HomeMy WebLinkAbout5001 36 Appleby Rd Decision TC 02.24.23YPRMOUTH TOWN C ERK
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
February 24, 2023
5001
February 9, 2023
Lelivone M. Ferreira
PROPERTY: 36 Appleby Road, West Yarmouth, MA
Map 32, Parcel 143
Zoning District: R-25
Title: Book 21584, Page 112
Land Court Lot #8
Plan: Book 71, Page 117
MEMBERS PRESENT AND VOTING: Steven DeYoung, Doug Campbell, John Mantoni,
Jay Fraprie and Sean Igoe.
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 is Lehvone Ferreira who did a fine job of representing herself in seeking alternative
relief for her property located at 36 Appleby Road, West Yarmouth, Massachusetts. This property
is located in an R-25 zoning district. The petitioner seeks either the grant of a Special Permit
pursuant to bylaw §104.3.2 (2) or a Variance pursuant to §203.5 for front setback relief. The site
has a newly constructed, L-shaped deck located in the side area of the house which faces
Pinewood Road. This property is on a corner lot and its true frontage is on Appleby Road. The
deck replaced an existing deck and is on the same footprint except that a staircase has been
moved.
The Board has historically considered relief on a corner lot and what would be otherwise the side
yard if not for the intersecting roads. This deck is essentially built within the side yard though it
faces Pinewood Road. The Board noted that Pinewood Road is a dead end. Further, the Board
found that the relief should be by way of Special Permit and that in this instance it was shown that
there would be no undue hazard nuisance nor congestion caused should relief be granted and that
the deck structure would not be a substantial detriment to the present or future character of the
neighborhood or town.
A motion was made by Mr. Igoe, seconded by Mr. Fraprie to grant the request for a Special
Permit. On this motion made and seconded, a roll call vote was taken with all members voting in
the affirmative in support of the motion. Subsequently, the requested Variance was allowed to be
withdrawn, without prejudice.
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)
Steven DeYoung, Chair
CERTIFICATION OF TOWN CLERK
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 #5001 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