HomeMy WebLinkAbout4992 103 River St Decision TC 03.02.23YARMIGUITH TOWN CLERK
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: March 2, 2023
PETITION NO: 4992
HEARING DATE: January 26, 2023
PETITIONER: William A. Hearn, Trustee of the River Street Nominee
Trust
PROPERTY: 103 River Street, South Yarmouth, MA
Map 43, Parcel 5
Zoning District: RS-40
Title: Document 1,465,001 on Certificate of Title No.
230745 (Lots 2 and 7 on Land Court Plan 15857)
MEMBERS PRESENT AND VOTING: Chairman 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 Applicant seeks a Special Permit per §407.2 and/or per §202.5 A-1 and A-10 to create a
family -related accessory apartment and a Special Permit per § 104.3.2(2) to encroach in side
setback on a pre-existing, nonconforming structure.
The Property is located in the RS40 Zoning District and is improved with a two-story single-
family structure having 4 bedrooms and 2 baths, and constructed in approximately 1785, on a lot
containing 14,461 square feet of area. The Applicant also owns a lot across River Street, along
the Bass River, which is currently undeveloped, consisting of 8,404 square feet, and which is not
the subject of any relief sought tonight. The lot is technically a corner lot, and as such, has 2
front yard setbacks and 2 side yard setbacks. The existing structure encroaches slightly into both
front yard setbacks, and into one side setback by 14 feet. Lot coverage is 179%.
The house is historic and is listed on the National Register of Historic Places. The Applicant has
been to the Yarmouth Historical Commission for permission to demolish sections of the house,
leaving the most historic front section on River Street. At their meeting in September of 2022,
the Commission unanimously approved that request. The proposal was also presented to the
Conservation Commission in December of 2022, which issued an Order of Conditions for the
work.
The Petitioner proposes to demolish the existing structure, other than the historic front section
referenced above, and to construct a 2 story, 3-bedroom single family dwelling, along with a one
bedroom family related accessory apartment, located in the rear portion of the first and second
floor. The structure will comply with all existing setback and other bulk requirements, with the
exception of a landing and 2 stairs leading from the intended accessory apartment. That landing
will encroach by 1.9 feet into that side setback on the north side of the property. This is the only
relief that the applicant is seeking regarding the new structure, and it is hardly detrimental to the
neighborhood, nor will it be an undue nuisance, or cause hazard or congestion.
The Board then considered the request for a Special Permit to allow the creation of the family -
related accessory apartment. Petitioner submitted an architect stamped square footage
calculation showing that the apartment would contain 791 square feet, a calculation which was
confirmed by the Yarmouth Building Commissioner. Petitioner also demonstrated that he
complied with the other requirements for relief, as outlined in Zoning Bylaw Section 407.2. The
Board agreed that the requirements of Section 407.2 of the Bylaw have been met, and that the
issuance of the Special Permit for the creation of a family related accessory apartment will not
result in undue nuisance, hazard or congestion and that there will be no substantial harm to the
established or future character of the neighborhood or town.
Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Neitz, to grant the request for
the Special Permit, as requested, without conditions. The members voted unanimously in favor
of the motion.
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, Chainnan