HomeMy WebLinkAbout797 Route 28 Proposed Addition l.'1r R TOWN OF YARMOUTH
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'e 0 BUILDING DEPARTMENT
'ato y, 1146 Route 28, South Yarmouth,MA 02664
F I. T^ ^ E••'4 508-398-2231 ext. 1261 Fax 508-398-0836
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November 2,2018
Attorney James H.Quirk,Jr
750 Attucks Lane
Hyannis,MA 02601
Re:797 Route 28 Proposed Addition
Dear Attorney Quirk:
I have been requested by Building Commissioner Mark Grylls to follow up and respond to your November 1,2018 letter,
concerning a proposed addition to the easterly side of the existing, non-conforming structure, located at 797 Route 28.
Please be advised we have researched this matter. Our findings and comments are as follows:
-Based on a February 27,2014 site plan, submitted with Petition No.4515 to the Board of Appeals;one side setback is sr
depicted as 10.7 feet for the structure in question. Zoning Bylaw Table 203.5, B2 Zoning District currently requires a
minimum 25 foot side setback.
-That plan also reflects the building lot coverage to be 21.6%;with the aggregate structure and impervious coverage as
54.8%.
-It is my understanding the proposed addition would be constructed on the easterly side, extending toward the rear of the
structure. No dimensions were provided. The proposed square footage will directly impact the Structure and aggregate Lot
Coverage,which are limited to a maximum of 25%and 70%,respectively,also cited in Table 203.5.
-Zoning Bylaw Section 104.3.2, para. 3 provides that "Other (non one or two family structures),pre-existing, non-
conforming structures may be altered,extended,razed and replaced by Special Permit from the Board ofAppeals. Three
paragraphs of criterion for the Board to issue this Special Permit are included in this paragrhph.
-Section 104.3.2,para 3.differs from paragraph 1,in that;alteration,extension and raze&replace provisions for one&two
family structures,permits direct deferral to the Building Commissioner,as to whether these proposed types of construction
are permitted as a matter of right. Those that do not comply with the qualifiers shall then be referred to the Board of
Appeals.
-Para.3 does not provide the same latitude,however. All other pre-existing non-conforming structures must be referred
directly to the Board for a Special Permit/Finding. The pre-existing non-conforming side setback Is the non-conforming
feature in this case.
Accordingly,should the property owner wish to proceed,an application for a Special Permit,citing Section 104.3.2(3)shall
be submitted to the Board of Appeals. An accompanying site plan should include the proposed structure lot coverage and
aggregate coverage. Should the proposed addition exceed these lot coverage restrictions,the application shall include that
as part of the requested relief.
Finally,you may direct any question you may have to me or Building Commissioner Mark Grylls.
truly,
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James D.Brandolini,
Deputy Building Commissioner