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HomeMy WebLinkAbout5105 2 Scrimshaw Ln Summary of Reasoning1 Law Office of Singer & Singer, LLC 26 Upper County Road P. O. Box 67 Dennisport, Massachusetts 02639 Andrew L. Singer Tel: (508) 398-2221 Marian S. Rose Fax: (508) 398-1568 _______ www.singer-law.com Myer R. Singer (1938-2020) Yarmouth Board of Appeals 2 Scrimshaw Lane SUMMARY OF REASONING The Applicant owns the Property captioned above which is improved with a one-story single-family dwelling, deck, attached pergola and shed. The Applicants have requested a special permit to raze the existing dwelling and replace it with a FEMA- compliant two-story dwelling on a slightly altered footprint, with a deck and pergola which are slightly less nonconforming. The Property is a corner lot and undersized (11,761 sf where 25,000 sf is required) and is located in the R-25 zoning district. The dwelling is within the AE-11 and the existing dwelling is +/- 11.8’ in elevation. The existing dwelling is conforming as to lot coverage (12.5% where 25% allowed), the two front setbacks (35.5 ‘and 32.2’ where 30’ required), and the rear setback (44.8’ where 20’ required). The existing deck and pergola are nonconforming as to the side setback (5.4’ existing where 15’ required). The building height is conforming (16.25’). As proposed, the dwelling will be a two-story structure which will conform to height (27.25’ where 35’ allowed) and building coverage (15.7% where 25% allowed). The proposed footprint of the dwelling and decking will create no new nonconformities and will be less nonconforming as to the existing left side setback (5.4’ existing, 5.8’ proposed, 15’ required). 2 The Applicant is seeking a special permit under section 104.3.2.(2) of rhe Yarmouth Zoning By-Law and will show that the project as proposed is not substantially more detrimental to the neighborhood than the existing structure because: 1. The Property will continue to be used as a single-family dwelling as permitted in the R- 25 Zoning District. 2. The new dwelling will conform with all the setbacks proscribed by the current Zoning By-Law and, the deck and pergola will be less nonconforming as to the left-side setback (5.4’ existing; 5.8’proposed where 15’ required); 3. The proposed new dwelling will be conforming as to height (27.25 feet where 35 feet allowed); 4. The new dwelling will be conforming as to building coverage (12.5% existing, 15.7% proposed where 25% allowed) (dwelling footprint increasing by 344 sf) (deck footprint increasing by 24 sf); 5. The proposed construction will not cause or contribute in any way to undue nuisance, hazard or congestion as the increase in footprint outlined above is minimal and parking is adequate for the continued residential use; 6. All run-off will be contained on site and there will be no negative impact on water supply or the environment. In addition, the Applicant is replacing the existing home with one which will be FEMA compliant. For the above reasons, the Applicant respectfully requests that the Board find that the special permit criteria and grant a special permit for the proposed work as shown on the submitted plans.