HomeMy WebLinkAbout5175 1 Wildflower Ln Decision Certified 05.13.25ARMOUTH TOWN CLERK RE
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER &
PROPERTY OWNER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
May 13, 2025
5175
May 8, 2025
Mary Jane Zimmer, Trustee of
The Mary Jane Zimmer Living Trust
5360 Harbor Village Drive, Apt. 103
Vero Beach, FL 32967-7298
PROPERTY: 1 Wildflower Lane, Yarmouth Port, MA
Map 142, Parcel 9.0 1 L
Zoning District: R-40
Document #1486567
Certificate #C240-IL
Land Court Lot #Unit 1L, Plan #34279-L
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Jay Fraprie, Dick Martin,
John Mantoni and Barbara Murphy
Notice of the hearing was 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 was held on the date stated above.
The petitioner is Mary Jane Zimmer, Trustee of The Mary Jane Zimmer Living Trust, with
property located at 1 Wildflower Lane, Yarmouth Port, MA, within the R-40 zoning district. This
property is part of the condominium complex which is subject to Variance #1321 which was
entered by decision dated May 15, 1975. In the alternative, the petitioner seeks a Variance under
bylaw section 203.5 for setback relief to build a deck to the rear of her condominium unit.
The petitioner wishes to replace the existing 12' x 12' patio with a 16' x 16' deck at the rear
entrance to her condominium unit, enhancing the ability to enter and exit the condominium. A
photo of the existing patio was provided. The proposed deck has received the approval of the
condominium association and is consistent with other decks in the condominium complex.
Because the condominium unit is located on a corner lot (with two fronts and two sides), the
petitioner requires front and side setback relief. The side setback (rear of the property) abuts the
golf course within the condominium complex.
A TRUE COPY ATTEST
COM I CMC 1 TOWN CLERK
JUN -- 4 2025
No parties spoke in support or in opposition to the petition.
The Board agreed that a literal enforcement of the bylaw would involve a substantial hardship
which is owing to circumstances relating to the shape of the lot; and a grant of a new Variance
would not substantially derogate from the intent or purpose of the bylaw. The relief sought is
modest and the deck increases the safety of using the rear entrance to the unit.
Accordingly, a motion was made by Mr. Martin, seconded by Mr. Mantoni, and voted 5-0 in favor,
to grant a new Variance to allow for the construction of the petitioner's 16' x 16' deck. The
members voted as follows: Mr. Martin -Aye; Mr. Fraprie-Aye; Mr. Mantoni-Aye; Ms. Murphy -
Aye; and Chairman Igoe -Aye. The new Variance is, therefore, granted.
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, a
Variance shall lapse if the rights authorized herein are not exercised within 12 months. (See MGL
c40A § 10)
Sean Igoe, Chairman
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 #5175 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, CMMC, CMC
JUN - 4 2525
A TRUE COPY ATTEST
-COWf CM / TOWN CLERK
JUN - 4 2025
YAK COMMONWEALTH OF MASSACHUSETTS
f� TOWN OF YARMOUTH
C , BOARD OF APPEALS
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Petition #: 5175 Date: June 3, 2025
Certificate of Granting of a Variance
(General Laws Chapter 40A, Section 10)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been
granted to:
PETITIONER & PROPERTY OWNER:
Mary Jane Zimmer, Trustee of The Mary Jane Zimmer Living Trust
5360 Harbor Village Drive, Apt. 103
Vero Beach, FL 32967-7298
Affecting the rights of the owner with respect to land or buildings at: 1 Wildflower Lane, Yarmouth Port,
MA; Map 142, Parcel 9.C1L; Zoning District: R-40; Document #1486567; Certificate #C240-1L; Land
Court Lot #Unit 1L, Plan #34279-L and the said Board of Appeals further certifies that the decision attached
hereto is a true and correct copy of its decision granting said Variance, and copies of said decision, and of all
plans referred to in the decision, have been filed.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A,
Section 11 (last paragraph) and Section 13, provides that no Variance, or any extension, modification or
renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that
twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal
has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the
Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under
the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such
recording or registering shall be paid by the owner or applicant.
Sean Igoe, Chairman