HomeMy WebLinkAbout2008 Nov 20 - Board of Appeals Decision - Petition #4220 r iJ�' Y`q'�
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TOWN OF YARMOUTH
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FILED WITH TOWN CLERK: November 20,2008
; PETITION NO. #4220
HEARING DATE: November 13,2008
PETITIONER: Betty J. Stewart
� PROPERTY: 24 Vineyard Street,South Yarmouth
Map and Parcel: 0025.199; Zoning District: R25
� Registrv of Deeds Book& Pa�e: 2854/298
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MEMBERS PRESENT AND VOTING: David S. Reid, Chairman, Sean Igoe, Renie Hamman,
Joseph Sarnosky,Diane Moudouris,John Richards,Alternate.
' It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and
a11 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 seeks a modification of the Board's decisian #4182-2008, wherein the petitioner was
granted a temporary Variance to use this former motel for multi-fanuly dwelling use. The property is
within the R25 zone. The lot contains 1!3 of an acre, which is improved with a single structure,
originally designed as a five unit motel,with a manager's office/unit.
In Decision #4182, the Board allowed only a temporary, 5 year Variance, to allow the then actual,
albeit unlawful, use to be continued during the transition to a conforming use, The findings and
background recited therein aze incorpora.ted by reference. As part of the Variance, the Baard
mandated (paragraph#1) that each unit only be occupied by a singe tenant. The petitioner represents
that all but one of the tenants who were there at tha.t time have subsequently vacated, and that no
single occupants have sought rental of a unit. All interested tenants have been couples, to whom a
tenancy has been refused because of this condition. The petitioner therefore seeks to eliminate this
condition,to a11ow up to 2 persons per unit for the duration of the Variance.
The Board received a letter from the Board of Health Housing Inspector, confinning that the existing
septic system is designed to handle the requested capacity, and that the units themselves would be
adequate, under public health standards, for two person occupancy. The Board also received two
letters from neighbors, opposed to the petition, because of its incompatibility with the residential
neighborhood.
The Boazd finds that the request for some relief in this regard is reasona.ble. The original condition
was imposed based on the getitioner's own historical rental pattern. Now that the market is no longer
supporting that pattem, some latitude is warranted, with due consideration for the neighbors. The
Board observed that the parking lot at the site appears to have adequate space for parking up to 8
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passenger cars. Parking on the street would not be consistent with the existing Variance nor with the
desire to minimi�� adverse impacts upon the neighborhood. After discussion with the petitioner, it
was determined that limiting to total occupancy of the site to 8 persons would be a reasonable limit,
having regard for the capacity of the site,and the particular needs of the petitioner.
' Therefare, a motion was made by Mrs. Moudouris, seconded by Mr. Igoe, to grant the request to
modify the Variance#4182,by amending condition#1 to recite as follows:
1) "Up to 3 of the units may be occupied by up to 2 persons each,with the rest occupied by only a
single tenant, so that the totai occupancy of the site shall not exceed 8 persons, with a11 tenants
; vehicles to be parked on site in the paved parking area"
Except as so amended,the remainder of the Variance will remain as originally rendered.
The members voted unanimously in favor,the Variance is therefore amended.
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 24 days after filing of this
notice/decision with the Town Clerk. Unless ol�erwise provided herein, a Variance shall lapse if the rights
authorized herein are not excised within 12 months.(See MGL c40A §10)
David S. Reid,Clerk
Board of Appeals
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