HomeMy WebLinkAbout5227 71 Witchwood Rd Withdrawn Memo TC 05.19.26CIRKOUTH TOWN CLERK RE
KRY 19'26 AK.9:14
TOWN OF YARMOUTH
BOARD OF APPEALS
MEMORANDUM TO FILE
PETITION 5227
May 19, 2026
MEMBERS SITTING (April 23, 2026 hearing): Chairman Sean Igoe, John Mantoni, Barbara
Murphy, and Anthony Panebianco
PETITION 5227: Donna Anderson, 71 Witchwood Road, South Yarmouth, MA. Map & Lot #:
68.86. Zoning District: R-40, APD, Zone II. The Applicant seeks a Special Permit per §104.3.2,
Paragraph 2 and/or a Variance from Table 203.5 for side setback relief to construct an addition to an
existing —157 square foot shed.
Donna Anderson, property owner, appeared at the hearing with Russell Fulcher, carpenter. The proposal
is to increase the size of the shed to • 231 square feet and create an accessory dwelling unit (ADU) for
the petitioner's mother.
No public comments and no exhibits were received at the hearing.
The Board raised several concerns: 1) The shed exceeds 150 square feet, requiring a 20-foot setback to
the side lot line; 2) The structure must meet the current Building Code and receive a Certificate of
Occupancy to be deemed habitable; 3) Zone II regulations prohibit increasing the total bedroom count,
requiring the removal of one bedroom in the main house to allow the proposed bedroom for the ADU;
and 4) The proposed two -compartment septic tank must tie into the existing septic system.
The petitioner requested to withdraw the petition without prejudice. If the petitioner files a new
application with the ZBA, the Board requires a certified Site Plan and floor plans for the main house and
the ADU. The plans should include the setbacks for all structures and details about the location of the
existing septic system and the proposed two -compartment septic tank.
A motion was made by Mr. Mantoni and seconded by Ms. Murphy to allow the petitioner to withdraw
the request for Special Permit without prejudice. 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Therefore, the Special Permit was withdrawn without prejudice.
A motion was made by Mr. Mantoni and seconded by Mr. Panebianco to allow the petitioner to
withdraw the request for Variance without prejudice. 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 Therefore, the Variance was withdrawn without prejudice.
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Sean Igoe, Chairman