10-14-21 Decision 4919 - 583A Forest Rd0.21N0V3Pm2_":U3e RrC
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
November 3, 2021
4919
October 14, 2021
Nikolay Petrov Danov
PROPERTY: 583 Forest Road, Unit A, West Yarmouth, MA
Map 86, Parcel 14.C1
Zoning District: B3
Title: Book 33370, Page 308
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Richard
Martin, Jay Fraprie and Tom Baron.
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
Register, the hearing opened and held on the date stated above.
The Petitioner is Nikolay Petrov Danov who seeks relief in connection with property located at
583 Forest Rd., Unit A, West Yarmouth, MA, which lies in a B-3 Zoning District. The relief
sought is pursuant to the provisions of By -Law §202.5 and relating to Use E-18 of such table.
Specifically, the Applicant seeks to engage in a small wood coating operation at the location. He
explained that his business was limited to the coating of products and that no construction would
occur at the location. As the property does lie within the Aquafer Protection District (APD), the
Petitioner properly sought input from the Board of Health. Carl Lawson, Jr., Hazardous Waste
Inspector for the Town, provided a memorandum concerning the intention and limitations in use
of the property by the Petitioner. Within the Memorandum, Mr. Lawson indicates certain
limitations which are to be implemented and followed by the Petitioner in the operation of his
proposed business. These are set forth within the sections: Regulatory Items, Toxic or Hazardous
Materials Delivery, Toxic or Hazardous Materials Handling and Storage, Toxic or Hazardous
Materials Use, Equipment Cleaning and Toxic or Hazardous Materials Disposal (Page 1 through
Page 3 of the Memorandum).
The Board felt that it should accept the recommendations as well presented by Mr. Lawson
within his Memorandum. Accordingly, a Motion was made by Mr. Baron, seconded by Mr.
Fraprie to grant the Special Permit subject to the conditions as set forth within the Memorandum
of Mr. Lawson dated October 14, 2021 and as referenced above. The Board concurred that there
was no undue nuisance, hazard nor congestion which would result from the relief, if granted, and
A TRUE COPY ATTEST:
that the Board of Health made specific recommendations, incorporated into this Special Permit to
protect the APD, and that the grant of the requested relief would cause no detriment or
substantial harm to the present or future character of the neighborhood or Town. Upon this
motion, so seconded, the Board voted unanimously in favor, and the Special Permit was
therefore, granted.
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 #4919 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
NOV 3 0 2021
A TRUE COPY ATTEST.
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NOV 3 0 2021
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 4919 Date: November 24, 2021
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:
Nikolay Petrov Danov
583 Forest Road, Unit A
West Yarmouth, MA 02673
Affecting the rights of the owner with respect to land or buildings at: 583 Forest Road, Unit A, West
Yarmouth, MA; Map & lot#: 86.14.C1; Zoning District: B-3; Book/Page: 33370/308 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.
Steven S. DeYoung, Chairman
A TRUE COPY ATTEST:
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NOY 3 0 2021