Yarmouth ZBA unanimously grants variance for 16-by-16 deck at 1 Wildflower Lane

The Yarmouth Zoning Board of Appeals on May 8 unanimously granted a variance allowing construction of a 16-by-16-foot deck at 1 Wildflower Lane in Yarmouth Port.

The board said the petitioner, Mary Jane Zimmer, trustee of the Mary Jane Zimmer Living Trust, demonstrated that literal enforcement of the zoning bylaw would create a hardship owing to the shape of the lot and that the deck would not derogate from the purpose of the bylaw.

Chairman Sean Igoe opened the hearing on petition 5175 and confirmed the applicant was present by video. Zimmer said she planned to replace an existing patio with the deck and thanked staff member Dolores for help submitting documents. Board members reviewed a site plan stamped Feb. 25, 2025, from the applicant’s materials and asked about railings and the contractor. Zimmer said the deck will have a railing and that builder Todd Cantera will do the work.

Board members discussed whether the matter required a new variance rather than an amendment to an earlier variance and agreed a new variance was appropriate. A motion to grant the variance passed by roll call vote: Jay — aye; Barbara — aye; John — aye; an additional member recorded as aye; and Chairman Sean Igoe — aye. The board instructed staff to draft the decision and file it with the town clerk.

Igoe told the petitioner that the decision must be recorded and that a 20-day technical appeal period begins when the decision is filed with the town clerk. He said Dolores would notify Zimmer when the decision is filed and that Zimmer must record the decision at the registry of deeds and provide a copy to the town for its records.

The board closed the public hearing, and no one spoke in opposition during the meeting.

The action taken was a formal grant of a variance; the board did not add conditions beyond the requirement to file and record the decision.