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HomeMy WebLinkAboutDecision 4770 Doc : 1 .357 .352 10-26-2018 12: 04 • BARNSTABLE LAND COURT REGISTRY 04 .Y4 $ `_ ° TOWN OF YARMOUTH E ;:�- J y I - BOARD OF APPEALS 0 -;- � ' 1 DECISION 44 iN c 4�� .. 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 1/x 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, Chairman oe-Y`{:k COMMONWEALTH OF MASSACHUSETTS $;..^�" t o TOWN OF YARMOUTH o r y BOARD OF APPEALS ce y � rAcwtt' 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. ` Steven DeYoung, CG airman .. TOWN OF YARMOUTH F� r %= Town MA M�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. ,1 . / / / • 'Philip B. Ga..: , ffrt�, hi.'. Town'Clerk TOWN OF YARMOUTH BOARD OF APPEALS HEARING NOTES Petition# i/ 7& Petitioner:N D M7�jedHearing Date: 7-,-- 17-1/257 REQUEST: SPECIAL PERMIT: § VARIANCE: § Overturn B.I. Members of the Board present and voting. 'f4 h � - c1 34 7 1).4/ Yo mq � ok�to Wv ) rJ It appearing that notice of said earingryHas been given by se din notice thereof to the petitioner and all those owners of property deemed by the Boar o be affected thereby and that public notice of such hearing having been given by publication in the Register the hearing was opened and held on the date first above written. IN FAVOR i, OPPOSED � n ! ' • i a . tiw . we\AiY Q r uAth(, Chu, (, Lc- Reason for the Decision: .X vow n Nr v- ,. t r API• ♦ A I I, _ —. is•. ,. Motion by: t Seconded by: �� Vote:ifilthan Members voting in favor: Opposed: Therefore,the SPECIAL PERMIT VARIANCE APPEAL is GRANTED DENIED WITHDRAWN CONTINUED TO: CONDI SONS: . Cs, :. n!A H r r . . s. •_ ,' • kJ rl� i;z1- t'N •Lz ttsi-akt•a_ Ctk EXHIBITS RECEIVED AT HEARING: CLERK: JADate: e/ /27)9818 °\N.A`tl- ` CLERK-CHAIRMAN HEARING NOTES f•7 1 `- _e j 413 ultt rercu awl > tjavL Y9 _. r-.. TOWN OF YARMOUTH YARMOUTH TOUNI CLERK ° - ; li4c BOARD OF APPEALS ‘CCA MATTA F [a3[Ca�' :_, ;;:::.• APPLICATION FOR HEARING ,ipR,fG6p4:38 REC Appeal#: -1776 Hearing Date: 9 3 7�f _Fee$ Owner-Applicant: STACY HADFIELD (Full Names-including d/b/a) 49 Payson Path,West Yarmouth (508)362-7799 ntardif(ahtardiflaw.com (Address) (Telephone Number) (Email Address) and is the (check one) 0 Owner 0 Tenant XX Prospective Buyer 0 Other Interested Party Property: This application relates to the property located at: 400 West Yarmouth Rd, West Yarmouth and shown on the Assessor's Map#66 as Parcel# 90 Zoning District: R40 If property is on an un-constructed (paper) street name of nearest cross street, or other identifying location: Project: The applicant seeks permission to undertake the following construction/use/activity (give a brief description of the project. i.e.: "add a 10'by 15'deck to the front of our house"or "change the use of the existing building on the property"): RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals: Transfer of Special Permit for Family Related Apartment to new owner, and to permit non- family member, by definition, to occupy same; in the alternative, a Variance to allow a non- family member,by definition,to occupy the family related apartment;and in the alternative,a Special Permit for an affordable accessory apartment. 1) REVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING ADMINISTRATOR dated attach a copy of the decision appealed from). State the reason for reversal and the ruling which you request the Board to make. 2) XX SPECIAL PERMIT under §407 of the Yarmouth Zoning By-law and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5 A10. (use space below if needed) 3) XX VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested, and, as to each section, specify the relief sought: Section: 407.2.1 Relief sought: Allow non-family member to occupy apartment Section: Relief sought: Section: Relief sought: ADDITIONAL INFORMATION: Please use the space below to provide any additional information which you feel should be included in your application: In the alternative, amend Special Permit 4551. FACT SHEET Current Owner of Property as listed on the deed (if other than applicant): Darren P. MacPhee and Shana K. O'Marra, 400 West Yarmouth Road, West Yarmouth, MA 02673 Title deed reference: Book&Page# or Certificate#203525 Land Court Lot# 6 Plan#37809-A (provide copy of recent deed) Use Classification: Existing: Affordable Accessory §202.5 #A10 Proposed: Affordable Accessory §202.5 #A10 Is the property vacant: no If so,how long?: n/a Lot Information Size/Area: 33,106 s/f Plan Book and Page n/a_/ Lot# Is this property within the Aquifer Protection Overlay District? Yes XX No Have you completed a formal commercial site plan review(if needed)? Yes_No XX Other Department(s)Reviewing Project: Indicate the other Town Departments which are/ have/or will review this project, and indicate the status of their review process: Building Repetitive Petition: Is this a re-application: no If yes, do you have Planning Board Approval? Prior Relief: If the property in question has been the subject of prior application to the Board of Appeals or Zoning Administrator, indicate the date and Appeal number(s) and other available information. Include a copy of the decision(s)with this application: Decision 4551—Special Permit and Variance for Family Related Apartment granted in 2014 Building Commiss•oner Comments: OPP • fir L .1_ 1a Applicant's ttomey 'ignature 0 er's Sign: , By Paul R. Tardif,Esq. Paul R.Tardif,Esq. Address: 490 Main Street Yarmouth Port, MA 02675 Phone: (508) 362-7799 E-Mail: ptardiffa,tardiflaw.com /#. F6 V? 'Cite Buildin:� ilr�ssioner Signature Date Doc:1'246,981 05-30-2014 2:20 Ctf4:203525 BARNSTABLE LAND COURT REGISTRY BASSACHUSE TAX RNSTABLETTS LANDTCOURTXCIREGISTRY Dates 05-30-2014 a 02:20x„ CM: 1119 Doc:: 1246981 Fee: $1:111.50 Cons: $325,000.00 QUITCLAIM DEED WE, ROBERT S. WHYNOTT and SUZANNE V. WHYNOTT,husband and wife,as Tenants by the Entirety, of 400 West Yarmouth Road, West Yarmouth, Massachusetts 02673, For consideration received in the amount of THREE HUNDRED TWENTY-FIVE THOUSAND and 00/100($325,000.00)DOLLARS,do hereby Grant to DARREN P.MACPHEE and SHANA K.O'MARRA,husband and wife,as Tenants by the Entirety, both of 41 Ovington Drive,East Falmouth,Massachusetts 02536, With QUITCLAIM COVENANTS The land,together with the buildings thereon,situated in Yarmouth,Barnstable County, Commonwealth of Massachusetts,bounded and described as follows: LOT 6 PLAN 37809-A Subject to and together with all rights,easements,restrictions and reservations of record insofar as the same are in force and applicable. No portion of the fee in any of the ways as shown on said plan is hereby conveyed. PROPERTY ADDRESS: 400 West Yarmouth Road,West Yarmouth,MA 02673 For my title see deed recorded at