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HomeMy WebLinkAbout5185 78 Indian Memorial Dr Decision RecordedARHOUTN TOWN CLERK RE AUG 1125 Am 11:39 FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER & PROPERTY OWNER: PROPERTY: Bk 37146 PN206 034043 08-25-2025 a'i 12 a 25m TOWN OF YARMOUTH BOARD OF APPEALS DECISION August 1, 2025 5185 July 24, 2025 Joe Liu and Karen Huang -Liu 78 Indian Memorial Drive, South Yarmouth, MA Map 69, Parcel 203 Zoning District: R-40 Title: Book 17709, Page 266 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 Joe Liu and Karen Huang -Liu, in connection with the property located at 78 Indian Memorial Drive, South Yarmouth, Massachusetts, which property is located in an R-40 zoning district. The lot contains—10,019 square feet of area. The petitioner seeks front setback relief to construct an 800-square-foot extension to the one -and - a -half story house. Prior to the start of construction, the front setback was 32.5 feet. The proposed front setback is 25.6 feet where 30 feet is required in this zoning district. At the hearing, the petitioner was represented by Abdo Khalil, President, View Contracting. Mr. Khalil testified that he took over the construction after the initial design and that the original plan had been approved by the Building Department. Per the Chairman's request, Mr. Khalil used his laptop computer to show the materials submitted electronically to the Building Department. No one spoke in favor of or in opposition to the petition. The property has been the subject of a prior Variance for an addition and a garage. Per Decision #2264, dated January 27, 1986, at the point of the framing inspection, it was determined that the structure did not meet setback requirements. At that time, the Board found: "...the house was not A TRUE COPY ATTEST TL4�1 - A L CAd a MC / TOWN CLERK squarely constructed on the property, creating an unusual parcel in that none of the dimensions from the house are consistent for setbacks on any single side of the structure ... [and] the structure was non -conforming at the time of the 1985 construction. " As to Petition #5185, the Board discussed the reasons in favor of granting a new Variance: 1) The shape of the lot is not square; 2) The existing house is designed front to back with the septic system located to the rear of the property; 3) The proposed 800-foot extension is not higher than the existing peak of the house; and 4) The petitioner would face a financial hardship to change what has been constructed. The Board agreed that a literal enforcement of the bylaw would involve a substantial hardship, owing to the shape or topography of the lot, and that desirable relief may be granted without 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. Martin seconded by Mr. Mantoni, to grant the Variance, as requested. The members voted as follows: Mr. Martin: 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 approved. A motion was made by Mr. Fraprie and seconded by Mr. Mantoni to withdraw the Special Permit without prejudice. The members voted as follows: Mr. Martin: 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 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/decision with the Town Clerk. Unless otherwise provided herein, a Variance shall lapse if the rights authorized herein are not exercised within 12 months. (See MGL c40A § 10) Sean Igoe, Chairman A TRUE COPY A T k G C I J T,NN CLERK AUG 2 5 2025 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 #5185 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 AUG 2 5 2025 A TRUE COAAeES1 MC'1 TO CL�fi� rAr 6. - i ` AUG 2 5 2025 g YAK COMMONWEALTH OF MASSACHUSETTS 0 TOWN OF YARMOUTH � : ' e. BOARD OF APPEALS Petition #: 5185 Date: August 22, 2025 Certificate of Granting of a Variance (General Laws Chapter 40A, Section 10) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been granted to: Joe Liu and Karen Huang -Liu Affecting the rights of the owner with respect to land or buildings at: 78 Indian Memorial Drive, South Yarmouth, MA; Map 69, Parcel 203; Zoning District: R-40; Title: Book 17709, Page 266 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Variance, 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 Variance, 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 REGIS'RY OE DEEDS John E. Meade, MOO'