HomeMy WebLinkAbout5103 155 Station Ave Letter of Opposition 1JESSICA M. CROKER
149 STATION AVENUE
SOUTH YARMOUTH, MA 02664
(508) 801-3966
April 23, 2024
Town of Yarmouth
Zoning Board of Appeals
1146 Route 28
South Yarmouth, MA 02664
Re; Appeals Application #5103
155 Station Avenue, South Yarmouth
To Whom It May Concern:
RECEIVED
APR 24 2024
YARMOUT H
BOARD OF APPEALS
I am an abutting neighbor, owner of 149 Station Avenue, South
Yarmouth. I recently received notice that the owner of 155 Station
Avenue was seeking relief from the zoning board of appeals,
regarding an accessory apartment. I am submitting this objection
in writing, as I am unavailable to attend this hearing in person.
I have owned my home since 2019. However, this home has been
in my family since 1982. I moved here when I was two years old,
with my grandparents. At that time 155 Station Avenue was owned
by Ida and Gilbert Ward, who bought the property in 1957 and sold
it in 2005. I now live in my home with my two children, I have
always considered this to be a safe and well -kept neighborhood,
consisting of single-family homes.
When I received notice of this appeal, I was immediately
concerned, because as the board is aware, this property was the
site of a serious motor vehicle accident on February 29, 2024. On
this evening, a vehicle left property, reversed, without its lights
onto Station Avenue, causing an accident. This resulted in the car
being rear ended and propelled into 155 Station Avenue, causing
structural damage. At the time, the home was occupied, and I was
aware that a young child was living at the property.
When the new owner purchased this property, it was evident
that they did a great deal of work on it. Part of that work included
taking down many trees and foliage that created privacy between my
back yard and theirs. Before my yard was completed shielded from
theirs. Now I can see through their yard onto Lambert Street.
There is virtually no privacy, except for our six-foot fences that
divide the property lines. I am concerned that the addition of an
accessory apartment to this already small property will create
additional noise and interfere with my right to enjoy the privacy
of my backyard.
Before the accident I noticed the driveway that faces Station
Avenue had multiple cars parked in it. There are no other parking
spaces off the street. When additional cars could not fit in the
driveway, they would line the abutting Lambert Street.
As the board may or not be aware, this section of Station
Avenue can be very congested with traffic. When school is in
session, traffic can be backed up considerably. Cars often speed
down Studley Road to avoid backup. This fall, speeding was so bad
that the Yarmouth Police Department had a cruiser stationed on
Studley Road for several weeks, during morning school hours, to
discourage speeding. Allowing an accessory apartment will increase
traffic.
Allowing multiple cars to be parked in a small driveway, that
is only meant to accommodate one or two cars, is a safety concern
for the children that walk Station Avenue to school every day.
Additionally, this is an area that is infamous for car accidents.
According to the statistics kept by the Yarmouth Police Department,
there were seventy car accidents on Station Avenue, in 2023. The
increased traffic brought by an accessory apartment, as evidenced
by prior behavior, will likely add to these numbers.
In addition to the above -referenced argument, this application
for an accessory apartment fails to comply with the bylaw for the
following reasons:
1. The owner has failed to designate whether this is a family
accessory apartment or low-income accessory apartment;
2. If this is a family accessory apartment, they have failed to
provide five designated off-street parking spaces;
3. The owner has failed to attach certification that the
apartment will be occupied by someone related by blood,
marriage or law.
4. If this is a low-income accessory apartment, they have failed
to provide four designated off-street parking spaces;
5. The owner has failed to provide documentation confirming
eligibility guidelines have been met to qualify as low to
moderate income housing.
6. The owner failed to follow the proper procedure to obtain a
building permit to construct this apartment.
As a resident of this home for over forty years, I have pride
in this neighborhood and would like to maintain its character and
property values. I do not object to any abutting neighbor improving
their property. However, there is a difference between making
improvements and adding an apartment for monetary gain. The
occupants have exercised poor judgment which resulted in a serious
accident, involving structural damage to their home.
The owner of this property did not consider the neighborhood
or file the proper applications for its accessory apartment. Had
the home occupant not driven into the home, requiring inspection
by the Town, the owner would have continued to operate with an
illegal apartment. To me, that is irresponsible and unfair to the
abutting neighbors.
For the foregoing reasons, I would urge the board to deny
this appeal for relief and allow the current abutting owners to
maintain the integrity and property values of our neighborhood.
Sincerely,
Je"iAca.M. Crokerr
Jessica M. Croker