HomeMy WebLinkAbout3926 37, 41-43 Union St Decision with Plot Plan9
Bk 19440 Ps322 *2855
01-14-2005 a 10221a
TOWN OF YARMOU M
BOARD OF APPEALS
FILED WrM TOWN CLERK: December 1, 20M
PETITION NO. #3926
HEARING DATE: September 23, 2004 & November 18, 2004
PETITIONER: Mark & Barbara Gustafson -Mid -Cape Residential Resource
PROPERTY: 4�7 41-43 Union Street, Yarmouthport
Assessors Map & Lot: 124.8 & 9(10 IA2&3) Zoning District: R40
MEMBERS PRESENT AND VOTING: David Reid, Chairman, John Richards, Joseph
Sarnosky, Sean Igoe, Diane Moudouris.
It appearing that notice of said hearing has been given by sending notice thereof to the petitioner
and all those owners of property deemed by the Board to be affected thereby, and to the public
by posting notice of the hearing and published in The Register, the hearing was opened and held
on the date stated above.
The petitioner seeks a Comprehensive Permit, per Massachusetts General Laws, c.40B, for the
construction of four (4) single-family dwellings on the property, located at 41-43 Union Street,
Yarmouthport, MA The premises are shown on assessor's map 124 as parcels 8 & 9, located
within the R40 zone. The two lots contain approximately 49,180 square feet of area, and two (2)
existing principal structures. The petitioner proposes to demolish the existing structures, divide
the total area into four (4) new lots, and construct four (4) detached single-family homes, one of
which will be sold as an affordable unit, subject to perpetual affordability as provided in a
recorded deed restriction. The petitioners have presented to the Board a Site Approval letter
from the Massachusetts DHCD. The project has been approved as a LIP program.
Each of the proposed lots will be undersiz4 varying in size between 8,798 square feet to 15,219
square feet of upland Each of the homes will contain approximately 1,6W square feet of living
space. Each will be a two story structure. The site will be accessed by a single driveway from
Union Street, which will be shared by all four lots, with appropriate easements to be granted for
this use. The site layout is displayed on the petitioner's site plan, by Dimarest McLellan
Engineering, dated August 30, 2004.
The building designs are shown on the petitioner's proposed architectural plans, by Mark
Gustafson and Joyce Cummings (Architect), dated March 12, 2004. The said plans (site and
architectural) are incorporated herein by reference. As proposed by the petitioner, Unit 1, the
affordable unit, will be a 3 bedroom home, of 1,600 square feet. Unit 2 will be a 3 bedroom
home of 1,600 square feet. Unit 3 will be a 3 bedroom home of 1,680 square feet, and Unit 4
will be a two bedroom home of 1,400 square feet.
Concerns were expressed by neighbors and Board members for the density of the development,
and its resulting set -back non-compliance, close proximity within the site of the proposed
structures, and traffic entering the adjoining public way.
At the request of the Fire Department, the common driveway entrance has been widened, as
shown on the site plan dated, August 30, 2004. The driveway will be hardened with crushed
shells, and will be maintained at the widths shown on the plan, to assure effective emergency
vehicle access.
The Board finds that the project, generally, is consistent with local need, and qualifies for the
requested Comprehensive Permit, with certain conditions and qualifications. The
Comprehensive Permit will include waivers of (1) lot area minimum requirements, and (2) front,
side and rear setbacks, (zoning), along with approval of the building designs under the Old Kings
Highway Regional Idistoric District Act and approval of the new subdivision plan. No other
waivers are to be implied or inferred hereby.
A motion was therefore made to grant the Comprehensive Permit, as requested and as recited
above, upon the following additional conditions and qualifications:
1) The affordable unit shall be an owner -occupied unit, with a deed rider and restriction
reciting that it is to remain affordable in perpetuity, and the affordable price restriction
shall survive foreclosure and bankruptcy. The monitoring agent will be the Town of
Yarmouth or its designee. The Board will review and approve the final provisions of
these documents;
2) All of the units (affordable and market rate) shall be considered to be subject to the
Comprehensive Permit, since all 4 units shall exist only by virtue of this Comprehensive
Permit. Accordingly, the Board grants this Permit on the premises that all four (4) units
will count toward the Towns quota of affordable units, as mandated by MGL c. 40B.
