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HomeMy WebLinkAbout5057 55 Bayberry Rd Decision RecordedFILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: Doc : 1 r 4.9'2 r 911 12— 11-20'23 1 e 0 BARNSTABLE LAND COURT REGISTRY TOWN OF YARMOUTH BOARD OF APPEALS DECISION November 14, 2023 5057 October 26, 2023 All Bigdeliazari PROPERTY: 55 Bayberry Road, West Yarmouth, 1lIA Map & Lot #: 22.235.1 Zoning District: R-25 Certificate #: 229063 Land Court Lot #: 29 Plan #: 11435-F MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Dick Neitz, John Mantoni, Anthony Panebianco and Barbara Murphy 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 Cool Thnes, the hearing opened and held on the date stated above. The petitioner is All Bigdeliazari who seeks relief with respect to the property located at 55 Bayberry Road, West Yarmouth, Massachusetts, which property is located in a R-25 zoning district. The petitioner seeks a Special Permit per § 104.3.2(2) and/or Variance from §203.5 for front setback relief on an undersized lot (16,674 sf) to build an overhang over the front step. At the hearing, Mr. Bigdeliazari explained that the preexisting front step measures approximately 2 feet 5 inches. The overhang over the front step would also measure approximately 2 feet 5 inches. The overhang would encroach 2.1 feet into the front setback (27.9 feet instead of the required 30 feet). While the Board considered the petitioner's request de minimis, the Board also determined that the petitioner requires a Variance because a new nonconformity is being created. The petitioner meets the criteria for a Variance relief due to a hardship and soil conditions, and if a Variance is granted, it would not derogate from the intent or the purpose of the bylaw. . , A RUE COPY A TF-,�; F: i':• v`,% �irlV !1. !"JI'd i,t EJPK Accordingly, a motion was made by Mr. Panebianco, seconded by Mr. Neitz, to issue a Variance as requested, without conditions. The members voted as follows: Mr. Igoe AYE Mr. Neitz AYE Mr. Panebianco AYE Mr. Mantoni AYE Ms. Murphy AYE At the request of the petitioner, the Board voted on a motion made by Mr. Neitz, seconded by Mr. Mantoni, to allow the withdrawal of the Special Permit, without prejudice. The members voted unanimously in favor of the motion. 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) Sean Igo, Vice Chair 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 #5057 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 _A TRU CC)PY A T TFST Petition 9: 5057 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: December 51 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: Ali Bigdeliazari Affecting the rights of the owner with respect to land or buildings at: 55 Bayberry Road, West Yarmouth, MA; Map & Lot #: 22.235.1; Zoning District: R-25; Certificate #: 229063; Land Court Lot #: 29; Plan #: 11435-F 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. Sean Igoe, Vice Chair BARNSTABLE REGISITY OF DEEDS John F. Meade, Register Q a A TRUE COPY AT TES --I'-, 1� L '-K aitirA%