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Home My WebLink AboutBOA 4906 Bk 34508 Pg81 #62973 , 09-27-202.1 @ 11 :. 06a o Y'13k RlECLolED •� TOWN OF YARMOUTH : ,' ; G BOARD OF .APPEALS SE� Z1 V. ' •;"; DECISION ' xk '._'.e %t • BUILDING DEPARTMENT FILED WITH TOWN CLERK: September 2, 2021 PETITION NO: 4906 HEARING DATE: July 22,2021 PETITIONER: Kevin M. Donahue and Carol Porter Donahue PROPERTY: 45 Mooring Lane,South Yarmouth,MA Map 101,Parcel 13 Zoning District: R-40 Title: Book 27057,Page 115 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Richard Martin, Tom Baron, and Jay Fraprie_ 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 Register, the hearing opened and held on the date stated above. The Petitioner's property is located at 45 Mooring Lane, South Yarmouth, Massachusetts. The Petitioner acquired title to the property by a deed dated January 18, 2013 recorded in the Barnstable County Registry of Deeds in Book 27057, Page 115. The property is located in the R-40 Zoning District. The Petitioner seeks a Special Permit pursuant to Zoning By-Law Sections 103.2 and 407.2 to allow for the construction of an attached family-related accessory apartment. The Petitioner is also seeking a Variance to Section 407.2 of the Zoning By-Law to allow for construction of a family-related accessory apartment containing 1 bedroom and 1 i_ bathrooms totaling 1,375 square feet, exceeding the maximum allowed square footage for a family-related apartment of 800 square feet as set forth in Section 407.2 of the Zoning By-Law. The Petitioner, through their representatives, made a presentation to the Board of Appeals and presented evidence establishing how the proposed project complied with all the requirements for issuance of a Special Permit set forth in Section 103.2 of the Zoning By-Law and all the ti4ita.enttdiiht,44, requirements set forth in Section 407.2 except Section 407.2 7 which limits the size of an accessory apartment to 800 square feet. A TRUE COPY ATTEST: MAW/` i TOWN CLERK SEP 2 3 2021 t• Bk 34508 Pg82 #62973 The Petitioner also presented evidence establishing compliance with the Standards and Requirements specific to family-related accessory apartments as set forth in Section 407.2.1 of the Zoning By-Law. Next, the Petitioner through their representatives, addressed how the proposed family-related apartment meets the criteria for granting a Variance set forth in Section 102.2.2 of the Zoning By- Law. Upon completion of the Petitioner's presentation, the Chairman of the Zoning Board asked if anyone from the public was present to speak either in favor of the requested relief or in opposition. No one spoke in opposition. An e-mail from the Landing Homeowners Association Board of Directors in favor of the requested relief was read into the record. There were no other comments from the public and the Chairman closed public comment. The Zoning Board commenced Board discussions of the merits of the Petitioner's request for a Special Permit. After much deliberation,it was decided that the project proposed was not eligible for a Special Permit because the total square footage of the accessory apartment exceeded the maximum square footage allowed under Section 407.2 7. The Petitioner then withdrew, without prejudice,the request for a Special Permit. Next,the Zoning Board deliberated the merits of the Petitioner's request for a Variance. Section 102.2.2 of the Zoning By-Law sets forth the criteria that must be met by the Petitioner in order for the Zoning Board to grant a Variance. The Zoning Board discussed the criteria and the evidence presented by the Petitioner. The criteria set forth in Section 102.2.2 of the Zoning By-Law and the Board's findings are as follows: I. literal enforcement of the provisions of this bylaw would involve a substantial hardship financial or otherwise,to the petitioner or appellant. A literal enforcement of the provisions of the by-law would involve substantial hardship to the Petitioners. The purpose of the family apartment is to provide a place for a member of Petitioner's family to live and to have him close enough so Petitioner can assist with caring for his future needs. The family member is mostly ambulatory with a walker as of now but it is anticipated he will be wheelchair bound in the future. The apartment has been designed with his future needs in mind. Limiting the apartment to the 800 square feet allowed will not allow for adequate room for the intended occupant to be able to maneuver comfortably around the apartment. 