HomeMy WebLinkAbout5099 137 Run Pond Rd Withdrawn Memo to File 05.07.24YPRA0i rT H ! 0WN W!E'KK
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
MEMORANDUM TO FILE
PETITION 5099
May 7, 2024
MEMBERS SITTING (April 11, 2024 hearing): Vice Chair Sean Igoe, Jay Fraprie, John
Mantoni, Dick Neitz, and Barbara Murphy.
PETITION 5099: Julia Faigel. Property Location: 137 Run Pond Road, South Yarmouth,
MA. Map & Lot #: 34.15. Zoning District: R-25. The Applicant seeks a Special Permit per
§407 to create a 700-square-foot accessory apartment.
Vice Chair Igoe noted this petition is the first to appear before the Board under the new
accessory apartment bylaw, which went into effect on March 20, 2024.
The petitioner had sought relief by way of a Special Permit to create a 700-square-foot accessory
apartment. The petitioner purchased the property in August 2023 for demolition and is building a
larger family home. The petitioner's primary residence is not 137 Run Pond Road.
The accessory apartment bylaw is restrictive to year-round owner and tenant occupancy:
§407.3(4), Paragraph 11: The owners of the principal structure shall occupy, as their primary
residence, either the principal dwelling unit or the accessory apartment. If the owner intends to
occupy the accessory apartment rather than the principal structure, the principal structure will
then be designated as the "accessory apartment "for the purposes of this bylaw. The owner -
occupied unit shall not be rented in any manner.
The petitioner testified that the new home is expected to be ready by the end of 2024. Thereafter,
the petitioner expects to make 137 Run Pond Road her primary residence. Because there is not a
fixed date for the petitioner to occupy the home, the Board recommended that the petitioner wait
until the house is built and she has established the new home as her primary residence, then re-
apply to the Zoning Board of Appeals.
The petitioner requested to withdraw the petition, without prejudice. A motion was made by Mr.
Neitz and seconded by Mr. Fraprie to allow the petition to be withdrawn, without prejudice. On a
voice vote (5-0), the motion was approved.
Sean Igoe, Vice Chair