HomeMy WebLinkAbout5052 51 Mill Pond Rd Decision TC 10.11.23FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
October 11, 2023
5052
September 28, 2023
Erion and Imelda Sollomoni
51 Mill Pond Road, West Yarmouth, MA
Map 45, Parcel 60
Zoning District: R-25
Title: Book 33079, Page 281
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Jay Fraprie, John Mantoni,
Barbara Murphy, and Anthony Panebianco
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 to modify Decision #4968 dated
August 10, 2022 and/or Special Permit per § 104.3.2(2) to raze/replace a preexisting
nonconforming structure and/or Variance from §203.5 for side setback relief
At the July 28, 2022 public hearing, the Board had granted a Special Permit 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:
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 sought 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.
At the September 28, 2023 public hearing, the petitioner informed the Board that the builders
had moved walls and demoed the house, unaware that a permit was needed for demolition. As a
result, the petitioners are seeking relief with the same plans that had been submitted to the Board
in 2022.
Two abutters spoke in opposition to the petition at the hearing, expressing concerns about the
septic system and contractors on their property. The Board explained that the Board of Health
has oversight for septic. The Board also advised the property owners to obtain temporary
water/electrical service and to speak with their contractors about the neighbor's concerns.
In addition, while the architectural plans show that the property owners will park their cars on
the southeasterly side of the house, the Board noted that the site plan also needs to show an
identifying area for a driveway.
In their deliberations, the Board discussed that the project remains in line with the previous
Decision #4968, which allowed Race Road to be considered part of the side setback. Because the
petition was previously approved, the Board agreed that the project needs to go forward.
A motion was made by Mr. Fraprie and seconded by Mr. Mantoni to approve a Special Permit to
raze/replace with the decision incorporating the findings from the previous Decision #4968. On a
voice vote (5-0), the Special Permit was approved.
The petitioner requested to withdraw the Variance, without prejudice. A motion was made by
Mr. Fraprie and seconded by Mr. Panebianco to approve the request to withdraw the Variance,
without prejudice. On a voice vote (5-0), the request to withdraw the Variance, without
prejudice, was approved.
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)
Sean Igoe, Vice Chair
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 #5052 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, CMC