HomeMy WebLinkAbout4978 8 Hasting Ave Decision RecordedBtu 35504 Ps 192 _-SIPS a0aa
11-25-2022 a 0393!5p
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
October 18, 2022
4978
September 8, 2022
James and Liudmila Czarnecki
PROPERTY: 8 Hasting Avenue, West Yarmouth, MA
Map 66, Parcel 57
Zoning District: R-40
Title: Book 30694, Page 76
Land Court Lot #45
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Jay
Fraprie and John Mantoni.
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 petitioners are James and Liudmila Czarnecki of 8 Hasting Avenue, West Yarmouth, MA
which property is in a R-40 zoning district. The applicant seeks either a Special Permit and/or a
Variance to construct an addition in required rear setback on a pre-existing non -conforming lot.
The petitioner represents that the current layout is not practical for a family with two children.
The addition would include a family room, a study area, and a place for children's toys. The
proposed addition would conform to the neighborhood, and the entry into the L-shaped addition
would be from the main house.
The rear setback requires 20 feet. While this Board is reluctant to make a property more non-
conforming, the large, wooded lot behind the petitioners' property is Town -owned land. Because
of the lot's location, there would be no development behind the petitioners' property.
The petitioners have explored other options, but those options would face the neighbors and
would lose privacy. The house sits at an angle on the lot. The odd shape of the lot and the
location of the existing septic system creates a hardship and meets the criteria f� `Variance.
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TRUE COPY ATTEST:
FA O I CM0 MrOWN CLERK
NOV 15 2022
Bk 35504 Pg193 #58088
Mr. Fraprie moved to grant the Variance as requested, and Mr. Mantoni seconded this motion
which passed on a roll call vote of 4-0. The petitioner asked that the requested relief of a Special
Permit be withdrawn, without prejudice and a motion was so made by Mr. Igoe and seconded by
Mr. Fraprie and upon this motion and by roll call vote the Board voted unanimously in favor and,
so therefore, the Special Permit request was allowed to be 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)
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Steven DeYoung, 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 #4978 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.
FUdA4a'f
- b le. Mary A. Maslowski
NOV 1 5.2022
A TRUE COPY -ATTEST:
cm. C / CIJC / TUA N CLERK
NOV- 15 2022