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Zoning board approves 3-foot rear-setback variance for gazebo at 424 Seasons Drive
Summary
The Town of Yarmouth Zoning Board of Appeals voted 5-0 to grant a 3-foot rear-setback variance for a 16-by-16 gazebo to be built over an existing hot tub at 424 Seasons Drive. The board applied a newly adopted state "practical difficulty" standard in its decision.
The Town of Yarmouth Zoning Board of Appeals on July 23 approved a variance allowing a 16-by-16 gazebo to be built over an existing hot tub at 424 Seasons Drive, granting roughly 3 feet of rear-setback relief where 20 feet is required. The motion passed on a roll-call vote of 5-0.
Chairman Sean Igoe, who presided over the hearing, said the structure appeared "rather de minimis" and "I don't think it's going to have any type of an impact to any of the neighbors around it," explaining part of the board's rationale for approval. Anthony of PLJ Carpentry, the project consultant for the petition, described the structure as a gazebo with a roof and said, "it's 9 feet tall" to the beam and about 12 feet to the peak. Owner Robert Baumbach confirmed the hot tub is 8 by 8 and that the gazebo was reduced from an earlier 24-by-16 design to the present 16-by-16 footprint to meet setbacks.
Board member Anthony moved to approve "as applied" and asked the chair to note that the petition meets the criteria of the newly adopted variance bylaw; Tim seconded. The chairman instructed that the decision would be drafted, filed with the town clerk, and subject to a 20-day technical appeal period. The applicant was told to record the decision at the registry of deeds and return a copy to the board.
The board's approval included the procedural step that the written decision be prepared and filed; no conditions beyond meeting the new variance criteria were announced at the hearing.
