HomeMy WebLinkAboutDecision 4868 Recorded 01.22.21Bk 33714 Pg101 #5229
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TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
TILED WITH TOWN CLCRK; December 15, 2020
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PETITION NO: 4868
HEARING DATE; December 10, 2020
PETITIONER: James Igoe
PROPERTY: 43 Webster Road, West Yarmouth, MA
Map 29, Parcel 233
Zoning District: R-25
Title: Book 25169, Page 180
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Dick Martin, Richard
Neltz and DouglAs Campbell
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners
of property as required by law, and to the public by posting notice of the, hearing and publishing in
The Register, the`hearing opened and held on.the date stated above,
The Petitioner seeks a Special Permit pursuant to Zoning Bylaw §104,3.2, in order to construct a
single family dwelling on a pre-existing non -conforming lot currently improved with a garage. The
property is located in the R-25 Zoning District and is improved with a one story two car garage.
The lot actually consists of 2 lots, which together form the property in issue. The property
contains approximately 11,175 square feet. The garage is located approximately 6 feet from the
Northwest boundary and approximately 29.5 feet fiom Webster Road. Based on Yarmouth
Zoning Bylaw §203.3, the front yard setback for this lot need only be 27 feet based on the
averaging calculation of 30% of the depth of the lot, which in this case is 90 feet. The
neighborhood is residential and is comprised of one-story and two-story single family homes, on
lots generally averaging square footage half the total of this property.
In June of 2020, a Lot Inquiry Form was submitted to the Building Department to determine if
the lot was buildable. Assistant Building Commissioner James D, Brandolini determined that the
lot was not buildable for the reason that it had merged with the abutting lot to the rear at 48
Brewster Road.' In the fall of 2020, additional information was submitted to the Building
Department which evidenced that this lot, having been improved with the garage prior to the
zoning change in 1972, was no longer a "lot", for purposes of merger determination. Rather, it
was a developed lot prior to the zoning change, and as such would be classified as a legally pre-
existing non -conforming lot, and was grandfathered. Based on the new evidence, the Building
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Department amended its prior decision and found that a "Special Permit is required to construct a
single family house" on the lot.
The proposal is to leave the garage in its present location, and to construct a two story single
family dwelling, consisting of 3 bedrooms, The dwelling will be located completely within the
building envelope, and will comply with all setbacks, lot coverage requirements, and the height
restriction. The lot coverage will be 14.5% and the height of the new structure will be 27 feet.
Although two abutters posed questions to the applicant, no opposition to the project was noted.
The Board was satisfied and agreed that the proposal would not be substantially more
detrimental to the neighborlkood, zoning district, or Town than the current state of the project,
nor create any undue nuisance, hazard or congestion, based on the fact that the new structure
would meet all current bulk requirements of the Zoning Bylaw and would host an allowed use.
Accordingly, a Motion was made by Mr. Martin, seconded by Mr. Campbell, to grant the Special
Permit, as requested, without conditions. Tile members voted unanimously in favor of the
Motion. Roll call vote was taken on this Motion with the following results: Mr. Marlin- in
favor; Mr. Neitz-in favor; Mr. Campbell -- in favor; and Mr. DeYoung — in favor. Accordingly,
the Special Permit was approved on a 4-0 vote in favor.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals
from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20
days after filing of this notice/deelsion with the Town Clerk. Unless otherwise provided herein,
the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See
bylaw § 103.2.5, MGL c40A §9)
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Steven S. DeYoung, airman