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Home My WebLink AboutBOA #5188'RRMOL N TOWN CLERK RE Do.:1.530,621 09- 23 2o2... t3ARN£t I ACLE l AND c-:I IP:' • SEP 2'25410:18 O. Y9�q 0 TOWN OF YARMOUTH Q BOARD OF APPEALS 0_w `j DECISION _ 3,r RECEIVED M tiCR ___-. RPORAT E� SEP 2 3 2025__ FILED WITH TOWN CLERK: September 2,2025 BUILDING DEPARTMENT By PETITION NO: 5188 HEARING DATE: August 14,2025 PETITIONER& PROPERTY OWNER: William G.Hasapidis and Jeannette L.Hasapidis PROPERTY: 24 Scallop Road,West Yarmouth,MA Map 14,Parcel 27 Zoning District:R-25 Document#1352026 Certificate of Title#216978 MEMBERS PRESENT AND VOTING:Chairman Sean Igoe,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 William Hasapidis,who appeared in connection with the property located at 24 Scallop Road,West Yarmouth,Massachusetts,which property is located in a R-25 zoning district.The lot contains—37,026 square feet of area. The petitioner seeks front and side setback relief to build a 16'x 24'shed.In this zoning district, a front setback of 30 feet and a side setback of 15 feet are required.The property is located between Scallop Road and Quail Road with the rear lot line considered a"front"on Quail Road. For the installation of the 384-square-foot shed,the petitioner is proposing to place the shed in the northeast corner of the lot,reducing the front setback(at the rear lot line)from 30 feet to 8 feet, and the side setback from 15 feet to 8 feet. Prior to the hearing,the Board received a memo,dated August 1,2025,stating that the Yarmouth Conservation Commission heard a Request for Determination of Applicability on July 17,2025. Because the work will not remove,fill,dredge,or alter the area,then the filing of a Notice of Intent is not required.The Determination of Applicability was issued on July 24,2025. A TRUE COPY ATTEST: Ol14g Ian , $6Mrj �/TOWN CLERK At the hearing, there were no public comments. The petitioner also provided an exhibit: an additional rendering of the 16' x 24' shed from the manufacturer's website. Several Board Members expressed concern, in particular, with the 8-foot setback from the rear lot line to Quail Road, and made various suggestions to the petitioner: reducing the size of the shed; changing the orientation of the shed; or moving the shed. Initially, the petitioner rebuffed the Board's suggestions because of the quantity of items to be stored in the shed and the aesthetics of the placement of the shed. During Board discussion and deliberation, at least three(3) Board Members remained concerned about granting this much relief for a shed of this size and recommended that the petitioner withdraw the petition without prejudice and return to the Board with a shed that is smaller in size or a shed orientation that is less intrusive into the setback. Chairman Igoe advised the petitioner that if the Board is compelled to vote, the petition would fail and the petitioner could not re-apply to the Board for two (2)years. One Board Member asked about moving the shed to the other side of the lot. However,because of the wetland buffer zone, the petitioner cannot place the shed on the other side of the lot. In that regard, the petitioner qualifies for a Variance because of a hardship owing to the shape of the lot. The petitioner then offered to place the shed fifteen(15) feet from the rear lot line. Chairman Igoe polled the Board which agreed to grant a Variance with this concession from the petitioner. A motion was made by Mr. Panebianco and seconded by Ms. Murphy to grant a Variance to allow a 16' x 24' shed to be placed at least 8 feet from the easterly side lot line and at least 15 feet from the rear lot line facing Quail Road. 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. To ensure compliance with the agreed-upon setbacks,the petitioner will provide an updated As-Built Plan to the Board, showing the shed and its exact location from the lot lines. 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_ATTEST:yivoitth ri4.40/e). C mo/CMC/TOWNCLERK SEP 2 3 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 #5188 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. Thi(leht4444 Mary A. aslowski, MMC, CMMC SEP 2 3 2025 A TRUE COPY ATTEST: . • W11-4M11-44 CMMO / CMC / TOWNCLERK LERK SEP 2 3 2025 g Y COMMONWEALTH OF MASSACHUSETTS .10 i TOWN OF YARMOUTH Vti, BOARD OF APPEALS 9 --RypORATO�,e Petition#: 5188 Date: September 23, 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: PETITIONER & PROPERTY OWNER: William G. Hasapidis and Jeannette L. Hasapidis Affecting the rights of the owner with respect to land or buildings at: 24 Scallop Road, West Yarmouth, MA; Map 14, Parcel 27; Zoning District: R-25; Document#1352026; Certificate of Title#216978 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. 5.___S- Sean Igoe, Chairman A TRUE COPY ATTEST: .W11140461 CMh"O 1 pMC 1 TOWN CLERK SEP 2 3 2025 BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register