HomeMy WebLinkAbout09-09-21 Decision 4890- 8 Grove StreetY __
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATES:
PETITIONER:
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TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
September 22, 2021
4890
March 25, 2021, May 27, 2021, August 12, 2021 and
September 9, 2021
Michael J. Lenzi, Sr. and Sandra M. Lenzi
Trustees of the 8 Grove Street Realty Trust
PROPERTY: 8 Grove Street, West Yarmouth, MA
Map 20, Parcel 37
Zoning District: R-25
Title: Document 1348727 and
Certificate of Title No. 216493
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Richard
Martin, Jay Fraprie and Tom Baron
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 pursuant to section 104.3.2 of the Bylaw to allow for the
razing and replacing of the single family dwelling at the property. The Property is located in the
R25 Zoning District and is improved with a two story single family structure having 4 bedrooms
and 1 1/2 baths, and constructed in approximately 1927, and a detached garage. The lot contains
44,159 square feet of area, with 20,134 square feet of upland. The lot is a very odd shape, and
runs from the beach on the south and north to Park Avenue, and is surrounded by salt marshes, a
dune and what is considered to be a river. A portion of the lot is in the velocity zone and a
portion is in the AE 11 flood zone. The existing house, which is 28.5 feet in height, is
approximately 6 inches from Grove Street but complies with all other setback and height
regulations of the Zoning Bylaw. There is a Title 5 Septic System on the property, capable of
handling up to 5 bedrooms, which will remain. Lot coverage, including the house, garage and
deck total 11.9% of the upland.
The proposal is to remove the house and garage from their present location, and to construct a 2
1/2 story single family dwelling having 5 bedrooms, with decks and swimming pool. The house
will be located 12.2 feet from Grove Street layout, but 21.5 feet from the actual paved portion of
the road. The second floor roofline will be 20.2 feet from the road layout, before the story,
measuring 34.7 feet from the average grade at the street, is stepped back to ameliorate the impact
of the height of the structure. Due to the environmental attributes affecting the property, there
was no other reasonable place to locate the house further back from the street. The basement
will have flood vents and will be used for parking, and storage. No mechanicals or living space
will be located in the basement.
The lot coverage will decrease to 10.2%, which accounts for the removal of the detached garage.
A number of plantings will be included around the perimeter of the property near the wetlands,
and this has been approved by the Yarmouth Conservation Commission, who indicated that they
would not permit the new structure to be located any closer to the wetlands than first permitted,
and shown on the current plans. The footprint of the proposed structure will be 1,403 square
feet, an increase of 157 square feet over the existing structure's footprint.
The Petitioner explained that the property will be used for single family residential purposes
only, and will not be used for commercial events. The owner(s) and/or the occupant(s) of the
property will not park or store commercial vehicles on the property except during construction or
as an invited guest.
Pursuant to Yarmouth Zoning Bylaw Section 104.3.2 (2), single family and two-family
structures may be altered, extended or razed and replaced, only upon Special Permit from the
Board of Appeals, if it is determined that such alteration, extension or raze and replacement will
not be substantially more detrimental to the neighborhood than is the existing non -conforming
structure. The Board was satisfied and agreed that the Petitioner has met the criteria of Zoning
Bylaw Section 104.3.2 (2), as recited above. There were neighbors who opposed the project, but
many spoke of tangential issues such as the noise of other rental properties of the Petitioner and
beach crowding, which are not in the purview of this Board. Concerns of the size and height of
the building were considered, and resulted in several continuances, to allow the Petitioner to
revise its plans to decrease the encroachments into the front yard setback, decrease the impact of
the house from Grove Street, and to decrease the square footage of the proposed structure. One
abutter, although in favor of the project, spoke of concerns that this property not turn into a
venue for commercial uses. The Petitioner agreed to certain conditions, listed below, to allay
those fears. The Board noted the positive changes to the plans submitted for the September 9,
2021 hearing, and the efforts of the applicant to present plans for a structure which will not be
substantially detrimental to the neighborhood. Specifically, the significant increase in the front
yard setback from its present 6 inches to approximately 12.2 feet was a vast improvement to the
project. In the addition, the Board found that there will be no undue nuisance, hazard or
congestion created and that there will be no substantial harm to the established or future
character of the neighborhood or town, all in accordance with Zoning Bylaw Section 103.2.2.
The Board also was careful in comparing the present structure to the proposed structure, and
noted the existing structure's non -flood compliance, the removal of a detached garage, and the
additional off-street parking as great improvements. In addition, and although the height of the
proposed structure will be 34.7 feet (where 35 feet is allowed), the design and height is in
keeping with many of the homes in the neighborhood, including many of the homes owned by
abutters who appeared in opposition to the project, and who have modified their homes and
effectively defined the character of the neighborhood. Finally, the project was in keeping with
recent relief granted by this Board to other properties in the neighborhood, including properties
with more square footage than the subject property.
Accordingly, and based upon the foregoing findings, a motion was made by Mr. Igoe, seconded
by Mr. Martin, to grant the Special Permit, as requested, with the following condition:
1. The property will be used for single family residential purposes only, and will not be used
for commercial events. The owner(s) and/or the occupant(s) of the property shall not
park or store commercial vehicles on the property except during construction or as an
invited guest.
Roll call vote was taken on this Motion with the following results:
Mr. DeYoung -
In Favor
Mr. Igoe -
In Favor
Mr. Martin -
In Favor
Mr. Baron -
In Favor
Mr. Fraprie -
In Favor
Accordingly, the Special Permit was approved on a 5-0 vote in favor.
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)
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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 #4890 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