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Home My WebLink AboutBOA #5209 Dot: 1S539s333 02-27-2026 11 :18 °irk :zgiti I n f=J N CLERKRE_ BARNSTABLE LAND COURT REGISTRY - '4 : 5 r': ' 4k f 4N. TOWN OF YARMOUTH , .4a: o j�� ; BOARD OF APPEALS 0 1' DECISION FEB 2 7 2026 1 FILED WITH TOWN CLERK: February 2,2026 1 PETITION NO: 5209 HEARING DATE: January 8, 2026 PETITIONER& PROPERTY OWNER: Vitaly Bulgakov and Marina Bulgakova PROPERTY LOCATION: 177 Seaview Avenue, South Yarmouth, MA Map 19, Parcel 36 Zoning District: R-25 Document#1257077 Certificate of Title#204800 Land Court Lot#92, Plan#11622-A3 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe,Dick Martin,John Mantoni, Barbara Murphy, and Tim Scanlan Notice of the hearing was 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 was held on the date stated above. The petitioner is Vitaly Bulgakov and Marina Bulgakova, who seeks relief in connection with property at 177 Seaview Avenue, South Yarmouth, MA. The property contains—6,534 square feet of area and is located in the R-25 zoning district and a flood zone. The petitioner seeks a Special Permit and/or Variance for increase in height of a preexisting nonconforming structure and/or for side setback relief to construct a second-floor addition. At the hearing, the petitioner was represented by Morel Orta, the project architect. Mr. Orta testified that a structural analysis of the property showed a cracking foundation. Because the foundation repairs involve 50%or more of the total perimeter of the structure's foundation, it is classified as a"substantial repair"and the entire structure must be brought into compliance with current floodplain standards, which includes elevating the foundation. The preexisting, nonconforming structure requires side setback relief for the increase in height. A TRUE COPY ATTEST. /GMC/TOWN CLERK FEB 2 6 2026 Prior to the hearing, the Board received correspondence from abutters: one letter of support and one letter with concerns. At the hearing, one abutter had concerns about the structural integrity of a retaining wall, which is not under the purview of the Zoning Board of Appeals. The Board agreed that the petitioner had met the criteria of the bylaw and that no undue nuisance, hazard or congestion will be created and that there will be no substantial harm to the established or future character of the neighborhood or town. A motion was made by Mr. Mantoni and seconded by Mr. Martin to approve the Special Permit, as requested. The members voted as follows: Mr. Martin: AYE; Mr. Mantoni: AYE; Ms. Murphy: AYE; Mr. Scanlan: NAY; Chairman Igoe: AYE. The motion was voted 4-1 in favor. Therefore, the Special Permit was granted. A motion was made by Mr. Mantoni and seconded by Mr. Martin to allow the petitioner to withdraw the request for Variance, without prejudice. The members voted as follows: Mr. Martin: AYE; Mr. Mantoni: AYE; Ms. Murphy: AYE; Mr. Scanlan: AYE; Chairman Igoe: AYE. The motion was voted 5-0 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) .-Y-. Sean Igoe, Chairman 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#5209 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. &tit-63'Akalit114 Mary A. Maslowski, MMC, CMMC FEB 2 6 2026 A TRUE COPY ATTEST l'Itlj .A4.410,444 CMMC C I TOWN CLERK FEB 2 6 2026 1 -'R 1 '4 lid COMMONWEALTH OF MASSACHUSETTS , _ K C,. TOWN OF YARMOUTH _'. , �,'), 4` BOARD OF APPEALS COR�'ORATED fib. Petition#: 5209 Date: February 23,2026 Certificate of Granting 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: Vitaly Bulgakov and Marina Bulgakova Affecting the rights of the owner with respect to land or buildings at: 177 Seaview Avenue, South Yarmouth, MA; Map 19, Parcel 36; Zoning District: R-25; Document#1257077; Certificate of Title#204800; Land Court Lot#92, Plan#11622-A3 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. \ ----,___IS Sean Igoe, Chairman A TRUE COPY ATTEST: Ttedhe BARNSTABLE REGISTRY OF DEEDS ONO/CMC/TOWN CLERK John F. Meade, Register FEB 2 6 2026