Massachusetts Land Court Barnstable County Registry in Document 192144 in Certificate No. 63465. Grantors hereby waive any and all rights to homestead in the above-described premises pursuant to M.G.L. c. 188 § 13. BARNSTABLE COUNTY EXCISE TAX BARNSTABLE LAND COURT REGISTRY Dotes 05-30-2014 a 02120am Ctl$' 1119 Dort: 1246981 Feel $877.50 Cons! $325,000.00 . Witness my hand and seal this c7ul day of MAI ,2014. ROL/ S Win-A 2 Robert S. Whyno Witness my hand and seal this JD'day of t ,2014. Suz V.Whynott COMMONWEALTH OF MASSACHUSETTS Barnstable,SS On this Mlajt of May,2014,before me,the undersigned notary public,personally appeared Robert S. Whynott as aforesaid,proved to me through satisfactory evidence of identification,which was A- 7. L_. ,to be the person whose name is signed on the preceding or attached document and who swore or affirmed to me that the contents the document are truthful and accurate to e best of 's knowledge and belief. l' 01,°,:s707,711. °,:HEgS, •• caws C3 .261 0,01‘).? is rta- �ssCP.� her ct5E\ Notary Public- 1 +y Commission Expires:,l4or �gl hj tit 4RYPk f 1,e' . q�111 OF 10 -II 9M .g% COMMONWEALTH OF MASSACHUSETTS Barnstable,ss On this 3..11 ay of May,2014,before me,the undersigned notary public,personally appeared Suzanne V.Whynott p.oforesaid,proved to me through satisfactory evidence of identification,which was WI A.V. ,to be the person whose name is signed on the preceding or attached documeht and who swore or affirmed to me that the contents of the document are truthful and accurate to th best of heknowledge and belief. O?HWEt/JlS� `Z a5 M N • .yet 13.. fit^is 1 wbpL - (Set mtnissionExpires: itisa is lam" 1 647it OF MPSSP BARNSTABLE REGISTRY OF DEEDS Property Location:400 WEST YARMOUTH RD MAP ID:66/90/// Bldg Name: State Use:1010 Vision ID:9282 - Account#9282 Bldg#: 1 of 1 Sec#: 1 of 1 Card 1 of 1 Print Date:09/11/2018 10:29 ' ,CURRENT OWNER :.TOPO- `:UTILITIES. .-STRT✓ROAD - !LOCATION i'CURRENT ASSESSMENT MACPHEE DARREN P 1 Level 2 Public Water 1 Paved 2 Suburban Description Code !Appraised Value Assessed Value OMARRA SHANA K 4 Rolling 6 Septic RESIDNTL 1010 290,800 290,800 815 400 WEST YARMOUTH RD - 4 Gas RES LAND 1010 131,600 131,600 YARMOUTH,MA ,RESIDNTL 1010 13,000 13,000 WEST YARMOUTH,MA 02673 ` ''SUPPLEMENTAL DATA - - Additional Owners: Other ID: 57/S006/// VOTE MISC 260 VOTE DATE CHANGES PRIVATE R( BETTERMENT ♦ ISION PLAN NUMBEI905A-100 ZIP CODE 2673 GIS ID: M_306041_825319 ASSOC PID# Total 435,400 435,400 RECORD OF OWNERSHIP BK-VOL/PAGE SALE DATE q/u yr SALE PRICE KC PREVIOUS ASSESSMENTS(HISTOR MACPHEE DARREN P D1246981 05/30/2014 U I 325,000 10 Yr. Code Assessed Value Yr. Code Assessed Value Yr. Code Assessed Value WHYNOTT ROBERTS 192144 12/09/1974 I 2019 1010 290,8002018 1010 287,000 2017 1010 287,000 WHYNOTT ROBERTS I 0 2019 1010 131,6002018 1010 107,200 2017 1010 107,200 2019 1010 13,0002018 1010 13,0002017 1010 13,000 Total: 435,400 Total: 407,200 Total: 407,200 _--EXEMPT/ONS' - ':"OTHER ASSESSMENTS This signature acknowledges a visit by a Data Collector or Assessor Year Type Description Amount Code Description Number Amount Comm.Int. APPRAISED.VALUE SUMMARY . Total- Appraised Bldg.Value(Card) 283,600 ASSESSING NEIGHBORHOOD Appraised XF(B)Value(Bldg) 7,200 NBHD/SUB NBHD Name Street Index Name Tracing Batch Appraised OB(L)Value(Bldg) 13,000 0040/A Appraised Land Value(Bldg) 