HomeMy WebLinkAbout5243 3 Paula Ln Decision TC 09.28.26Ali-40JUTH Ttj N CLERK RE
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
September 28, 2026
5243
September 10, 2026
Christopher Moniz and Angela Moniz
Jeanne M. O'Keefe,
Trustee of the Paula Lane Realty Trust
3 Paula Lane, West Yarmouth, MA
Map 23, Parcel 166
Zoning District: R-25
Book 24830 Page 268
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Barbara Murphy,
Anthony Panebianco, and Richard Neitz
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 Christopher and Angela Moniz, who reside at 3 Paula Lane, West Yarmouth,
Massachusetts, which property is located in an R-25 zoning district and contains—10,454 square
feet of area. The petitioner returns before the Board in connection with a request for front
setback relief to construct a shed.
At the initial hearing on August 13, 2026, the Board expressed concern about the shed's
proximity to the abutting roads. In response to the Board's request to evaluate alternatives, the
petitioner submitted a revised Site Plan, dated September 1, 2026. The updated proposal reduces
the shed's size from 192 square feet to 150 square feet and proposes an alternate location.
The Board appreciated the petitioner's willingness to relocate the shed further from the road. The
revised layout increases the setback at the corner of Kerry Court and South Sea Avenue from six
(6) feet to ten (10) feet, and on Kerry Court from twelve (12) feet to fourteen (14) feet.
Despite the proposed relocation, the petitioner still required relief from the 30-foot minimum
front setback.
There were no public comments and no additional exhibits were received at the hearing.
The Board concurred that the shed location on the new plan was more favorable than originally
presented. The Board also considered that the hardship is not self-created and no feasible
alternative exists due to the site's physical constraints: the septic system located in the front yard
and the property bounded on three sides by Kerry Court, South Sea Avenue, and Paula Lane.
Accordingly, a motion was made by Mr. Panebianco and seconded by Mr. Neitz to approve the
Variance, subject to the following conditions:
1) The petitioner shall maintain and replace, as necessary, the fencing along Kerry Court
and South Sea Avenue; and
2) If the Town requires land for the widening of South Sea Avenue, the petitioner shall
relocate the shed on the property.
The members voted as follows: Mr. Martin -AYE; Mr. Neitz-AYE; Ms. Murphy -AYE; Mr.
Panebianco-AYE; Chairman Igoe -AYE. The motion was voted 5-0 in favor. Therefore, the
Variance 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 noticeidecision with the Town Clerk. Unless otherwise provided herein, a
Variance shall lapse if the rights authorized herein arc not exercised within 24 months. (See MGL
c40A § 10)
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 #5243 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