The URL can be used to link to this page

Home My WebLink About5186 33 Seminole Dr Decision Recorded with Site Plan Submitted to ZBA 03.14.25YARMOUTH 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'�� A4.14M 140 A 1 4121125 RE14SE P- ADDIAON & LOT COVERAGE R. W NO. I DA TE DESCRIPTION BY PA/PR DRA Wh/ B Y L. M., R. ✓. W. DA TE• J114125 CHECKED BY- GSL SHEET 1 OF I P.• Nand projects 2004 �SS24018 � dwg, SS24018SP. dwg 20 0 10 20 40 im = MFAE[7� SCALE.• I INCH = 20 FEET rN040037 IE) 04 v CO 4/01s%a S :XISTING 2' CONTOUR -XIS TING 10' CONTOUR :XISTING SPOT ELEVATION XISTING UTILITY POLE 'ONCRETE BOUND WITH DRILL HOLE LOCUS MAP NOT TO SCALE GENERAL NO TES.° 1. HOUSE NUMBER: 33 2. ASSESSOR'S INFORMA770N.• MAP 115, PARCEL 149, LOT 12 3. FLOOD ZONE: X (FEMA PANEL 250015 0578 J, 7116114) 4. ZONING DISTRICT.- R-40 5. LOT COVERAGE BY - A. EXISTING STRUCTURES: 1,984 S F./ 12,064 S.F. = 16. 4Z B. EXISTING & PROPOSED STRUCTURES: 2,506 S F./ 12,064 S.F. = 20.89 6. TOPOGRAPHIC INFORMATION COMPILED FROM AN ON THE GROUND SURVEY 7. ELEVATIONS SHOWN ARE BASED ON NORTH AMERICAN VER77CAL DATUM 8. SI TE IS WI THIN ZONE 11 DISTRICT ON iml-A -- I< FOR MI CHAEL & RI TA SERADERIAN #33 SEMINOLE DRI VE YARMOU THPOR T, MA Scole: 1 "=20' Date: MARCH 14, 2025 #Marwick & 4ssociates Inc. 63 County Road Box 801 North Falmouth Mass 02556 (508) 563 - 7777