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HomeMy WebLinkAbout5186 33 Seminole Dr Decision Certified 09.02.25If,RiII}UTFI TfiHH CLERK RE SEP 2'?5 AH10:14 TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERI(: September 2,2025 PETITION NO:5186 HEARING DATE:August 14,2025 PETITIONER & PROPERTY OWNER:Michael Seraderian and Rita L. Seraderian, Trustees of the Seraderian Family Trust PROPERTY:33 Seminole Drive, Yarmouth Port, MA Map l15, Parcel 149 ZoningDistrict: R-40 Title: Book 33093, Page 13 MEMBERS PRESENT AND VOTING: Chairman Sean lgoe, Dick Martin, Barbara Murphy, and Anthony Panebianco 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 Michael and Rita Seraderian, Trustees of the Seraderian Family Trust, who appeared in connection with the property located at 33 Seminole Drive, Yarmouth Port, Massachusetts, which property is located in a R-40 zoning district. The lot contains -12,632 square feet ofarea. The petitioner seeks front and side setback relief to construct a front porch and to raze and replace a garage with an addition. In this zoning district, a front setback of 30 feet and a side setback of 20 feet are required. The house is a lawfully preexisting, nonconforming structure, with an existing westerly side setback at 13.5 feet and 17.6 feet, respectively. For the proposed 144-square-foot porch, the front setback will be reduced, at one corner, from 30.9 feet to 25.3 feet. For the proposed addition, the easterly side setback will continue to exceed the minimum 20-foot setback requirement, except for the back corner of the addition, at 15.7 feet. The 798-square-foot addition would include a bedroom, bathroom, closet, and family room. The Old King's Highway Historic District Committee approved the petitioner's application for a TRUE COPY AfiEST: n 4/rr,,td Certificate of Appropriateness on May 28,2025 sEP 2 3 2025 Prior to the hearing, the Board received a letter of opposition from an abutter. At the hearing, another abutter spoke in opposition to the petition. Both abutters were concemed about the easterly side setback of 15.7 feet at the back corner of the addition. Exhibits received at the hearing were additional images from the petitioner to show the estimated distances to these direct abutters. The Board agreed that the proposed porch and addition will result in a structure that is similar to other structures in the neighborhood, and that the alteration, extension or raze and replacement will not be substantially more detrimental to the neighborhood, zoning district, or Town. Accordingly, a motion was made by Mr. Martin and seconded by Ms. Murphy to grant the Special Permit, as requested. The members voted as follows: Mr. Martin: AYE; Ms. Murphy: AYE; Mr. Panebianco: AYE; Chairman Igoe: AYE. The motion was voted 4-0 in favor. Therefore, the Special Permit was approved. A motion was made by Mr. Martin and seconded by Ms. Murphy to allow the petitioner to withdraw the Variance without prejudice. The members voted as follows: Mr. Martin: AYE; Ms. Murphy: AYE; Mr. Panebianco: AYE; Chairman Igoe: AYE. The motion was voted 4-0 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/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 I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certiff that?D days have elapsed since the filing with me of the above Board of Appeals Decision #5186 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. fu4lh*L,W Mary A. Maslowski, MMC, CM\4C sEP 2 3 20e5 ATRUE COPY ATTEST. n 4*),,t/, sEP 2 3 2025 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5186 Date: September 23, 2025 Certificate of Grantins 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 & PROPERTY OWNER: Michael Seraderian and Rita L. Seraderian, Trustees of the Seraderian Family Trust Affecting the rights of the owner with respect to land or buildings at: 33 Seminole Drive, Yarmouth Port, MA; Map 115, Parcel149; Zoning District: R-40; Title: Book 33093, Page 13 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 A TRUE COPY ATTEST: n 4/rr,.tt, I sEP 2 3 2025