HomeMy WebLinkAboutDecision 4756 Q RECEIPT Bk 31641 Ps23 = 4315
Pnted: November 2, 2018 0 11:19:12 11-02-2018 a 11 ' 5
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BARN)TABLE COUNTY REGISTRY OF DEEDS
JOHN F. MEADE, REGISTER TOWN OF YARMOUTH
Trans#: 285413 Oper:JANICE BOARD OF APPEALS
CHRISTOPHER DECISION RECEIVED.,
Book: 31641 Page: 23 Inst#: 54815 NOV 08Ct1#: 399 Rec:11-02-2018 0 11:15:45a
YARM 603 WEST YARMOUTH RD
DOC DESCRIPTION TRANS AMT riLC ' -TMENT
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1 YARMOUTH TOWN OF August 9,2018
2 KENNEY, CHRISTOPHER
REDEMPTION
County Fee $ 10.00 12.00
Surcharge CPA $20.00 20.00
State Fee $40.00 40.00
Surcharge Tech $5.00 5.00 )18
State/County pg adj 2.00-
Total fees: 75.00 er T.Kenney
nic Total charges: 75.00 Yarmouth Road,West Yarmouth
CHECK PM 337 75.00 t#:0144.44; Zoning District: R-40
e: 25177/319
MEMBERS PRESENT AND VOTING: Steven DeYoung,Chairman,Sean Igoe,Dick Martin,
Thomas Nickinello,and Tom Baron.
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.
Christopher T. Kenney, 603 West Yarmouth Rd., West Yarmouth, MA (property located in an R-
40 Zoning District) did a fine job of presenting his Petition in which he seeks a Special Permit
under Zoning Bylaw §407 for a family related apartment and a Variance from the provisions of
§407.2 (7). Additionally, the Petitioner sought a waiver of the requirement for a site plan of no
longer than 2 years of age. Nobody spoke in opposition to the Petition and no exhibits were
received.
Simply stated, the Petitioner seeks to complete construction of the 2nd floor above a two-car
garage where there is habitable space to provide for an apartment to be occupied by his mother
and father. The dimensions of the garage, which requires no relief, are such that when the 2nd
floor above the garage is completed,the actual living space will be 1100 sq. ft+/-.
This property is located adjacent to a golf course and on a large track of land. The location of the
garage will be toward the rear of the property and have no effect on abutters. Similar relief was
sought by the Petitioner by Petition #4077 which was approved by the then sitting board
following a hearing of October 26, 2006.
Taking into consideration the location of the property as well as where the garage structure is
located, the Board concluded that the Petitioner met the requirements of§407 and that the relief to
exceed the square footage requirements under §407.2 (7)was reasonable. A Motion was made by
Mr. Igoe, seconded by Mr. Baron to grant a Special Permit for an accessory apartment which
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131< 31641 P923 1-54815
11.—O2-2018 a 11 :15ct "_,'
�A• � �rG TOWN OF YARMOUTH
��IC BOARD OF APPEALS
T r .4 fir • DECISION
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FILED WITH TOWN CLERK: August 9,2018
PETITION NO: #4756
HEARING DATE: July 26,2018
PETITIONER: Christopher T.Kenney
PROPERTY: 603 West Yarmouth Road,West Yarmouth
Map & lot#:0144.44; Zoning District: R-40
Book/Page: 25177/319
MEMBERS PRESENT AND VOTING: Steven DeYoung,Chairman,Sean Igoe,Dick Martin,
Thomas Nickinello,and Tom Baron.
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.
Christopher T. Kenney, 603 West Yarmouth Rd., West Yarmouth, MA(property located in an R-
40 Zoning District) did a fine job of presenting his Petition in which he seeks a Special Permit
under Zoning Bylaw §407 for a family related apartment and a Variance from the provisions of
§407.2 (7). Additionally, the Petitioner sought a waiver of the requirement for a site plan of no
longer than 2 years of age. Nobody spoke in opposition to the Petition and no exhibits were
received.
Simply stated, the Petitioner seeks to complete construction of the 2nd floor above a two-car
garage where there is habitable space to provide for an apartment to be occupied by his mother
and father. The dimensions of the garage, which requires no relief, are such that when the 2nd
floor above the garage is completed,the actual living space will be 1100 sq. ft+/-.
This property is located adjacent to a golf course and on a large track of land. The location of the
garage will be toward the rear of the property and have no effect on abutters. Similar relief was
sought by the Petitioner by Petition #4077 which was approved by the then sitting board
following a hearing of October 26,2006.
Taking into consideration the location of the property as well as where the garage structure is
located,the Board concluded that the Petitioner met the requirements of§407 and that the relief to
exceed the square footage requirements under §407.2 (7)was reasonable. A Motion was made by
Mr. Igoe, seconded by Mr. Baron to grant a Special Permit for an accessory apartment which
1
Motion passed unanimously and without condition. A second Motion was made by Mr. Igoe,
seconded by Mr. Martin to grant a Variance for the allowance of an 1100 ft.+/- living space as
sought by the Petitioner. Again, this Motion carried by unanimous vote in favor. Accordingly,
both the Special Permit and the Variance sought by the Petition were allowed."
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 24months. (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,Bamstable.
