HomeMy WebLinkAboutZBA Decision 50 Park Ave 01.22TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK:
PETITION NO: 4930
HEARING DATE: January 27, 2022
PETITIONER: Ates Civitci, Elizabeth Civitci and Scott Schumacher
PROPERTY: 50 Park Avenue, West Yarmouth, MA
Map 20, Parcel 73
Zoning District: R-25
Title: Book 32858, Page 286
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Dick Neitz, 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 seeks a Special Permit pursuant to Zoning Bylaw § 104.3.2, in order to raze and
replace a single family dwelling. The Property is located in the R25 Zoning District and is
improved with a one and one half story single family structure having 4 bedrooms and 2 baths,
and constructed in approximately 1910. The property also has a detached garage which is being
retained. The property contains approximately 16,553 square feet, a portion of which is within
100 feet of an overgrown bog. A portion of the lot and the existing structure are located in Flood
Zone 11 and X. The dwelling is situated 11.3 feet from the front boundary, but approximately 19
feet from the edge of pavement of Park Avenue. The property complies with both side yard and
rear setbacks. The height of the existing structure is approximately 23 feet from the average
grade at street, which is 6.5 feet, and lot coverage is 14.2%.
The proposal is the remove the existing home, and to build a new single family home. The new
structure will continue to comply with the side and rear setbacks. The front setback will change
from its current 11.3 feet to 26.8 feet to the front porch, and then increase to the proposed height
of 34.1 after the 30 foot setback. In addition, the lot is higher than the street and this berm
provides additional security to the driving public. The Basement will be flood compliant and
equipped with 12 flood vents, and only used for storage. Lot coverage will be reduced to
13.8%.
The Conservation Commission has already approved this plan and issued an Order of Conditions
on November 22, 2021. That Order includes a 600 square foot mitigation planting requirement,
as shown on the plan.
The Petitioner had previously applied to this Board for relief in order to raise the current
dwelling on the same footprint, to address the flood zone issues, and to add another story to the
property. Prior to hearing, and due to concerns about the structure's proximity to Park Avenue,
the application was withdrawn without prejudice.
No abutters expressed support or opposition to the project. The Board was in unanimous
agreement that based on the proposed location of the new structure was an improvement over
what was original proposed. They also agreed that the design of the house will be in keeping
with this changing neighborhood, and that the location of the abutting environmental concerns
were taken into consideration. The Board found that the raze and replacement of the structure
would not be substantially more detrimental to the neighborhood, zoning district, or Town, than
the existing non -conforming structure, and would not create any undue nuisance, hazard or
congestion.
Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Neitz, to grant the Special
Permit, as requested. The members voted unanimously in favor of the motion.
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)
Steven DeYoung, Chairman