HomeMy WebLinkAbout02-18-22 Summary of Reasoning- Received 02-18-221
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 27 Longview Road
PETITION NO 4933
SUMMARY OF REASONING
Robert and Gretchen Kossack, Trustees of the Robert Edward Kossack Trust [the
“Applicant”] owns the property at 27 Longview Road in Yarmouth [the ‘Property”]. The
Property, which is located in the R-40 Zoning District, is improved with a single-family dwelling
with a rear deck and stairs leading down to Follins Pond. The Property is a corner lot with
Middle Road and Longview Road providing frontage. The lot is pre-existing nonconforming as
to lot size, frontage, and front setback (23.8 feet from Middle Road where 25 feet is required.).
The dwelling is otherwise conforming as to setbacks and building coverage.
The Applicant proposes to construct a second-floor addition over the existing footprint of
the home, renovate the existing basement and first floor, maintain the existing stairs and deck to
the rear of the Property and add a balcony deck off of the rear of the second floor which does not
extend further than the existing structure’s footprint.
Under the proposed renovation, the dwelling would be increased in height from a
conforming 11.5 feet existing to a still conforming 20.8 feet proposed, where 35 feet is the
maximum allowed Building coverage will remain unchanged at 7.9%, where 25% is the
maximum allowed.
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Under the Yarmouth Zoning By-Law, Section 104.3.2 (2), a pre-existing nonconforming
dwelling may be altered, extended or razed and replaced by right if it conforms to the applicable
By-Law requirements or does not otherwise increase the non-conforming nature of the structure.
An Applicant who wishes to alter a pre-existing nonconforming structure by increasing the
height of the structure, must secure a special permit from the Zoning Board of Appeals.
In reviewing the special permit request, the Board may grant a special permit it if finds
that the proposal will not cause, create, or contribute to any undue nuisance, hazard or congestion
and there will be no substantial harm to the established or future character of the neighborhood
or Town. The Board must also determine that the proposal will not be substantially more
detrimental or more nonconforming to the neighborhood, Zoning District or Town than the
existing conditions.
The Applicant respectfully submits that the proposed addition complies with the special
permit criteria and will not be substantially more detrimental or nonconforming as shown
because of the following:
1. The Property will continue to be used as a single-family dwelling as permitted in the
R-40 Zoning District;
2. The proposed addition will be no closer to Middle Road than the pre-existing,
nonconforming front setback (23.8 feet existing and proposed; 25 feet required). It will
not further encroach into the front setback;
3. The proposed addition’s height will remain conforming (11.5 feet existing, 20.8 feet
proposed and 30.8 feet from basement slab to ridge where 35 feet is the maximum
allowed). The lot is sloped from front to back so that the basement is not visible from
Middle Road;
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4. The Property is pre-existing nonconforming as to lot size (12,155 square feet where
40,000 square feet required). Building coverage will remain conforming (7.9 % where
25% is the maximum allowed);
5. The proposed addition will not impact traffic flow in any way and parking is adequate for
the site;
6. All run-off will be contained on site and there will be no negative impact on water supply
or the environment;
7. The proposed work has been reviewed and approved by the Conservation Commission
and care will be taken to follow the conditions required so that there will be no
substantial impact on the sensitive areas surrounding the proposed structure; and
8. The proposed work has been reviewed and approved by the Yarmouth Old Kings
Highway Historic District Committee.
9. There are no anticipated changes which would negatively affect artificial light, noise,
litter or odor;
10. Utilities will remain unchanged; and
11. There will be no anticipated nuisance, hazard, or congestion in the neighborhood as a
result of the proposed addition.
For the above reasons, the Applicant respectfully requests that the Board find that the special
permit criteria and grant a special permit for the proposed work as shown on the submitted plans.