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Yarmouth board approves special permit for Sherrettes’ sunroom; variance withdrawn
Summary
The Yarmouth Zoning Board of Appeals on May 28 approved a special permit for a 12-by-14 sunroom at 119 Highbank Road, finding the work extends a preexisting nonconforming deck; the board also allowed withdrawal of a requested variance without prejudice.
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YARMOUTH — The Yarmouth Zoning Board of Appeals voted 5–0 on May 28 to grant a special permit allowing Daniel and Kathleen Sherrette to replace an existing deck with a 12-by-14 sunroom at 119 Highbank Road.
Chairman Sean Igoe opened petition 5234 and said the property sits on a triangular lot with two front setbacks, and that portions of the house and deck already sit inside the required 30‑foot setbacks. Petitioner Daniel Sherrette told the board the sunroom will attach to the kitchen where a deck now stands and described footing plans using sonotube piers and mushroom footings to minimize excavation near an on‑site septic tank: “It’ll kinda minimize the excavation near the septic tank,” he said.
Board members asked whether the proposed addition would create a new nonconformity and whether it could be angled to avoid the setback; members agreed the existing deck and corner of the building are a preexisting nonconformity. Board member Tim said he believed the proposal met the special‑permit standard because it would not create “undue nuisance, hazard or congestion” and would pose minimal impact on the neighborhood.
The board made a motion to approve the special permit as requested; John seconded. Roll‑call votes were: Barbara Murphy — Aye; John — Aye; Tim — Aye; Rich — Aye; Chairman Sean Igoe — Aye. The board then accepted the petitioners’ request to withdraw the related variance application without prejudice, also by unanimous vote.
Igoe told the applicants the board will file a decision with the town clerk and that a 20‑day appeal period must elapse before they may record the permit at the registry of deeds.
The decision grants the special permit only; the variance request was withdrawn without prejudice, allowing the applicants to return later if additional relief is needed.

