HomeMy WebLinkAbout5251 146 Beacon St Decision TC 09.28.26MRVO i R "SOWN CLERK RE
SEP 02'26, 9:46
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER &
PROPERTY OWNER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
September 28, 2026
5251
September 10, 2026
Robert P. Pingeton, Jr. and Suzanne S. Pingeton
PROPERTY: 146 Beacon Street, South Yarmouth, MA
Map & Lot #: 98.56
Zoning District: R-40, APD & Zone II
Document #1381229
Certificate #220831
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 Robert and Suzanne Pingeton, who seeks relief in connection with property
located at 146 Beacon Street, South Yarmouth, Massachusetts, which property is located in an
R-40 zoning district and contains—15,246 square feet of area.
The petitioner seeks rear setback relief to install a 22' x 28' above -ground pool. The Certified
Plot Plan, dated July 27, 2026, shows the proposed pool would be installed eighteen (18) feet
from the rear property line, where 20 feet is required in this zoning district.
The petitioner testified that while the total footprint of the pool, including the integrated safety
deck and fence, measures 22' x 28', the actual swimming area is 12' x 24' with a depth of four
(4) feet. The proposal preserves all existing trees on the property, which directly abuts the Cape
Cod Rail Trail to the rear.
Two abutters spoke in support of the petition. No one spoke in opposition to the petition and no
additional exhibits were received.
As noted during testimony, the placement of the pool is constrained by existing site conditions,
which were not created by the petitioner, specifically the garage, leaching field, and septic tank.
The proposed pool must be located a minimum distance of ten (10) feet from the septic tank and
twenty (20) feet from the leaching field.
The Board determined that these unique physical conditions create a practical difficulty, the
hardship was not self-created, and no feasible alternative exists for the location of the pool.
Accordingly, a motion was made by Mr. Panebianco and seconded by Mr. Martin to approve the
Variance as requested. 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 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 noticei'decision 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)
Sean Igoe, Chairman
CERTIFICATION OF TOWN CLERK
1, 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 #5251 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