HomeMy WebLinkAbout03-09-22 Letter from BC Grylls to Attorney TardifTOWN OF YARMOUTH
1146 Route 28, South Yarmouth, MA 02664
i.
508-398-2231 ext. 12.61 Fax 508-398-0836
Office of the Building Commissioner
March 9, 2022
Atty. Paul Tardif,
490 Main St.
Yarmouth Port, MA 02675
RE: 6 Merrymount Rd. Lot Inquiry
Dear Atty. Tardif,
This letter is the follow up to my email as requested. I have reviewed your analysis "regarding the lot
inquiry form produced by then Dep, Building Commissioner, Jim Brandolini on Jan. 21, 2021. The
compilation of information was very helpful.
The circumstances regard this parcel compared to the other mentioned in your letter are certainly
different. Each request for relief is determined based on its own merits as decided by the ZBA.
Thank you for taking my call regarding this matter on February 23, 2022. During the course of our
conversation we questioned the relevance of the 1961 date and how it affected Mr. Brandolini's 2nd
determination.
I did spend several days sorting through the information on file as well as your information
provided. I have also discussed the matter with Town Counsel and have come to the following
conclusion:
Mr. Brandolini did conclude in his initial review of a lot determination in 2018 that the lot was
protected from merger per section 104.3.4(2) of the zoning bylaw.
In January 2021, a follow up Lot Determination Form was submitted to this office and upon further
review by Mr. Brandolini, the determination was made that the lots are deemed merged. The reason
for merger is as follows:
The minimum lot size of 10,000 sq. ft. required by the zoning bylaw was increased in March of
1960. The lot was indeed purchased after this date in January of 1961, 9 months after the minimum
lot size requirement increase.
It was at this time that the lots did become merged in my opinion.
I cannot locate any language in either the 1958 or the 1961 zoning bylaws that granted protection of
pre-existing, non -conforming lots as is written in the current zoning bylaw.
You have the right to appeal this decision and or seek relief with the ZBA in accordance with MGL
40a §8,and §15.
If you have any questions I am available.
Vet Tiuly,
Mark Gry is
Building Commissioner
C; file
Town Counsel
ZBA
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