HomeMy WebLinkAbout07-22-21 Decision 4907 - 5 Water StFILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
September 9, 2021
4907
July 22, 2021
William Lento and Lina Lento
PROPERTY: 5 Water Street, West Yarmouth, MA
Map 22, Parcel 400; Zoning District: R-25
Title: Book 33966, Page 30
YARMOU�F TOWN CLERK
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MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman; Sean Igoe, Dick Martin, Jay Fraprie,
and Tom Baron.
It appearing that notice of the hearing has been given by sending notice to the Petitioners and all of those owners
of property deemed to be affected thereby, and to the public by posting notice of the hearing and published in The
Register, the hearing was opened and held on the date stated above.
The Petitioners, William Lento and Lina Lento, were well represented by Attorney Paul Tardi£ The Petitioners
seek two forms of relief, a Variance to allow a shed in excess of 150 feet and a Special Permit to allow for the
positioning of the shed within the side and rear setbacks. The relief is sought in connection with their property
located at 5 Water St., West Yarmouth, MA; the property is located in R-25 Zoning District.
The Board had several letters from abutting/interested persons in favor of the relief sought. These included
correspondence from Steven Davis, Patricia Monahan, Brian Serpone and Alexa Nickandros. No new exhibits
were received. One of the submitted pictures depicted a structure to the rear of the shed which all Board
members agreed should be removed if any relief was to be granted. Overall, the Board was concerned with the
size of the shed and that it was in too close proximity to the side and rear property lines. A motion was made by
Mr. Martin, seconded by Mr. Fraprie to deny the request for a variance. It was generally felt that the petitioners
had failed to establish anything sufficient to consider a grant for a variance. The Board was 4-1 (Mr. Baron
being opposed to the motion) in its agreement that the variance request should be denied.
Moving along to consideration of the Special Permits requested by the Petitioners, the Board acted on two
separate requests with a motion made by Mr. Igoe, seconded by Mr. Martin to grant a Special Permit relating to
the size and location of the structure without conditions. After much discussion including whether or not the
Petitioners met the requirements for the grant of a Special Permit, this motion proceeded to a vote with all
members being opposed to the grant, and the Special Permit was therefore denied. A 2nd motion was made on
the request for the Special Permit with the conditions that the Petitioner is to remove the metal shed already on
the property and the covered storage shed to the rear of the new structure with more suitable, shed- like double
doors to be added to the new structure. Again, after substantial Board discussion as to whether or not the
Petitioners had met their burden, the matter proceeded to a vote with Mr. Baron, Mr. DeYoung and Mr. Martin
voting in favor and Mr. Igoe and Mr. Fraprie being opposed. Special Permit was therefore denied.
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)
(EDe
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 #4907 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. Maslowski