HomeMy WebLinkAboutSummary of Reasoning (Unit 4, 29 Lewis Bay Blvd) 1
Law Office of Singer & Singer, LLC
26 Upper County Road
P. O. Box 67
Dennisport, Massachusetts 02639
Andrew L. Singer Tel: (508) 398-2221
Marian S. Rose Fax: (508) 398-1568
_____ www.singer-law.com
Myer R. Singer (1938-2020)
Yarmouth Board of Appeals Petition # 4858
SUMMARY OF REASONING
S. Robert Fish, Jr., Trustee [“Applicant”] owns Unit 4 [“Unit 4”] of the Yarmouth Shores
Condominium [“Condominium”] located at 29 Lewis Bay Boulevard in West Yarmouth [“Property”]. Unit
4 is a detached, one-story, single-family, residential dwelling with second-floor storage space, second-floor deck,
raised patio, and an attached, flat-roofed garage. The Property, which is located in the R-25 Zoning District
(Assessor’s Map 48, Parcel 48-C4), is pre-existing, nonconforming and has been reviewed previously by the
Board of Appeals. Unit 4 is conforming as to dimensional height and setback requirements.
The Applicant proposes to make renovations to the home as shown on the submitted plans,
including adding a gable roof with dormers over the garage, a small dormer on the front of the house , and a
dormer on the rear of the house. There will be no increase in the footprint of the dwelling and no change in
the number of bedrooms. The originally submitted plans proposed enclosing the second-floor deck to
become a sunroom. This has been eliminated on the revised elevations and floo r plans to match the plans
approved by the Conservation Commission. The second-floor deck will remain over the existing patio.
In order to complete the proposed work, the Applicant is requesting to modify Special Permit #3851,
as the same has been previously modified, specifically Conditions 12 and 13, as necessary, or for a new
Special Permit, both in accordance with Sections 104.3.2 and 104.4.1 of the Yarmouth Zoning By-Law
[“Zoning By-Law”] and M.G.L. Chapter 40A, Section 6, to make alterations to Unit 4 at the Property as shown
on the submitted plans.
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The Applicant respectfully submits that the proposal satisfies the review criteria of the Zoning
By-Law, will not be substantially more detrimental to the neighborhood, Zoning District or Town, nor cause
or contribute to any undue nuisance, hazard or congestion, and is worthy of approval because:
1. There will be no change of use at the Property, no change in the existing number of
Condominium Units, and no change in the number of bedrooms in Unit 4;
2. The dormer, roof, and window changes on the second floor of Unit 4 will be located
entirely within the existing, conforming building footprint;
3. Unit 4 will remain conforming to dimensional setback requirements;
4. Building height of Unit 4 will not change and will remain conforming (23± ft.);
5. There will be no change in site coverage on the Property;
6. There will be no impact to off-street parking for the continued residential use of the
building and no negative, or any, change or impact in traffic flow;
7. As a result of all of the foregoing, the proposal will not increase the nonconforming
nature of either the Unit or the Property;
8. The architectural style of the renovated building will become more in keeping with the
character of not only the remaining dwellings in the Condominium , but also the
neighborhood;
9. All runoff will be contained on site, and there will be no negative impact on water supply or
the environment;
10. The Conservation Commission has reviewed and approved the proposal;
11. All of the Condominium owners have voted to endorse the proposal; and
12. There will be no change in remaining conditions imposed on operation of the
Condominium in previous reviews by the Boar d.
For the above reasons, the Applicant respectfully requests that the Board find that the special permit
criteria are met and grant approval allowing the proposal to be completed as submitted.