HomeMy WebLinkAbout5053 - 21 Lewis Bay Rd - Letter of Opposition 25053 — 21 Lewis Bay Road
From: Cynthia and Mike Micale
Sent: Saturday, September 16, 2023 10:03 AM
To: dfallon@yarmouth.ma.us
Dear members of the Yarmouth Zoning Board of Appeals,
RECEIVED
E
EP 19 2023
YARMOUTH
BOARD OF APPEALS
We are writing to strongly oppose petition 5053 for a special permit and/or variances for a proposed new house on 21
Lewis Bay Road, West Yarmouth, on your meeting agenda for 6:00 pm on Thursday, Sept 28, 2023. We have lived at 23
Lewis Bay Road for nearly 25 years and are the abutters on the right side. It is important to note that we are friends with
the applicants and do want them to be able to rebuild their house, but just in a responsible and considerate manner. We
are not against them rebuilding in general, and we like having them as neighbors.
However, we do not think the proposed 5 bathroom, 3 story, likely 5+ bedroom house with a roof deck nearly 40 feet
tall, on a 6500 square foot lot, is appropriate, nor do we think that the special permit and/or variances should be
granted to help enable this. The proposed house is not consistent with the character of our neighborhood and it is
entirely inconsiderate of the privacy of the neighborhood. Nearly all of us have lots that are about 6500 square feet and
a roof deck on top of the proposed 3 story house peers into at least 6 of our yards and removes the very small amount
of privacy we have. There is no precedence for this type of roof deck on our streets with tiny lots and it would certainly
be the largest and most invasive structure around us.
As stated on your website in order to be granted a special permit the applicant needs to demonstrate that "no undue
nuisance, hazard, or congestion will be created and that there will be no substantial harm to the established or future
character of the neighborhood nor of the town" and to be granted a variance "The applicant must show a hardship
imposed by the bylaw which is caused by a unique condition of the lot, or structure, and the hardship is owing to
circumstances relating to the soil conditions, shape or topography of the land or structure and especially affecting the
land or structures, but not affecting generally the zoning district in which it is located." We think that the proposed
structure will be detrimental to the character of our neighborhood and also create undue congestion, and we do not
think that there is any hardship imposed by this typical rectangular lot that is identical to many of ours. In our opinion,
approval of this special permit and/or variances only allows the applicant to build a house that is much too large for the
lot and neighborhood and removes privacy for us. Several our neighbors have rebuilt their cottages into full 2 story
houses (27 Lewis Bay Road and 15 Lewis Bay Road) and they have respected the privacy and character of the
neighborhood and all of us were supportive of their efforts.
As right -side abutters we are viewing the largest proportion of mass and it is proposed to be built as close as possible
to our property line. We will view the entire 3 stories (garage, 2nd floor, 3rd floor), the roof deck on top of the house, and
an outdoor staircase leading up to the roof deck. Of note is the fact that the P floor appears to be habitable as it
contains a bathroom and other rooms that may be used as additional bedrooms. This very large and tall structure is
imposing and unpleasant.
We were initially shown these house plans on Monday, September 4, and immediately conveyed our concerns with
this large structure. Yet our issues were ignored entirely, and the plans were submitted as is to the town on Tuesday,
September 5. When we were approached by the applicant for a signature of approval for this house (we were never
given a copy of the plans) we were told that the plans were for a modest 3 bathroom, 3 bedroom house, with square
footage similar to twice the existing house footprint (about 1700 square feet). When we were allowed to quickly view
the plans none of this appeared to be true and therefore, we didn't sign to support this petition.
We plead with all of you to not approve this special permit and/or variances and to help us to ensure that this new
house will be of a reasonable size and height and considerate of our neighborhood.
Thank you very much,
Cynthia and Mike Micale, 23 Lewis Bay Road