HomeMy WebLinkAbout3735 112 Breezy Point Decision & ApplicationTOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: March 14, 2002
PETITION NO: #3735
HEARING DATE: February 28, 2002
PETITIONER: Donald Dellorco
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PROPERTY: 112 Breezy Point Road, South Yarmouth
Map: 34 Parcel: 230, (291T47) Zoning District: R25
MEMBERS PRESENT AND VOTING: David Reid, Chairman, John Richards, Joseph
Sarnosky, Diane Moudouris, Richard St. George, Sean Igoe, Alternate.
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 Special Permit per bylaw § 104.3.2 (2) to expand an existing single family
home. The lot on which the home sits is within the R25 zone, and contains approximately 13,500
square feet of gross area.
The existing home is a seasonal, single story two bedroom home, built around 1954 (per the
assessors records). It reportedly contains some 726 square feet of interior habitable space. The
proposed alterations consist of an addition of a second floor (partial), to contain one room of
approximately 437 square feet; and to replace an existing ground level deck with a new deck,
including a second story deck off of the proposed new room. The new upper deck would be 10, x
I T (exclusive of the stairway).
The Board finds that the existing building and property are non -conforming in several respects.
Notably, while the lot is reported to be 13,500 square feet, it appears that only approximately
one-third of that is actually upland. The lot appears to have no actual frontage, touching the
public way only at one point (per the applicant's plan). The house is as little as 2.5' from its
abutting lot on the west, and 6. P on the east. Each adjoining lot is developed with a similar
cottage also located in the general vicinity of the petitioner's cottage.
The neighborhood is defined principally by similar one story small seasonal cottages. A few have
been enlarged and a few have second stories. However, they remain the exception. The Board
fords that the addition of a second story, and a proportionately substantial enlargement of this
dwelling, will change its character and impact on the already congested (by current standards)
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neighborhood. Further, the conversion of this and/or the other similarly situated seasonal type
cottages, to year round single family homes, would also be substantially more detrimental to the
immediate neighborhood and to the town. Lots of this size are not intended, nor capable, of
supporting such intensive use, without resulting in neighborhood congestion which will be adverse
to the neighborhood and contrary to the intent and purpose of the bylaw.
Accordingly, a motion was made by Mr. St. George, seconded by Mr. Sarnosky, to deny the
petition. The members voted unanimously in favor of the motion. The petition is therefore
denied.
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.
David S. Reid, Clerk
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TOWN OF YARMOUTH
BOA OF APPEALS
)A' A' 1' APPLICATION FOR HEARING
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Appeal #: 3 1 S3 5 Hearing Date: '2/aS 0 Fee$ (O 3.7
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Name- including d/b/a) j
Applicant:
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(Address) (zip) (Telephone Number)
and is the (check one) [ Owner ❑ Tenant ❑ Prospective Buyer ❑ Other Interested Party
Property: This application relates to the property located at: I I a B R,-,ry
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which is also shown on the new Ass6ssoies Map: .3
as Parcel: 3b (old Map & Lot #) aaj Zoning District: A 2- s
Project: The applicant seeks permission to undertake the following construction/use/activity :(give a brief
description of the project. i.e.: "add a 10' by 15' deck to the front of our house" or "change the use of the existing
building on the property"):
RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals:
I ) REVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING
ADMINISTRATOR dated (attach a copy of the decision appealed from). State the reason for
reversal and the ruling which you request the Board to make.
2) SPECIAL PERMIT under § �� �/ �. (.%� of the Yarmouth Zoning By-law and/or for a use
authorized upon Special Permit in the "Use Regulation Schedule" §202.5 /-?— /
3) VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is
requested, and, as to each section, specify the relief sought:
Section:
Relief sought:
Section:
Relief sought:
Section:
Relief sought:
ADDITIONAL INFORMATION: Please use the space below to provide any additional information which
you feel should be included in your application:
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FACT SHEET
Owner of Property (if other than applicant) De -I I o v2O o
(Full Name)
{ Address) (Telephone Number)
How long has the owner had title to the above premises:
(Give title reference if available)
Use Classification: Existing:§202.5 # /�
Proposed: §202.5 #
Is the property vacant:
How long has it been vacant:
Lot Information (if available) Area: � 3 l I _� , b-M _ Subdivision/Plan Reference
Is this property within the Aquifer Protection Overlay District: Yes
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Other Department(s) Reviewing Project: Indicate the other Town Departments which are/ have/ or will review
this project, and indicate the status of their review process: ac A h - o tic
Repetitive Petition: Is this a re -application: � o If yes, do you have Planning Board Approval:
Prior Relief: If the property in question has been the subject of prior application to the Board of Appeals or Zoning
.Administrator, indicate the Appeal number(s) and other available information:
Building Commissioner Comments:
Appliqajn VSignaturre/Attorney Signature
Address: & qql
ding Commissioner Signature
Owner's Signature
Site Plan Review
Required Completed
❑ Yes ❑ No ❑ Yes ❑ No
Application.wpd