2. The hardship is owing to circumstances relating to the soil conditions,shape or topography of such land or structures and especially affecting such land or structures,but not affecting generally the zoning district in which it is located. The hardship is owing to the topography of this lot. There is a significant drop in the topography of the lot from where it fronts on Mooring Lane down to-the waters of Bass UE ATTEST: . -OM) !TOWN CLERK CCD r+ a wewa • Bk 34508 Pg83 #62973 River. The Zoning By-law requires accessory apartments to be built to the side and rear of the main residence to keep the appearance of a single-family residence. As a result, the apartment,although on the first floor of the main house, is elevated over the backyard A lift has been added to the apartment to allow the occupant to have access to the Iower level of the property. The apartment is designed to allow freedom of movement by someone who is wheelchair bound. Doors,hallways and rooms had to be enlarged to accommodate wheelchair movement. The apartment had to be designed to expand horizontally, not vertically, because the occupant cannot reach above his head. Kitchen cabinets,washer and dryer, etc. cannot be stacked above and below each other but must be side by side. The need for the lift combined with the handicap accessible design create the need for the variance. 3. Desirable relief may be granted without either: substantial detriment to the public good; or nullifying or substantially derogating from the intent or purpose of this by-law. The Zoning Board found that desirable relief can be granted without either substantial detriment to the public good or nullifying or substantially derogating from the intent or purposes of the by-law. A new Title V has been designed and located further away from the protected resource— Bass River. The one-bedroom apartment will generate minimal traffic. The apartment has been designed by an architect and located to the side and rear of the house protecting the appearance of the building as a single-family residence as required by the Zoning By- law. The lot contains 68,875 square feet and the existing house contains 2,618 gross square feet. The property could easily accommodate the apartment as an "as of right"addition if it were not designed to be a self-contained separate living unit. Accordingly,a motion was made by Mr. Baron, seconded by Mr. Martin, to grant a Variance, as requested, with the following condition: 1. The Petitioner will comply with the Order of Conditions issued by the Town of Yarmouth Conservation Commission. Roll call vote was taken on this Motion with the following results: Mr. Martin - In Favor Mr. Baron - In Favor Mr. Igoe Opposed Mr. DeYoung - In Favor Mr. Fraperie - In Favor Accordingly,the Variance was approved on a 4-1 vote in favor. A TRUE COPY ATTEST W1247.A1,44-x“Ii4 MR; TOWN CLERK SEP 2 3 2021 •-•• , 0, VI Bk 34508 Pg84 '#62973 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) )6=.,-S Steven DeYoung, Chairman CERTIFICATION OF TOWN CLERK I, 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 #4906 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. tiAtta-Flif4g1N-44 Mary A. Maslowski • SEP 2 3 2021 w Bk 34508 Pg85 #62973 Z�; ) 1,, COMMONWEALTH OF MASSACHUSETTS t ` 'S.% TOWN OF YARMOUTH r BOARD OF APPEALS tS Appeal#4906 Date: September 23, 2021 Certificate of Granting of a Special Permit (General Laws Chapter 40A, section 1 1) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: Kevin M. Donahue and Carol Porter Donahue 45 Mooring Lane South Yarmouth, MA 02664 Affecting the rights of the owner with respect to land or buildings at: 45 Mooring Lane,South Yarmouth; Map & lot#: 101.13; Zoning District: R-40; Book/Page: 27057/115 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 he paid by the owner or applicant. � ree ).., Steven S. DeYoung, Chairman A TRUE COPY ATTEST; TuAtt,.a.At,iltit4-4,6f t: ,:1 Y:- ''7 TOWN CLERK JOHN F. WE,2R 2Ptt• BARNSTABLE COUNTY REGISTRY OF DEEDS PwrwrvWl A RF.C(1ranTn F.r.wnmpnp.ITCAr.r.P r 1 JOHNW. KENNEY RECEIVED ATTORNEY AT LAW 12 CENTER PLACE 1550 FALMOUTH ROAD SEP 0 zr72f CENTERVILLE, MASSACHUSETTS 02632 __ B UILDING DEPgRTMENT PHONE: 508-771-9300 ___ FAX: 508-775-6029 September 27, 2021 Town of Yarmouth Building Department 1146 Route 28 South Yarmouth, MA 02664-24451 Attention: Kristin Clarke, Administrative Assistant Re: Petition No. 4906 Kevin M. Donahue and Carol Porter Donahue 45 Mooring Lane, South Yarmouth, MA Dear Kristin: Enclosed please find a copy of the recorded Decision in connection with the above Petition. Ve tr t ly yours, ' ilk \A ( A-',/(____' Deborah A. Hebditch Paralegal ldah Enclosure