The deeds to all four (4) properties shall reference the Comprehensive Permit and recite
that the property remains subject to this Comprehensive Permit;
3) The petitioner's shall make the following revisions to the site plan, and submit it for
approval of the Board Provided the voting board members are satisfied that the revised
plan conforms to this decision, no further hearing thereon shall be required, and the
petitioners and Building Inspector shall receive signed copies of the plan;
a) Along the northerly boundary, between the easterly edge of the driveway and the
location of the proposed stone wall, the petitioner shall install and maintain a
stockade fence not less then 6' tall, to protect the abutters from headlights of
vehicles and the visual impact of the adjoining house and use.
b) Along the southerly boundary, the petitioner shall install and maintain a stockade.
fence, not less then 6' tall, from where the driveway turns toward Lot 4, (at the
easterly end), back to the rear (westerly) corer of the house on Lot 4. Where
such a fence currently exits, the existing fence may be utilized to meet this
requirement.
c) The houses on Lot 1, 2, and 3, shall be re -orientated, so as to achieve at least a 20'
setback from the northerly most lot line of the site, and to achieve as close as
2
• . 10
possible to a 20' separation between the homes on the lots. The house on Lot 1
may be rotated so as to face southerly, but the homes on Lots 2 & 3 shall remain
orientated with this front's toward Union Street.
d) The stone wall on Lots 1, 2, and 4 is represented to be for decorative and
delineations purposes only. It is not a retaining wall, and no significant changes
in the grade of the site are proposed. All heights of the structures are to be
measured from the existing natural grade.
4) As represented, the entire site will be serviced by the single common driveway shown on
the site plan. No additional driveways or vehicle access form the lots to Union Street
shall be permitted Appropriate driveway easements shall be provided for the lots, and
this restriction shall apply to all four (4) lots;
5) The homes, being built pursuant to c.40B, are not to be considered pro -existing non-
conforming dwellings. No additions or changes to the structures may be made beyond
that described in this decision, without first receiving fluther relief from the Board of
Appeals;
6) The "office" shown on some of the floor plans is to be for home use only, and is not to be
an office for any business or commercial use. The basements of the homes are to remain
unfinished basement areas, and are not to be improved with interior residential features as
to make them suitable for domestic residential use, other than traditional basement
storage. The porches shown on the plans are to remain open porches, and shall not be
enclosed or heated or converted to habitable space. No increase in the number of
bedrooms shall be permitted;
T) Prior to the commencement of the construction of the homes, the petitioner shall verify
that the ground conditions are in fact suitable for the construction of the basements as
proposed, without encountering concerns for future water intrusion. The petitioner shall
provide this verification to the Building Commissioner, to his satisfaction.
8) No relief from any other local regulations or bylaws is to be inferred from this decision,
beyond the relief that is expressly granted. The petitioner shall segue all other necessary
approvals under state law including to the Wetland Protection Act, State Sanitary Code,
and State Building Code.
9) The petitioner shall prepare the final documents necessary to implement this decision,
including a Subdivision Plan, a revised Site Plan and revised Deed Restriction and
Monitoring Agreement. The Board A" approve such documents and plans prior to
issuance of any building permits. Upon approval the Sub -division Plan, Deed Rider,
Deed Restriction and the Comprehensive Permit, shall be duly recorded at the Barnstable
Registry of Deeds and proof of such recording shall be filed with this Board and the
Building Inspector's office.
10) During the course of the hearings, concerns were expressed for the existence on the site
of a Civil War era gravesite. However, this fact, and its likely location, could not be
verified. The petitioner acknowledged its obligation to cease excavation if a grave is
located during construction and to notify the appropriate authorities. In addition, the
petitioner will, prior to the commencement of excavation, contact Mitch Mulhern, of the
3
University of Massachusetts, Amherst, and request assistance in performing a reasonable
site investigation for any potential grave on the premises and preserve or relocate any
remains that are located.
11) The petitioner will add 1" x 2" wood strips to the rake boards on the homes to make
them more in keeping with the homes in the ITistoric District, and will comply with the
recommendations of the Old Kings Highway Committee, as set forth in its letter to the
Board of September 20, 2004.
Upon the forgoing motion, made by W. Igoe and seconded by W. Richards, the Board members
voted unanimously in favor.
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 c40B section 22 and must be filed within 20
days after filing of this noticeldocision with the Town Clerk. Unless otherwise provided herein,
the Comprehensive Permit shall lapse if a substantial use thereof has not begun within 36
months
David S. Reid, Clerk
9
PCL it '---
s�.q0.
LOT , 19CI�On�1/f
PCL 27.1 -
N '
0
LOT 2
LOT 4
20,007t SF.
(0.46t AC.) -
LOT 3
PCL 28
qb'%'` PCL 7
\ 'D
PCL 6
PCL 29
CERTIFIED PLOT PLAN
LOCUS : 43 UNION STREET
YARMOUTH. MA
REF : PLAN BOOK 601 PAGE 43
PLAN PREPARED FOR :
MARK & BARABARA GUSTAFSON
SCALE :
1'=40'
DATE :
11/29/05
REV:
11/30/05
ASSESSORS
MAP:
124
PARCEL :
8
& 9
I HEREBY CERTIFY THAT THE STRUCTURE
SHOWN ON THIS PLAN IS LOCATED ON THE
GROUND AS SHOWN HEREON.
JOB No. 05205 FILE-05205L4C.DWG
it/3o os
DATE
FELCO, INC.
ENGINEERING / LAND SURVEYING
P.O.BO% 1366
ORLEANS, MA 02653
(508) 255-8141
(FAX) 255-2954
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