4973 219 Pleasant St Letter of Opposition 2Town of Yarmouth, MA
Zoning Board of Appeals
08/25/2022 Hearing RECEIVED
Regarding: Petition for Variance #4973
James and Mora Modisette, 219 Pleasant Street,South Yarmouth, MA AUG 24 2022
Submitted by: YARMOUTH
Earl V. & Nancy K. Atchue
BOARD OF APPEALS
41 Aunt Janes Road
Bass River, MA 02664
Background: It was approximately 35 years ago when vacationing at the Riviera Beach Hotel with our then 2 year old son
that we accidently discovered River Street,Windmill Beach, Pleasant Street and the whole of the Bass River neighborhood
and the historic homes of the Old Main Street neighborhood. I remarked to my wife at that time; 'someday I would love
to have a home in this neighborhood'. We have resided (summer residents) at 41 Aunt Janes Road for approximately 15
years. We plan to make our full time,year-round residence within the next year or so, post retirement.
Our property fronts on Aunt Janes Road directly across the street from the side line lot of 219 Pleasant Street.
Aunt Janes Road is a very narrow(approximately 18'wide), bucolic, tree lined, quiet, peaceful, pedestrian friendly, dead-
end road. (Pictures enclosed).
The intersecting Pleasant Street is pedestrian friendly and is actively used by walkers, joggers, bicyclists, dog walkers,
young and old alike.
1. Board required to err on side of caution when reviewing and granting a Variance as it, by the nature of the
word allows one to Vary from the Zoning restrictions
2. The petitioner must demonstrate need based upon a four- prong petition;
a) Owing to circumstances relating to the s oil conditions, shape or topography of such land and
especially affecting such land, but affecting generally the zoning district in which it is located.
b) A literal enforcement of the provisions of the ordinance or by-law would involve substantial
hardship, financial or otherwise to the petitioner or appellant
c) That the desired relief may be granted without substantial detriment to the public good, and,
d) Without nullifying or, substantially derogating from the intent or purpose of such ordinance or
by-law
Failure to meet the requirements of any one of the four prongs, independent of any other of the four,
results in a rejection of that petition
3. Heavy Burden on Petitioner—the Board, based on past similar request for such buildings and those denials,
knows to err on side of caution when reviewing and granting a Variance as it, by the nature of the word
allows one to Vary from the Zoning restrictions
4. The Application indicates a request for a variance from the FRONT SETBACK RELIEF. This appears to be an
incorrectly submitted application and, on its face, should be dismissed.
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