HomeMy WebLinkAbout5074 32 & 40 Old Church St Building Commissioner Decisionptardif@tardiflaw.com
From: Grylls, Mark <mgrylls@yarmouth.ma.us>
Sent: Wednesday, November 29, 2023 2:53 PM
To: ptardif@tardiflaw.com
Cc: Williams, Kathleen; dawn@outermostlandsurvey.com;
dpoole@outermostlandsurvey.com; chicodafonte@gmail.com; Fallon, Dolores
Subject: RE: 32 and 40 Old Church Street
Hi Atty, Tardiff,
I respectfully disagree with your assertion that paragraph #4 is applicable. In my opinion, it appears to be more of a
guidance paragraph to the ZBA when they are deciding on granting relief.
Using paragraph 4 alone would negate the purpose of paragraph 2 in the bylaw as it relates to the red ivision of lots.
Furthermore, the existing relief granted in petition #4001 at a minimum would need to be modified.to enlarge the lot.
You have the right to appeal this decision and or seek relief as indicated.
This is my written response. The date stamp on the email should suffice to address MGL 40a § 8 and the 30 day right to
appeal.
if you have any further questions I can be reached at the number below.
Very truly,
Mark Grylls
MARK GRYLLS
DIRECTOR OF INSPECTIONAL SERVICES / BUILDING COMMISSIONER
TOWN OF YARMOUTIi
(508) 398-2231 x 1260
From: ptardif@tardiflaw.com <ptardif@tardiflaw,com>
Sent: Wednesday, November 29, 2023 12:05 PM
To: Grylls, Mark <mgrylls@yarmouth.ma.us>
Cc: Williams, Kathleen <kwilliams@yarmouth.ma.us>; dawn@outermostiandsurvey.com;
dpoole@outermostlandsurvey.com; chicodafonte@gmail.com
Subject: 32 and 40 Old Church Street
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Mark:
This office represents Francisco and Karen Dafonte, the owners of the property at 32 and 40
Old Church Street in Yarmouth Port. 1 have seen the back and forth discussion, which was
presumably triggered by a soon -to -be filed ANR Plan. That plan shows that a small portion of
32 Old Church Street will be cut off and added to the property at 40 Old Church Street,
increasing the lot size of 40 Old Church from its present 8,540 sf to 12,487 sf. The property at
32 Old Church will still have 61,492 sf, which continues to comply with the current zoning bulls
requirements for the R-40 Zoning District. I disagree with the conclusion that relief from the
Zoning Board of Appeals is required pursuant to Bylaw Section 104.3.5(2).
As one of my law school professors would say, "read on". I would direct your attention to
subsection 4 of that Bylaw Section, which reads:
104.3. 5 Other Adjoining Non --conforming Lots
4. Nothing in this section shall be intended to prevent the addition of land
area to an otherwise buildable or developed lot, provided that such
addition renders the resulting lot less non -conforming and does not create
any additional non -conforming building lots, and does not otherwise make
any other lot more non -conforming.
As you can see, this section states clearly that relief is not necessary if.
1. The addition redners the resulting lot loess non -conforming — Here the property at 40 Old
Church will increase in area, closer to the necessary 40,000 sf. The addition of land will
certainly not make it more non -conforming;
2. Does not create any additional non -conforming building lots -- both 32 andf 40 Old
Church are improved with single family dwellings, and we are taking 2 existing lots and
ending up with 2 lots; and
3. Does not otherwizse make any other lot more non -conforming — 40 Old Church increases
in area, and 32 Old Church remains more than 21,000 sf larger than what is reuqired, and
maintains the minimum lot frontage of 150 feet (actually it will have 200 feet of
frontage).
Please review your bylaw again and advise. If you are inclined to insist that this situation falls
under Section 104.3.5(2), please put that determination in writing, dated, and we can let the
Board of Appeals decide what Section 104.3.5(4)'s one sentence direction in the Bylaw means.
Paul
Paul. R. Tardif, Esq.
Law Offices of Paul R. Tardif, Esq., P.C.
490 Main Street
Yarmouth Port, MA 02675
Telephone 508 362 7799
Facsimile 508 362 7199
Website: Nv«v.tardiflaw.com
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