HomeMy WebLinkAbout5168 19 Bliscott Ave Decision Certified 04.08.25'ARMOUTH TOWN CLERK RE
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
April 8, 2025
5168
March 27, 2025
Eugene Koval
19 Bliscott Avenue, South Yarmouth, MA
Map 33, Parcel 56
Zoning District: R-25
Title: Book 31531, Page 13
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Jay Fraprie,
John Mantoni, 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 Cod Times, the hearing opened and held on the date stated above.
The Petitioner is seeking to reverse the decision of the Building Commissioner and/or a Variance
from §401.1.2 to allow storage of a utility trailer on the property.
The Property is located in the R-25 Zoning District, contains approximately 4,792 square feet of
area, and is improved with a 1-story, 2-bedroom home.
The petitioner received a Violation Notice, dated February 7, 2025, from Tim Sears, Deputy
Building Commissioner, which included a violation for a utility trailer parked in front of the
front building line of the lot.
Per §401.1.2 of the Yarmouth Zoning Bylaw, because this utility trailer is parked or stored
outside of a garage:... it shall be parked or stored to the rear of the front building line of the lot,
except for loading and unloading.
The Board received letters of opposition from four abutters and two of those abutters also spoke
in opposition at the hearing. From the images provided by the abutters to the property, the
Deputy Building Commissioner, and the Town's Nearmap system, the utility trailer appears
filled with debris on a routine basis.
TRUE COPY ATTEST
. AW044
tCM "C 1 CMG 1 TOWN CLERK
MAY - 6 2025
While not under the Board's purview, the petitioner was cautioned about storing construction
debris because the Building Department may issue a separate citation for that violation. The
petitioner stated that the Building Department had spoken to him about construction debris.
Regarding the petition, the requested relief cannot be granted without either substantial detriment
to the public good; or nullifying or substantially derogating from the intent or purpose of the
bylaw.
Accordingly, a motion was made by Mr. Fraprie and seconded by Mr. Mantoni to uphold the
decision of the Building Commissioner. On a voice vote (5-0), the motion was approved.
A motion was made by Mr. Fraprie and seconded by Mr. Mantoni to allow the petitioner to
withdraw the request for a Variance without prejudice. On a voice vote (5-0), the motion was
approved.
Sean Igoe, Chairman
CERTIFICATION OF TOWN CLERK
1, Mary A. Maslowski, Town Clerk, Town of Yannouth, do hereby certify that 20 days have
elapsed since the filing with me of the above Board of Appeals Decision #516$ 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
MAY - 6 2025
A TRUE COPY ATTEST
2F
C CMC /TOWN CLERK
MAY -- 6 2025