HomeMy WebLinkAbout5213 96 South Shore Dr Withdrawn Memo TC 03.16.26YARMOUTH TOWN CLERK RE
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TOWN OF YARMOUTH
BOARD OF APPEALS
MEMORANDUM TO FILE
PETITION 5213
March 16, 2026
MEMBERS SITTING (January 22, 2026 hearing): Chairman Sean Igoe, Dick Martin, John
Mantoni, Barbara Murphy, and Tim Scanlan
PETITION 5213: Lourival Santos dba Lourival Masonry LLC. Property Location: 96 South
Shore Drive, South Yarmouth, MA. Map & Lot #: 19.94; Zoning District: R-25. The Applicant
seeks a Special Permit per § 104.3.2(2) for increase in height of a preexisting nonconforming structure to
construct a second -floor addition. The Applicant requests a waiver from the requirement for a certified
site/plot plan less than two years old.
Lourival Santos, property owner, appeared at the hearing. The petitioner lives full-time in Marlborough,
Massachusetts, and purchased the subject property in 2 02 1. The property contains—15,766 square feet
of area and is located in a flood zone. During the summer, the petitioner rents out the main house and
"the cottage" ("Existing Bunkhouse" per the Certified Plot Plan, dated November 17, 2023). The main
house contains three (3) bedrooms. The cottage contains one (1) bedroom. The petitioner seeks relief to
add a second floor with a second bedroom to the cottage.
While no public comments were received, the Board had several concerns: 1) the ability of the existing
foundation to support a second floor on the cottage; 2) the proximity of the proposed two-story structure
to the sideline; 3) the ability of the existing septic system to support the main house and the cottage; and
4) the lack of details in the plans submitted to the Board.
Without enough votes in support, the petitioner requested to withdraw the petition without prejudice.
If the petitioner files a new application with the ZBA, the Board requested a New Site Plan, Foundation
Plan, and detailed plans for the main house and the cottage. The plans should include: natural grade at
street level; height and construction of the foundation for the cottage; setbacks for all structures; and
details about the existing septic system with its location and how the wastewater flows to the tank(s) and
the leaching field.
A motion was made by Mr. Scanlan and seconded by Mr. Mantoni to allow the petitioner to withdraw
the petition without prejudice. The members voted as follows: Mr. Martin: AYE; Mr. Mantoni: AYE;
Ms. Murphy: AYE; Mr. Scanlan: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in favor.
Therefore, the petition was withdrawn without prejudice.
Sean Igoe, Chairman