HomeMy WebLinkAbout5144 21 Television Ln Decision TC 02.27.25ARMauT FEB 2� CLERK 36
Y.
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF 'YARMOI i TH
BOARD OF APPEALS
DECISION
February 27, 2025
5144
February 13, 2025
Alfredo G. Lopilato and Janel M. Lopilato
PROPERTY: 21 Television Lane, West Yarmouth, MA
Map & Parcel: 14.53
Zoning District: R-25
Document #1448613
Certificate #228738
Land Court Lot #45, Plan # 11781-B
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Jay Fraprie,
John Mantoni, and Dick Neitz
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 as stated above.
The petitioner is Alfredo Lopilato who seeks relief in connection with property at 21 Television
Lane, West Yarmouth, MA. The property contains —6,500 square feet of area and is located in an
R-25 zoning district.
The petitioner seeks to raise the foundation and meet flood regulations. The petition was
continued from hearings held on November 14, 2024 and January 9, 2025, respectively.
At the initial hearing, the Board questioned whether additional relief was needed and required
more information from the petitioner, including: the elevation of the existing grade of the lot; the
number and location of stairs; setbacks from the lot lines; and any restrictions from the
homeowners association.
On December 18, 2024, the petitioner amended the application to alter, relocate, and increase the
ridge height of a preexisting, nonconforming structure with the new location to be less
nonconforming.
The revised plans show the house, which is on a corner lot, will now face FM Lane. The grade
will be raised with fill and the property surrounded by a 4-foot-high retaining wall.
Prior to the February 13, 2025 hearing, the Board received 1) a January 8, 2025 email from Jeff
Cappello, Board Member, Great Island Ocean Club, which stated that deeded restrictions expired
and the homeowners association voted to not extend the restrictions; and 2) a memo dated
January 24, 2025 from the Yarmouth Conservation Agent that the petitioner's engineer had not
yet filed a Notice of Intent regarding the proposed placement of fill within the 100-year flood
zone, which triggers the Wetlands Protection Act and the Yarmouth Wetland Bylaw.
At the hearing, no one spoke in favor of or in opposition to the petition and no new exhibits were
received.
The Board consensus was that the revised plan is a better plan overall by moving the house
"square" on the lot and coming into conformity as much as possible for this house.
Accordingly, a motion was made by Mr. Fraprie and seconded by Mr. Neitz, and voted 5-0 in
favor, to approve the Special Permit, as presented in the January 8, 2025 plan, with the following
condition:
1) No building permit shall be issued until Conservation Commission approval is received.
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, 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 05144 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, CMMC, CMC