HomeMy WebLinkAboutDecision 3547Y
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION RECEIV77D
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N i l..rtt1 ' r
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FILED WITH TOWN CLERK: Junc 14, 1999
PETITION NO: # 3547
HEARING DATE: June 10, 1999
PETITIONER: John B. Murphy
PROPERTY: 4 Eldridge Road, South Yarmouth
Map: 33 Parcel: 305 (28P4-D) Zoning District: R25
MEMBERS PRESENT AND VOTING: David Reid, Chairman, James Robertson, John
Richards, Joseph Sarnosky, Diane Moudouris, non -voting alternate Richard St. George.
It appearing that notice of said hearing has been given by sending notice thereof to the petitioner
and all those owners of property deemed by the Board to be affected thereby, and to the public by
posting notice of the hearing and published in The Register, the hearing was opened and held on
the date stated above.
The petitioner request a Special Permit in order to add to his existing dwelling a sun -room and a
deck. The property contains approximately 10,000 square feet and is located in the R25 zone.
The existing dwelling is also non -conforming in that it is located only 10 feet from its side lot line,
where 15' would currently berequired.
The petitioner represents that the conditions shown on his site plan are existing and accurate. The
proposed sun -room would be an open room, adjoining the kitchen, and measuring 18' wide
(centered on the dwelling) and extending out 14' from the house. It would not extend closer to
the adjoining (northerly) lot line than 15'. The deck would extend out (eastwardly) another G and
would be 18' wide at the house (sun -room), then taper down to a width of 14'. It too would
remain at least 15' from the lot line.
During the course of the hearing, it became apparent that there also exists on the site a second
dwelling unit. The original "garage" to the rear has, over the years, been converted to a dwelling.
It has bathroom and kitchen facilities, apparently installed without the benefit of proper and
necessary permits. The Board was reluctant to grant any permission to extend the principal
dwelling before this apparently un-lawful second dwelling was addressed. However, since the
only improvements now proposed would conform to the current set -back requirements, and
would not increase the occupancy of that dwelling, the Board decided to go forward with the
relief requested. The Board finds that the proposed addition and deck may be made without
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