HomeMy WebLinkAbout5130 21 Lewis Bay Rd Letter Submitted with ApplicationDear members of the Yarmouth Zoning Board of Appeals,
We are writing to formally appeal and strongly oppose the building permit issued for a proposed
new house on 21 Lewis Bay Road, West Yarmouth (BLDR-24-346). We have lived at 23 Lewis Bay Road for
nearly 25 years and are abutters on the right side. This property was brought to the ZBA on 9/28/23,
case 5053 (ZBA hearing s: tub _.corn watch?v=r�Ui AN Ala, begins at 41:40) and the
applicant ultimately withdrew their petition for their proposed 5 bathroom, 2.5 story, likely 5+ bedroom
house with a roof deck nearly 40 feet tall, on a —6600 sq foot lot, after hearing many comments from the
ZBA and neighbors that the house was too tall and too big for this tiny lot in our very crowded
neighborhood of mostly small single story cape houses. The applicant stated that he clearly heard the
concerns expressed.
However, new plans have recently been submitted and approved by the building department on
8/13/24 (BLDR-24-346). Shockingly these new plans show the house to be exactly the same height with
the same roof deck as the previous plans that both the ZBA and entire neighborhood had very strong
objections to. The rest of the house is now made slightly smaller so they do not need any variances and
don't need to go before the ZBA because they are conforming to setbacks. Even so, at over 2,500 sq feet,
it will still be the largest and tallest house in our area after the ZBA had made a point of saying they
would likely never approve a house larger or taller than the previous 2 that were rebuilt at 27 Lewis Bay
Road and 15 Lewis Bay Road (both 2 stories, —2000 sq feet and —26 feet tall). The applicant seems to now
be able to skirt the ZBA's previous requests and the neighbor's concerns by conforming to setbacks,
essentially removing the protection the ZBA provided and our neighborhood valued. Yet we don't think
they are conforming to height requirements and are asking for ZBA protection against building this tall.
In addition to the ZBA saying they would likely never approve a house 35 feet tall in our
neighborhood, even though it is technically allowed, there was much discussion regarding whether the
roof deck would ever be allowed by the building code. The proposed house is 34.6 feet tall and the roof
deck sits on top of it. The ZBA discussed the bylaws, section 203.4, "Height limitations shall not apply to
chimneys, spires, cupolas, antennas, or other similar structures not intended for human occupancy." and
the board unanimously agreed that a roof deck was intended for human occupancy, and therefore
should be counted towards the height, thus exceeding the height allowed (discussions of the height issue
can be found in the abovementioned video at 57:50 minutes and on). The written decision issued by the
ZBA on case 5053 states: "The proposed height of the home is 34.5 feet, nearing the height limitation
of 35 feet. Board Members agreed that the outdoor roof deck should have been included in the height
calculation."
We feel that a house this tall would be detrimental to our neighborhood. It is not consistent with
the character of our neighborhood and it is entirely inconsiderate of the privacy of the neighborhood.
Nearly all of us have lots that are —6600 sq feet and a roof deck on top of the proposed 35-foot-tall
house peers into at least 6 of our yards and removes the very small amount of privacy we have. There is
no precedence for this type of roof deck on our streets with tiny lots and it would certainly be the largest
and most invasive structure around us. When someone is on the roof deck they would be standing at
about 40 feet and it also includes an outdoor staircase leading up to it. Both our house and the left side
abutters house are only 1 story tall. The ZBA also stated that "just because we have a 35-foot height
limitation doesn't mean we will allow it." A house this tall in a neighborhood like ours would be imposing
and unpleasant — even without the roof deck!
We plead with all of you to revoke this building permit and to help us to ensure that this new
house will be of a reasonable height and considerate of our neighborhood.
Thank you very much,
Cynthia and Mike Micale, 23 Lewis Bay Road