HomeMy WebLinkAbout5176 94 Pleasant St Decision Certified 06.11.25ARHOUTH 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
June 11, 2025
5176
May 22, 2025
Maria Marasco, Trustee of the Rose Marie Marasco
Living Trust
PROPERTY: 94 Pleasant Street, South Yarmouth, MA
Map & Lot #: 51.69
Zoning District: RS-40
Document #1341029, Certificate #210456
Land Court Lot #13870-B, Lot 2
Plan #13870-B, Lot 2
MEMBERS PRESENT AND VOTING: Acting Chairman Jay Fraprie, Dick Martin, John
Mantoni, 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 Maria Marasco, who appeared in connection with the property located at 94
Pleasant Street, South Yarmouth, Massachusetts, which property is located in an RS-40 zoning
district. The lot contains—36,215 square feet of area.
The petitioner seeks to appeal the decision of the Building Commissioner to not act on request
for enforcement action at 40 Crosby Street Extension, an abutting property. At the hearing, Ms.
Marasco stated that she is an attorney, and at one time, was employed by the Commonwealth of
Massachusetts to review regulations. Ms. Marasco testified that the appeal is not about the use of
the pole (as an osprey nest) at 40 Crosby Street Extension, but about the pole, the definition of a
pole, and its proximity to the property located at 94 Pleasant Street.
The original pole was installed in 1998, broke and fell, and was replaced with a new pole in
2024. Acting Chainnan Fraprie read into the record a memo, dated April 29, 2025, from
Building Commissioner Mark Grylls. In the memo, Mr. Grylls stated: "...it does not appear that
any of these concerns are enforceable... The utility pole does not appear to grneet the definition of
a structure in the Yarmouth Zoning Bylaw."
A TRUE COPY ATTEST.
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At the hearing, the petitioner submitted an exhibit with additional photos of the pole. Two
abutters spoke in support of the petition with their concerns about the pole. The Board also
received letters of opposition from four abutters, including: 1) a letter from the attorney
representing the neighbors residing at 40 Crosby Street Extension; and 2) a letter from the
petitioner's brother, which stated, among other things, that the property located at 94 Pleasant
Street is owned by two trusts, with the Honorable Joseph J. Reardon (Ret'd) listed as the Trustee
of the Patrick V. Marasco Revocable Trust.
As to the merits of the petition, the petitioner's reference to "fall zones" in the Yarmouth Zoning
Bylaw (Section 408.7.8) is specific to communications towers; not utility poles. The Board also
agreed that the Building Commissioner does not have enforcement authority over the pole
because the pole does not meet the definition of a structure in the Yarmouth Zoning Bylaw. in
fact, poles are specifically excluded from the regulations in the Table of Dimensional
Requirements (Table 203.5, Footnote D 1) in the Yarmouth Zoning Bylaw.
Accordingly, a motion was made by Mr. Martin and seconded by Mr. Mantoni to uphold the
decision of the Building Commissioner to not act on request for enforcement action at 40 Crosby
Street Extension. The members voted as follows: Mr. Martin: AYE; Mr. Mantoni: AYE; Ms.
Murphy: AYE; Acting Chairman Fraprie: AYE. The motion was voted 4-0 in favor. Therefore,
the decision of the Building Commissioner was upheld.
Jay Fraprie, Acting Chairman
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I, 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 #5176 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
JUL - 2 2025
A TRUE CUPY ATTEST
! CMC I TOWN CLERK
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