HomeMy WebLinkAbout5223 21 Woodbine Ave Withdrawn Memo TC 05.07.26#ARNOUTN TOWN CLERK RE
MAY 7'26 w3:13
TOWN OF YARMOUTH
BOARD OF APPEALS
MEMORANDUM TO FILE
PETITION 5223
May 7, 2026
MEMBERS SITTING (April 9, 2026 hearing): Chairman Sean Igoe, Dick Martin, John Mantoni,
Barbara Murphy, and Tim Scanlan; non -voting Alternate Rich Chwastiak
PETITION 5223: Berino Da Silva, 21 Woodbine Avenue, West Yarmouth, MA. Map & Lot #:
37.97. Zoning District: R-25. The Applicant seeks a Variance from §203.5 for rear setback relief to
allow two gazebos to remain 3.5 feet from the rear lot line.
Benno Da Silva, property owner, appeared at the hearing. The lot contains approximately 4,356 square
feet of area. The petitioner purchased two gazebos from an online store, placed the gazebos side -by -side
at the rear of the property, and installed a wood stove and wood grill under one of the gazebos.
According to a Violation Notice, dated June 23, 2025, from Deputy Building Commissioner Tim Sears,
the gazebos were placed without the benefit of a required permit.
While a corner of one of the gazebos is located over the septic system, access to the septic system is a
matter for the Health Department, not the Zoning Board of Appeals.
The grass at the rear of the property has been replaced by pavers. Because the unanchored gazebos are
less than 150 square feet each, these structures could be placed six (6) feet from the lot lines. However,
the petitioner has placed the gazebos only three -and -a -half (3.5) feet from the rear lot line.
The Board concurred that the hardship is self-created and the petition does not meet the criteria for a
Variance. The petitioner requested to withdraw the petition without prejudice.
A motion was made by Mr. Scanlan and seconded by Mr. Martin to allow the petitioner to withdraw the
petition 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the petition was withdrawn without prejudice.
The petitioner was cautioned that he is still in violation of the zoning bylaw and that he must move the
gazebos to achieve compliance. Due to the proximity of the septic system, the petitioner must coordinate
his actions with the Building and Health Departments.
Sean Igoe, Chairman