HomeMy WebLinkAbout5059 50 Park Ave Memo to File 01.16.24TOWN OF YARMOUTH q 6 AN,16��'�=fE�= E
BOARD OF APPEALS
MEMORANDUM TO FILE
PETITION 5059
January 16, 2024
MEMBERS SITTING (January 11, 2024 hearing): Vice Chair Sean Igoe, Dick Martin, Jay
Fraprie, John Mantoni, and Barbara Murphy
PETITION 5059: (continued from 11/9/23) Pine Cone Construction Inc. Property Location:
50 Park Avenue, West Yarmouth, MA. Map & Lot #: 20.73; Zoning District: R-25. The
Applicant seeks to modify Special Permit #4930 dated February 1, 2022 or a Special Permit per
§ 104.3.2(2) and/or a Variance from §203.5 for front setback relief to allow a constructed home to
remain as -built with 10-inch encroachment of porch.
The petitioner had sought relief by way of a Special Permit and/or Variance for front setback
relief to allow a constructed home to remain as -built with 10-inch encroachment of porch.
Unable to attend the scheduled November 9, 2023 hearing, the petitioner requested a continuance
and signed an extension agreement to the January 11, 2024 hearing.
In the interim, based on setback averaging (permitted by §203.5), the surveyor determined that
the front setback need only be 20.3 feet. The home is 25.9 feet from the front boundary.
As a result, the Building Commissioner accepted the revised as -built plan. The petitioner
requested via a letter, dated November 27, 2023, to withdraw the petition, without prejudice.
A motion was made by Mr. Fraprie and seconded by Mr. Mantoni to approve the request to
withdraw the petition, without prejudice.
On a voice vote -0), the request to withdraw the petition, without prejudice, was approved.
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Sean Igoe, Vice Chair