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Home My WebLink About02-08-22 Letter in Opposition received from M. Butler 2-9-22February 8, 2022 Zoning Board of Appeals Town of Yarmouth MA 1146 MA-28 South Yarmouth, MA 02664 To Whom It May Concern, RECEIVED FEB 0 9 2022 YARMOUTH BOARD OF APPEALS My name is Mary Butler. I own the property at 47 Jerusha Ln. in West Yarmouth, MA. I'm writing to inform the board of my opposition to petition number 4935, variances sought to raze and rebuild the home at 41 Jerusha Ln. in West Yarmouth, which abuts the east side of my property. I urge the Board to consider my strong opposition to the following variances requested from the board: - Side Setback-15' required, 10' proposed - New structure requires 25,000 sq ft lot minimum - New lot frontage requirement of 150' My reasons for opposition are detailed below: 1. The requested side setback variance (proposed 10' setback) would seriously inhibit my level of privacy. The proposed family room is designed with two windows on the exterior wall facing my property situated on either side of a fireplace that will be a focal point in this new room. My property, and family's enjoyment of, will be adversely impacted by this variance. The privacy we currently enjoy will be stripped due to the proximity (and elevation) of the proposed home. Larger and more elevated due to proposed site elevation changes and increased foundation height (2 and one half feet), the windows of the proposed home will greatly impact the privacy and our enjoyment of our property. 2. The proposed home, exceeding the square footage of the existing home and with the addition of a full basement, raises significant water intrusion concerns for all abutters. The neighborhood in which our homes are located has a very high water table. Supporting this assertion, the Town of Yarmouth commissioned a study titled "Study of Groundwater Related Flooding Problems." The study was proposed after severe flooding in 2003 that caused significant damage to several areas of town including our neighborhood. Presented to the town in July 2004, it outlined "Area 7- Anastasia," 54 acres of flood -prone area including my property (47 Jerusha Lane). The study concluded that the area was rated "High risk" for flooding. This conclusion is buttressed by the FEMA map which shows that portions of my property, the McNeill's property, and several other abutters as being in a "Special Flood Hazard Area". The 2004 study recommended the following relevant steps: a. To establish zoning requirement that all new basements be constructed above seasonal high groundwater. This solution was proposed for the "Anastasia" area because of its designation as "High" on the severity rating as it pertains to flooding. While this was not adopted the findings cast a looming question over the ability for this property to be constructed as proposed without adversely impacting the water table and causing damage to abutting properties. b. Another solution recommended in the study was the "purchase of home or lot for detention". Absent this corrective action in the 18 years since, the Town of Yarmouth should require any new structure on this lot should be required to demonstrate a mitigating effect on storm water runoff and groundwater displacement consistent with these concerns. The proposed full basement, replacing and expanding the existing crawl space) is contrary to the recommendations made by the 2004 study commissioned by the Town of West Yarmouth. The McNeills tacitly confirm these groundwater concerns as the plans show raising the new structure as much as 2-3 feet above the existing structures elevation to counter water table levels less than 8' (90") below the existing home's elevation. While their home would likely benefit from improved construction methods and may not have water infiltration issues, existing abutters do not share that luxury. I fear that displaced water will end up on my property and likely in my basement. The proposed foundation drain will surely move water away from their property, however, the increased footprint means less area for absorption into the ground. The proposed reduce side setback puts runoff even closer to my property. It is important that I assert to the Board: I am not seeking to stop redevelopment or be an unreasonable abutter. To the contrary, I have extended significant courtesies to the McNeills, allowing them to use a portion of my property as a driveway for years. The plans indicate the McNeills intend to remove a portion of the driveway as part of their new construction. In an effort to resolve our concerns in good faith without burdening this board, my son spoke with Mr. McNeill on February 8th, 2022 about restoration of the driveway area and other concerns in hopes of a compromise. Rather than listening, Mr. McNeill dismissed our concerns entirely and made veiled threats to take the portion of our land he had used as a driveway, presumably a misguided attempt at citing squatters rights, and claiming he would take it by eminent domain. In conclusion, I ask the Board to carefully consider the language in Zoning By-law 104.3.2(2) which this special permit is being requested under. It reads, in part, that a variance shall be granted, "...