131,600 -' - NOTES - Special Land Value 0 GREY/BRICK UA F/G PATI/NV(GOND) Total Appraised Parcel Value 435,400 REAR WOB LOUD LOC Valuation Method: C SFB=IN-LAW APT Adjustment: 0 Net Total Appraised Parcel Value 435,400 ' IiBUILDINGPERMITRECORD VISIT/CHANGEHISTORY Permit ID Issue Date Type Description Amount - Insp.Date %Comp. Date Comp. Comments Date Type IS ID Cd. Purpose/Result 19-000058 07/05/2018 AL Alterations 1,312 0 Alterations per Approve.09/29/2017 02 BH CL Cyclical 18-005618 04/09/2018 INSL Install Insula 4,306 0 Repairs-install insulatia 07/26/2015 RF 54 Field Review 18-004448 02/07/2018 WIN Windows 1,600 0 Repairs-one replacemer 02/13/2015 RF BP Building Permit 15-002735 12/02/2014 AL Alterations 23,430 02/13/2015 100 (508-385-7699)renovate 02/13/2015 LS 00 Measur+Listed 05-1455 06/10/2005 AL Alterations 32,000 02/12/2014 100 REP/WIN/DOOR.RESII 04/30/2014 AD 02 Measur+2Visit-Info Can 997302 05/11/1993 3,000 100 REROOF 998380 06/20/1988 35,000 100 SUNROOM =LAND LINE VALUATIONSECT/ON B Use Use Unit I. Acre C. ST. Special Pricing S Adj # Code Description Zone D Front Depth Units Price Factor S.A. Disc Factor Idx Adj. Notes-Ad/ Spec Use Spec Calc Fact Adj.Unit Price Land Value 1 1010 SINGLE FAM MDL-0I D 33,106 SF 2.94 1.0000 4 1.0000 1.000040 1.35 1.00 3.97 131,600 Total Card Land Units:I 0.76rAC Parcel Total Land Area:P.76 AC I Total Land Value: 131,600 Property Location: 400 WEST YARMOUTH RD MAP ID:66/90/// Bldg Name: State Use:1010 Vision ID:9282 _Account#9282 Bldg#: 1 of 1 Sec#: 1 of 1 Card 1 of 1 Print Date:09/11/2018 10:29 •9AAfl:4 panola sT4t.1/ iiika WSNII4YDA�n*rpt ((Viii U 1J' _ INES Element Cd. ® Description Element Cd. ® Description •tyle i ape Cod _ 22 I odel i r esidential rade i •verage ' FEP GLASS FBM-NICE •tortes 1 Story 16 SFB 16 e cupancy • '- MIXED USE 22 I xterior Wall I • myl Siding Code Descri'don Percenta:e I xterior Wall 2 I:rick Veneer 1010 :INGLE FAM MDL-01 100 50 roof Structure i able/Hip r oof Cover i .sph/F Gls/Cmp I tenor Wail 1 i u rywall/Sheet I tenor Wall -,- COST/MARKET VALUATION BAS I tenor Fla.1 ardwood dj.Base Rate: :8.18 -- 30 SFB 30 Interior Fir 2 eram Clay Til :02,100 eat Fuel as I et Other Adj: 13,000.00 Ir eplace Cost :15,100 I eat Type i I of Air-no Due YB i 974 50 C Type i I one 22 otal Bedrooms i- • Bedrooms 'Sep Code G otal Bthrms t r emodel Rating otal Half Baths ear Remodeled otal Xtra Fixtrs a . % 10 25 FGR 26 otal Rooms unctional Obslnc 1 math Style i odern temal Obslnc I '(chem Style I odern ost Trend Factor ondition 22 Y°Complete a verall%Cond :0 mis Val '83,600 � a � y. . , a p isii le .Ovr Comment n-- • ti� rt,�.. Yr",.• _ . I isclmp Ovr 1 (_'�' 'ti+ .' '. tiy''P .:r. I isc Imp Ovr Comment 14 �; • ..ar _L s 4 ost to Cure Ovr 1 ` ost to Cure Ow Comment . , s t,' = t ��. •,,,,� '^�A. OB-OUTBUILDING& YARD ITEMS(L)/XF-BUILDING EXTRA FEATURES(B) Code Desert'lion Sub Sub Desert it WirffIlUnit Price®Gde D.Rt Cnd °%°Grid Air Value - r '.PL3 UNITE '0.00 1974 1 100 13,000 : ,,,. r ^..s 4r • .-n ,,,s I PLl I (REPLACE 1 Ii ,,200.00 '005 1 100 •,000 •�- :1 4a_. c;yq* +^ '" - 1 PO I XTRA FPL O I: :00.00 •005 1 100 00 "'' . .. I T I XTRA KITCI I: •,000.00 .005 1 100 ,500 BUILDINGSUB AREA SUMMARY SECTION iV ® - ( ( . Code Desert.tion Lirin:Area Gross Area Li.Area Unit Cost nde,rec Value ` j ", ' -:,.