HomeMy WebLinkAbout5241 354 Forest Rd Decision Certified 07.20.26fak14i1uT11 TOWN CLERK. RE
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
July 20, 2026
5241
July 9, 2026
Alden B. Childs IV
Alden B. Childs and Sarah E. Foss
PROPERTY: 354 Forest Road, South Yarmouth, MA
Map 67, Parcel 116
Zoning District: R-40, APD, Zone II
Book 23826 Page 17
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Barbara
Murphy, Anthony Panebianco, 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 Alden B. Childs IV who seeks relief in connection with property located at
354 Forest Road, South Yarmouth, Massachusetts, which property is located in the R-40, APD,
and Zone 11 zoning districts. The lot contains—15,246 square feet of area.
Two violation notices, dated February 2, 2024 and September 27, 2024, respectively, were issued
to the petitioner for storing a boat in front of the front building line of the lot.
Subsequently, the Yarmouth Zoning Bylaw was amended through November 17, 2025. Section
401.1.2 of the amended bylaw reads in part: If a boat cannot be parked or stored to the rear of
the front building line of the lot in a Residential Zoning District due to a unique condition or
features of the parcel, such as restricted or limited access to the side or rear of the building,
relief may be granted via a Special Permitfrom the Zoning Board of Appeals.
After receipt of a third violation notice, dated May 22, 2026, the petitioner seeks a Special
Permit per Section 401.1.2 to park a boat in front of the front building line of the lot.
_ A TRUE COPY ATTEST
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AUG 10 2026
At the July 9, 2026 hearing, the petitioner cited physical constraints, specifically trees, utility
lines, and a rear gully, that limit viable parking locations for the 24-foot boat.
There were no public comments and no additional exhibits were received at the hearing.
The Board concurred that due to the unique condition and features of the lot, the petitioner met
the Special Permit criteria of the bylaw.
Accordingly, a motion was made by Mr. Scanlan, and seconded by Mr. Panebianco, to grant the
Special Permit, subject to the following conditions:
1) The Special Permit is granted exclusively to this petitioner, Alden B. Childs IV;
2) The Special Permit shall be restricted to one (1) boat with a maximum length of 28 feet;
3) The boat shall be lawfully registered to the current property owner or current resident of
the property;
4) The boat shall be located on a registered trailer and shall be parked in the driveway
without creating a traffic or fire safety issue; and
5) The Special Permit shall expire upon transfer of the property.
The members voted as follows: Mr. Martin -AYE; Mr. Scanlan -AYE; Ms. Murphy -AYE; Mr.
Panebianco-AYE; Chairman Igoe -AYE. The motion was voted 5-0 in favor. Therefore, the
Special Permit with the stated conditions, 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,
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 #5241 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
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CM1WC i CMC 1 TOWN CLERK
AUG 10 2026
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COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
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Petition #: 5241 Date: August 10, 2026
Certificate of Granting of a Special Permit
(General Laws Chapter 40A, Section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been
granted to:
PETITIONER: Alden B. Childs IV
PROPERTY OWNER: Alden B. Childs and Sarah E. Foss
Affecting the rights of the owner with respect to land or buildings at: 354 Forest Road, South Yarmouth, MA
Map 67, Parcel 116; Zoning District: R-40, APD, Zone II; Book 23826 Page 17 and the said Board of
Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said
Special Permit, 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 1 I (last paragraph) and Section 13, provides that no Special Permit, 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
UE ATTEST.
CMMO / CMC / TOWN CLERK
AUG 10 2026