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HomeMy WebLinkAbout5242 42 Four Seasons Dr Decision RecordedBk 37815 Ps339 '35027 08-24--2026 & 03 a 3SR Y. TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: July 31, 2026 PETITION NO: 5242 HEARING DATE: July 23, 2026 PETITIONER: PLJ Carpentry Inc. PROPERTY OWNER: Robert Bohmbach and Lisa Bohmbach PROPERTY: 42 Four Seasons Drive, South Yarmouth, MA Map 91, Parcel 62 Zoning District: R-40 Book 36807 Page 163 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 PLJ Carpentry Inc. who seeks relief in connection with property located at 42 Four Seasons Drive, South Yarmouth, Massachusetts, which property is located in the R-40 zoning district. The lot contains---15,246 square feet of area. At the July 23, 2026 hearing, the petitioner, Antonio Jose Da Silva Neto of PLJ Carpentry Inc., appeared with Robert Bohmbach, the property owner. The petitioner seeks a Variance from §203.5 for rear setback relief to construct a 16' x 16' gazebo over an existing hot tub. The proposed gazebo stands 12 feet high at its peak. Pcr the Site Plan, dated May 26, 2026, the gazebo, at its closest point, is located 16.9 feet from the rear property line, where a minimum rear setback of 20 feet is required in this zoning district. The abutting property to the rear, 351 Highbank Road, is heavily vegetated, and all structures on that lot are outside the scope of the direct abutting line of 42 Four Seasons Drive. There were no public comments and no additional exhibits were received at the $wrin: = gkq IN-9 k AJ:Rdf? Gc ATTEST . Ally 2 4 2��� o26 ./ CY!110w / CMC 1 T WN'CLERK Effective July 1, 2026, amendments to Massachusetts General Law Chapter 40A, Section 10, changed the standard which governs zoning variances. The Board discussed the replacement of the prior "substantial hardship" standard with the new "practical difficulty" standard. As required, the Board weighed the benefits to the petitioner and to the public interest against the detriment to the health, safety, and welfare of the neighborhood, and found that a strict enforcement of the bylaw would result in practical difficulty. The Board also considered that the practical difficulty was not self-created, the strict enforcement of the bylaw would impose a financial hardship, and no other feasible alternative exists for the placement of the gazebo. The Board determined that the petitioner satisfied the revised threshold for Variance relief. Accordingly, a motion was made by Mr. Panebianco and seconded by Mr. Scanlan to approve the Variance as requested, with a stipulation within the Decision that the petitioner had met the new Variance criteria. The members voted as follows: Mr. Martin -AYE; Ms. Murphy -AYE; Mr. Scanlan -AYE; Mr. Panebianco-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 24 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 #5242 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. o A. Maslowskl. t.. . ID MMC, CMMC e t v., - A TRUE Pl�k ATTEST AUG 2 4 2026 CrZW c C / FUWN CLER H:. ,yCI �PaRATEb�b�9 Petition #: 5242 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: August 21, 2026 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: PLJ Carpentry Inc. PROPERTY OWNER: Robert Bohmbach and Lisa Bohmbach Affecting the rights of the owner with respect to land or buildings at: 42 Four Seasons Drive, South Yarmouth, MA; Map 91, Parcel 62; Zoning District: R-40; Book 36807 Page 163 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 SARNSIARLE REGISTRY Ofter DEEDS laho F. Meade, Regis AUG 2 4 2026 ``• <0 �� V A TRUE Copy ATTEST CMI u / CMC / TOWN CLERK