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Home My WebLink About2007 Jan 04 - Board of Appeals Decision - Petition #4084 . ,�/°�Y�,-�';� � � s8„�,`��2 �i '-� ,� '� TOWN OF YARMOUTH Oo j 0 ,� ' '� � BOARD OF APPEALS �,►�;; `t";"�.s,l J �y� DECISION _��„�,. FILED WI1'H TOWN CLERK: January 4,200? PETITION NO: #4084 HEARING DATE: December 28,2006 PETITIONER: Claire Gonet,Trustee of Bearse Realty Trust PROPERTY: 450 Route 6A,Yarmouthport Map&Parcel: 124.31 Zoning District: R40 MEMBERS PRESENT AND VOTING: David S.Reid,C6airman,John Richards,Joseph Sarnosky, Thomas Roche and Steve DeYoung. Notice of the hearing has been given by sending notice thereof to the Peritioner and a11 those owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Register,the hearing opened and held on the daxe stated above. The petitioner seeks Special Permits under §202.5 and §301, in order to convert an existing single- family home into a guesthouse with three seasonal guest units. The petitioner also requests relief relative to the parking area and its corresponding buffers. The property is located in the R-40 zoning district. The lot contains an area of 20,476 square feet. The lot is presently improved with a two-story single-family horne, which is substantially conforming to current setback requirements. There is also located on the property a barn which is not conforming to its corresponding setbacks. The properiy is also a corner lot. The petitioner proposes no structural alterations to the residents, other than the addition of a new door near the middle of the eastern fa�ade of the main house. As shown in the petitioner's floor plans, dated October 31, 2006, one the guest suites will be established on the first floor and two guest suites will be established on the second floor. The second floor suites each contain a sitting room. The petitioner represents that the sittin� rooms will not be independently usable nor will they contain beds, convertible sofas, nor any similar sleeping accommodations. They will be used solely by the guests occupying the bedroom of each correspondin� suite. The first floor will continue to contain the petitioner's primary residence. The new door referenced above will enter into the raom labeled "Entry" on the plans, and all guests will enter and exit through this doorway, which will also be shared by the petitioner. This will help to maintain the sin�le-family home atmosphere and funciion in the house, and the necessary connection between the homeowner and the guests. The "community room" will be a sitting raom and library, and will not contain any additional sleeping accommodations. Guests will be served breakfast and other appropriate snacks in the dining room area adjoining the kitchen. Guests will not have kitchen privileges nor there be cooking facilities in the�uest suites. Use of the guest suites will remain transient �uesthouse use. The guesthouse business will only be open from April 25 through January 2 of each year. The house will contain a total of four(4)bedrooms and will be owner occupied at a11 times when guests are in residence. 1 z � T'he petition's site plan, with revisions through November 1, 2006, proposes a total of five vehicle parking spaces, where the bylaw would require at least si�c, although the petitioner indicates that she is also able to park one car with in the barn. The parking spaces and gravel area is proposed to be unpaved to improve natural draina.ge. Several arborvitae hedges are proposed on the plan to shield the parking area. Each is proposed to be a minimum of 4 feet wide and 5 feet tall (although only one segment is so labeled on the plan). Substantial neighborhood concern and opposition was voiced at the time of the hearing, and in letters received from two neighbors. One major point of concern was the tr�c and parking arrangements. Neighbors were concerned that the parking was inadequa.te and would result in vehicles backing out of the site onto the street and parking alongside of the road. This was considered by them to be inappropriate not only because the road is narrow but also because the other side of the road is the playground area. The driveway into the parking area is also only a short distance from busy Route 6A. Concerns were also expressed by the neighbors for the noise and headlights from vehicles shining onto the adjoixung residential properties. Concerns were also expressed for the recent operation of the home, which has included boarders. The neighbors e�ressed concern that the petitioner has not always remained in residence when her boarders have been present, resulting in unsupervised and u.ndesirable activity affecting the quiet enjoyment of the neighborhood. Neighbors also expressed concern tha.t the addition of this business venture would adversely affect the character of this historic residential neighborhood. The petitioner does understand that approval of the Old Kings Highway committee will also be required for the alterations, independent of this board's decision. It is the fmding of the board that the proposed alteration and use could be accornplished without becoming substantially more detrimenta.l to the neighborhood, and without causing any undue nuisance, hazard or congestion, provided certain conditions were met. Therefore a motion was made by Mr. DeYoung , seconded by Mr. Richards, to grant a Special Permit for the guesthouse use, and a Special Permit for the parking lot expansion, without full compliance, as requested and as shown in the petitioner's site plan and floor plans, and as represented during the hearing, on the following additional conditions: 1)this must remain the petitioner's principal and full-time residents at all times when guests are in residence; 2) the "use" is limited to three guest bedrooms, and not more than a total of two guests per guest room(6 total guests). The guest sitting rooms will not be used for sleeping accommodations; 3) breakfast and incidental snacks, etc. ma.y be served to guests in the dining room or community room, but no meals will be served to the public (i.e. other than registered guests); 4) the guesthouse will remain seasona.l, meaning between Apri125 and January 2. No paying guests will occupy any portion of the House outside of tha.t period; 5) the guesthouse use will not include the rental of the facilities for group events or functions, including outdoors(such as weddings, meetings, gatherings, etc.); 6) the new entrance will be constructed on the east side of house, as proposed and shown on the plans, and this will be the main entrance to the guesthouse. Guests will not come and go through the original front Route 6A entrance; 7)the barn will not be used for any guesthouse activities; 2 i � 8) the community room will be used as a sitting area and library/living room for the petition and her guests; 9) all proposed buffers shown on the petitioner's site plan will be installed prior to the commencement of the guesthouse use, and shall be maintained thereafter. In addition, further buffering will be installed along the westerly lot line as follows: the middle portion of the westerly boundary, extending from the setback line labeled "25.5 feeY' (to the corner of the original house), northerly to a point opposite the label "leach area", shall have additional buffering added near the property line and beneath the existing tree canopy, consisting of densely arranged 5 foot ta11 evergreen shrubbery(a notation was made to this effect on the petitioner's plan during the hearing); 10) because the proposed parking includes five spaces where six are required, and because the proposed pazking area affords minimal turnaround space and reduced setbacks and buffers, the board will review the effectiveness of the designed parkin,g area approximately 1 year from this date. The petitioner shall arrange for such a review hearing, with appropriate notice to the neighborhood, at which time the board will review the parking operations, and may impose additional requirements relative to parking at that time. The members voted unanimously in favor of this motion. The Specia.l Permits are therefore 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 M.G.L. C40A §17 and must be filed within 20 days after the filing of this notice/decision with the Town Clerk. David S.Reid, Chairman 3