HomeMy WebLinkAboutADU opposition- Jeff and Laurie BrownJeff and Laurie Brown
50 Woodbury Ave
Hyannis, MA 02601
Jeff.Brown.USN.RET@gmail.com
(508) 830-6568
20 June 2024
Zoning Board of Appeals
Town Hall
Hyannis, MA 02601
Dear Members of the Zoning Board of Appeals,
I am writing to express our opposition to the variance request submitted by Israel Lopez
Marroquin for the property located at 42 Woodbury Ave. As an abutter to this property, we have
significant concerns regarding the potential impact of granting this variance, particularly in terms
of increased traffic, noncompliance with the ADU ordinance, and challenges in managing
occupancy requirements.
Historical Context and Family Usage
The property in question, along with the neighboring properties at 44 and 46 Woodbury Ave,
have a long history of familial ownership and usage, which has been characterized by a shared
understanding and respect for the granted easements and rights of way. The following timeline
highlights the important familial relationships and transfers of these properties:
• On or about October 24, 1949, the ancestral family of the current owners (Woodbury,
Holmes, Brown Family) transferred a single lot that now is known as 42 and 44
Woodbury Ave, which included a 30-foot right of way across the property of Colin P.
Woodbury property, now 46 Woodbury Ave.
• On or about August 15, 1950, James and Sarah Doherty (parents of Lorraine Mitchell, the
current owner of 44 Woodbury Ave) transferred a portion of their property (now 42
Woodbury Ave) to Francis and Harriet Doherty (uncle of Lorraine Mitchell), including
an easement across 44 Woodbury Ave.
• The property at 42 Woodbury Ave remained in the Doherty family until 1995 and has
since changed ownership multiple times.
This right of way and easement has traditionally been used to support single-family homes
owned by the family and relatives of the abutters. The proposed variance, which seeks to build a
freestanding 3-bedroom home under the town's ADU ordinance, disrupts this historical precedent
and introduces several concerns.
Increased Traffic Across Easement and Right of Way
The right of way across 46 Woodbury Ave and the easement across 44 Woodbury Ave were
granted with the understanding that they would serve single-family homes. Introducing an ADU
with additional bedrooms increases the potential for higher traffic. The increased use of these
pathways not only infringes on the privacy and tranquility of the neighboring properties (to
include the homes at 38, 46 and 44 Woodbury) but also raises safety concerns, particularly
because the right of way and easement are not roads but pathways granted solely for access to
the property from the town roadway. The real estate agent, representing the previous owner, in
the Spring/early Summer of 2022, approached Mrs. Mitchell and asked if the shared way could
be paved or improved with stones; she said no. The house was sold in the summer of 2022, and
the current owners independently graded and blue-stoned the entire length of the shared pathway.
We, as owners of 46 Woodbury, were never approached or asked. These unauthorized
improvements have allowed traffic on the pathway to increase to dangerous speeds, causing
neighbors to frequently gesture for drivers to slow down and many times, they do not stop when
transitioning to and from the town roadway. This access was always kept ungraded as a way to
slow ALL traffic and delineate it as private versus the paved public town road known as
Woodbury Ave.
Noncompliance with ADU Ordinance
The ADU ordinance stipulates that an accessory dwelling unit shall contain no more than two
bedrooms and greater than 900 square feet. The request for a variance to build a 3-bedroom
ADU does not comply with this requirement. Allowing this variance sets a concerning precedent
for future deviations from the ordinance, undermining its purpose and intent to maintain the
character of single-family neighborhoods.
Managing Compliance with Occupancy Requirements
The proposed parking plans suggest accommodation for up to six driving-age persons, which far
exceeds the ordinance's limitation of two adults per ADU. This discrepancy raises serious
questions about the enforceability of occupancy restrictions and the realistic use of the property.
The potential overcrowding and associated noise, waste management, and general congestion are
significant concerns for the neighborhood.
In conclusion, granting this variance would significantly alter the character and dynamics of the
neighborhood. The historical usage of these properties has always been in support of single-
family homes, and the proposed changes pose risks that are not in line with the intent of the
ADU ordinance. I urge the Zoning Board of Appeals to consider these points carefully and deny
the variance request for 42 Woodbury Ave.
Thank you for your attention to this matter.
Sincerely,
Jeff and Laurie Brown