HomeMy WebLinkAbout5229 96 South Shore Dr Decision TC 05.04.26A KOUTH TOWN CLERK ESE
MAY 4 °26 AK9:97
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
May 4, 2026
5229
April 23, 2026
Lourival Santos dba Lourival Masonry LLC
Maria Clara Properties LLC
96 South Shore Drive, South Yarmouth, MA
Map 19, Parcel 94
Zoning District: R-25
Document #1443214, Certificate #228039
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, 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 as stated above.
The petitioner is Lourival Santos who seeks relief concerning property located at 96 South Shore
Drive, South Yarmouth, Massachusetts, which property is in a R-25 zoning district and contains
—15,681 square feet of area.
The petitioner appeared at the hearing and was assisted by David Sadowski, Surveyor in
Training. The petitioner seeks a Special Permit for increase in ridge height of a preexisting,
nonconforming structure.
The proposal is to expand the existing 628-square-foot cottage by adding 176 square feet of floor
area and raising the ridge height from 14 feet to 17 feet, while retaining the single -story design.
Per the Plan of Land, dated April 26, 1984, "the cottage" was originally built as a garage. The
project keeps the total bedroom count at four (three in the main house, one in the cottage) and
modifies the septic system with a two -chamber tank.
A letter of support was received from a direct abutter at 102 South Shore Drive. No new exhibits
were received at the hearing.
On the "Proposed ADU Addition Location Plan", dated March 13, 2026 and stamped by a
Professional Land Surveyor, the Iot coverage calculation of 13.1 % is incorrect, as it represents
building coverage only. The total lot coverage must include all impervious surfaces, including
the deck, patio, shuffleboard court, and walkways.
As to the merits of the petition, the Board concurred that the requested relief may be granted,
subject to limitations on further development of the parcel.
A motion was made by Mr. Panebianco, and seconded by Mr. Mantoni, to grant the Special
Permit, subject to the following conditions:
1) The existing lawn/green space shall be retained; and
2) No further development or additional impervious coverage shall be allowed on the lot.
The members voted as follows: Mr. Mantoni-AYE; Ms. Murphy -AYE; Mr. Panebianco-AYE;
Chairman Igoe -AYE. The motion was voted 4-0 in favor. Therefore, the Special Permit with the
stated conditions was approved.
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 noticedecision 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
1, 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 #5229 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