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HomeMy WebLinkAbout5172 169 Route 6A Decision RecordedFILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY OWNER: PROPERTY: TOWN OF YARMOHTH BOARD OF APPEALS DECISION May 8, 2025 5172 April 24, 2025 Gregory C. Bilezikian GCB 169 Route 6A, LLC 169 Route 6A, Yarmouth Port, MA Map 122 Parcel 121 Zoning District: R40 and B-1 Title: Book 36544, Page 79 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 property is located in the R-40 and B-1 Zoning Districts, contains approximately 27,443 square feet of area, and is improved with two structures: a mixed -use building and a barn. The property is also within the Old King's Highway Historic District. The petitioner, Mr. Gregory Bilezikian, is seeking a Special Permit and/or Variance for side setback relief to raze and replace a preexisting, nonconforming barn. At the hearing, Mr. Bilezikian was assisted by Mr. Christopher Weeks, a builder. The barn is situated approximately one -and -a -half feet from the side property line abutting 165 Route 6A. The initial proposal was to raise the existing barn, install a new foundation, and place the existing barn on the new foundation. However, per the recommendation of the petitioner's structural engineer, the revised proposal is to raze and replace the existing barn. By moving the barn two feet from the side property line and two feet farther to the rear of its present location, the petitioner can retain the driveway access into the property, maintain the required distance to the new septic system, and improve compliance with front and side setbacks. Two abutters spoke in favor of the petition. No parties spoke in oppb"(Qibn. A TRUE COPYATTEST. 2025 The Board was in agreement that the proposed barn would not be substantially more nonconforming than the existing barn; that no undue nuisance, hazard or congestion will be created; and that the applicant had met the criteria of the bylaw for a Special Permit. Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Martin, to grant the Special Permit with the following conditions: 1) No building permit shall be issued until Old King's Highway Historic District Committee approval is received. 2) The petitioner shall provide to the Board an As -Built Plan to show that the barn is set back two (2) feet from the side property line and two (2) feet to the rear of the barn's present location. On this motion and on these conditions, the Board voted unanimously in favor as follows: Mr. Martin -AYE; Mr. Fraprie-AYE; Mr. Mantoni-AYE; Ms. Murphy -AYE; Chairman Igoe -AYE. Therefore, the Special Permit was granted with the stated conditions. 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 this motion, the Board voted unanimously in favor as follows: Mr. Martin -AYE; Mr. Fraprie-AYE; Mr. Mantoni-AYE; Ms. Murphy -AYE; Chairman Igoe -AYE. Therefore, the request for Variance was withdrawn without prejudice. 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 noticeidecision 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 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 #5172 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 2 9 2025 aY ATTEST: 0_ 'S S O - T�►JA �u..TYI{'ci�tRe f i�CO `b RAORAT£� Petition #: 5172 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: May 29, 2025 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: PETITIONER: Gregory C. Bilezikian PROPERTY OWNER: GCB 169 Route 6A, LLC Affecting the rights of the owner with respect to land or buildings at: 169 Route 6A, Yarmouth Port, MA; Map 122 Parcel 121; Zoning District: R-40 and B-1 ; Title: Book 36544, Page 79 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, Chairman BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register ,.' A TRUE co 9T �c ., is �;rTawnf cl.�lc a,c 1AXY 2 9 2025