HomeMy WebLinkAbout5191 40 Pleasant St Memo to File TC 10.15.25MMOUTH TOWN CLERK RE
OCT 15 °25 m8:38
TOWN OF YARMOUTH
BOARD OF APPEALS
MEMORANDUM TO FILE
PETITION 5191
October 15, 2025
MEMBERS SITTING (September 11, 2025 hearing): Chairman Sean Igoe, Dick Martin, John Mantoni,
Barbara Murphy, and Tim Scanlan.
PETITION 5191: 40 Pleasant Street, LLC. Property Location: 40 Pleasant Street, South Yarmouth,
MA. Map & Lot #: 61.97; Zoning District: RS-40. The Applicant seeks a Variance from §203.5 for front
setback relief to construct an 8' x 10' shed.
The Petitioner is seeking a Variance from §203.5 for front setback relief to construct an S' x 10' shed. The
Property is located in the RS-40 Zoning District and contains approximately 18,731 square feet of area.
The Certified Site Plan, dated August 5, 2025, does not identify the Petitioner's stockade fence. The Petitioner
was cautioned that the fence is not on his property, but in the Town layout. The Board received two letters of
support for the petition. At the hearing, the Board received additional photos and shed details from the
Petitioner. The shed has not yet been constructed.
The Petitioner's property has two fronts: Pleasant Street and Town Landing (Town Way to Water). The
Petitioner considered the shed's proposed placement, 5.4 feet from Town Landing, as the more aesthetically
pleasing location. However, the Board agreed that the shed's proposed placement was too close to the street
and the aesthetics of the shed's location are not the criteria for granting a Variance. The requested relief can be
granted only in cases where the Board of Appeals finds all of the following:
1. Literal enforcement of the provisions of this bylaw would involve a substantial hardship, financial or
otherwise, to the Petitioner or appellant.
2. The hardship is owing to circumstances relating to the soil conditions, shape or topography of such land or
structures and especially affecting such land or structures, but not affecting generally the zoning district in
which it is located.
3. Desirable relief may be granted without either: substantial detriment to the public good; or nullifying or
substantially derogating from the intent or purpose of this bylaw.
The Board found that the Petitioner failed to demonstrate that he had met the criteria for a Variance. The
Petitioner can comply with the bylaw by configuring the shed dimensions differently and,'or placing the shed in
another location on the property. A motion was made by Mr. Scanlan and seconded by Mr. Mantoni to allow the
petitioner to withdraw the request for a Variance without prejudice. The members voted as follows: Mr. Martin:
AYE; Mr. Mantoni: AYE: Ms. Murphy: AYE; Mr. Scanlan: AYE; Chairman Igoe: AYE. The motion was voted
5-0 in favor. Therefore, the request for a Variance was withdrawn without prejudice.
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Sean Igoe, Chairman