HomeMy WebLinkAbout5198 1 Parsonage Point Withdrawn Memo TC 01.13.26YARMOUTH TOWN CLERK RE
.BAN 12'26 pm2:54
TOWN OF YARMOUTH
BOARD OF APPEALS
MEMORANDUM TO FILE
PETITION 5198
January 13, 2026
MEMBERS SITTING (October 23, 2025 hearing): Chairman Sean Igoe, Dick Martin, John
Mantoni, Barbara Murphy, and Dick Neitz
PETITION 5198: Irene Holmes, 1 Parsonage Point, Yarmouth Port, MA. Map & Lot #: 105.31;
Zoning District: R-40. The Applicant seeks a Variance from §203.5 for side setback relief to construct an
elevated stairway to Elisha's Pond.
Prior to the hearing, the Conservation Commission provided an Order of Conditions and a Memo, and the
Old King's Highway Historic District Committee provided a Certificate of Exemption for this project.
At the hearing, the petitioner was represented by Attorney Paul Tardif. In 1988, the petitioner purchased
the property, which contains--12,197 square feet of area, and is shaped like a panhandle with a long neck,
10 feet wide, that extends to the rear of the lot toward Elisha's Pond.
The proposed elevated stairway includes landings. Attorney Tardif estimated the height to the landings at
approximately 6 feet above the ground. One landing would feature an 8-square-foot cantilevered bench.
At the hearing, two abutters expressed concerns about an elevated stairway approximately one foot from
their property sideline, where 20 feet is the required side setback in this zoning district. One abutter
submitted images taken from his property to show the distance to the staked area on the subject property.
In response, Attorney Tardif referenced the relief granted to the abutter's mother in 1981; the size of the
other abutter's deck; and the advanced age of the petitioner who will be 100 years old in December.
As to the merits of the petition, if granted, the Variance cannot be restricted to the petitioner and the
Variance would transfer to subsequent owners of the property.
At least three of the five Board Members were not in support of granting a Variance. By constructing an
elevated stairway, the petitioner gains a view of the pond and increased access to the pond, but the
detriment to the abutters is greater than the gain for the petitioner.
Without enough votes in support of the petition, Chairman Igoe called a 5-minute recess to allow
Attorney Tardif to confer privately with his client. Subsequently, Attorney Tardif asked to withdraw the
request for a Variance without prejudice.
A motion was made by Mr. Neitz, and seconded by Mr. Martin, to allow the petitioner to withdraw the
request for a Variance without prejudice. The members voted as follows: Mr. Martin: AYE; Mr. Neitz:
AYE; Mr. Mantoni: AYE; Ms. Murphy: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in favor.
The request to withdraw the Variance without prejudice was granted.
Sean Igoe, Chairman