Steven DeYoung,CRauman
2
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TOWN OF YARMOUTH
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FAMILY RELATED APARTMENT
�r AFFIDAVIT
AFFIDAVIT OF: oAr/5 d4p h✓ 7 iC e19/9 c'7
(Name of Petitioner)
I/We hereby certify that Uwe are the owners in principal residence, and will occupy the main portion of
the residence,W/ L �/�at , //
3 C./ r /cc/yln cu /L ROC-4 `Air's f ltNi't P r r /Gt l'%/r
(Address)
I/WE further certify that the FAMILY RELATED ACCESSORY APARTMENTatsaid address will be
occupied by Laure/I Cc 1C it t 41 act? G'%'a itcGJ /`chit t7
(Name) �' y �/� I
as his/her principal residence who is my/our , /Lc 7L /%4 Tf�r
(Relationship to petitioners)
Signed under the pains and penalties of perjury,this Z day of J u �1 20 1 7
,3&1,�,Lrr /�hnce7 I
Owner/Owners of property 11
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COMMONWEALTH OF MASSACHUSETTS
Barnstable,ss. (' e
On this the lAJ day of Z-ui)/ ,lCii ,before me, G49 ni IPA('
Month Year Name of Notary Public
The undersigned Notary Public,personally appeared One;S•toPke/ T k Q n n Q y
Name of Signer(s)
Proved to me through satisfactory evidence of identity,which was/were MA Dv:ve+3 L:cen See
, to be the person(s) whose name(s)
was/were signed on the preceding or attached document in my presence, and who swore or affirmed to me that the
contents of this document is truthful and accurate to the best of his/her/their lmowled and e£
tl,1�/7
••••;4‘,L 512%.f,0+,' � DA Signature of Notary Public
'� (4VVh yr.*.cG�.NTnIND
S o u c. C4CanurvFxa! :frerit W AtinadIUSeHa CCDOVk T41
F�{hes
X17$ `o n"°"°a's,taro Printed Name of Notary
`r ' V� \; ,,'/ 1Z IS kg
Rt` Putt Notary Seal and/or Stamp Above My Commission Expires
H:\MyFiles\DocumentsApplication\AffidavitFamilyRelated.doe(12015)
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DECLARATION OF COVENANTS
/FAMIILY/RELATED ACCESSORY APARTMENT
Whereas, ( 241/. "6Cl�.c✓ /�I /� iin c9' is$ e o eryofthe property
at, 603 adt firms /4 ,&u( /r/e 44ri tioir"e`¢anccuiarly described in a
deed dated and recorded with the Barnstable County Registry of Deeds in
Book: 3 75 Page: 5' ? which real estate is shown on Yarmouth Assessor's
Map# //P��a//rcel:/ // ;
Whereas, (i/4rf drpdr% /lint eV has been granted a Special Permit to create
a Family Related Accessory Apartment' Appeal# Dated
}
Whereas, said Special Permit and Section 407 of Town of Yarmouth Zoning Bylaw
require that the accessory apartment be limited to the term of ownership and occupancy
of the premises by the Petitioner;
•Now therefore 116s 4/l kv 2' Kt atteq'agrees that on sale of premises or transfer
of beneficial interest, or*hen he/she no lon er occupies the premises, as his/her principal
residence whichever comes first,that the rights granted to him/her in Appeal #
Dated:' its t t shall lapse and the Special Permit shall be void. No accessory
apartment shall be held in separate ownership from the principal structure/dwelling unit
Signed a airra and enalties of perjury,this 2nL day of 3-LAY 20 t8.
/(Signature)
/ COMMONWEALTH OF MASSACHUSETTS
Barnstable, County, ss.
On this 2ACL day of Svey ,20 t$ ,before me,the undersigned.
notary public,personally appeared Chetcaootcr kinnej , (Owner)
proved to me through satisfactory evidence of identification, which was [a current
driver's license] [a current U.S. passport] [my personal knowledge],to be the person
whose name is signed on the preceding instrument and acknowledged to me that he/she
signed it voluntarily for its stated purpose.
WITNESS my hand and official seal.
o .nn rH •, Notary Public
. •°w My commission expires: 17, IS 119
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/ Y� COMMONWEALTH OF MASSACHUSETTS
/
�_ ..rt" :�r� TOWN OF YARMOUTH
u BOARD OF APPEALS
.si..
Appeal#4756 Date: August 30,2018
Certificate of Granting of a Special Permit& Variance
(General Laws Chapter 40A, section 11)
Christopher T.Kenney
603 West Yarmouth Road
West Yarmouth,MA 02673
Affecting the rights of the owner with respect to land or buildings at: 603 West
Yarmouth Road, West Yarmouth, MA Zoning District: R-40; Map & Lot#: 0086.6;
Book/Page: 25177/319 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
and 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.
Steven DeYoung, +dirman
,
/ ('
.r TOWN OF YARMOUTH
11" :\: Town
~'ll 1146 ROUTE 288 SOUTH YARMOUTH MASSACHUSETTS 02664-4451 Clerk
;, Telephone(508)398-2231 Ext. 1285,Fax(508)398-0836
CERTIFICATION OF TOWN CLERIC
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 #4756 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.
tit' di h /
/ ''
r_\ i Philip :.. 'aide., I
'1 rhTown Clerk,,,1„,'
\ c_, I S11 r
s s .1
t,. .4, -4-. +
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register
; ma k COMMONWEALTH OF MASSACHUSETTS
we• _''r TOWN OF YARMOUTH
o ,` BOARD OF APPEALS
. s
Appeal#4756 Date: August 30,2018
Certificate of Granting of a Special Permit& Variance
(General Laws Chapter 40A, section 11)
Christopher T.Kenney
603 West Yarmouth Road
West Yarmouth,MA 02673
Affecting the rights of the owner with respect to land or buildings at: 603 West
Yarmouth Road, West Yarmouth, MA Zoning District: R-40; Map & Lot#: 0086.6;
Book/Page: 25177/319 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
and 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.
lasS
Steven DeYoung, Can