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Home My WebLink About4993 331 Union St Decision 02.06.23 RecordedBk 35657 Pg88 #7900 02 — 2 $ir�1?ll��Ct FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION February 6, 2023 4993 January 26, 2023 Joseph Kennedy, Trustee of the 331 Union Street Realty Trust PROPERTY: 331 Union Street, South Yarmouth, MA Map 61, Parcel 90 Zoning District: RS40 Title: Book 35486, Page 133 '23s F_B6Pm2:18 RE MEMBERS PRESENT AND VOTING: Sean Igoe, Dick Neitz, Jay Fraprie and Tim Kelley 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 Cape Cod Times, the hearing opened and held on the date stated above. The petitioner seeks a Special Permit to raze and replace an existing single-family home at this property. The petitioner was represented at the hearing by attorney David S. Reid, with representatives of the Trust, Martin Reilly, present, and with the assistance of the Dan Ojala of Down Cape Engineering. The petitioner presented a history of the site and its development. The lot contains 6,749 square feet of area, with 88.67' of frontage. The lot was created in approximately 1947, and was conforming at the time of the construction of the home in approximately 1950. The lot is currently non -conforming as to all building setbacks, lot size and frontage, as well as building coverage. The proposed replacement home would contain 4 bedrooms, and would be positioned substantially in the existing footprint. No new non -conformities would be created. Only the westerly side setback would be decreased. Front and rear setbacks would be improved. Overall building coverage would also be reduced slightly. The new structure would be taller, at 34.3', but would remain conforming to the current limits. The proposed structure would be fully flood -code compliant, which causes the height to increase substantially. The existing septic system has the capacity to accommodate the proposed 4 bedroom home without the need for an upgrade. The A TRUE COPY ATTEST: • &4&)t'C44 CMMC CMC / TOWN CU_-�:X FEB 2 8 2023 Bk 35657 Pg89 #7900 applicant represents that the project has recently received approval from the Conservation Commission. One letter of opposition was received from Louise S. Houston of 15 Pleasant Street, questioning the impact on the river during demolition and construction. Mr. Robert Kittila of 319 Union Street expressed concern that the project was an investment, not to be the family home of the applicant, and for past parking in the adjoining way. Mr. Robert Kelley of 49 Pleasant Street expressed concern for the preservation of historical significance of the area and past site improvements. No other neighbors voiced concern for the project. Members of the Board addressed their concerns for the petitioner's request, including that the house is proportionately large for the modest size lot, and echoed the neighbors' concerns for past issues of parking in the street and town way to water. The petitioner indicated that he would be willing to accept a condition that there be no parking in the street by the occupants of the house, and to reduce the number of bedrooms to three, which is the existing number, by converting the bedroom above the garage to an office area. This would help to address concerns expressed for increased volume of use and traffic and parking. After deliberations, the Board finds that the proposed replacement of the home would not be substantially more detrimental to the neighborhood, noting that the new house would be fully flood -code compliant, that the Conservation Commission has approved the project with conditions to protect the river and wetlands, that the existing non -conformities are not being significantly increased and that several of the existing dimensional non -conformities are being moderately improved, that no new non -conformities are being created, and that the house will be conforming to the style and size of similar homes in the area. The Board also notes that there was no opposition to the project from the closest neighbors, and that given the existing conditions, neighborhood site lines and views (including through the Way to Water) would not seem to be unreasonably impacted by the proposed structure. A motion was made by Mr. Neitz, seconded by Mr. Fraprie, to grant the requested Special Permit and to find, pursuant to bylaw section 104.3.2, that the proposed replacement of the home would not be substantially more detrimental to the neighborhood or town, on the following conditions: 1) The replacement home will contain only three bedrooms, and the applicant will file with the Board a revised floor plan showing this modification, 2) The owners and occupants of the home will not be permitted to park vehicles nor store their docks in the layout of the adjoining street / town way -to -water. The members voted unanimously in favor of the motion, 4-0. The petition was therefore granted. A TRUE COPY ATTEST A;4e Ntdh>� CKIAC / CMC / TOWN CLEKK FEB 2 8 2023 Bk 35657 Pg90 #7900 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) Sean Igoe, Vice Chair CERTIFICATION OF TOWN CLERK 1, 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 #4993 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. 10astowski FEB 2 8 2023 A TRUE COPY ATTEST: ��Atw - FEB 2 8 2023 Bk 35657 Pg91 #7900 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 4993 Date: February 27, 2023 Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: Joseph Kennedy Trustee of the 331 Union Street Realty Trust Affecting the rights of the owner with respect to land or buildings at: 331 Union Street, South Yarmouth, NIA Map 61, Parcel 90; Zoning District: RS40; Title: Book 35486, Page 133 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit, and copies of said decision, and of all plans referred to in the decision, have been filed. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) and Section 13, provides that no Special Permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. Sean Igoe, Vice Chair A TRUE COPY ATTEST: �Qe- Fw&�f BARNSTABLE Q-0UORRY OF DEEDS RECEIVEDFa`.aQZC D TRONICALLY