HomeMy WebLinkAbout5103 155 Station Ave Withdrawn Memo to File 06.03.24Y.
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TOWN OF YARMOUTH
BOARD OF APPEALS
MEMORANDUM TO FILE
ARMOUTH TOWN CLERK RE PETITION 5103
JUN 3 124 qm9:09 June 3, 2024
MEMBERS SITTING (April 25, 2024 hearing): Vice Chair Sean Igoe, Jay Fraprie, John
Mantoni, Barbara Murphy, and Anthony Panebianco.
PETITION 5103: Eder de Oliveira Goncalves, 155 Station Avenue, South Yarmouth, MA.
Map & Lot #: 79.115; Zoning District: R-40. The Applicant seeks a Special Permit per §407 to
create a 325 sq ft i accessory apartment. Additionally, the Applicant requests a waiver from
the requirement for a certified site. --'plot plan less than 2 years old.
The petitioner was assisted by an interpreter. Vice Chair Igoe read into the record from the
violation notice, dated March 5, 2024, from the Building Inspector about an accessory apartment
without approval from the Zoning Board of Appeals. The accessory apartment was discovered
when the Building Department was called to inspect the property on February 29, 2024 because a
car accident had caused one of the cars to crash into the house.
Subsequently, the petitioner submitted plans for a 325-square-foot accessory apartment located
in an addition behind the garage. However, the minimum square footage for an accessory
apartment is 350 square feet. The petitioner could add the square footage to the accessory
apartment, but the property is lacking adequate parking for 4 cars (2 dedicated spaces for the
main house and 2 dedicated spaces for the accessory apartment). The petitioner was informed
that cars cannot be parked on Station Avenue or Lambert Road. All parking must be contained
within the petitioner's lot.
Prior to the hearing, the Board received a letter of opposition from an abutter. At the hearing, one
audience member spoke in favor of the petition. However, the petitioner did not meet the criteria
for a Special Permit under §407. As a result, the petitioner requested to withdraw the petition,
without prejudice. Vice Chair Igoe cautioned that the violation notice was still in effect and the
petitioner must go to the Building Department to determine a remedy.
A motion was made by Mr. Fraprie and seconded by Mr. Mantoni to approve the request to
withdraw the petition, without prejudice. On a voice vote (5-0), the motion was approved.
Sean Igoe, Vice Chair