HomeMy WebLinkAbout5204 43 Webster Rd Withdrawn Memo TC 01.13.26YARMOUTH THAN CLERK RE
JAN 13'26 FR2:53
TOWN OF YARMOUTH
BOARD OF APPEALS
MEMORANDUM TO FILE
PETITION 5204
January 13, 2026
MEMBERS SITTING (December 11, 2025 hearing): Chairman Sean Igoe, Dick Martin, John
Mantoni, Richard Neitz, and Anthony Panebianco
PETITION 5204: Daniel and Rebecca Girard. Property Location: 43 Webster Road, West
Yarmouth, MA. Map & Lot #: 29.233. Zoning District: R-25. The Applicant seeks a Variance from
Table 203.5 for rear setback relief to construct a 10' x 20' pool.
Daniel Girard, property owner, appeared at the hearing with David Cavatorta, Seaside Pools. The
petitioner purchased the property in 2023 and seeks rear setback relief to construct a 10' x 20' pool.
Two abutters submitted letters in support and three abutters submitted letters in opposition.
With abutter concerns about the number of cars parked at the property and noise from renters of the
property, the Board asked the petitioner about the intended use of the property.
The petitioner testified that it is not his intention to offer the residential property for rent in 2026 and
that he signed a Board of Health document, dated August 3, 2025, confirming said intentions.
As to the criteria for a Variance, two Board Members could not support the petition because:
1) the hardship is not owing to circumstances relating to the soil conditions, shape or topography of
such land or structures;
2) the square lot is not unique; and
3) the pool's proposed location is 10 feet from the rear lot line, where 20 feet is required.
The petitioner requested to withdraw the Variance without prejudice.
Accordingly, a motion was made by Mr. Panebianco and seconded by Mr. Neitz to allow the petitioner
to withdraw the request for Variance without prejudice. The members voted as follows: Mr. Martin:
AYE; Mr. Neitz: AYE; Mr. Mantoni: AYE; Mr. Panebianco: AYE; Chairman Igoe: AYE. The motion
was voted 5-0 in favor. Therefore, the request for Variance was withdrawn without prejudice.
Sean Igoe, Chairman