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HomeMy WebLinkAboutDecision 4770 Doc : 1 .3579,352 10-26-2018 12:04 4 BARNSTABLE LAND COURT REGISTRY �Fl R .. \o TOWN OF YARMOUTH ;, ,1G BOARD OF APPEALS Ota. Y• . � I 'J DECISION a,4GOtt. ..• . - �j FILED WITH TOWN CLERK: October 2,2018 PETITION NO: 4770 HEARING DATE: September 27,2018 PETITIONER: Stacy Ann Hadfield PROPERTY: 400 West Yarmouth Rd, West Yarmouth,MA Map & Lot#: 0066.90; Zoning District: R-40 Title: Certificate of Title No. 217416 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung,Sean Igoe,Richard Neitz, Tom Baron and Thomas Nickinello 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 various forms of relief, including a Special Permit pursuant to §407 of the Bylaw to either transfer the existing Special Permit for the family related accessory apartment granted in Decision#4551 or for a new Special Permit; a Variance from §407.2.1 to allow a non- family member to occupy the existing apartment; or a Special Permit to allow an affordable accessory apartment. The Property is located in the R-40 Zoning District and is improved with a one story single family structure having 4 bedrooms and 3 'h baths, and constructed in approximately 1974. The lot consists of 33,106 square feet. The property was the subject of prior relief from this Board in 2014, at which time the Board granted a Special Permit [Petition 4551] for the creation of the family related accessory apartment, and a Variance to allow for the accessory apartment to contain 908 square feet, where only 800 square feet are allowed. The apartment was constructed in the basement area of the dwelling, and the Board found that no purpose would be served to the community by not permitting such a use. Both forms of relief were granted. This request is based on the fact that the proposed family members who will be living in the accessory apartment are not related by "blood, marriage or law", pursuant to §407.2.1. The Petitioner testified about how Oliver Horton and his son Jackson Horton have come to live together with her for most of their lives,mostly due to tragic losses of other family members. Petitioner also referenced the Purpose and Intent of§407 to including the provision of"an opportunity for family members who choose to live in a close proximity, but separate from other family members, to remain within that family environment." The Board discussed the fact that the definition of "family" has developed over time to mean more than relations based on "blood, marriage or law". They also agreed that although not meeting that rigid definition, that the Petitioner, Oliver Horton and Jackson Horton considered themselves a family and were most certainly a"de facto" family for purposes of the Bylaw. Accordingly, a Motion was made by Mr. Igoe, seconded by Mr. Baron, to grant the request for the transfer of Special Permit#4551, as requested, with the following condition: -that should Oliver Horton and Jackson Horton vacate from the property, that Petitioner may fill the family related accessory apartment with another family member. The members voted unanimously in favor of the Motion. The Petitioner requested to withdraw without prejudice that portion of the application seeking a Variance or a Special Permit for an affordable accessory apartment, as those forms of relief were unnecessary, and had only been sought in the alternative. 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, the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw §103.2.5, MGL c40A §9) Steven DeYoung, Chau-man F•Y y COMMONWEALTH OF MASSACHUSETTS o _._7.R TOWN OF YARMOUTH 'tr'' BOARD OF APPEALS O=,:. 17 'i y.- Appeal#4770 Date: October 23,2018 Certificate of Granting of a Special Permit (General Laws Chapter 40A, section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: Stacy Ann Hadfield 400 West Yarmouth Road West Yarmouth,MA 02673 Affecting the rights of the owner with respect to land or buildings at: 400 West Yarmouth Road, West Yarmouth. Map & lot#: 0060.90; Zoning District: R-40; Certificate of Title: #217416 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 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) and Section 13,provides that no Special Permit, 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 (20) days 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. V...., Steven DeYouirman of TOWN OF YARMOUTH L.< .. „�. 1 • Town • „ EE i 1146 ROUTE 28,SOUTH YARMOUTH,MASSACHUSETTS 02664-4451 Clerk 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 #4770 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. • • Philip B. Ga.d.et(i!f V',I/ ,/ Town Clerk ' . .7 LAW OFFICES OF PAUL R. TARDIF, ESQ., P.C. 490 MAIN STREET YARMOUTH PORT,MA 02675 (508)362-7799 (508)362-7199 fax Paul P. Tardif,Esq. Melissa G.MacLeod,Esq. ptardif©tardiflaw.com www.tardiflaw.com melissa@tardiflaw.com REFER TO FILE NO. October 29, 2018 Sandra Clark Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 RE: Zoning Appeal—400 West Yarmouth Road, West Yarmouth Stacy Ann Hadfield-Petition#4770 Dear Ms. Clark: Enclosed please find a copy of the Board of Appeals Decision, which was recorded, for the above referenced matter on October 26, 2018 in the Land Court Division of the Barnstable County Registry of Deeds as Document 1,357,352. Please note that a copy of the recorded Decision has been forwarded to the Building Department for their records. I thank you for your assistance in this matter. Very Yours, ' R. Tardif cc: Stacy Ann Hadfield Mark Grylls, Building Department