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HomeMy WebLinkAbout2018 Dec 14 - BOA Decision, Notice of Meeting and Email - Petition 4780 Bk 31772 - .__ � _ � --_ Cti-09-'?019 of i i = 47ct aF a t► TOWN OF YARMOUTH "� - BOARD OF APPEALS © ._� f� DECISION �; The Board discussed the fact that the requirements of§407.2 of the Bylaw have been met, and that the issuance of the Special Permit will not result in undue nuisance, hazard or congestion and that there will be no substantial harm to the established or future character of the neighborhood or town. Incorporated hereto by reference are the Family Related Apartment Affidavit and the Declaration Of Covenants for a Family Related Accessory Apartment. Accordingly, a Motion was made by Mr. Igoe, seconded by Mr. Nickinello, to grant the request for the Special Permit, as requested, without conditions. 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, 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, Chan .: Eli< 31772 P91152 -t1-09-2019 a 11LI4 7 DECLARATION OF COVENANTS FAMILY RELATED ACCESSORY APARTMENT Whereas, Wendy A. Dean and John H. Curry, Jr. are the owners of the property located at 81 Bettys Path, West Yarmouth, MA 02673, more particularly described in a deed dated and recorded with the Barnstable County Registry of Deeds in Book: 30373,Page: 149 which real estate is shown on Yarmouth Assessor's Map#75,Parcel:#10; Whereas, Wendy A. Dean and John H. Curry, Jr. have been granted a Special Permit to create a Family Related Accessory Apartment in Appeal#'1780,Dated 1.2./i 1-(18 • 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 Wendy A.Dean and John H. Curry,Jr. agree that on sale of the premises or transfer of beneficial interest, or when they no longer occupy the premises, as their p ncipal residence, whichever comes first, that the rights granted to them in Appeal #4780, Dated:12/11 id , shall lapse and the held in1!s rate ownershipfrom the Special Permit shall be void. No accessory apartment shall beep principal structure/dwelling unit. Signed under the pains and penalties of perjury,this day of December,2018. i ifildilP , 0 :A IIIIIII - Ower � 0 ��� 'ii, � fr COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this the 1 day of December,2018,before me,Paul R.Tardif. The undersigned Notary Public,personally appeared Wendy A. Dean and John H. Curry, Jr., and proved to me through satisfactory evidence of identity, which was/were Mk 0c\t r r-5 Lice r�ht,.. , to be the persons whose names 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 th-ir knowledge and belief. S Mr re of Notary Public '�v e,i)c-rJ.n )u.. Printed Name of Notary Place Notary Seal and/or Stamp Above My Commission Expires -0- 105 icy igABENJAMIN J HEDDERIG „ Notary Public COMMONWEALTH OF MASSACHUSETTS My Commission Expires On January 18,2024