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HomeMy WebLinkAbout5246 31 Pond St Attorney Memorandum Received 08.07.26RECEIVED AUG 0 7 2026 t MEMORANDUM To: Yarmouth Zoning Board of Appeals Dated: August 6, 2026 Re: 31 Pond Street, South Yarmouth, MA — Petition No. 5246 Applicant: Isabella Marino The Applicant has filed an application for hearing with the Zoning Board of Appeals in Yarmouth, seeking a Special Permit to allow the relocation of a dwelling (known as # 3 1 A Pond Street) 2 feet further away from the existing side boundary, increasing the height of that structure by approximately 6 inches, squaring off the rear of that dwelling by adding 36 square feet, and to amend Decision 3842 to allow for year round housing in the two cottages on the property. In order to provide background information and to assist Board Members in advance of the hearing, we submit this Memorandum. The Property at 31 Pond Street, South Yarmouth is located in the RS-40 Zoning District, and contains 26,770 square feet, with 140 feet of frontage on Pond Street. The Property is improved with a single family dwelling with a detached garage, and 2 single family, single story cottage dwellings. From a number of historic sources, we are aware that the 2 story main house was constructed in approximately 1830 in Nantucket. It survived 3 moves — one to West Dennis, one to Bridge Street in approximately 1860, and again in 1926 to its present location. Over the years, the structure was used as a home, grocery store and post office, a library, and a gym, pool room and an arena for boxing lessons, as well as a group home for retired prison guards from the Sherrif's Department. At one time, there were 3 cottages on the site. The cottages were constructed in approximately 1940 and were located at different locations on the lot. We are aware that they were used by cleaning personnel for the hotel located directly behind this property. But the days of Cape Cod being solely a seasonal destination have passed. The price of housing has increased to the point where we can't keep a workforce here any longer, based on a number of reasons including the unavailability of reasonably priced housing. In 2003, when relief was sought by a former owner, seeking to allow year round occupancy of the cottages, this Board resisted that request, based on the then Bylaw, the then -position of the Town of Yarmouth, and without reviewing the state of the neighborhood in which the property lies. Accessory apartments was not even in the bylaw at that time, and the change from seasonal to year round uses of dwellings was just beginning to become a solution to housing problems. Since 2003, we have incorporated Accessory Apartments for family members or to create affordable housing, have adopted the Hotel Motel Overlay Districts in 2 sections of town, have created the Village Centers Overlay District, not to mention the creation, by the Commonwealth of Massachusetts, of Additional Dwelling Units in the Affordable Homes Act. We are currently watching the State Senate moving a bill though the legislature which will permit the creation of duplexes on any residential lot by right. If that were to pass, we would see the intersection of the Affordable Homes Act and the Duplex bill result in the permission to create 3 dwelling units on a residential lot_ In this case, the main house has been used as a year round dwelling for over one hundred fifty years. Although the cottages have been used primarily as seasonal dwellings, the usefulness of that kind of restriction is adding to the exodus of our young workforce from Yarmouth. In 2022, this Board permitted a change from seasonal use to year round use for 16 dwelling units at 1376 Bridge Street, at the Jolly Captain Condominium (Decision 4975). In that case, this Board found that there would be no discernable difference in traffic on the site than during the summer months, and traffic at the mouth of the bridge will be lighter during that time of the year. A copy of the Yarmouth Police Calls for Service for the property showed that current use of the property had not contributed to additional traffic or noise, nor additional congestion in the area. Also, in that case as in ours, there was no request for an increase in the number of occupants in each unit, and the additional months of usage would not increase the number of trips made each day. Finally, the septic system was sufficient to handle the additional use of the property. In this case, those facts are identical. In discussions of matters such as this one, a question usually arises regarding what impact it will have on the school system, with the emphasis on what effect the use of these units will have on the Town of Yarmouth's school budget. It should be noted that the 2 cottage dwellings measure 520 square feet and 245 square feet, respectively, and contain only 1 bedroom each. The likelihood that families with school aged children living in small units such as these is small. The property is served by two separate Title 5 Septic Systems, one serving the main house and one serving the 2 cottages. Each of these systems were last inspected in 2021. The main house, which has 4 bedrooms, is serviced by the system capable of handling up to 5 bedrooms. The cottages, each of which have one bedroom, utilize a shared system capable of serving up to 3 bedrooms. Finally, an analysis of the surrounding properties provides a telling picture of what the neighborhood is, has become and what impact 2 year round units would have on the neighborhood. It is also interesting to note that the neighborhood surrounds the Property with commercial uses (directly abutting the rear lot line, and another directly across the street), and multi -family uses. As a starting point, the Property at 31 Pond Street contains 6 bedrooms and 26,770 sf of area. That computes to 4,462 sf of area per bedroom. By comparison, see the calculations below: RESIDENTIAL 14 & 16 Pond Street - Duplex (total of 4 bedrooms) (10,043 sf of area) (2,511 sf of area per bedroom) 18 & 20 Pond Street - Duplex (total of 4 bedrooms) (10,003 sf of area) (2,501 sf of area per bedroom) 24 & 26 Pond Street - Condominium (2 units) (total of 4 bedrooms) (10,003 sf of area) (2,501 sf of area per bedroom) 39 Pond Street - Condominium (4 units) (total of 9 bedrooms) (19,340 sf of area) (2,149 sf of area per bedroom) 1241 Route 28 - Single Family Dwelling and Commercial Building (3 bedrooms) (8,276 sf of area) (2,759 sf of area per bedroom) COMMERCIAL 1237 Route 28 - The Escape Inn (18 motel units and 2 Bedroom rental cottage) (60,892 sf of area) (3,045 sf of area per bedroom) 1253 Route 28 - Metal Commercial Building (36,144 sf of area) 1261 Route 28 - Veranda Resort (21 motel units) (102,801 sf of area) (4,895 sf of area per bedroom) As you can see, other than the Veranda Resort, the Property is not only large enough to handle 2 additional year round units, but is much more spacious than the abutting properties with multiple units. The current intention of the Town of Yarmouth to provide this kind of year round housing, as evidenced by the multiple changes in the Zoning Bylaw since 2003, and a fair review of the type of housing in this very neighborhood, permits this Board to grant the Special Permit, as requested.