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HomeMy WebLinkAbout5178 38 Indian Memorial Dr Decision Certified 07.08.25'ARHUUTH TOWN CLERK RE JUL 8125 AM10:49 FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER & PROPERTY OWNER: PROPERTY: TOWN OF YARMOUTH BOARD OF APPEALS DECISION July 8, 2025 5178 June 12, 2025 George I. Poulakos and Ekaterini Poulakos 38 Indian Memorial Drive, South Yarmouth, MA Map & Parcel: 69.215 Zoning District: R-40, APD, and Zone II Title: Book 24580, Page 145 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Jay Fraprie, John Mantoni, Barbara Murphy, 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 George Poulakos who seeks relief in connection with property at 38 Indian Memorial Drive, South Yarmouth, MA. The property contains—19,166 square feet of area and is located in an R-40 zoning district. The petitioner seeks relief to increase the ridge height of a preexisting, nonconforming structure in order to add a second floor to the home. The proposed height at the ridge is —24.59 feet. At the hearing, the petitioner was accompanied by his son, Ioannis "Yanni" Poulakos, who explained the reasons for the second -floor addition. The petitioner is transitioning 38 Indian Memorial Drive from a secondary property to the primary property. The petitioner is not retiring, but will continue to work from a proposed home office on the first floor. An elderly relative will be moving into the home and using one of the bedrooms on the first floor. The petitioner confirmed that the existing full foundation can support a second -floor addition. No one spoke in favor of or in opposition to the petition and no new exhibits were received. A TRUE COPY ATTEST h�k�a. &d1XX44 / CM0 / TOWN CLERK JUL 2 9 2025 The Board agreed that the petition is a reasonable request. The second -floor addition will not make the existing structure substantially more nonconforming. No undue nuisance, hazard or congestion will be created and there will be no substantial harm to the established or future character of the neighborhood or town. Accordingly, a motion was made by Mr. Fraprie and seconded by Mr. Neitz to grant the Special Permit as requested. The members voted as follows: Mr. Neitz: AYE; Mr. Fraprie: AYE; Mr. Mantoni: AYE; Ms. Murphy: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in favor. Therefore, the Special Permit was granted. A motion was made by Mr. Fraprie and seconded by Mr. Mantoni to allow the petitioner to withdraw the request for Variance without prejudice. The members voted as follows: Mr. Neitz: AYE; Mr. Fraprie: AYE; Mr. Mantoni: AYE; Ms. Murphy: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in favor. Therefore, the 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 notice-Aecision 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 #5178 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. Fk44e A4&X46�4 Mary A. Maslowski, CMMC, CMC JUL 2 9 2025 A TRUE COPY ATTEST CMUO / AMC I TOWN CLERK 5 JUL 2 9 2025 Y� COMMONWEALTH OF MASSACHUSETTS ,0 f 0 TOWN OF YARMOUTH 0 BOARD OF APPEALS Ck y!!17?GN[R'6L ORPO RATEO %V Petition #: 5178 Date: July 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: George I. Poulakos and Ekaterini Poulakos Affecting the rights of the owner with respect to land or buildings at: 38 Indian Memorial Drive, South Yarmouth, MA; Map & Parcel: 69.215; Zoning District: R-40, APD, and Zone II; Title: Book 24580, Page 145 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. a Sean Igoe, Chairman A TRUE COPY ATTEST I TOWN CLERK JUL 2 9 2025