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HomeMy WebLinkAboutSummary of Reasoning (31 Grist Mill Lane, WY)1 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 31 Grist Mill Lane, West Yarmouth SUMMARY OF REASONING John-Patrick Python and Julia F. Loughman [collectively “Applicant”] own the property at 31 Grist Mill Lane in West Yarmouth [“Property”]. The Property, which is located in the R-25 Zoning District, is located at the end of Grist Mill Lane bordering a salt marsh and Mill Creek. The Property is improved with a one-story, single-family dwelling that is pre-existing nonconforming as to right side and rear setbacks. The Property is pre-existing nonconforming as to lot size and frontage. The Applicant proposes to raze the existing dwelling and replace it with a flood-compliant, less nonconforming dwelling that will have a partial second floor. There will be no change in the number of bedrooms on the Property. In reviewing the special permit request, the Board may grant a special permit if it finds that the proposal will not cause, create or contribute to any undue nuisance, hazard or congestion and that 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 proposal complies with the special permit criteria and will not only not be substantially more detrimental or nonconforming, but will be a substantial benefit, because: 1. The Property will continue to be used for a permitted, single-family dwelling use; 2. The pre-existing nonconforming rear setback (16.5 ft.) will be eliminated, and the proposed rear setback will be conforming (23 ft.); 2 3. The pre-existing nonconforming right-side setback (6.4 ft.) will be improved with a proposed side setback of (7.2 ft.); 4. The front and left-side setbacks will remain conforming; 5. Building coverage will remain conforming (25% allowed, 22.3% proposed); 6. The replacement dwelling with a partial second story will remain conforming in height (35 ft. allowed, 34.9 ft. proposed); 7. The replacement dwelling will be elevated to comply with floodplain regulations, thereby eliminating the existing nonconforming situation where the long-time house on the Property is below base flood elevation; 8. The Yarmouth Conservation Commission has reviewed and approved the proposal. The supplemental plans being reviewed by the Board of Appeals are those requested by the Commission in its review to better protect the adjacent wetlands; 9. All run-off will be contained on site, and there will be no negative impact on water supply or the environment. The proposal represents a significant improvement to the environment; 10. The Yarmouth Board of Health has reviewed and approved the proposal; 11. The existing paved driveway abutting the salt marsh will be replaced with a pervious driveway located further away from the wetland; 12. The proposal will not impact traffic flow in any way and parking is adequate for the site; 13. There will no negative impacts to artificial light, noise, litter or odor; 14. Utilities will remain unchanged; and 15. There will be no anticipated nuisance, hazard, or congestion in the neighborhood as a result of the proposal. For the above reasons, the Applicant respectfully requests that the Board find that the special permit criteria are met and grant a special permit to allow the proposed work to be completed as shown on the submitted plans.