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HomeMy WebLinkAbout5014 3 Andrina Rd Decision RecordedFILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: TOWN OF-YARMOUTH BOARD OF APPEALS DECISION May 15, 2023 5014 April 27, 2023 '22MAYI'50m3 16 "' Bk 35844 P9 126 �2403k � 06-15-2023 & 02 z 5ap Drnitry and Marina Berdichevsky PROPERTY: 3 Andrina Road, West Yarmouth, MA Map 17, Parcel 45 Zoning District: R-25 Title: Book 27551, Page 92 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Dick Martin, Jay Fraprie, John Manton! and Sean Igoe 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 Petitioners are Dmitry and Marina Berdichevsky who seek relief concerning property located at 3 Andrina Road, West Yarmouth, Massachusetts which property is in a zoning district R 25. Specifically, the parties seek relief either by way of Special Permit or Variance for rear and side setbacks, so as to add a second story to an existing dwelling, while also increasing the size of a deck. Noteworthy is that the Town of Yarmouth Conservation Commission provided a memo dated 4/18/2023 which indicated that, subject to an Order of Conditions, the project was approved. Except for the petitioner and his representative, Ed Stafford, no one spoke in favor or against the proposed construction. No exhibits were received at the hearing. Except for increasing the size of the deck, which was considered by the Conservation Commission, the second story will be contained within the existing footprint. The home is pre-existing non- conforming. The completed project will increase lot coverage from 15.6% to 15.8%. Nothing in the rear north side setback, which is presently not in conformity, will be changed. The Board agreed that the new structure, when completed, will be tasteful and appropriate for the neighborhood. There will be no undue burden on the present or future character of the neighborhood or town, by granting the relief sought by the petitioners. A TRUE COPY ATTEST CMI #''v 4tIViC 11'0" C;L'- K ,z�'. JUN n 5 2023 Bk 35844 Pg127 #24014 The Board considered which form of relief would be appropriate and determined a Special Permit would be satisfactory. After much discussion, the Board felt that a grant of a Special Permit would not result in any undue hazard, nuisance or congestion to the neighborhood. Accordingly, a motion was made by Mr. Martin, and seconded by Mr. Mantoni. On a roll call vote, the Special Permit was granted by a vote of 5 in favor, and none opposed on the condition that such approval was subject to any statement of conditions, determined by the Conservation Commission. In a motion made by Mr. Martin, and seconded by Mr. Fraprie, the Board accepted the request made by the petitioner's representative to withdraw so much of the petition is related to a request for a Variance, such withdrawal to be without prejudice. The Board voted unanimously in favor of the withdrawal of the request for Variance, 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 c4OA 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) 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 fling with me of the above Board of Appeals Decision #5014 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. Aslowski JUN -- 5 2023 A TRUE COPY ATTEST Y)��a &�41 4�a / rUVVN crw;-f:K JUN 0 5 2023