HomeMy WebLinkAbout5236 12 Denver Dr Decision TC 06.08.26YAR14OUTH TOWN CLERK RE
JUN 8126 (*9:10
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER &
PROPERTY OWNER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
June 8, 2026
5236
May 28, 2026
Sidney K. Horton
12 Denver Drive, West Yarmouth, MA
(formerly known as 4 & 12 Denver Drive)
Map 38, Parcel 11
Zoning District: R-25
Title: Book 37320, Page 247
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, John Mantoni, Barbara
Murphy, Tim Scanlan, and Richard Scali
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 Sidney Horton with respect to property located at 12 Denver Drive, West
Yarmouth, Massachusetts, which property is located in an R-25 zoning district. The property
contains — 1.69 acres of area.
The petitioner seeks relief to construct a 36' x 60' barn for the storage of more than 3 vehicles.
The one-story barn will be used primarily to house the petitioner's two boats.
The property is a corner lot on Denver Drive and Traders Lane. The proposed barn will meet all
the current setback requirements for the zoning district.
Per the Site Plan, revised April 24, 2026, at the closest point, the barn will be located —50 feet
from Traders Lane and —189 feet from Denver Drive. All existing trees along Traders Lane and
the northern boundary will be retained.
There were no public comments in favor or in opposition to the petition.
Based on the size of the lot and the proposed positioning of the barn, the Board concluded that
no undue nuisance, hazard or congestion will be created and that there will be no substantial
harm to the established or future character of the neighborhood or town.
A motion was made by Mr. Mantoni and seconded by Mr. Scanlan to grant the Special Permit.
The members voted as follows: Mr. Mantoni-AYE; Ms. Murphy -AYE; Mr. Scanlan -AYE; Mr.
Scali-AYE; Chairman Igoe -AYE. The motion was voted 5-0 in favor. Therefore, the Special
Permit was granted.
A motion was made by Mr. Scanlan and seconded by Mr. Mantoni to allow the petitioner to
withdraw the request for a Variance without prejudice.
The members voted as follows: Mr. Mantoni: AYE; Ms. Murphy: AYE; Mr. Scanlan: AYE; Mr.
Scali: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in favor. Therefore, the request for
a Variance was withdrawn without prejudice.
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 noticeidecision with the Town Clerk. Unless otherwise provided herein,
the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See
bylaw § 103.2.5, MGL c40A §9)
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 #5236 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