HomeMy WebLinkAbout5201 183 South Sea Ave Decision Certified 12.30.250 CLERK RE
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
December 30, 2025
5201
November 13, 2025
La Mare LLC
Andrew Laird and Cynthia Laird
PROPERTY: 183 South Sea Avenue, West Yarmouth, MA
Map 17, Parcel 101ACB
Zoning District: R-25
Title: Book 35952, Page 233
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, John Mantoni,
Barbara Murphy, and Anthony Panebianco
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those
owners of property as required by law, and to the public by posting notice of the hearing and
publishing in The Cape Cod Times, the hearing opened and held on the date stated above.
The Petitioner, Constantin Carseli and Anca Bulgaru, are the owners of La Mare LLC and the
owners of the condominium unit at 185 South Sea Avenue, West Yarmouth, Massachusetts.
The Petitioner seeks to reverse the decision of the Building Commissioner per § 102.2.3,
Paragraph 3, for a building permit to construct a 12.5' x 24' garage and., -'or seeks revocation of
the building permit and demolition of the constructed garage at 183 South Sea Avenue.
The Crowell Heritage Condominium Trust (Book 35952, Page 245) consists of two (2) units:
183 & 185 South Sea Avenue, West Yarmouth, Massachusetts.
The garage in the Exclusive Use Area at 183 South Sea Avenue was constructed without the
benefit of a building permit. Subsequently, the Property Owner paid the building permit fee and
the additional fee for working without a permit.
Per the Condominium Site Plan, dated February 14, 2023, there is an Exclusive Use Area on
either side of a dotted line, which, for purposes of clarity, does not represent a property line.
Deputy Building Commissioner, Tim Sears, was present at the hearing, and confirmed that, for
zoning purposes, setbacks from property lines are considered when issuing a building permit.
The Petitioner also requested the revocation of the building permit and demolition of the
constructed garage. The Zoning Board of Appeals does not have the authority to revoke a valid
and legal building permit, nor to approve the demolition of the constructed garage, because the
garage complies with applicable zoning.
Accordingly, a motion was made by Mr. Martin and seconded by Mr. Panebianco to uphold the
decision of the Building Commissioner. The members voted as follows: Mr. Martin: AYE; Mr.
Mantoni: AYE; Ms. Murphy: AYE; Mr. Panebianco: AYE; Chairman Igoe: AYE. The motion
was voted 5-0 in favor. Therefore, the decision of the Building Commissioner was upheld.
Accordingly, a motion was made by Mr. Mantoni and seconded by Mr. Martin to deny the
request to revoke the building permit and demolish the constructed garage. The members voted
as follows: Mr. Martin: AYE; Mr. Mantoni: AYE; Ms. Murphy: AYE; Mr. Panebianco: AYE;
Chairman Igoe: AYE. The motion was voted 5-0 in favor. Therefore, the request to revoke the
building permit and demolish the constructed garage was denied.
Sean Igoe, Chairman
CERTIFICATION OF TOWN CLERK
I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have
elapsed since the filing with me of the above Board of Appeals Decision #5201 that no notice of
appeal of said decision has been filed with me, or, if such appeal has been filed it has been
dismissed or denied. All appeals have been exhausted.
I
Mary A. Maslowski, MMC, CMMC
JAN
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