Yarmouth Zoning Board Denies Petition for Accessory Dwelling Unit Amid Parking and Compliance Concerns

At the recent Yarmouth Zoning Board meeting on August 8, 2024, the board deliberated on multiple petitions, with focus on a request for an accessory dwelling unit on Constants A in West Yarmouth. Concerns over parking, zoning compliance, and environmental constraints led to the unanimous denial of the petition.

The meeting, chaired by Steven DeYoung, opened with a request for withdrawal without prejudice from Christine Megason, regarding property on Route 28, South Yarmouth, which was granted unanimously. However, the more contentious discussion revolved around petition 5122 from Ursula King, who sought to create a 312-square-foot accessory apartment in her two-bedroom house within the R40 zoning district and an aquifer protection district. King aimed to convert a second bedroom into a rental unit or space for future assistance as she ages.

The proposal sparked discussions about compliance with zoning bylaws, especially concerning setbacks and floor area requirements. Board members scrutinized the plan, noting that the only feasible location for the new unit was at the back of the house due to existing setbacks, utility placements, and environmental constraints posed by nearby wetlands. The new construction would bring the structure closer to the wetlands, reducing the distance to about 60 feet.

Concerns were raised about parking arrangements for the new unit. Jay Fraprie questioned the adequacy of parking spaces, as zoning requirements typically stipulate two parking spaces for additional units. The builder claimed there was adequate space on both sides of the property, including access to a garage. However, the board members remained skeptical.

Richard Martin commended the petitioner’s preparation but expressed reservations about the variance request for side setbacks and the minimum square footage requirement. A board member articulated a shared concern, stating, “I’m not really persuaded in granting a variance relief here tonight,” indicating the need for substantial justification for any variances.

Parking emerged as a primary issue, with practical concerns about access to the proposed unit and the appearance of parking arrangements. One member highlighted the challenges of ensuring off-street parking that would not disrupt the neighborhood’s aesthetic or functional integrity. The board members emphasized that they could not override the Conservation Commission’s requirements and encouraged a reevaluation of the proposal to ensure adherence to zoning laws and community standards.

As the dialogue continued, the board questioned the feasibility of the proposed design, particularly regarding the layout and functionality. Suggestions were made to adjust the footprint and placement of stairs to avoid encroachment on wetland buffer zones. The necessity for a variance was further scrutinized, with skepticism about whether the proposal met the criteria for such relief.

The meeting also covered a petition involving a property on Acres Avenue, where the applicant sought a special permit for side setback relief. The property had a non-conforming structure issue due to an added deck. The applicant aimed to move the house forward and add dormers to the second floor. Clarifying questions revealed that the existing deck was set at 92 feet from the sideline and the plan was to extend it to 95 feet.

Public input was sought but received no responses. The board discussed the potential impact of the changes and ultimately approved the petition with the condition that the deck would be no closer than 9.2 feet to the sideline. This decision was made after ensuring that the proposed changes would not exacerbate existing non-conformities.

Another notable item involved petition 5124, submitted by Francis Wilson, concerning a property on Portsmouth Terrace in Yarmouthport. The applicant sought a special permit and a variance for front setback relief to expand two bathrooms. The board deliberated on the minimal and reasonable nature of the request, ultimately approving it unanimously. Neighborly support was noted, with a letter from a neighboring property owner expressing approval of the project.

The meeting concluded with administrative matters, including the election of officers, which was tabled for a future session. The board members agreed to adjourn the meeting, prioritizing their plans to watch an ongoing game.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Town Administrator:
Robert L. Whritenour
Zoning Board Officials:
Steven DeYoung, Sean Igoe, Jay Fraprie, John Mantoni, Dick Martin, Doug Campbell (Board Member Alternate), Timothy Kelley (Board Member Alternate), Barbara Murphy (Board Member Alternate), Richard Neitz (Board Member Alternate), Anthony Panebianco (Board Member Alternate)

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