HomeMy WebLinkAbout5189 90 Freeboard Ln Decision TC 09.22.25YRRTIT}UTi{ T{I
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PETITIONER &
PROPERTY OWNER:
FILED WITH TOWN CLERK: September 22,2025
PETITION NO:5189
HEARING DATE:September llr2025
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
Lynda M. Bedard
PROPERTY:90 Freeboard Lane, Yarmouth Port, MA
Map 125, ParcelT2
ZoningDistrict: R-40
Title: Book 29667, Page 298
MEMBERS PRESENT AND VOTING: Chairman Sean lgoe, Dick Martin, John Mantoni,
Barbara Murphy, and Tim Scanlan
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 seeking a Variance from $401 .1.2 to park a 29' x 8' recreational vehicle in front
of the front building line of the lot. The Property is located in the R-40 Zoning District and
contains approximately 11,326 square feet of area.
The Petitioner received a Violation Notice, dated July 21,2025, from Tim Sears, Deputy
Building Commissioner, which included a violation for a recreational vehicle (RV) parked in
front of the front building line of the lot.
Per $401.1.2 of the Yarmouth Zoning Bylaw, because the RV is parked or stored outside of a
garage: ...it shall be parked or stored to the rear of thefront building line of the lot, exceptfor
loading and unloading.
The Board received two letters of opposition and three letters of support. In addition, the
Petitioner submitted signatures from -27 property addresses in support of the petition.
The Petitioner did not provide a Certified Site/Plot Plan, but an unstamped Plot Plan, dated June
16,2016, with additional handwritten notations. There are two driveways on the property: an
existing driveway to the garage and a new paved driveway to the right of the existing driveway.
The Petitioner testified that she is a licensed contractor, but was unaware of the zoningbylaw
regarding RV storage. The Petitioner also testified that she had researched off-site storage for
the RV prior to installing the new paved driveway. The Petitioner considered the new driveway
the more aesthetically pleasing and the most convenient location for storage of the RV.
However, lacking awareness of the zoningbylaw or preferences regarding the aesthetics and
convenience of RV storage 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:
l. 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 derogatingfrom the intent or purpose of this bylaw.
The Board found that the Petitioner failed to demonstrate that she had met the criteria for a
Variance. The hardship was self-created and the Petitioner can comply with the bylaw by storing
the RV in another location on the property.
A motion was made by Mr. Scanlan and seconded by Mr. Mantoni to deny the petition. 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 petition
was denied.
Sean Igoe, Chairman
CERTIFICATION OF TOWN CLERK
I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certifo that20 days have
elapsed since the filing with me of the above Board of Appeals Decision #5189 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, MMC, CMMC