Yarmouth Zoning Board Grants Variance for Shed Despite Setback Concerns
- Meeting Overview:
In a detailed session, the Yarmouth Zoning Board granted a variance for the placement of a shed on a residential property despite initial opposition from three board members. The decision was made after extensive discussion about the property’s unique constraints, such as wetlands and lot shape, which the board recognized as justifying the variance request.
The meeting, led by Chairman Sean Igo, began with a review of the petition filed by William and Janette Hassipitus. They sought relief from the setback requirements to construct a 16×24 prefab shed on Scallop Road in the R25 zoning district. The shed was intended to be placed in the far northeast corner of their double lot, with only an 8-foot setback from Quail Road. They requested a waiver for a certified site/plot plan less than two years old, a proposal that included a memo from the conservation agent.
During the discussion, board members questioned the placement of the shed, considering whether it could be moved to better comply with the setback regulations. One member noted the aesthetics of the current placement, while another observed the potential impact on landscaping opportunities if the shed were relocated.
Despite the petitioner’s insistence on the chosen location, the board expressed concerns about setting a precedent for granting setback relief, especially for a structure of that size so close to a road. This was compounded by the fact that Quail Road experiences minimal traffic, with one member humorously noting that it sees “one car a day, the mailman.”
As the dialogue unfolded, a consensus began to form around the feasibility of adjusting the shed’s location. The board proposed that the petitioner pull the shed 15 feet from the rear lot line while maintaining the 8-foot side setback. This suggestion aimed to meet both the petitioner’s needs and the board’s regulatory standards.
Ultimately, the board acknowledged the constraints posed by the wetlands and the irregular lot shape, which justified the variance. The members deliberated on the implications of the variance, considering both the hardship criteria and the potential impact on the neighborhood. After much discussion, a motion was made to approve the variance under specific conditions, including the adjusted setbacks. The motion was seconded and, after procedural clarifications, passed with unanimous support from the board members.
Following the shed variance discussion, the board addressed a special permit request from Michael and Rita Seridarian for their property on Seol Drive in Yarmouthport. The applicants sought relief to build a front porch and replace a garage with an addition, a proposal that faced opposition from a neighbor, Mary Beth Collings, on Conquered Lane. Collings’ letter cited concerns about the potential negative impact on her property, including reduced sunlight, views, and property value depreciation.
The board weighed the Seridarians’ arguments. The applicants provided measurements and photographs to demonstrate that the planned addition would not encroach on the neighbor’s space, but the board remained mindful of Collings’ concerns. Ultimately, the board granted the special permit, with members noting that the addition would not be substantially more detrimental to the neighborhood.
Another issue discussed was a special permit request from Benjamin Dupel of Quality Productions LLC for relocating a screen printing business to 46 Commonwealth Avenue, Unit 4, within a B3 zoning district. Dupel sought permission to store hazardous materials exceeding the town’s limit of 10 gallons, requesting an increase to 150 gallons to accommodate his business operations. He assured the board of compliance with health department guidelines, emphasizing safety measures such as double-lined vats and containment strategies for managing spills.
The board expressed concerns about the environmental impact due to the business’s location within the aquifer protection district.
Robert L. Whritenour
Zoning Board Officials:
Steven DeYoung, Sean Igoe, Jay Fraprie, John Mantoni, Dick Martin, Doug Campbell (Board Member Alternate), Timothy Kelley (Board Member Alternate), Barbara Murphy (Board Member Alternate), Richard Neitz (Board Member Alternate), Anthony Panebianco (Board Member Alternate)
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Meeting Type:
Zoning Board
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Committee:
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Meeting Date:
08/14/2025
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Recording Published:
08/15/2025
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Duration:
82 Minutes
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Notability Score:
Routine
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State:
Massachusetts
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County:
Barnstable County
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Towns:
Yarmouth
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