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HomeMy WebLinkAbout5139 33 Mattakese Rd Attorney Cover Letter & Project Narrative 15 Cape Lane Brewster, MA 02631 Phone (774) 323-3027 Fax (774) 323-3008 Cell (508) 330-6640 csenie@senie-law.com WWW.SENIE-LAW.COM September 17, 2024 Dolores Fallon, ZBA Office Administrator Town of Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 508-398-2231 x1285 dfallon@yarmouth.ma.us yarmouth.ma.us/zba Regarding: Proposed addition to the residence at 33 Mattakese Road, West Yarmouth: Assessor’s Map 24, Parcel 58; Lot 39 on Plan Book 58, Page 25, dated August 1938 (“Subject Property”) Dear Administrator Fallon and the members of the Yarmouth Zoning Board of Appeals: Our office represents Michael and Sheryl Kelleher, owners of the above-reference property. They are applying for a special permit to renovate their existing home, which will become their full-time residence once completed. They are adding a second story and increasing the square feet of living area. I attach the following application materials, which our clients hope can be considered by the Board at its October 10, 2024 meeting: 1. Project Narrative 2. A copy of the deed into our clients (registry Book 22744, Page 106) 3. Two original signed application forms 4. Six certified copies of the site plan prepared by Down Cape Engineering 5. Six copies of Building Plans including Elevations 6. A check from our office in the amount of $154.12 as the filing fee Yarmouth ZBA 33 Mattakese Road September 17, 2024 Page 2 This matter was the subject of a staff review on April 30, 2024. Please let me know if you have any questions or concerns about this application submission or need more information from our office. Thank you. Sincerely, Christopher Senie Counsel to Michael and Sheryl Kelleher Project Narrative Proposed addition to the residence at 33 Mattakese Road, West Yarmouth: Assessor’s Map 24, Parcel 58; Lot 39 on Plan Book 58, Page 25, dated August 1938 (“Subject Property”) The Subject Property is shown as lot 39 on a subdivision plan dated August 1939 recorded at the Barnstable County Registry of Deeds (“Registry”) in Plan Book 58, Page 25 (“Subdivision Plan”). Here is a snapshot of the plan showing Lot 39: The Subject Property is currently improved with a small single-family, Cape Cod-styled home built in 1955 with 1,281 square feet of living area (1st floor – 936 square feet; 2nd floor – 345 square feet). The lot is located in the Residential 25 zoning district and has an area of 10,628 square feet. The proposed number of bedrooms will not be changed (will remain at 3BR). With the addition, the home will continue to have two stories, and the square footage of living area will increase to 2,457 square feet (first floor 1,283 square feet; second floor 1,174 square feet). In addition to the reconfiguration of the bedrooms, the plan calls for adding a great room and an office. 33 Mattakese Road West Yarmouth Page 2 Below is a snapshot of the Site Plan for the project showing the area of new construction. Both the 1939 Subdivision Plan and the above Site Plan show that the Subject Property is a triangle of land with roads on two sides: Mattakese Road to the East and Nearmeadows Road to the West. This results in application of the required front setback distance on two sides. 33 Mattakese Road West Yarmouth Page 3 The Zoning Summary on the Site Plan, which is dated August 29, 2024, shows the following data: The front setback to the East (Mattakese Road) is not being altered. 30 feet is required, which is met by the current structure and will continue to be under the renovation plan. The front setback to the West (Nearmeadow Road) is non-conforming, with the closest part of the current structure being 18.3 feet from the edge of the property. This is not made more non- conforming under the renovation plan (the 18.3 feet from the property boundary will continue to be the closest point). Building coverage is comfortably conforming under both plans. There is no new non-conformity created by the plan, nor a change in the nature of any non-conformity. The applicants seek a Special Permit under Section 104.3.2.(1) (B) (change in lawfully preexisting non-conforming structure) and, in that regard, a finding that the proposed expansion is not substantially more detrimental to the neighborhood. The applicants also seek if needed in any respect a variance of Section 203.5 minimum yard in feet (Table of Dimensional Requirements).