HomeMy WebLinkAbout5211 33 Swift Brook Rd Decision TC 01.28.26YARINO TH TOWN CLERK RE
JAN 28'26 RH 10:58
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: January 28, 2026
PETITION NO: 5211
HEARING DATE: January 22, 2026
PETITIONER &
PROPERTY OWNER: Filipe Costa
PROPERTY: 33 Swift Brook Road, South Yarmouth, MA
Map 67, Parcel 273
Zoning District: R-40, APD, Zone II
Document #1527417
Certificate #239818
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, 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 Filipe Costa, who seeks relief in connection with property at 33 Swift Brook
Road, South Yarmouth, Massachusetts, which property is located in an R-40 zoning district. The
property contains---11,326 square feet of area.
The petitioner seeks relief in the form of a Variance from §203.5 for front setback relief to allow
a 4-foot by 8-foot front porch to remain.
On September 17, 2025, the petitioner had applied for a building permit. However, the petitioner
constructed the porch without the benefit of a building permit.
The front setback to the now -existing porch is 26.5 feet where 30 feet is required in this zoning
district. As a result, the petitioner requires relief from the Zoning Board of Appeals.
Prior to the hearing, the Board received a letter of support from an abutter. At the hearing, one
abutter spoke in support of the petition.
The Board agreed that allowing the front porch to remain is a reasonable request and it would be
a financial hardship for the petitioner to remove the porch.
The Chairman reminded the petitioner to wait for permits to be issued prior to any construction.
A motion was made by Mr. Scanlan and seconded by Mr. Martin to approve the Variance as
requested. 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 Variance was granted.
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, a
Variance shall lapse if the rights authorized herein are not exercised within 12 months. (See MGL
c40A § 10)
Sean Igoe, Chairman
CERTIFICATION OF TOWN CLERK
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 #5211 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