HomeMy WebLinkAbout5244 10 Gardiner Ln Decision RecordedFILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER &
PROPERTY OWNER:
PROPERTY:
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07-22--2026 a'1 12 a 51 v
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
August 31, 2026
5244
August 13, 2026
John Aukshunas, Trustee of the JA Cape Realty Trust
10 Gardiner Lane, South Yarmouth, MA
Map 33, Parcel 225
Zoning District: R-25
Book 35418 Page 3
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Anthony
Panebianco, and Richard Scali.
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 John Aukshunas who seeks relief in connection with property located at 10
Gardiner Lane, South Yarmouth, Massachusetts, which property is located in the R-25 zoning
district. The lot contains—6,534 square feet of area.
The petitioner seeks front setback relief to construct an 8' x 14' addition to a preexisting,
nonconforming structure. The proposal is to enlarge the primary bedroom and repurpose existing
space for a second bathroom.
Per the Certified Plot Plan, dated June 8, 2026, the proposed side setback would decrease from
—6.7 feet to —6.6 feet. The proposed front setback would decrease from —29.5 feet to —21.7 feet
where 30 feet is required in this district.
The Conservation Agent submitted a memo, dated August 3, 2026, about the proposed addition
on land subject to coastal storm flowage, noting that the work does not require,the film of a
Notice of Intent. The Determination of Applicability was issued on July 7, �0 Nil
There were no public comments and no additional exhibits were r 44—d at th�.h"daiing' '06
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The petitioner testified that physical constraints on the site, including the septic system and
leaching field, prevent a rear expansion, while adding a second story solely for a bathroom is
impractical structurally and financially.
With most properties on Gardiner Lane maintaining a front setback of approximately 30 feet,
Board Members were reluctant to grant front setback relief. However, considering the subject
property relative to the neighborhood, the Board concurred that the relief may be granted based
on the uniqueness of the site.
Accordingly, a motion was made by Mr. Panebianco and seconded by Mr. Martin to grant the
Variance as requested. The members voted as follows: Mr. Martin -AYE; Mr. Scali-AYE; Mr.
Panebianco-AYE; Chairman Igoe -AYE. The motion was voted 4-0 in favor. Therefore, the
Variance was granted.
Subsequently, a motion was made by Mr. Panebianco and seconded by Mr. Scali to allow the
petitioner to withdraw the request for a Special Permit without prejudice. The members voted as
follows: Mr. Martin -AYE; Mr. Scali-AYE; Mr. Panebianco-AYE; Chairman Igoe -AYE. The
motion was voted 4-0 in favor. Therefore, the Special Permit was withdrawn without prejudice.
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 noticeidecision with the Town Clerk. Unless otherwise provided herein, a
Variance shall lapse if the rights authorized herein are not exercised within 24 months. (See MGL
c40A § 10)
Scan 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 #5244 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.
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