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ZBA approves land‑line adjustments for 116 and 118 North Main Street to fix lot encroachment
Summary
The board granted special permits to swap 370 square feet of lot area between 116 and 118 North Main Street, accepted an older site plan and approved cross‑deed language to resolve a longstanding encroachment.
The Yarmouth Zoning Board of Appeals unanimously approved special permits on Jan. 23 to formalize a 370‑square‑foot lot line exchange between 116 and 118 North Main Street in South Yarmouth.
Attorney for the petitioners explained the swap is intended to correct a long‑standing encroachment discovered during a recent title/survey review: the house at 116 was built partially on 118 decades ago. The proposed adjustment swaps land so each house sits fully on its associated parcel and preserves grandfathered rights. The plan before the board shows a 2014 survey, and the board agreed to accept that plan now and to allow an updated plan to be filed as part of the Anticipated New Record (ANR) endorsement process through the Planning Board.
Board members asked questions about the former lot line and confirmed the change would not create new nonconforming lots or additional buildable land. The petitions requested waiver of the bylaw requirement that site/plot plans be certified as less than two years old; the board accepted that waiver with the understanding a current plan will be recorded with the Planning Board and cross‑deeds executed.
The board moved and voted to grant the special permits without conditions. Petitioners then withdrew requested variances without prejudice.
