HomeMy WebLinkAbout5217 90 Seaview Ave Unit 8H Decision Recorded04--08--2026 a IOM-sxrx
FILED WITH TOWN CLERK:
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HEARING DATE:
PETITIONER:
PROPERTY OWNER:
PROPERTY LOCATION
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
March 17, 2026
5217
February 26, 2026
Sand Dollar Customs, LLC
Joanne Marino and Jerry W. Perry
90 Seaview Avenue, Unit 811, South Yarmouth, MA
Map 25, Parcel 99.C811
Zoning District: R-25
Book 35403 Page 203
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Richard Neitz, Anthony
Panebianco, and Timothy Scanlan
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 is Sand Dollar Customs, LLC with respect to property located at 90 Seaview
Avenue, Unit 8H, South Yarmouth, Massachusetts, which property is located in an R-25 zoning
district.
The structures at 90 Seaview Avenue were created pre -zoning, before converting to
condominium units.
The petitioner was represented by Steve Bobola, Co -Owner; Sand Dollar Customs.
The petitioner seeks relief to expand a preexisting nonconforming use to replace a—200-square-
foot deck with a —236-square-foot screened porch at the back of the unit.
No one spoke in favor or in opposition to the petition at the hearing.
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The Board wanted to ensure that the proposed porch is not used as year-round living space.
A motion was made by Mr. Panebianco and seconded by Mr. Neitz to grant the Special Permit,
subject to the following conditions:
1) The porch shall not be heated; and
2) The porch shall not be used year-round.
The members voted as follows: Mr. Neitz: AYE; Mr. Panebianco: AYE; Mr. Scanlan: AYE;
Chairman Igoe: AYE. The motion was voted 4-0 in favor. Therefore, the Special Permit, with the
stated conditions, was granted.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals
from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20
days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein,
the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See
bylaw § 103.2.5, MGL c40A §9)
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 #5217 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.
Mary A. Maslowski, MMC, CMMC
APR - 7 2026
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 5217 Date: April 7, 2026
Certificate of Granting of a Special Permit
(General Laws Chapter 40A, Section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been
granted to:
PETITIONER: Sand Dollar Customs, LLC
PROPERTY OWNER: Joanne Marino and Jerry W. Perry
Affecting the rights of the owner with respect to land or buildings at: 90 Seaview Avenue, Unit 8H, South
Yarmouth, MA; Map 25, Parcel 99.C811; Zoning District: R-25; Book 35403 Page 203 and the said Board
of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting
said Special Permit, and copies of said decision, and of all plans referred to in the decision, have been filed.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A,
Section 11 (last paragraph) and Section 13, provides that no Special Permit, or any extension, modification or
renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that
twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal
has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the
Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under
the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such
recording or registering shall be paid by the owner or applicant.
Sean Igoe, Chairman
RARNSTA®LE REGISTRY OF DEEDS
John F. Meade, Register
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