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Home My WebLink About5181 40 Lorena Rd Decision Recorded4'ARMUU H TOWN CLERK RE r Sk 37153 Ps 173 JL34639 JUL 2$'2SAMI�.:�i5 gas-2tri--2U�5 � 11 = 19rx Y. TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: July 28, 2025 PETITION NO: 5181 HEARING DATE: July 10, 2025 PETITIONER: Mary Jane Yeomans PROPERTY OWNER: Marilyn A. Brown and Frank Southworth PROPERTY LOCATION: 40 Lorena Road, West Yarmouth, MA Map 17, Parcel 47 Zoning District: R-25 Title: Book 28440, Page 194 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Jay Fraprie, 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 Yeomans, who seeks relief in connection with property at 40 Lorena Road, West Yarmouth, MA. The property contains —6,534 square feet of area and is located in an R-25 zoning district. The petitioner seeks a Special Permit and., -'or a Variance for setback relief to increase deck size and/or a Variance for setback relief to relocate a shed. Subsequent to a previous hearing held on April 24, 2025, the Building Commissioner provided a memo regarding a Site Visit conducted on May 6, 2025. Among other things, the memo stated that a shed and a deck were constructed without the benefit of a permit. The contractors, Mary Jane Yeomans and Stanley Crawford, again appeared at the July 10, 2025 hearing. Prior to the hearing, the Board received five (5) letters of support for the petition. No new exhibits were received at the hearing. First, the Board discussed the request for relief for the shed. Currently, the shed is located approximately 2.1 feet from the property line. The proposal is to move the shed onto the property line. The petitioner testified that the shed cannot be placed over the leachij�g+fie� bUttdid not know who made this determination. It was not clear to the Board why the shed, which An be moved, would have this restriction. A TRUE COP1�iF'B►TTEST: Fkt4�' A(A� I M AM I~$ 2025 The shed is 120 square feet and a deck built in front of the shed is 80 square feet, making the total square footage more than 150 square feet and requiring a Variance. The current location of the shed does not comply with the setbacks and the proposal is to increase the nonconformity. The Board recommended and the petitioner agreed to remove the deck in front of the shed, reducing the total square footage of the shed to less than 150 square feet and allowing the shed to be moved the required six (6) feet from the property line, thus eliminating the need for this portion of the requested relief. The Board then discussed the relief for the other deck which was built along the easterly side of the house and partially wrapping around the back of the house. This other deck is close to the ground and located approximately 9.6 feet from the easterly boundary. However, the Board expressed concerns about any future changes to this deck with the potential to raise the deck above ground level. Accordingly, a motion was made by Mr. Fraprie and seconded by Mr. Martin to grant the Special Permit for the deck with the following condition: 1) Any increase in the height of the deck beyond ground level shall require returning to the Board for further hearing and request for relief. The members voted as follows: Mr. Martin -AYE; Mr. Fraprie-AYE; Mr. Mantoni-AYE; Ms. Murphy -AYE; Chairman Igoe -AYE. The motion was voted 5-0 in favor. Therefore, the Special Permit with the stated condition was approved. A motion was made by Mr. Fraprie and seconded by Mr. Martin to withdraw the request for Variance, without prejudice, for the shed. The members voted as follows: Mr. Martin: AYE; Mr. Fraprie: AYE; Mr. Mantoni: AYE; Ms. Murphy: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in favor. Therefore, the Variance for the shed was withdrawn without prejudice. A motion was made by Mr. Fraprie and seconded by Mr. Martin to withdraw the request for Variance, without prejudice, for the deck. The members voted as follows: Mr. Martin: AYE; Mr. Fraprie: AYE; Mr. Mantoni: AYE; Ms. Murphy: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in favor. Therefore, the Variance for the deck was withdrawn without prejudice. 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, the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw § 103.2.5, MGL c40A §9) Sean Igoe, Chairman 41,. A TRUE U*, ATTI=ST: VJ C ! 1 CMC I ZC�VN CLERK *9 18 2025 YAK COMMONWEALTH OF MASSACHUSETTS � TOWN OF YARMOUTH � BOARD OF APPEALS ,�h'pORATE Petition #: 5181 Date: August 18, 2025 Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: PETITIONER: Mary Jane Yeomans PROPERTY OWNER: Marilyn A. Brown and Frank Southworth Affecting the rights of the owner with respect to land or buildings at: 40 Lorena Road, West Yarmouth, MA; Map 17, Parcel 47; Zoning District: R-25; Title: Book 28440, Page 194 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit, 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 Special Permit, 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 A TRUE COSY A7TES-p M aT� CLERK CERTIFICATION OF TOWN CLERK 1, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 24 days have elapsed since the filing with me of the above Board of Appeals Decision ##5181 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. ywjAe. WA4ffNj4' M M e, Mary A. Maslowski, CMMC, CMC AUG 18 2025 BARNSTABLE REGISTRY OF DEEDS John Fs Meade$ RegW M A TRUE COPY ATTEST C., ml f.?18'.2025 C1. OWN CLERK AUG