--• I irst Floor 1,500 1,500 1,500 98.18 147,270€ .,,„;- _ i• orch,Enclosed,Finished 0 352 246 68.61 24 151 --w r arage 0 550 220 39.27 ase,Semi-Finished 0 1,852 1,111 58.90 09/29/2017 • :a r 1 500 4 254 3 077- 315 100 YARMOUTH BOARD OF APPEALS ABUTTERS LIST Petition# inn° Name: Stacy Hadfield Filing Date:d'1-49 Hearing Date: 9�7 7( Property Location: 400 West Yarmouth Rd, West Yarmouth, MA 02673 Map Lot Number Map Lot Number Number Number Applicant# 66 90 Abutters#'s 1 2 3 4 73 74 75 76 77 87 88 - 89 57 5 2 Labels-1 Hard Copy Assessors Field Card with photo Andy Machado, Director of Assessing .o1 57/ 5/ / / 66/ 87/ / / TOWN OF YARMOUTH STONE RICHARD 1146 ROUTE 28 420 WEST YARMOUTH RD SOUTH YARMOUTH,MA 02664-4463 WEST YARMOUTH,MA 02673 66/ 1/ / / 66/ • 88/ / / TOWN OF YARMOUTH COCHRAN DARREN M WATER DEPT COCHRAN ANN MARIE 1146 ROUTE 28 414 WEST YARMOUTH RD SOUTH YARMOUTH,MA 02664-4463 WEST YARMOUTH,MA 02673 66/ 2/ / / 66/ 89/ / / HESTER CAROL A FLANDERS C ROSS III BELYEA ALAN M 408 W YARMOUTH RD 403 WEST YARMOUTH RD WEST YARMOUTH,MA 02673 WEST YARMOUTH,MA 02673 66/ 3/ / / 66/ 90/ / / MASKELL STEVEN A MACPHEE DARREN P 413 W YARMOUTH RD OMARRA SHANA K WEST YARMOUTH,MA 02673 400 WEST YARMOUTH RD WEST YARMOUTH,MA 02673 66/ 4/ / / CAMPBELL JOSH Please use this signature to certify this list of properties CAMPBELL KRISTAT as per submitted list abutting the parcel located at: 421 WEST YARMOUTH RD 44 Madison Ave., South Yarmouth, MA 02664 WEST YARMOUTH,MA 02673 Assessors Map 88, Lot100 66/ 73/ / / dQ iZ1""a""""" RON DORY G Andy Mac do, Director of Assessing RON MARINA L 34 FROST AVE WEST YARMOUTH,MA 02673 66/ 74/ / / PIONTEK ANTOINETTE M 42 FROST AVE WEST YARMOUTH,MA 02673 66/ 75/ / / SCHROECK BRIAN K SCHROECK DENISE 45 FROST AVE WEST YARMOUTH,MA 02673 66/ 76/ / / TOSCHES ALLEN L TR 264 SALT ROCK RD BARNSTABLE,MA 02630 66/ 77/ / / MANLEY MARTIN E TRS MARTIN E MANLEY REVOCABLE TRUST 2 POLLOCK RD WAYLAND,MA 01778 �os,s Mgr 6c.‘ a r OA }e w OPCS PPTH ` rni \/ DIrese,„2 ieiCP 0 pm •. 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PLAISHES r .: r. it New , " ;• POND .- -'a:...,.00 ._ N.m. / ;' now -- e ; -f�a DATE Of LATEST MM REVISION 926'15 TAX MAP INFORMATION SHOWN HEREON ISFOR ASSESSWO 1W se O 100 200 TOWN OF YARMOUTHP• ElEfim SHEET PASSUMEDORPOSE BYTHETY. OF Me YAROuT-1.1. s lir" �, BARNSTABLE COUNTY,MASSACHUSETTS 56 57 58 !x! 66 57158 Doc:1 ,257.838 11-06-2014 1 : 12 BARNSTABLE LAND COURT REGISTRY k TOWN OF YARMOUTH YARMOUTH TG'1V CLERK g \G BOARD OF APPEALS /may, t)�. _:. '�% y DECISION � �/ F; 11�.,t/7% cos•° '140CT7AH11:50 REC FILED WITH TOWN CLERK: October 2,2014 PETITION NO: #4551 HEARING DATE: September 11,2014 PETITIONER: Darren MacPhee& Shane O'Marra PROPERTY: 400 West Yarmouth Road,West Yarmouth,MA Map&Parcel:0066.90;Zoning District: 11-40 DOC.#: 1,246,981; Ctf.#:203525 MEMBERS PRESENT AND VOTING: Steve DeYoung,Chairman,Sean Igoe,Debra Martin, Bryant Palmer and Chuck Hart. 