HomeMy WebLinkAbout5154 1 Windswept Path Withdrawn Memo TC 02.21.25RMOUi 5�
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TOWN OF YARMOUTH
BOARD OF APPEALS
MEMORANDUM TO FILE
PETITION 5154
February 21, 2025
MEMBERS SITTING (January 9, 2025 hearing): Chairman Sean Igoe, Dick Martin, Jay
Fraprie, John Mantoni, and Anthony Panebianco.
PETITION 5154: Gade Masonry and Landscaping. Property Location: 1 Windswept
Path, Yarmouth Port, MA. Map & Lot #: 149.16. Zoning District: R-40. The Applicant
seeks a Variance from §203.5 for side setback relief to construct a 14' x 26' inground pool.
The property owner, Vatche Seraderian, appeared in -person at the hearing. Felipe Neves,
General Manager, Gade Masonry and Landscaping, attended the hearing via Zoom.
The lot contains 17,860 square feet of area. Recently, the property has been renovated. These
renovations, while attractive, have increased the square footage of the house and the garage.
The proposed pool, specifically the pool envelope, would be located approximately 10 feet from
the rear property line, close to the neighbors.
Prior to the hearing, four abutters submitted letters of opposition. At the hearing, two of these
abutters spoke in opposition with concerns that the lot is too small to support a pool in that area.
Because the property is located on a corner lot, the rear of the property is considered a side
setback, which is 20 feet for this zoning district. Even so, in the R-40 zoning district, both the
rear and side setbacks are 20 feet from the property lines.
The Board consensus was that the petitioner did not qualify for a Variance because the hardship
is not owing to the shape, topography, or soil conditions; the hardship is self-imposed by the size
and location of the renovated structures.
The petitioner requested to withdraw the petition without prejudice. A motion was made by Mr.
Martin and seconded by Mr. Fraprie to allow the petitioner to withdraw the petition without
prejudice. On a voice vote (5-0), the motion was approved.
Sean Igoe, Chairman