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HomeMy WebLinkAbout2006 Oct 03 -Board of Appeals Decision o��.Y�R '� � ��� TOWN OF YARMOUTH - : p�_ _ .�' .�y BOARD OF APPEALS , _'. � � �� DECISION ...: ,r _ � ` � � #, . �T►�c K��` ' - -' . � �� FILED WITH TOWN CLERK: October 3',2006 : L�, ___, _, .; PETITI4N NO: #4073 � t':.� . - _' HEARING DATE: September 28,2Q06 G3 C C� � � M � DD PETITIONER: Nancy F.Mesmer 0 C T 0 4 2006 PROPERTY: :�G�„��,r,��q,y�o�th: HEALTH DEPT. Map&Parcel:9059 Zonin�District: R40 MEMBERS PRESENT AND VOTING: David S.Reid,Chairman,Ms.Diane Moudouris,Mr.John Richards,Mr.Seam Igce�nd Mr.Thomsa Roche. Notice of the hearing has been given by sending notice thereof to the Petitioner and all those ovmers of property as required by law, and to the public by posting notice of the hearing and publishing in The Register,the heazing opened and held on the date stated abov�. The petitioner seeks a Special Permit under bylaw§407.5,in order to r�tain a pre-existing but un-permitted ' acc.essory apartme�t. The property is located in an R40 zone. The lot contains appra�tely 14,814 ' square feet of.area. The lot contains the petitioner's primary residence,a one-story single-family home. ' Located in the baseme,nt of the home is a'780 square faot one-bedroom apariment.- It has been present and occupied for several years. The getitioner has now begun the pnocess of securing, after the fact, a11 necessary permits and inspections for t�e apartment. The petitioner propases to continue to rent it, as an affordable accessory apartment, within the constraints of§407 and §407.3.2. The petitioner was advised of, �nd understands the restrictions an future rentals, and the limitations of this Special Permit, including that the dwelling must remain her principal residence,and that if S�cial Permit lapses upon transfer of the ; Pro1�rtY• The Board finds that the requirements of§40'7 are met at this prc�eriy. The lot is of sufficient size,there is adequate parking,and the site will continue to appear to be a single-family home. ' A motion was made by Mr. Richards, seconded by Mr. Roche, to grant the Special Pennit, as r�uested The members voted unanimously in favor of the motion,the Special Permit was therefore granteci. No pernut shali issue until 20 days from the filing of this decision with the Town Clerk Appeals from this decision shall be made pursuant to M.G.L. C40A §17 and must be filed within 2U days after the filing of this notice/decision with the Town Clerk. a��,����� ' David S.Reid, Chairman ' ; l