HomeMy WebLinkAbout5043 3 Norma Ave Decision Recorded!'k 36012 P:oS3 �38691
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
August 30, 2023
5043
August 10, 2023
Christopher E. Diesz and Regina M. Diesz
PROPERTY: 3 Norma Avenue, South Yarmouth, MA
Map & Lot: 88.52
Zoning District: R-40
Title: Book 23403, Page 45
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Dick
Martin, Jay Fraprie, John Mantoni, and Barbara Murphy {alternate}
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 Christopher and Regina Diesz who seek relief in connection with property
owned by them at 3 Norma Avenue, South Yannouth, Massachusetts, which property is in an R-40
zoning district. Specifically, the petitioners seek a Special Pennit or a Variance in order to construct
an entryway in the front setback of a pre-existing non -conforming structure.
The proposed structure, when completed, will be only 6 inches within the required front setback.
While the structure could be altered, it would be less utilitarian and odd -looking. It was agreed by
all Board Members that the 6-inch intrusion into the front setback was de minimis in nature.
The Board, after deliberations, felt that relief could be granted, without causing any substantial
detriment to the public good or nullification or derogation from the intent or purpose of the bylaw,
while the hardship to the petitioner was financial in nature, and due to the fact that the pre-existing
structure could not otherwise serve as a front entranceway.
Mr. Fraprie made a motion to grant a Variance, which motion was seconded by Mr. Martin and
which motion carried unanimously upon a roll call vote of the members.
The request for a Special Permit was allowed to be withdrawn, without prejudice, upon a motion
made by Mr. Fraprie and seconded by Mr. Martin, which passed unanimously upon a voice vote.
The Special Permit was, therefore withdrawn without prejudice.
A TRLIV'���"i'EST.
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, a
Variance shall lapse if the rights authorized herein are not exercised within 12 months (See bylaw
§ 103.2.5, MGL c40A § 10)
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 #5043 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) CM
SEP 2 0 2023
ATTEST.
r;K
Petition #: 5043
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: September 20, 2023
Certificate of Granting of a Variance
(General Laws Chapter 40A, Section 10)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been
granted to:
Christopher E. Diesz and Regina M. Diesz
Affecting the rights of the owner with respect to land or buildings at: 3 Norma Avenue, South Yarmouth,
MA; Map & Lot: 88.52; Zoning District: R-40; Title: Book 23903, Page 45 and the said Board of Appeals
further certifies that the decision attached hereto is a true and correct copy of its decision granting said
Variance, 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 Variance, 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
aARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register
PY ATTEST:
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