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HomeMy WebLinkAbout5076 11 Buckwood Dr Withdrawn Memo to File 02.22.24"ARK TOWN OF YARMOUTH '24LI EP;22P412__�= BOARD OF APPEALS MEMORANDUM TO FILE PETITION 5076 February 22, 2024 MEMBERS SITTING (January 25, 2024 hearing): Vice Chair Sean Igoe, Jay Fraprie, John Mantoni, Barbara Murphy, and Anthony Panebianco. PETITION 5076: Michael and Faith Sullivan. Property Location: 11 Buckwood Drive, South Yarmouth, MA. Map & Lot #: 88.206; Zoning District: R40 & APD. The Applicant seeks a Special Permit per § 104.3.2(2) and/or a Variance from §203.5 for side setback relief to add a 24' x 35' garage to replace existing carport. The petitioner had sought relief by way of a Special Permit and/or Variance for side setback relief (18 inches into the 20-foot setback) to build a garage for 3 cars. The Board determined that the petitioner is currently conforming on all setbacks. Creating a new nonconformity would require a Variance. However, the petitioner does not meet the criteria for a Variance. By moving the side entrance door to the garage, the petitioner could reduce the proposed garage size, fit all 3 cars, and meet all the setbacks. The petitioner requested 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 Variance, without prejudice. On a voice vote (5-0), the request to withdraw the Variance, without prejudice, was approved. A motion was made by Mr. Panebianco and seconded by Mr. Mantoni to approve the request to withdraw the Special Permit, without prejudice. On a voice vote (5-0), the request to withdraw the Special Permit, without prejudice, was approved. Sean Igoe, Vice Chair