HomeMy WebLinkAboutAttorney Followup 11-02-2018 .raise TOWN TOWN OF YARMOUTH
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BUILDING DEPARTMENT
o •" y 1146 Route 28, South Yarmouth, MA 02664
'`,.,�,�,„q�,d•; 508-398-2231 ext. 1261 Fax 508-398-0836
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 ;r
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.
litruly,
b itnoteeee.;..cl
James D.Brandolini,
Deputy Building Commissioner
fl
JAMES H. QUIRK, JR., P.C.
Attorney and Counsellor at Law
Post Office Box 268
Yarmouthport, Massachusetts 02675-0268
(508) 771-0084
Facsimile (508) 771-0118
Office Location:
750 Attucks Lane
Hyannis,MA 02601
James H. Quirk,Sr. (1916-1996) L, 707,--e--1---1James H. Quirk,Jr. � %j •
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November 1, 2018
VIA E—MAIL ONLY �� 3
mgrylls@yarmouth.ma.us
Mr. Mark Grylls, Building Commissioner _erilt
Yarmouth Town Hall
1146 Route 28 /" --
South Yarmouth, MA 02664-4491
RE: SILVER CLOUD TOWING, INC. ' ' - e /=ere-c-C
797 ROUTE 28
SOUTH YARMOUTH, MA 02664Z lj 4 ,
OUR FILE NO. 902/12640
Dear Mr. Grylls :
Please be advised that I have been asked to provide an opinion regarding the
proposed construction to the existing building located on the
above-referenced property. The area for construction has a present
structure specifically the brick grill so that the proposed addition is •
simply a change of use in the area of the proposed addition. The addition
does not constitute a business expansion; it is simply a reconfiguration
the building area to carry out the existing business. It will not res t
in additional employees and it will not eliminate any existing parki g
spaces . The addition will not encroach into the existing buffers . Be ause
of the change in use in the area covered by the new addition, there ould
be no increase in density.
For all of the foregoing reasons, it is my opinion that the issuance of a
Building Permit should not require a Special Permit.
After you have had the opportunity to review this correspondence, please do
not hesitate to contact me should you have any questions.
Mr. Mark Grylls, Building Commissioner
November 1, 2018
Page Two
Very truly yours,
ls7Jannekn. Qudrk Jr.
James H. Quirk, Jr.
JHQ:cam
cc: Edward C. Quirk
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