HomeMy WebLinkAbout09-09-21 Decision 4913 -33 Summer Street52ISEPI--iP*- 2:58 REICk
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
September 13, 2021
4913
September 9, 2021
Irina S. Weatherly McPhee
PROPERTY: 33 Summer Street, Yarmouth Port, MA
Map 113, Parcel 23
Zoning District: R-40
Title: Book 33221, Page 277
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Richard
Martin, Tom Baron and Jay Fraprie
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 seeks a Special Permit per § 104.3.2(2) to lift and reposition pre-existing,
nonconforming structure, including additions and extended living space. In the alternative, the
applicant seeks a Variance from §203.5 to permit the construction of a barn in a front yard
setback.
The Property is located in the R-40 Zoning District and is currently improved with a 1 '/2 story
single family home built in approximately 1850. The property also has a deck, patio and a shed
located in the rear of the property. In its history, the property was improved with 3 porches and a
large barn connected to the house in the rear. The lot contains 14,831 square feet and 73 feet of
frontage on Summer Street. The property also abuts a private way, Tranquil Trail, by
approximately 74 feet. However, the Applicant has no right to use that way for access. The
existing structure complies with the front, rear and left side setback requirements of the existing
zoning bylaw, but does encroach into the right side setback, and sits 8.9 feet from that boundary.
The house is approximately 22.5 feet in height and lot coverage is at 13.2%. The existing
foundation is decaying and must be replaced to preserve the house.
The proposal is to lift the antique house, construct a new foundation, and to position the existing
house back down on the new foundation. Then, an addition to the property will be constructed to
the rear portion of the house, along with a new deck and porch, swimming pool and a 12 x 20
barn. The structure will still sit approximately 9 feet from the right side boundary, but will
continue to comply with all other bulk requirements of the bylaw. The abutting property to the
northeast has a driveway located on that side of the property and would provide additional buffer
to that portion of the property, which will not have outdoor space. The height of the proposed
structure will increase by approximately 15 inches, to 23.8 feet, and lot coverage will increase to
24.8%, which meet the bulk requirements of the zoning bylaw.
Petitioner requires a Special Permit because the property is being lifted by 15 inches onto a new
and necessary foundation, triggering the requirements of Yarmouth Zoning Bylaw Section
104.3.2 (2). The revival of this antique home, in this historic part of town, in the same general
location, albeit further from the northeast abutter than the existing structure, will in no way be
substantially more detrimental to the neighborhood than the existing structure. The work being
done on this property will benefit the neighborhood. The proposal was previously approved by
the Old. Kings Highway Historic District Committee, at which time abutters were provided an
opportunity to comment about aesthetics and the setting of the project.
Several abutters, and other nearby residents, voiced concerns that the extension of this house
would not be in keeping with the charm of the neighborhood, would interfere with the tranquility
of the area, would cause shadowing and interference with sunlight, and set a bad precedent for
encroachments. However, the Board was unanimously unable to find such detriment based on
the plans for this project. Rather, the Board found that the improvements would not be
substantially more detrimental to the neighborhood than is the existing non -conforming structure.
In fact, the Applicant proposes to decrease the existing encroachment into the right side setback.
In addition, the careful proposal demonstrates that no undue nuisance, hazard or congestion will
be created and that there will be no substantial harm to the established or future character of the
neighborhood or town. In fact, the Applicant explained that the barn, although not needing any
zoning relief, was planned to harken back to the prior existence of such a structure on this lot.
Finally, the exhaustive efforts of the Petitioner were noted by the Board, in that the original
antique home was being preserved, generally, in the same location on the lot as the existing
location of the home. The Board found that the Applicant had clearly met all of the requirements
of Zoning Bylaw Section 104.3.2(2) and that she was eligible for the issuance of a Special
Permit.
Accordingly, a motion was made by Mr. Martin, seconded by Mr. Baron, to issue a Special
Permit as requested, with the condition that the front parking area denoted on the filed plans be
eliminated and not constructed. The members voted unanimously in favor of the motion.
The Applicant moved and was allowed to withdraw the request for relief in the form of a
Variance, as it was the consensus of the Board that no such relief was needed. The members
voted unanimously in favor of the motion.
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 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 § 103.2.5, MGL c40A §9)
zq-=, e&..-
Steven DeYoung, Chairman
CERTIFICATION OF TOWN CLERK
I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have
elapsed since the filing with me of the above Board of Appeals Decision # 4913 that no notice of
appeal of said decision has been filed with me, or, if such appeal has been filed it has been
dismissed or denied. All appeals have been exhausted.
Mary A. Maslowski