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Home My WebLink AboutBOA# 5052 101123 . p': TOWN OF YARMOUTH ax r ' C. BOARD OF APPEALS pu '' '' Z DECISION Bk 36083 P9191 *45726 1 1-13-20123 & 09 =54-rz FILED WITH TOWN CLERK: October 11, 2023 PETITION NO: 5052 F c 7 1 1/ t L1-11 HEARING DATE: September 28,2023 NOV 13 20Z3 1 PETITIONER: Erion and Imelda Sollomoni BUILDING --il DEPARTMENT BY _ — -- 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: 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 Iayout of Mill Pond Road. Additionally,this proposes(W, deck will be 5.7 feet from their lot line as it abuts Race Road. The proposed additi pcanr .d. ck to the north of the home will be 5.4 feet at the northerly corner of the deck from i ` ad ;„, feet to the corner of the proposed addition. �w 0 - t . €: .. A4o'-'':-.7,,‘,:::' l',- Y.,1- '--,A. 2023 Bk 36083 Pg192 #45726 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) 4•*',1:4Viat4Sean Igoe, Vice Chair b SKI Aiek:46e0$1,' ;4"' r+A tix ` ' 43 Bk 36083 Pg193 #45726 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#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. TiAtaMdeht(44 ' Mary A. Maslowski, CMC NOV — 1 2023 y'Y 7 t.., +its; h i n�a P,9%.. ♦ gee° �, {o T� tit ei 4 Bk 36083 Pg194 #45726 owYR COMMONWEALTH OF MASSACHUSETTS _ a TOWN OF YARMOUTH .„� BOARD OF APPEALS �i�t�cNEEgd Petition#: 5052 Date: November 1,2023 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: Erion and Imelda Sollomoni 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; Title: Book 33079,Page 281 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. Sean Igoe, Vice Chair ABLE COUNTY cGISTRY OF DEEDS 'r UE COPY,ATTEST LVIEADI r/'Tiief BARNSTABLE REGISTRY OF DEEDS F f John F. Meade, Register „�: k (sioiNoyl4.3 ty ' BAF9IV$TABt. 361N ry i l ,• ti REGISTRY OF DEEDS jej A TRUE COPY,ATTEST JOHN F.MEAD'_;FQ. ;;, .:-c,