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Home My WebLink AboutBOA #5211 r - , • Doc: 1 ,539,090 02-19-2026 B:25 $ ��(('';; ��jj �,� CLERKy BARNSTABLE LAND COURT REGISTRY C c R I eH 3J4N E JA 8 :--i" 8 4 R TOWN OF YARMOUTH f BOARD OF APPEALS Hi DECISION .�.. _ - f EI I FEB 19 2026 FILED WITH TOWN CLERK: January 28,2026 l___ BUILDING DEf-'ARTrritNT PETITION NO: 5211 y 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. '-' ATRUE COPY ATTEST: t /CMC I TOWN CLERK 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. &14t-0.W9-4thtliht4 Mary A. Maslowski, MMC, CMMC FEB 18 2026 +i A TRUE COPY ATTEST: •F144:7046/ -CMMO CMC/Tnwti ni =ow -4"1rd4----. COMMONWEALTH OF MASSACHUSETTS , € �rC: TOWN OF YARMOUTH itr4'. BOARD OF APPEALS 0 - H. Petition#: 5211 Date: February 18,2025 Certificate of Granting of a Variance (General Laws Chapter 40A, Section 10) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been granted to: PETITIONER& PROPERTY OWNER: Filipe Costa Affecting the rights of the owner with respect to land or buildings at: 33 Swift Brook Road, South Yarmouth, MA; Map 67,Parcel 273; Zoning District: R-40,APD,Zone II; Document#1527417; Certificate#239818 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Variance, 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 Variance, 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 BARNSTAB DEEDS - 'AA411.01,44' \ f1RUE COPY ATTEST John F.LE MeadeREGISTRY, RegisterOF Mallet/.nun a T v7 ... - —