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HomeMy WebLinkAbout5144 21 Television Ln Decision RecordedDoc = 1 : 519 r 828 03-20--2025 21131 RMOUTH T014N CLERK RE BARNSTABLE LAND COURT REGISTRY FEB 27'25 Am9:36 TOWN OF YARMOUTH b BOARD OF APPEALS DECISION \\dry 4 r��'p0 A ATBD� FILED WITH TOWN CLERK: February 27, 2025 PETITION NO: 5144 HEARING DATE: February 13, 2025 PETITIONER: Alfredo G. Lopilato and Jane[ 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 Tinges, 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. A TRUE COPY ATTEST - CM - / ToF PIN 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 Yannouth 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 fling 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 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 #5144 that no notice of appeal of said decision has been filed with me, or, if such appeal has been fled it has been dismissed or denied. All appeals have been exhausted. Mary A. Maslowski, CMMC, CMC l 'PRUE COPY ATTEST C '! QCMC/T_ F qg RKE Og .YA� -XATTACHLLSCk L ' }�C�RPO RATti Petition #: 5144 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: March 20, 2025 Certificate of Grantinp, of a Special Permit (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachu:�ett� hereby certifies that a Special Permit has been granted to: Alfredo G. Lopilato and Janel M. Lopilato Affecting the rights of the owner with respect to land or buildings at: 21 Television Lane, West Yarmouth, MA; Map & Parcel: 14.53; Zoning District: R-25; Document #1448613; Certificate 0228738; Land Court Lot #45, Plan #11781-B 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 Pennit, 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, Chairman 11f; :S� �►.F RfG!STPY OF DEEDS John F Meade, Register A TRUE COPY ATTEST. ;&Ae &^a44 C I C / TOWN CLERK