HomeMy WebLinkAbout5088 47 Bayberry Rd Decision Recordedek 36283 Pm201 �11293
03--28-2024 hi 09:53a
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
PROPERTY LOCATION:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
March 5, 2024
5088
February 22, 2024
Konstantin Aleksandrov
Christian P. Preus and Elizabeth P. Preus
47 Bayberry Road, West Yarmouth, MA
Map 22, Parcel 237
Zoning District: R-25
Title: Book 31262, Page 340
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MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Jay Frapric, John Manton,
Dick Neitz, and Barbara Murphy
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 Konstantin Aleksandrov, who does business as Kreative Barns Inc. The petitioner
seeks a Special Permit and/or Variance for side setback relief at property located at 47 Bayberry
Road, West Yarmouth, Massachusetts. This property is located in an R-25 zoning district.
Mr. Nemanja Zurkovic (also of Kreative Barns Inc.) represented the petitioner who could not attend
the hearing. Mr. Zurkovic explained that the proposal is to remove/replace the existing deck within
the same footprint and rotate the deck's staircase southwesterly toward the front of the property
which faces Bayberry Road. The side setback requirement for this zoning district is 15 feet. The
proposed configuration of the staircase would be 3' 11" too close to the southeasterly side.
The proposed staircase would not be longer than the existing staircase and would not require any
trees to be removed in order to accommodate this proposed configuration. Mr. Zurkovic stated that
the proposed staircase would be more practical with easier access to the deck, parking, and the street.
Mr. Zurkovic noted that the property owners also own four adjacent lots: 39 & 43 Bayberry Road
(22.238 & 22.239); and 2 & 6 Winchester Avenue. (22.240, 22.241).
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While a new nonconformity would be introduced, the house is already nonconforming on the
northwesterly side setback, so the Board determined to proceed under a Special Permit.
A motion was made by Mr. Mantoni, which was seconded by Mr. Neitz, to grant the Special Permit
On a voice vote (5-0), the Special Permit was approved.
At the request of the petitioner, the Board voted on a motion made by Mr. Neitz, seconded by Mr
Manton, to allow the withdrawal of the Variance without prejudice. The members voted
unanimously in favor of the motion.
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, Vice Chair
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 #5088 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.
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Mary A. Maslowski, CMC
LIAR 2 7 2024
ATTEST.
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