Yarmouth Zoning Board of Appeals

⚖️ Yarmouth Zoning Board of Appeals ← Back to Yarmouth

Yarmouth Zoning Board of Appeals (ZBA)

Hears variance requests, special permit appeals, and challenges to Building Commissioner decisions under the Yarmouth Zoning Bylaw and Massachusetts General Laws.

5
Full Members
4
Alternates
5 yrs
Full Member Term
2nd & 4th Thu
Meeting Schedule

Current Members (2025–2026)

Member Role
Sean IgoeChair
Dick MartinVice Chair
John MantoniMember
Barbara MurphyMember
Richard NeitzMember (Alternate)
Anthony PanebiancoMember (Alternate)
Tim ScanlanMember (Alternate)
Rich ChwastiakMember (Alternate)

Members appointed by the Select Board. Full members: 5-year terms; Alternates: 1-year terms. Legal basis: MGL Chapter 40A & 40B, Section 12. Source: yarmouth.ma.us

What the ZBA Does

The ZBA operates under the Yarmouth Zoning Bylaw and Massachusetts General Laws (MGL Ch. 40A and 40B). The Board hears and acts on three types of requests:

📐 Variances

Relief from dimensional requirements (setbacks, lot coverage, height) where strict application would create hardship. Requires showing the hardship is unique to the property.

🏗️ Special Permits

Approves uses that are allowed in a zoning district only with ZBA approval — typically uses that require special scrutiny for neighborhood compatibility.

⚖️ Appeals

Hears appeals from decisions of the Building Commissioner. Any aggrieved person may appeal a Building Commissioner determination to the ZBA within 30 days.

📌 Key rules: A 3-member majority of the full 5-member board is required for most decisions. Decisions must be filed with the Town Clerk within 14 days of the vote and recorded at the Barnstable County Registry of Deeds. Any person aggrieved by a ZBA decision may appeal to Superior Court within 20 days of recording.

How to Apply / Appeal

  1. File an application with the Town’s Building / Zoning office at Town Hall, 1146 Route 28, South Yarmouth.
  2. Pay the required application fee (see fee schedule on the town website).
  3. The ZBA administrator schedules a public hearing and sends legal notice to abutters.
  4. The hearing is held at a regular ZBA meeting (2nd and 4th Thursdays).
  5. The Board votes at the same meeting or a subsequent meeting within the 90-day decision period.
  6. The decision is filed with the Town Clerk and recorded at the Registry of Deeds.

📅 Meetings, Agendas & Watch Live

The ZBA meets on the 2nd and 4th Thursday of each month in the Town Hall Hearing Room, 1146 Route 28, South Yarmouth. Hearings are also available via Zoom for hybrid participation.

🔗 Zoom Link for ZBA Hearings: https://us02web.zoom.us/j/87088854105
Meeting ID: 870 8885 4105

Recent Decisions

ZBA decisions (certified by the Town Clerk) are public records and are available on the official ZBA page. Meeting videos are posted to the Town’s YouTube channel after each session.
DID YOU KNOW

The ZBA can grant relief from strict zoning when a genuine hardship is shown.