HomeMy WebLinkAbout02-27-20 Decision 4843-9 Sachem Path
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: March 9, 2020
PETITION NO. #4843
HEARING DATE: February 27, 2020
PETITIONER: Richard M. Densman
PROPERTY: 9 Sachem Path, West Yarmouth, MA
Map & Lot#: 0023.247; Zoning District: R-25
Book/Page: 30751/0002
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Thomas
Nickinello, Doug Campbell and Tim Kelley.
It appearing that notice of said hearing has been given by sending notice thereof to the Petitioner
and all those owners of property deemed by the Board 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 are Richard M. Densman and Lisa P. Densman who each appeared and did a fine
job of presenting their Petition seeking a Variance in connection with property located at 9
Sachem Path, West Yarmouth, property in a R-25 Zoning District. The request is to allow for the
construction of a 10’x 15’ shed which will replace an existing 6’x 8’ shed.
No one appeared in opposition and no exhibits were received.
Correspondence in support of the project was received and read into the minutes from Mr.
Gentili and Mr. Speen, abutters to the project.
The property is a corner lot bordering Sachem Path, its front yard, and Crowell Rd. and
Yelverton Ln. to its west. If allowed, the Petitioner intends that it remain behind a stockade
fence enclosure.
The Board felt that the Petitioner could relocate the shed a bit further from the Yelverton Ln.
sideline and the Petitioner agreed. The Board otherwise felt that a Variance was appropriate as
the literal enforcement of the by-laws would result in a substantial hardship to the Petitioners
who need reasonable storage and have little other practical options, that the relief was needed
due to the long, tapered aspect of the lot and that relief could be granted without substantial
detriment to the public good or nullification of the intent and purpose of the by-laws.
Motion was made my Mr. Nickinello, seconded by Mr. Campbell to grant the Variance on the
condition that the shed be no closer than 6’ from the property line adjacent to Yelverton Ln.
Upon this Motion, the Board voted unanimously in favor and the Variance 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,
a Variance shall lapse if the rights authorized herein are not excised within 12 months. (See
MGL c40A §10)
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Steven DeYoung, Chairman