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 Petitioners seek two forms of relief in connection with property located at 400 West Yarmouth Road, West Yarmouth,MA,property in art R-40 Zoning District. First,they seek a Special Permit pursuant to §407 of the Zoning By-laws; and second, they seek a Variance from the 800 square feet limits contained within§407.2(7). • The Petitioners were well-represented by Eric Oman, Builder, who is to act as general contractor for interior changes to the basement area. Mr. Orman thoughtfully represented that the basement area of the existing structure is to be converted to a family-related accessory apartment within the existing footprint of the already built out interior basement area. The submitted plans are not to be altered. In total,the space is 908 sq. ft. While ordinarily the Board would not approve deviation from the 800 sq. ft. limit of the By-law, in this instance a Variance was deemed reasonable, particularly as the need to conform to this limit would create an economic hardship to the Petitioner by reducing the already constructed interior walls while serving no purpose to the community. Adjacent to the apartment and accessible from it is a sunroom. The Board was unequivocal in its feelings that this area should not be enclosed but should, instead, remain as it presently is, i.e. a seasonally used space best described as a sunroom. Specifically, finding that the Petitioner had met all requirements for the relief sought, the Board took the following action: Special Permit: Motion made by Ms. Martin to approve, seconded by Mr. Hart and voted unanimously in favor subject to the condition stated below. • 1 Variance: Motion made by Mr. Palmer, seconded by Mr. Hart, to approve and voted unanimous, subject to the condition applicable to both forms of relief that there be no build out/enclosure of the sunroom area as shown on the plans submitted with the Petition. 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) Unless otherwise provided herein, a Variance shall lapse if the rights authorized herein are not exercised within 12 months.(See MGL c40A§10). This Decision must be filed with the Barnstable County Registry of Deeds,Route 6A,Barnstable. Steven DeYoung,Ch ' an 2 •r11? COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS o Appeal#4551 Date: October 28,2014 Certificate of Granting of a Special Permit and Variance (General Laws Chapter 40A,section l I) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit and Variance has been granted to: Darren P.MacPhee& Shana K. O'Marra 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, MA. Map and Parcel: 0066.90; Zoning District: 11-40; Doc.#:1,246,981; Ctf.#: 203525 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)and Section 13,provides that no Special Permit, or 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 (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. Cia, Steven DeYoung, airman • OF `filit'i TOWN OF YARMOUTH ��� 1146 ROUTE 28,SOUTH YARMOUTH,MASSACHUSETTS 02664 4451 Toum Glade - �` Telephone(508)398-2231 Ext. 1285,Fax(508)398-0836 ...y is 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#4551 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. . • I. ,'i, 71.77j., , .; ^.•Philip B.Gat, III Town Clerj^ BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register Town of Yarmouth BOARD OF APPEALS 1146 Route 28 South Yarmouth, MA. 02664 Yarmouth Board of Appeals: This is a letter in regards to Petition 4770: Stacy Hadfield, 400 West Yarmouth Rd., West Yarmouth. Ms. Hadfield seeks a Special Permit under bylaw 407 and/or a Variance from Zoning Bylaw 202.5 (A10)to create an accessory apartment. I'm a neighboring Abutter to this property and reside at 414 West Yarmouth Road, West Yarmouth. I live two houses down on the same side of the road to the above address. To