HomeMy WebLinkAbout04-29-22 ZBA Decision 4943 - 82 Harbor RoadTOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: April 29, 2022
PETITION NO: 4943
HEARING DATE: March 24, 2022
PETITIONER: Adriana Parianos
PROPERTY: Map 21, Lot 10,
82 Harbor Rd. West Yarmouth, MA
Zoning District: R-25
Book 152 Page 68
Certificate 220819
Land Court Lot 43
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Richard Martin, Jay Fraprie, and
Megan Horner.
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 seeks a Variance pursuant to section 203.5 of the Bylaw and in the alternative, a
Special Permit to allow a 14 x 14 Shade Pergola to be built within the 1 foot of the sideline setback
and 16.4 feet off the rear setback. The property is located in a R-25 zoning district. The Petitioner
was required and received administrative approval from the Yarmouth Conservation Comrnission
due to it being within 100 feet of a wetland.
The property is abutted by conservation land along the rear property boundary, as well as the south
facing side boundary where the Pergola would be located so there would never be a detrimental
impact to any neighbor.
Board members discussed whether there was an alternative location for the Pergola that could be
placed further off the property line however, after hearing testimony from the Petitioner it was
determined that the proposed location was the most feasible.
Accordingly, a motion was made by Mr. Martin, seconded by Mr. Fraprie, to grant the Variance.
The members voted unanimously in favor of the motion.
A second motion was made by Mr. Martin to allow the Petitioner to withdraw her request for a
Special Permit without prejudice. The motion was seconded by Mr. Fraprie and the Board voted
unanimously in favor of the motion.
No permit shall issue until 20 days from the fling 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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CERTIFICATION OF TOWN CLERK
9:11 RiC.
1, 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. #4943 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