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." For the reasons outlined above, I believe that the new home, as proposed with side setback variance, poses significant detriment to my property. Further, the expansion in impermeable area (6.7% increase) and ground water displacement constitutes significant risk to several neighborhood properties including my own. i respectfully request the Board, with these concerns in consideration, deny the special permit sought by Mr. and Mrs. McNeill for their property at 41 Jerusha Lane. Further, I request that any plans submitted should be made to conform with required setbacks, adequately demonstrate sufficient storm water management practices (subject to peer review), and conform to the recommendations made by the 2004 Groundwater Study referenced above and attached hereto. Thank you for your time and consideration. Sincerely, Mary Butler 47 Jerusha Lane West Yarmouth, MA Attached with this letter are the following: 1. FEMA Flood Map 2. Map from 2004 Study Table 52 Expanded Problem - Solutions Matrix Addendum 1 p M tnsc.fama.gov rq B, — 1 , 1 E FfMA Flood Map Service Center i Search By Address person with a clisabairy, ore band, or have low vision, and need assistance, please contact a map specialist. RECEIVES FEB 0 9 2022 YAR{V 0 TF BOARD OF APPEALS U in FEMA s Nat.onal Flood HA23fd Layer tNF N,) V, um. H 7 0 _ h h ` Town of Yarmouth lfltnt.,F E�Et 11� s7,i0� �t�c4 t h" re c_. NGA vSGS I Esri, USDA Far._. app ovuu wLon Eased p ua! mµr Wehan Base Ffadd Ek grida IBfEI -'4V •�� a au Coke $enlbM+rm L#Mn,yat C+unce ' aM doss lKa nprexnt anaelMr..tntir weh BFEaIDep[h �Id LXfter Su.lxe Elnaaoe PHl MaFirtlquuor SPECIAL FLOOD XA2ARO AREAS Re{ulalory Fkwdray Cgntal hansect .._,n� Bala flood Elesarron line ;Bf Ei (� waned FtOodtsa6bNwndan' �LYnI<aF Seuda DE,W Dale A�'aNbk I).]# Mnual Charc! f Ippd Hatard Anaf M1#snood GhanLl Road w lh aser e6e ----Nmdreaon 6oundarf 1. D4tal Data.,—bk dapth Leal tMuz twi a w<th dlalmge ---C—t Yranaea Bafelm! areaao! less Ihan arc a qua._, : - OTHER _ Prd,w BasNme REAP PANEiS l.nmaDFld s FU ,, Candela.%% Annual FEATURES _,. HlaaSrn" feature �ltwdEErumalFoetll�vd_,�• dun. Fko heard- - A.a wnm AMu-d flood RrsM dt,e to GENERAL ____ Channel C. aSloan Sewer FdteFeelDlfrb DTHER AREAS OF Inca. Sae torch.:' - STRUCTURES r r.11l I—D,ke. or Flaodwka Area dvadk[rrmmed ti!ld rra�rd m.n FLOOD 11—D arcs. a U, Food R- Due to Eesee: OH:erwx Pral YM 4ea OTHER AREAS sr�w"e'P--S`x Ana NOTE: 47 JERUSHA LN. IS MARKED WITH A RED MAKER, 41 JERUSHA LN IS DIRECTLY TO THE RIGHT UNDER THE WORDS "TOWN OF YARMOUTH" Addendum 3 r onlem /Causation Table 5.2 Expands@ p - roblem - Solutions Matrix Pos.ipla &oWElons (with ranking of Preference-) -�� AREA NAME AND TYPEroF apoe,Q` ca ,�• \°t ,�. ac a �4 t<g+4e°fig t� oa, o N�a cF° S1'� o�e`a PJ s � a`° p0, aaA a bra 4acA e Solution Numhe �� °t gv ¢�`c A d SOdTN SHORE FLAT LOW LYING -It loeo, AREAS - t $g d a treell£6asemeniHoodint7ln NNEYARO HIES PURCHASE POND FLAT ELEVATED AREAS - Strae[ a. L4 x ISHORES x SROCK % POND x trIAL X RECEIVED FEB 0 9 2022 YARMOUTH BOARD OF APPEALS 1 0 o .? r it p � boo ao � r o 9 \ �5 �d r�•Sa e� � 6 Fab �.`" �� `� ea �F�ed" a 9 7g Seven -------•• ••••_ •- • "U" ..a r.r more, ponatng In aeaed dratneg, d.presslons, p,o,Imlty to seasonal stream Hooding X2 Xa X] XI x % X3 Xa Xa x1 x3 Xt Xr I X3 x ?EST ROAD f RT28 ITRAL HILLY AREAS - Street andlor basemant flooding doe to closed drainage depresslens It" seasonal With water table Inlneardapnsslnns .FORD STREET x Xe Xa X: X3 rrAIN'S VILLAGE{WEST) x Xa Xa X3 Xs xa X3 X III VILLAGE (EAST] x Xa X3 Xa Xr Xs xa X TER X DENNISlGREAT WESTERN X In X s HIGH x LOW to MODERATE x LOW to MODERATE x LOW to MODERATE x LOW to M013ERATE LO W q e4MODERATE Low NORTHERNAREAS - Basement and minor atnsei Ilootlfng due to seasonal high water table, less permeable sail substrate, ponding En closed depress{ons LOOKROAD OUT % x I x IIx LOW to MODERATE PHEASANT COVE x Xt It t X LOW to MODERATE 'Vold Xsindicalas sa'uY nprefererKe, xtithX t>Xr>X3�% Other large-scale solutions that would help to addrrss steel and basement flooding problems Mchrda- 1. Estab!ish zoning requirement that aft newbasemenfs be cansbucled abwe Seasonal high groundwater. 2- Cgns Wcl neighborhood sewer systems vnEh decenlralired kulmenl to el"uninale I relocale groundwater recharge from septic systems. 3. rmpfemeni a Public Outreach - Education and AssislI Program to encourage homeeamers to implement these and other low -impact re -development optbnt; at their home sites. Norloik Dam Group - Final Daft, September 2 3