my knowledge,there is already an existing apartment in this residence from the previous owners. My husband and I do not have a concern and have never heard any additional noise or have issues with it being there. It's on the ground floor and faces the opposite direction of neighboring houses. Also, I have spoken to Stacy on the phone. It turns out that she is the sister of a friend and Cod worker that I worked with for nine years. Small world! I truly feel that this will not be a problem or concern if the permit for the apartment is granted and passed by the Town of Yarmouth. Thank You for your time. Sincerely, Ann Cochran 414 West Yarmouth Rd West Yarmouth, MA 02673 RECEIVED SEP 19 2018 YARMOUTH BOARD OF APPEALS RECEIVED VIA E-MAIL Clark, Sandi From: vonHone,Amy Sent Wednesday, September 26,2018 12:41 PM To: Clark, Sandi Subject: RE:09-27-18 PETITION #4770: Stacy Hadfield, 400 West Yarmouth Road, West Yarmouth The Health Department file indicates an existing 2014 Title 5 septic system with a design capacity of 4 Bedrooms total. The floor plans submitted with the septic design indicate an existing 3 Bedroom dwelling. The property is NOT located within the Zone II and is therefore not restricted to a maximum number of bedrooms based on the square footage of the lot and would accommodate 1 additional bedroom per the maximum septic capacity. Full review of the proposed project by the Health Department will be required prior to final approval. PETITION #4771: Francis V. Lloyd, Ill, 222 Pleasant Street, South Yarmouth The Health Department file indicates an existing 2007 Title 5 septic system with a design capacity of 6 Bedrooms total. The floor plans submitted with the septic design indicate an existing 5 Bedroom Main dwelling. Per the As-Built record, the existing septic system will not be impacted by the proposed demolition and reconstruction of the garage and the design capacity can accommodate 1 additional Bedroom. Full review of the proposed project by the Health Department will be required prior to final approval. Please let me know if you any additional questions. Thank you, Amy Amy L.von Hone, R.S.,C.H.O. Assistant Health Director Yarmouth Health Department Amy L.von Hone,R.S.,C.H.O. Assistant Health Director Yarmouth Health Department From:Clark,Sandi Sent:Wednesday,September 19,2018 11:13 AM To: Barnstable Planning<ellen.swiniarski@town.barnstable.ma.us>; Brandolini,Jim<JBrandolini@yarmouth.ma.us>; Cipro, Linda<Lcipro@yarmouth.ma.us>; Dan Fortier(dfortier@town.dennis.ma.us)<dfortier@town.dennis.ma.us>; Elliott,Ken<KElliott@yarmouth.ma.us>; Grant, Kelly<KGrant@yarmouth.ma.us>; Greene, Karen <KGreene@yarmouth.ma.us>; Huck, Kevin<KHuck@yarmouth.ma.us>; IT Director<itdirector@yarmouth.ma.us>; Kieran Healy<khealy@bscgroup.com>; Lawson,Carl<CLawson@yarmouth.ma.us>; Grylls, Mark <mgrylls@yarmouth.ma.us>; Mills, Dan<DMills@yarmouth.ma.us>; Murphy, Bruce<BMurphy@yarmouth.ma.us>; Raiskio, Eric<ERaiskio@yarmouth.ma.us>; Renaud, Philip<PRenaud@yarmouth.ma.us>; Richard Neitz (neitz.re@verizon.net)<neitz.re@verizon.net>;Sawyer,Jon<jsawyer@yarmouth.ma.us>;Sean Igoe <seanigoeesq@usa.net>;Sears,Tim<tsears@yarmouth.ma.us>;Smith,Scott<ssmith@yarmouth.ma.us>;Steven 1 • Viis . d 7. t • VIa . 8 V t . -T . ti• I t„i • .. 