HomeMy WebLinkAboutlegal opinion 11222 TOWN OF YARMOUTH
1146 Route 28, South Yarmouth, MA 02664
508-398-2231 ext. 1261 Fax 508-398-0836
Office of the Building Commissioner
November 2, 2022
Atty. Paul Tardif,
490 Route 6A
Yarmouth Port, MA 02675
RE: 147 Route 6A response to Legal Opinion
Dear Atty. Tardif,
I provide this response to your legal opinion of October 24, 2022.
The lot at 14,435 sq. ft. appears to be over the minimums required to be protected with a couple of
caveats. Looking at 104.3.4 #4 one of the two criteria following apply.
1. The lot is over the minimum 8500 sq. ft. and has 50' of frontage and the records do not
indicate that the lot has been held in common ownership with any adjoining or abutting lots.
2. The second criteria of 104.3.4 #4 states that the lot must contain at least 10,000 sq.ft. and
have more than the 75' of frontage required to be considered protected per this section. This
section also has other required criteria to be considered pre-existing, non-conforming.
It is my understanding that the lot has not been held in common ownership with adjoining lots and
appears to qualify for protection under the first sentence of section 104.3.4 #4 in relation to the 8500
sq. ft. dimension required and requisite frontage.
147 Route 6A may have had a structure in the 1800's, however this will be difficult to prove.
More research would be needed to indicate the lot had been developed.
The variance granted in Decision#1305 is a use variance. The variance has 4 conditions as you are
aware and does not expressly grant relief from required setbacks as noted below:
1. The residence is to be owner occupied
2. The shop is to be owner occupied
3. The office is to be used for professional purposes only and is not to be rented. It is to be used
solely by the owner of locus. Is not to he rented. It is to be used solely for professional
purposes by the owner of the premises only.
4. All setback requirements and parking requirements of the bylaw must be met and proper
access for emergency vehicles must be provided.
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Based on the information provided and the research I have also conducted, it is my opinion that the
lot is protected from merger. The lot may have been developed at one point. Decision#1305 is still
in effect. Any deviations from the original decision from the four conditions will require a
modification to the relief granted and or additional relief to be determined when plans are received.
If yo ave any qu 'ons, I vailable.
ly,
Mark Gryl
Building Commissioner
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C; file
ZBA
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