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HomeMy WebLinkAbout5243 3 Paula Ln Decision TC 09.28.26Ali-40JUTH Ttj N CLERK RE SEA 21-812 ► ART45 c `cn,RPORAiEO 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