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U ■I 01 I mo • - xnGALL 98.17 AIAIED .w.ul 96.0 • II I�IIIIII�IIII II��III��IIIIII��\� • I r EXISTING WOO GALION H-20 95.79 • SEPTIC TANK D-BOX - NOTES (21)QUICK 4 MGH CAPACITY '_ BOTTOM O ' • H-10 INFILTRATORS EL 94.83 • ' 1. LEACHING PITS TO BE PUMPED OUT MD REMOVED, ALONG • COMPACT STONE - 3 TRENCHES-•(T INFILTRATORS+ e'u Dud Island/ NTH ANY CONLUENTATED SOIL OR COMPACTED BASE 2 END CAPS)SH X 2e' 2. INSTALL EFFLUENT TEE AND GAS BAFFLE ON EXISTING - MTH e'BEINEEN TRENCHES- NO STONE I 88.3 EL SEPTIC TANK BOTTOM OF 3. CERTIFIED PLOT PLAN REFERENCED - - - TEST HOLE - DONE BY ELDREDGE SURVEYING COMPANY, 3/21/74, Kai CRITERIA • • ( 3 • ` TEST HOLE LOG. NUMBER OF BE : 4 BEDROOMS J �•A11ON•8•.+ :•D.0 • SOIL TEXTURAL CLASS: CLASS 1 (.74) I DATE: 10-3-12 L7D.o DESIGN PERCOLATION RATE: < 5 MIN/IN TEST BY: Michael O'Loughlin S.E. NAa • GARBAGE GRINDER: NO WITNESSED BY: Amy Von Hone " LEACHING AREA REQUIRED 440/.74 v 595 SF O �a SEPTIC TANK: 440 GPD X 200% 880 GALLONS USE : EXISTING 1000 GALLON • ^ I �A ...G XX.Ilea- PROPOSED D-BOX: BOD 11-20 _ PERC RATE < 5 MIN PER INCH trVill, 1041 - USE(211 QUICIL4_HIGH _ PRY - ] .I• ssT • 'CAPACITY INFlLTRATORSZJ4' X 48" X in TEST HOLE # 1 , 0 DRIVEWAY D1°`•Tool . - m.11 See Note #1 - g FND CAPS.NO STaN CONFIGURATION O• LOAMY SAND 99.3 0. 4iC ,I / ,may. ' BOTTOM AREA (GENERAL USE APPROVAL FOR '• A 10YR 3/2 "I 100.0 O 7.93 SF/LF FOR TRENCH CONFIGURATION) 4" 96.97 EL CRV 106 4 • Get USE: 21 595 SF UNITS 75; 75/4' 18.75 UNITS BW LOAMY SAND 0 / o . XX - . 10YR 5/6 ' --. at .. 9' .t , f b 97.97 EL_ . �I '.,. ns . . . . 16" 5" 104.2 lY 10x.;I ag ; : . .4 •� mrt • C k � : O7 13? 2.5Y 7/6 88.3 EL I(,(� : �� Se- Note /1 FLOOR PLANS (NTS) WATER NOT ENCOUNTERED • 3 ,:, . low 22 - w°5r 'N' Loos •• -• I TEST HOLE # 2 J 66T 105.4 aux,. -r IAOf� RIGai A• _ L P. 'D O. 99.3 EL O 04-2 n 20� • A LOAMY SAND 'Cr • 0 cie a"ao- ^ ao- loan r -TKDPfl 4" 10YR 3/2 98.97 EL -ur<0 I® ONLY II11 POOL ATX/ ie BW' LOAMY SAND ROOM10YR 5/6 • © 20" 97.63 EL btTla • GDT • IOL - ��_ C M. F.Y 7S. Wim. TRooL- .ra. 2.5Y 7/6 132" 88.3 EL • • - • pasT rEOaR BASEMENT Yarmoot1th Health Depnrtmea R NOT ENCOUNTERED -.ri poGlelO PITA Ix1GGT • I APP" N'ED . • • • ICGigIGDTKD Cyet 0", . �9Y0I' bu i Mame Date • 661 WORN NOT DRAWN BY: T.CaIIACTm m aE laaOI L!EOn TIN LOCAem SEWAGE PLAN • Of AIL WRITES MOPE So.'ATAaw PRIOR 111 MARYBETH MCKCNZIE • MY�AVAnDX q LdSMRR:MRR LOT AREA ;.SEM SYSTEM IS TO ea INSTALLED IN CagIARCE REGISTERED SANITARIAN • 92,%2.4 M-OF. S art. 4°„"aw,,•,;o,IS�T,,,YOO AA1L LOCATION: 400 WEST YARMOUTH ROAD, YARMOUTH, MA 4. THIS em EL MOFOR¢aninST,i,wa. • OoEmm To MaTLT•win ow- - v'1,/Jf R MEN REQUIRED IV PLAN.MO 11x4 MACRON Some PREPARED FOR: ROBERT AND SUZANNE WHYNOTT • BARRLL .• tIl lS S; 10 w NPS,xi110E FOS IM "1y ;� 4 no MSITS n WT 11010415 FOR ss U4 m A "APMASaRCO.R SCALE: 1" a 20' MAP: 66 PARCEL: 90 ,.THE TDP a All SYSTEM CBMtl,CMe SW.SE yam \ • M YAWI[TIC MARKING TAPE m A Ld6A,ASIL 1111X5 x ' 4 TO=PIPE TXEM ace Ma I • react T.''�e 140110lIC w°A uo 1)01040 as XLrw SHEET NUMBER: DATE: • 11/12/12 I I.T mwTAME MAMMAL IS Pao 111 Ra MMUR,OR DIE REVISION: . 2/27/13 •1322 Co ' • iitN REPFTS a SC SAS A,aNW REQUIRING CLEAR GRANULAR LAO 1441xa 3o410“1az y31 RE Ema 9/6/13 It Ml.CR 140104%, "R PR Cdxe('LIW AT 4MO 414D IAM MO 0-1102 9MLL e�A PEACEL IF 4PIER MAR PIPE;. J. O'LOUGHLIN, INC. • 1.3N .714 MAIN STREET, YARMOUTH PORT, MA 02675 1 / • . (508) 362-4942 ?-f) r5