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TOWN OF YARMOUTH
BOARD OF APPEALS
MEMORANDUM TO FILE
PETITION 5091
May 7, 2024
MEMBERS SITTING (April 11, 2024 hearing): Vice Chair Sean Igoe, Jay Fraprie, John
Mantoni, Dick Neitz, and Barbara Murphy.
PETITION 5091: (continued from 3!14/24) Jonathan W. Herbert. Property Location: 6
Wellfleet Avenue, West Yarmouth, MA. Map & Lot #: 83.2. Zoning District: R-40 & APD.
The Applicant seeks a Special Permit per § 104.3.2(4) to temporarily move the historic section,
demolish the non -historic section, install a new foundation, and build a new structure retaining
the historic section. The Applicant requests a waiver from the requirement for a certified siteiplot
plan less than two years old.
At the initial hearing on March 14, 2024, the petitioner had sought relief by way of a Special
Permit to temporarily move the historic section, demolish the non -historic section, install a new
foundation, and build a new structure retaining the historic section. In addition, the Applicant
requested a waiver from the requirement for a certified siteiplot plan less than two years old.
The Board requested more information, including: 1) Letter from the Yarmouth Camp Ground
Association with specifics on what they have approved; 2) Site Plan with setbacks from the new
structure to the streets and the nearest neighbors; 3) Total square footage of first floor; 4) Total
square footage of second floor; 5) Dimensions of the rooms (not an Area Summary).
A motion was made by Mr. Fraprie and seconded by Mr. Neitz to approve the request for a
continuance to April 11, 2024. On a voice vote (5-0), the request for a continuance to April 11,
2024, was approved.
On March 29, 2024, the petitioner submitted a letter, requesting to withdraw the petition without
prejudice. Due to monetary considerations, the petitioner will need to redesign the project.
At the April 11, 2024 hearing, a motion was made by Mr. Neitz and seconded by Mr. Mantoni to
approve the request to withdraw the petition without prejudice. The members voted unanimously
5-0) in favor of the motion.
Sean Igoe, Vice Chair