steven DeYoung, Chairman 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 #5014 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. NKslowski JUN 5 2023 14A TRUE COPY ATTEST JUN a 5 2023 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5014 Date: June 5, 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: Dmitry and Marina Berdichevsky Affecting the rights of the owner with respect to land or buildings at: 3 Andrina Road, West Yarmouth, MA; Map 17, Parcel 45; Zoning District: R-25; Title: Book 27551, Page 92 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. Steven DeYoung, Chairman A TRUE COPY ATTEST. A4a fiu-� JUN 0 5 2023