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Applicant withdraws ADU petition for 71 Witchwood Road to allow septic and plan updates

Yarmouth Board of Appeals · April 24, 2026
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Summary

Donna (Donnie) Anderson withdrew both special-permit and variance requests for a proposed ADU conversion at 71 Witchwood Road after the board advised septic verification, full plans and relocation or foundation upgrades; the board approved withdrawal without prejudice 4–0.

The petitioner for petition 5227 asked to withdraw her applications for a special permit and variance to convert and enlarge a 157-square-foot shed at 71 Witchwood Road into a small accessory dwelling unit (ADU).

Donnie Anderson and Russell Fure described the existing shed and a proposed ~80-square-foot addition to create a habitable unit for a family member with health needs. Board members examined the lot and plans and raised multiple technical concerns: the shed currently exceeds 150 square feet (triggering setback requirements), the structure lacks known footings suitable for habitable code, and the board of health must verify whether the property's septic system can support the change (the applicant was advised to confirm whether the system is rated for four bedrooms or would require replacement).

The board advised the petitioner to have the septic inspected, to consult the building department about foundation and code requirements, and to prepare a full set of plans (site plan with septic/tank location, foundation plan, floor plan and elevations) before returning. Members also suggested the applicant consider shifting the structure several feet away from the lot line to reduce nonconformity.

Given those outstanding technical steps, the petitioner requested withdrawal without prejudice so she could assemble the necessary materials and refile. John moved to allow withdrawal of the special permit without prejudice and Barbara seconded; the board approved the motion by roll call, 4–0. The board then approved withdrawal of the variance request without prejudice (motion by John, seconded by Anthony), again by a 4–0 vote.

The board emphasized that a return filing should include septic documentation and building-department guidance and noted the applicant remains free to reapply after addressing the items discussed.