HomeMy WebLinkAbout5115 155 Station Ave Withdrawn Memo to File 08.09.24ARNOUTH TOWN CLERK RE
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TOWN OF YARMOUTH
BOARD OF APPEALS
MEMORANDUM TO FILE
PETITION 5115
August 9, 2024
MEMBERS SITTING (June 27, 2024 hearing): Vice Chair Sean Igoe, Dick Martin, Jay
Fraprie, John Mantoni, and Barbara Murphy
PETITION 5115: 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 565 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.
After receiving a Violation Notice, the petitioner appeared before the Board at the April 25, 2024
hearing. However, the accessory apartment did not have the minimum square footage or the
required parking spaces. The petitioner's request to withdraw the petition without prejudice was
granted. The petitioner submitted a new application, and at the June 27, 2024 hearing, the
petitioner was again assisted by an interpreter. At the hearing, an abutter worried about the
accessory apartment becoming a summer rental. The Board also received a letter of opposition
from another abutter.
The Board still had concerns about the petitioner's proposed accessory apartment:
• No sightlines to reverse out of the driveway safely onto Station Avenue.
• Petitioner must have an adequate septic system to add another bedroom.
• Property must be owner -occupied and tenant must have a 12-month consecutive lease.
(Petitioner lives in Hyannis and planned to rent out the apartment as a summer rental.)
• Apartment's proposed square footage (--565 sq ft) may be too big (cannot be larger than
50%' of the habitable floor area of the principal single family dwelling unit).
• Petitioner requested a waiver on a Site Plan, but per the accessory apartment bylaw:
Site plans (including parking locations and anv proposed landscaping), and floor plans
are required. for all accessory apartments. In addition, architectural plans showing
elevations and building materials shall be provided, for ank- additions or new
construction.
The petitioner requested to withdraw the petition without prejudice. Vice Chair Igoe encouraged
the petitioner to consult with someone to review the bylaw with him in order to understand the
requirements and present the information the Board need%.
A motion was made by Mr. Martin and seconded by Mr. Mantoni to allow the petition to be
withdrawn without prejudice. On a voice vote (5-0), the motion was approved.
Sean Igoe, Vice Chair