HomeMy WebLinkAbout5198 1 Parsonage Point Letter of Oppposition Received at Hearing 10.23.25RECEIVED���8
October 23, 2025
AT HEARING
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Dear Members of the Yarmouth Zoning Board of Appeals:
I am writing as an abutter to 1 Parsonage Point, regarding the application for a variance or special
permit to construct a free-standing staircase within 1 foot of my property line, on a narrow 10-
foot-wide strip of land.
respectfully object to this request for the following reasons:
1. Violation of Yarmouth Zoning Bylaw Setback Requirements
Under Yarmouth Zoning Bylaw §203.5, rear and side yard setbacks for small structures in
residential districts are generally 20 feet, except for minor accessory structures under 150 sq. ft.,
which require at least 6 feet. A free-standing staircase is considered a structure and does not qualify
for the reduced setback exemption. Placing a staircase 1 foot from my lot line, on a 10-foot-wide strip
of land between two large lots, is a clear violation of this requirement.
2. Lack of Hardship as Required by M.G.L. c. 40A, §10
Massachusetts law allows a variance only when strict application of the bylaw would cause
substantial hardship owing to soil conditions, shape, or topography of the land —not for
personal convenience or preference. The applicant must also show that granting relief will not nullify
or substantially derogate from the intent of the bylaw. No such hardship exists here; when the
applicant decided to purchase their property decades ago, the Yarmouth zoning setback was 20 feet,
and as now, with no expectation possible to build a structure.
3. Adverse Impact on Protected Interests
The proposed staircase would:
Reduce my privacy and my safety by creating elevated sightlines into my living room,
bedrooms, outdoor shower, and patio. On this narrow strip, visitors may easily trespass onto
my property and make the inhabitants of my house uncomfortable or fearful.
• Increase my risk of noise and disruption by placing an 'attraction' extremely close to my lot
line, which would invite visitors to traverse, drink, smoke, sit and talk on the staircase. Any
future owner of the applicant's house may rent per week or Air BnB their house, creating a
constant stream of visitor foot traffic up and down and on the staircase.
Cause harm to me and to my property's value by substantially altering my enjoyment and
view of the woods and the pond from my living room, three bedrooms, and patio, and reduce
the monetary value of my house by the permanent loss of privacy and relaxation.
• Alter the neighborhood character, contrary to the purpose of the zoning bylaw to maintain
orderly development, by setting a precedent.
These impacts are precisely the type of harm the setback rules are intended to prevent.
4. Precedent and Public Policy
Granting this request would set a precedent for similar encroachments, undermining the integrity of
the zoning bylaw and the public interest in uniform enforcement.
Legal Authority to Object
As an abutter, I am a party in interest under M.G.L. c. 40A, §11 and have the right to notice and to
be heard. If the Board grants this relief, I reserve my right to appeal under M.G.L. c. 40A, §17, which
requires a showing of measurable injury to a protected interest —a standard I can meet based on
the above concerns.
For these reasons, I respectfully urge the Board to deny the application.
Thank you for your consideration.
Sincerely,
Timothy Walsh,
Homeowner and abutter, 7 Parsonage Point