HomeMy WebLinkAbout5230 28 Little Dipper Ln Withdrawn Memo TC 06.05.26TOWN OF YARMOUTH
BOARD OF APPEALS
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MEMORANDUM TO FILE
PETITION 5230
June 5, 2026
MEMBERS SITTING (May 14, 2026 hearing): Chairman Sean Igoe, Dick Martin, John
Mantoni, Barbara Murphy, and Anthony Panebianco
PETITION 5230. Albert J. Muldoon III and Patricia J. Muldoon. Property Location: 28
Little Dipper Lane, South Yarmouth, MA. Map & Lot #: 25.366; Zoning District: R-25. The
Applicant seeks a Special Permit per § 104.3.2(2) to raze/replace a preexisting nonconforming
structure and construct a two-story house with roof deck.
On April 8, 2026, the petitioner's representative, Attorney Paul Tardif, was notified that the
subject property is located in a flood zone and that the Conservation Commission has not yet
received a Notice of Intent.
Attorney Tardif provided a Letter of Map Amendment Determination Document from the
Federal Emergency Management Agency (FEMA). FEMA Case No. 25-01-0868A determined
that the parcel is not located in the Special Flood Hazard Area, based on documentation
submitted by Deana Boumitri, Director of Land Survey, Merrill Engineers and Land Surveyors.
A recent survey of adjacent properties revealed an error on the April 2, 2026 Plot Plan, which
was based on a March 2025 ground survey and stamped by Timothy Santos, Professional
Engineer, Merrill Engineers and Land Surveyors. While the Plot Plan reports the parcel's lowest
elevation at approximately seventeen (17) feet, the actual lowest elevation appears to be
approximately seven (7) feet.
On April 24, 2026, Diana Zaglio, Architectural Designer, McPhee Associates, acknowledged the
elevation error in a phone call to the Town's Conservation Agent, Joe Jerolimo.
On April 29, 2026, Attorney Tardif submitted a letter to the Zoning Board of Appeals, requesting
to withdraw the petition without prejudice, in order to complete flood compliance and address
the Conservation Commission about the project.
At the scheduled Zoning Board of Appeals hearing on May 14, 2026, a motion was made by
Mr. Martin 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. Panebianco: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in favor. The
request to withdraw the petition without prejudice was granted.
Sean Igoe, Chairman