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_ Q TOWN OF YARMOUTH
C BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: October 11, 2023
PETITION NO: 5053
HEARING DATE: September 28, 2023
PETITIONER: Matthew and Palmina Marino
PROPERTY: 21 Lewis Bay Road, West Yarmouth, MA
Map & Lot #: 17.63
Zoning District: R-25
Title: Book 27514, Page 56
t-C1 11 P?43:26 C
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Jay Fraprie, John Mantoni,
Barbara Murphy, and Anthony Panebianco
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 petitioners are Matthew and Palming Marino who bring this petition concerning property
located at 21 Lewis Bay Road, West Yarmouth, Massachusetts, which property being in an R-25
zoning district. The petitioners seek to raze/replace a preexisting nonconforming structure and
are requesting relief for side setback and maximum building coverage.
Mr. Marino presented the project to the Board. The lot is —6,600 square feet. The existing home
is —900 square feet and the existing building coverage is 15.4%. The proposed home is 2,900
square feet and the proposed building coverage is 28.9%, essentially doubling the building
coverage and exceeding the maximum of 25%.
The proposed height of the home is 34.5 feet, nearing the height limitation of 35 feet. Board
Members agreed that the outdoor roof deck should have been included in the height calculation.
An exhibit received at the hearing included 9 abutters in favor of Mr. Marino's proposal.
However, subsequent to signing their names in approval, 6 of those abutters wrote letters of
opposition, and 3 of those abutters also appeared at the hearing to speak in opposition to the
petition.
While the Board encourages homeowners to improve their property, the Board's general
consensus was that the scale of the home must be more in keeping with the neighborhood.
At the request of the petitioner, the Board voted on a motion made by Mr. Fraprie, seconded by
Mr. Mantoni, to allow the withdrawal of the Special Permit, without prejudice. On a voice vote
(5-0), the request to withdraw the Special Permit, without prejudice, was approved.
At the request of the petitioner, the Board voted on a motion made by Mr. Fraprie, seconded by
Mr. Panebianco, to allow the withdrawal of the Variance relief, without prejudice. On a voice
vote (5-0), the request to withdraw the Variance relief, without prejudice, was approved.
Sean Igoe, Vice Chair