HomeMy WebLinkAboutDecision 4760 J
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4 G BOARD OF APPEALS
, • DECISION
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FILED WITH TOWN CLERK: August 29,2018
PETITION NO: 4760
HEARING DATE: August 23,2018
PETITIONER: Gervanio DeOliveira
PROPERTY: 896 Route 28,South Yarmouth,MA
Map&Lot#:0041.19; Zoning District:B-2
Book/Page: 30876/336
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe,Dick Martin,
Thomas Nickinello,Tom Baron and Susan Brita.
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
Register,the hearing opened and held on the date stated above.
The Petitioner seeks a modification of an existing Variance Petition No. 1675 and subsequent
modification to Petition Nos. 3035 and 4245 to allow rental of front home as single-family without
owner-occupation.
The property is located in the B-2 Zoning District and contains approximately 20,000 square feet
of area. The property is currently improved with two buildings thereon, a front building is a one
and one-half-story single family dwelling with 2 bedrooms. The rear building is a one-story two-
family dwelling with 3 bedrooms.
The procedural history of this property reflects the grant of an easement by Petition No. 1675 on
June 26, 1980 to allow the conversion of the use of the front building on the lot from a retail use
to a residential use,thereby allowing both buildings on the lot to be residential.
On October 28, 1993,Petition No.3035 sought a modification and clarification of language within
the text of No. 1675 allowing the 2 buildings on the property to be used for"family and personal
use". The Board found that the 2 buildings may both be residential, the front house shall be non-
rental owner-occupied, and the rear house may be a rental property.
On April 9, 2009, Petition No. 4245 requested modification of Petition No. 1675 as previously
modified by decision in Petition No. 3035 to delete the "non-rental" restriction set forth in the
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Variance relating to the owner-occupied front building/residence.The relief requested was granted
by this Board allowing that the front building/residence be rented, conditioned that it remains
owner-occupied and only up to two(2) of its bedrooms be rented.
The present Petition requests modification of Petition No. 4245 to allow for the front
building/residence to be a non-owner-occupied single-family rental property.
The Board found that,the requested relief should be granted as:
1) The change of use would not be substantially more detrimental to the town or
neighborhood;
2) There exists a special circumstance relating to the current use of the property, and the
specific site and structures thereon;
3) The requested use will not be substantially more detrimental to the public good;and,
the
4) The proposed change will not substantially derogate from the intent and purpose
bylaw or of the Variance granted in Petition No. 4245.
Accordingly, a Motion was made by Mr. Nickinello, seconded by Mr. Martin, to grant the
modification of the Variance, as requested, with the conditions that: a) there be a review of the
status of the rental property in one year; and, b) all rentals shall be for a minimum term of thirty
(30) days, c) All Board of Health review and approvals be satisfied. The members voted
unanimously in favor of the Motion.
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 notice/decision with the Town Clerk. Unless otherwise provided herein,a Variance shall lapse if'the
rights authorized herein are not excised within 12 months.(See MOL c40A§10)
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Steven eYoung, Cha an
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iti
-al THE COMMONWEALTH OF MASSACHUSETTS
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TOWN OF YARMOUTH
BOARD OF APPEALS
Appeal#4760 Date: September 19,2018
Certificate of Granting of Variance
(General Laws Chapter 40A, Section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a
Variance has been granted to:
Gervanio DeOliveira
Post Office Box 671
West Yarmouth,MA 02673
Affecting the rights of the owner with respect to land or buildings at 896 Route 28,
South Yarmouth, MA; Zoning District: 13-2; Map & Lot#: 0041.19; Book/Page:
30876/336 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
Variance, and that 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 11 (last paragraph) provides that no Variance, 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 days (20) 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.
Steven DeYoun airman
TOWN OF YARMOUTH
Town
;l\ = MASSACHUSETTS 02664-4451
Clerk
7t 1146 ROUTE 28,SOUTH YARMOUTH,
Telephone(508)398-2231 Ext. 1285,Fax(508)398-0836
CERTIFICATION OF TOWN CLERK
I, Philip B. Gaudet, III, 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#4760 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.
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BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register