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Petitioner allowed to withdraw gazebo setback appeal after board finds likely self‑created hardship
Summary
Marino Da Silva withdrew his request for a variance after the Yarmouth Zoning Board of Appeals concluded the unpermitted gazebos likely represent a self‑created hardship; the petitioner was reminded daily fines remain possible until the violation is abated or permitted.
Chair Sean Igoe opened petition 5223 seeking setback relief for two gazebos at 21 Woodbine Drive and read a June 23, 2025 zoning enforcement notice alleging the structures were installed without a required permit. The petitioner, Marino Da Silva, told the board he bought prefabricated gazebos online, assembled them on his lot and installed a wood grill and stove inside one structure.
Board members raised concerns that the structures encroach toward the rear lot line (approximately 3.5 feet) and that one corner overlapped a septic area. The board noted the sheds appear to be under 150 square feet (which affects permitting) but said the structures—and associated paving and tile—had been installed without prior building‑department review. Chair Igoe and several members said the petitioner had not demonstrated the requisite hardship for a variance and described the situation as self‑created.
Given those conclusions, Da Silva asked to withdraw the petition without prejudice. The board voted unanimously to allow withdrawal. Chair Igoe cautioned that withdrawing the petition preserves the applicant’s ability to reapply but does not erase the zoning violation; counsel had earlier read that the zoning enforcement letter advised fines of up to $300 per day could be levied until the violation is abated or a permit obtained.
The board advised Da Silva to consult the building department and the Board of Health (septic) about options for removing or relocating the structures and noted he could either physically move the gazebos to meet the six‑foot setback or seek further approvals. The withdrawal motion passed on a unanimous roll call vote. The petitioner confirmed there were no fines levied to date.
