HomeMy WebLinkAbout5186 33 Seminole Dr Decision RecordedYARMOUTH TOWN CLERK RE
SEP 2 '25 Am 10:14
Bk 37200 P918o AL39745
09-24-2425 & 12:15P
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER &
PROPERTY OWNER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
September 2, 2025
5186
August 14, 2025
Michael Seraderian and Rita L. Seraderian,
Trustees of the Seraderian Family Trust
PROPERTY: 33 Seminole Drive, Yarmouth Port, MA
Map 1I5, Parcel 149
Zoning District: R-40
Title: Book 33093, Page 13
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 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 of area.
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
Certificate of Appropriateness on May 28, 2025. ,^ • �''
z
Twf "C'f3pY T.
C I Gme I TO
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 concerned 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
1, 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 #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.
Mary A. Maslowski, MMC, CMMC
SEP 2 3 2525
. , Y. ,
A TRIJ PY ATT S-r
CM1004 CMC 1 TOWN CLE" K
SEP 23 2025
On
.era
Petition
Petition #: 5186
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: September 23, 2025
Certificate of Granting of a Special Permit
(General Laws Chapter 40A, Section 1 l )
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, Parcel 149; 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 I I (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
:-QNSTABLE REGISTRY OF DEEDS
John F. Meade, Register
A TRUE COPY ATTEST:
CMW CMC / TOWN CLERK
SEP 2.3.2025
�rrp C Ati'��