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HomeMy WebLinkAbout2918A ANR Planner Report 120123 w attach T O W N O F Y A R M O U T H 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4492 Telephone (508) 398-2231, Ext. 1276, Fax (508) 398-2365 MEMORANDUM To: Planning Board From: Kathy Williams, Town Planner Date: December 1, 2023 Subject: Planner Report for ANR Plan #2918A 32 & 40 Old Church Street, Yarmouth Port, Assessor Map 133, Parcels 49 & 50 Please find attached application Form A and ANR Plan #2918A submitted for 32 & 40 Old Church Street, Yarmouth Port, Assessor Map 133, Parcels 49 & 50. Both lots are owned by Francisco and Karen DaFonte. The ANR Plan adjusts the lot lines between two (2) parcels, one of which is non- conforming. The submission was complete and included the required fee, Form A, ANR plan, and the appropriate number of copies. A mylar will need to be brought to the meeting. The ANR Plan is entitled, “Plan of Land in Yarmouth, MA #32 & 40 Old Church Street, prepared for Francisco C. & Karen M. DaFonte”. The Plan was prepared by Donald T. Poole, PLS, of Outermost Land Survey, Inc., and is dated and stamped November 28, 2023. As the ANR Plan involves the redivision of a non-conforming lot which will remain non-conforming after the redivision, the Building Commissioner has determined that Section 104.3.5 of the Zoning Bylaw applies, and a Special Permit is required. It is highly preferred that applicants go through the Special Permit process first so the book and page of the recorded Decision can be included on the ANR Plan to avoid any future confusion or issues. However, the owner’s Attorney, Paul Tardif, has indicated he does not agree with the Building Commissioner’s determination and will be appealing it to the ZBA. The applicant has moved forward with the submission of the attached ANR Plan for endorsement to the Planning Board. Endorsement of ANR Plans does not mean the lots created meet zoning requirements. Documentation of this issue will be included in the Town’s property files and may impact any future additions or modifications to the structures on the property. This application was received on November 29, 2023, and a decision is required by December 19, 2023 to remain within the 21-day statutory requirements. This project has been placed on the Planning Board Meeting Agenda for December 6, 2023. Planner Suggestion: Due to the limitations of ANR Plans and the few requirements needed for endorsement, this ANR Plan can be endorsed. Recommend the Planning Board make a motion to endorse ANR Plan 2918A prepared by Outermost Land Survey Inc., dated November 28, 2023. Attachments: Section 104.3.5 of the Zoning Bylaw, Form A, and ANR Plan 2918A Planning Division EXCERPTS FROM YARMOUTH ZONING BYLAW (111522): 104.3.5 Other Adjoining Non-conforming Lots 1. Purpose: The purpose of this sub-section is to provide for the orderly, efficient, and appropriate combination and/or re-division of multiple non-conforming lots where there is insufficient land to permit the resulting lot(s) to comply with the current dimensional requirements of the Bylaw. The procedures and relief authorized herein are intended to be considered in conjunction with, and not in place of, any other procedures with which the petitioners must comply, including those of the Subdivision Control Law and the Rules and Regulations of the Planning Board. It is the intention of this sub-section to accomplish maximum feasible compliance with the intent and purpose of the current zoning bylaws where full compliance is not possible but where development of the available land may otherwise be accomplished without substantially derogating from the intent and purposes of the bylaws. 2. When the owner or owners of abutting lots, whether or not any of such lots are currently developed, wish to combine or redivide such lots, but where one or more of the existing lots do not conform to the current dimensional requirements, and where one or more of the resulting lots will not conform to the current dimensional requirements, such combinations or redivisions may be allowed by Special Permit from the Board of Appeals, upon the following conditions (also see Section 104.3.5, paragraph 5 for other applicable provisions): A. the combination or re-division does not increase the number of non-conforming individually buildable lots over the number of such lots as presently exist; B. the combination or re-division shall not increase any pre-existing non-conformity nor create any new non-conformity as to any existing structure or use of the lots involved or affected by the combination or re-division; C. if more than one adjoining vacant, non-conforming lot is created by, or is the result of the combination or redivision, it/they may be approved for construction of a single family residence thereon provided that each lot: (1.) is substantially less non-conforming than the pre-existing lot(s) from which it was created; (2.) has at least 75% of the area and frontage required for new lots in the zoning district; (3.) is consistent with or larger than the other residential lots in the neighborhood, and; D. the development and use of all of the resulting and affected lots as proposed would be consistent with the current and future development of the neighborhood and zoning district, would not cause or substantially contribute to any undue nuisance, hazard, or congestion in the neighborhood or zoning district, would substantially promote the intent and purpose of the Bylaws currently in effect, and the entire combination or redivision proposal is consistent with the intent and purpose of this sub-section.