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HomeMy WebLinkAbout5246 31 Pond St Decision Recordedek 378S4 Ps 1 17 �413!59 10-02----026 a 02 = 06P ljRliaijTF, -COW uLERK RE 6 CEP 1 126 K-49:41 Y. TOWN OF YARMOUTH BOARD OF APPEALS DECISION r�oRpo, ; RATEG FILED WITH TOWN CLERK: September 11, 2026 PETITION NO: 5246 HEARING DATE: August 27, 2026 PETITIONER & PROPERTY OWNER: Isabella M. Marino PROPERTY: 31 Pond Street, South Yarmouth, MA Map 60, Parcel 253 Zoning District: RS-40 Title: Book 33886, Page 32 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Barbara Murphy, Anthony Panebianco and Richard Neitz 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 Cape Cod Times, the hearing opened and held on the date stated above. The Petitioner is seeking a Special Permit to allow for the relocation of a dwelling (known as #31A Pond Street) 2 feet further away from the existing side boundary, increasing the height of that structure by approximately 12 inches, squaring off the rear of that dwelling by adding 36 square feet and a bulkhead, and to amend Decision 3824, dated May 20, 2003, to allow for year- round housing in the two cottages on the property. This property is located in the RS-40 Zoning District, and contains 26,770 square feet of area, with 140 feet of frontage on Pond Street, and is improved with a single family dwelling with a detached garage, and 2 single family, single story cottage dwellings, each having one bedroom. The cottages were constructed in approximately 1940 and were located at different locations on the lot over the years. The current application first addresses the physical condition of the one - bedroom cottage located to the front of the property, approximately 11 feet from Pond Street, and 1.8 feet from the northerly abutting property. ­1�-- The proposal is to lift the cottage and move it 2 feet further south from the notch a#utt _ and to place that structure on a new poured foundation. This will result in the cotta m bin f, lifted out of the dirt, but will be approximately 12 inches higher than the cuyi f s structure. The proposal is also to square off the rear of that cottage, by crea A 9i0Z Z - 130 living space, and a new bulkhead to access the basement area below. This will increase the building coverage, currently measuring 11.5% to 11.7%. 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. The second portion of the relief sought is to allow the 2 cottages to be used on a year-round basis. Due to the seasonal reputation that Cape Cod held in times past, there was a mindset to not allow the expansion of use by way of seasonable uses to year-round uses. However, that approach has slowly been abandoned, and the ability to use dwelling units on a year-round basis has been favored and encouraged. The Applicant explained that since 2003, the Town of Yarmouth has incorporated Accessory Apartments for family members or to create affordable housing, has adopted the Hotel Motel Overlay Districts in two sections of town, has created the Village Centers Overlay District, not to mention the creation, by the Commonwealth of Massachusetts, of Accessory Dwelling Units in the Affordable Homes Act. The Board agreed that the use of these 2 cottages as year-round dwellings is not only consistent with the Town of Yarmouth's current approach to housing, but is also consistent with the use of the surrounding properties. As noted in the Applicant's Memorandum, prior relief in Decision 4975 (1376 Bridge Street), allowing the use of 16 seasonal dwelling units to year-round units, was permitted based on a number of factors. 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. With the manner in which Pond Street is utilized, there will be no noticeable increase in traffic by allowing the use of 2 cottages to be extended from November 1 to March 31. As a side street, with access both north and south, the change will go undetected. Police calls to the property for the last 10 years has resulted in a total of 5 calls for service. One was the reaction of an occupant to the noise of the sprinkler system, one was from Ms. Marino when she was alerted to a credit card fraud, and another was for downed power lines on the road. The extension of use of the cottages, we believe, will have no discernable difference in the need for police calls. The applicant is not seeking to increase the number of occupants, with each cottage continuing to house 2 persons. And as noted above, the septic systems currently serving the property are sufficient. ot) J 4'' The neighborhood along Pond Street and Route 28 are already being used for year-rougd- dwellings, with similar uses which do not result in undue nuisance, hazard or congegit n 1nd Ast will not result in substantial harm to the established or future character of the rtei' ". ool ;uf town. The neighborhood which surrounds the Property contains multiple in 6r"` W,"L 4-TES-P. 0,1"= - 2 2026 directly abutting the rear lot line, and another directly across the street. There are also multiple multi -family uses along Pond Street. The Board also noted that if the applicant proposed an additional dwelling unit for the property, assuming that neither cottage was on site, that it could contain up to 900 square feet of living area, and 2 bedrooms, both conditions of which are currently met by the cottages. The Board found that the physical alterations to the cottage are less non -conforming, and will not contribute to nuisance, hazard or congestion, and that the ability to use the 2 cottages as year- round dwellings will provide good, clean and safe housing for couples who want to work and live on Cape Cod, and that relief is in keeping with the current approach to housing in Yarmouth. Accordingly, a motion was made by Mr. Panebianco, seconded by Mr. Neitz, to grant the relief as requested. The members voted as follows: Mr. Panebianco AYE Mr. Igoe AYE Mr. Neitz AYE Mr. Martin AYE Ms. Murphy AYE 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 noticeidecision 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) Sean Igoe, Chairman CERTIFICATION OF TOWN CLERK I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals Decision #5246 that no notice of appeal of said decision has been filed with me, or, if such appeal has been filed it has been dismissed or denied. All appeals have been exhausted. ° CA f 1y Mary A. sli wsk;, 1vIC rti3U9` rr9�'.x yd cMCF If ,� tp c H "� ZERK koo ' OCT -2 2026 O COMMONWEALTH OF MASSACHUSETTS TOWN OF YAFMOUTH }. % BOARD OF APPEALS Petition #: 5246 Date: October 2, 2026 Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: PETITIONER & PROPERTY OWNER: Isabella M. Marino Affecting the rights of the owner with respect to land or buildings at: 31 Pond Street, South Yarmouth, MA; Map 60, Parcel 253; Zoning District: RS-40; Title: Book 33886, Page 32 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit, and copies of said decision, and of all plans referred to in the decision, have been filed. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 1 I (last paragraph) and Section 13, provides that no Special Permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. Sean Igoe, Chairman f y 3� owl M �,,z Uj ILI BARNSTABLE REGISTRY OF DEEDS OCT - Z 2026 John F. Meade, Register