HomeMy WebLinkAbout2014 Nov 19 - Board of Appeals Decision - Petition 4512 ---;
:' TOWN OF YARMOUTH
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FILED WITH TOWN CLERK: November 19,2014
PETITION NO: #4512
HEARING DATE: September 25,2014, continued to November 13,2014
PETITIONER: Clifford I. Betron and Patricia S. Betron
PROPERTY: 9 Flakeyard Lane, West Yarmouth
Map & Parcel: 0020. 16
Zoning District: R-25
Doc.#:1150065; Ctf.#: 192596
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Debra Martin,
Chuck Hart and Bryant Palmer.
Notice of the hearing has been given by sending notice thereof to the Petitioner and all 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 date stated above.
The Petitioner appeared and was well represented by Attorney Paul Tardif. The Petition was heard
over two nights and the members who were not in attendance the first night (Martin and Hart) each
certified that they had reviewed the prior hearing. The Petitioner seeks a Special Permit pursuant to
Zoning Bylaw §104.3.2(2) to alter or extend a pre-existing non-conforming detached one car garage
by placing the structure on pilings, in order to comply with the flood zone requirements, and by
adding a second floor to the structure with living space. The property is also improved with a four
bedroom single family dwelling built in approximately 1912. The property lies in the R-25 Zoning
District and contains approximately 21,344 square feet of area, and is located on the shore of Lewis
Bay, which forms the southerly boundary of the property. The northerly boundary is also very close
to a salt marsh. The property is bisected by Flakeyard Lane, an eight foot wide easement which
provides access from Glenwood Road to the petitioner, and their neighbor to the east. The garage is
located to the north of Flakeyard Lane, and the main house site southerly of Flakeyard Lane. The
garage is in disrepair.
The Board received the following plans, which are incorporated by reference into this Decision:
1. Site Plan of 9 Flakeyard Lane, West Yarmouth, prepared by Down Cape Engineering,
Inc., dated February 11, 2014, revised on June 17, 2014;
2. Floor Plan of second floor of main house, prepared by Northside Design Associates, dated
February 10, 2014, depicting the combination of two smaller bedrooms in the main house
into one bedroom;
3. Garage plans depicting elevations and the floor plans, prepared by Northside Design
Associates, dated October 20, 2014; and
4. Profile Sketch of Flakeyard Lane, West Yarmouth, MA, prepared by Down Cape
Engineering, Inc., dated October 20, 2014.
The proposal is to utilize the existing garage structure, raise it up on pilings, and to construct a
second floor over it. Because of its location, and because of the flood zone in which it is located, the
first floor will not offer any living space, but will have parking for 2 cars on the first floor, with
breakaway walls. The second floor will contain a recreation room, a studio, and a half bathroom
containing a toilet and sink. There will be no cooking facilities in this structure. Because the Health
Department deemed the new living space to be a bedroom for septic purposes, one of the existing
bedrooms in the main house will be combined with the adjoining bedroom and result in 3 bedrooms in
the main house and the Board of Health's presumptive one bedroom in the garage. The new building
will be on the exact same footprint as it presently rests, and contain 640 square feet of living space.
The Yarmouth Conservation Commission has issued an Order of Conditions, as more fully described
in a Memorandum dated November 13, 2014, which is incorporated herein by reference and made a
part of this Decision. The overhead electric lines will be moved underground and bored from
Glenwood Street. There are substantial plantings which are included in this plan. Between beach
grass, blueberry, bayberry and holly, there will be 1,432 square feet of new plantings. In addition, a
new retaining wall on the north side of the property is proposed.
There was much discussion about the potential for this space to become a separate living space,
something which the Board determined was not permissible under the current Bylaw. Despite the
lack of permanent provisions for eating or cooking, the Board was of the opinion that this space, once
built, could not be used for sleeping, as that would sanction a separate dwelling on this lot, in
contravention to Bylaw Section 407, regulating the creation of Accessory Apartments.
The Board found that the proposal met the requirements of Bylaw Section 104.3.2 (2), and that
no undue nuisance, hazard or congestion will be created, and that the proposal will not cause
substantial harm to the established or future character of the neighborhood or town. The Board
also felt that with the conditions as delineated below,that the project would not be substantially
more detrimental to the neighborhood,than is the current use and structures.
Accordingly, Motion was made by Ms. Martin, seconded by Mr. Hart, to grant a Special Permit as
requested by the Petition, with the conditions recited below, to which the Board voted
unanimously to grant.
As such,the Special Permit herein granted shall be subject to the following conditions:
A"— 1. The Petitioner shall submit a Certification from the Building Department that the two
bedrooms in the main house have been combined, in accordance with the Floor Plan
submitted;
1 2. The second floor of the garage shall not be used for sleeping or used as a bedroom, and
shall not become a bedroom.
3. That the construction shall be in full conformity with all conditions as required by
the Conservation Commission.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This
decision must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals.
Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within
20 days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein,
the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See
bylaw,MGL c40A §9)
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Steven DeYoung, Chahian