HomeMy WebLinkAbout5085 22 Crowes Purchase Rd Decision Certified 06.24.24ARMQUTH TOWN CLERK RE
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
June 24, 2024
5085
April 11, 2024
Robert and Josephine Siemaszko
22 Crowes Purchase Road, West Yarmouth, MA
Map 23, Parcel 213
Zoning District: R-25
Book 30142, Page 69
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Jay Fraprie, John Mantoni,
Dick Neitz, and Barbara Murphy
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 Robert and Josephine Siemaszko who seeks relief with respect to property
located at 22 Crowes Purchase Road, West Yarmouth, Massachusetts, which property is located
in an R-25 zoning district. The property contains 10,019 square feet of area.
The petitioner had received a violation notice, dated August 14, 2023, from the Deputy Building
Commissioner, regarding the construction of a shed and carport on the property without the
benefit of the required permits.
Subsequently, the petitioner applied for a shed permit on August 24, 2023. At the hearing, the
petitioner provided the permit for the shed which had been constructed behind the carport. The
petitioner testified that the shed had been inspected and approved by the Building Department.
In addition, the petitioner sought a Special Permit and/or Variance for side setback relief to
construct a 12-foot-wide carport on a preexisting, nonconforming lot. The required side setback
in this zoning district is 15 feet. The carport has been constructed 2.8 feet from the side lot line.
The Board received two letters of support prior to the hearing, and received two additional letters
of support at the hearing.
A TRUE COPY ATTEST
C1�. / CMC / TOWN CLEi:K
JUL 17 2024
The Board discussed the criteria for a Special Permit or a Variance, and the consensus was that
the petitioner did not meet the criteria for relief
The petitioner does not qualify for a Special Permit because:
• The carport is not a lawfully preexisting nonconforming structure nor an extension or
alteration of a lawfully preexisting nonconforming structure.
• The carport is a new, standalone structure.
The petitioner does not qualify for a Variance because:
• The hardship to move or remove the carport is self-imposed. The petitioner did not apply
for the required building permit prior to construction.
• The location of the carport is not related to soil conditions, shape or topography of such
land or structures.
• The granting of a Variance would substantially derogate from the intent or purpose of the
zoning bylaw.
A motion was made by Mr. Fraprie and seconded by Mr. Neitz to grant a Special Permit as
requested. On a voice vote (0-5), the motion was denied.
A motion was made by Mr. Fraprie and seconded by Mr. Mantoni to grant a Variance as
requested. On a voice vote (0-5), the motion was denied.
Sean Igoe, Vice 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 #5085 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.
f
Mary A. Maslowski, CMC
JUL 17 2024
A TRUE COPY ATTEST:
l:�+J ''MC 1 `rU1IliN Gi�F�it
JUL 17 2024