HomeMy WebLinkAbout2017 Mar 30 - BOA Decision - Petition #4684 • Bk 30436 P=105 *17375
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FILED WITH TOWN CLERK: March 30,2017
PETITION NO: #4684
HEARING DATE: March 23,2017
PETITIONER: Daniel E.Gent
PROPERTY: 40 Cocheset Path,West Yarmouth,MA.
Map&Lot#: 0064.21; Zoning District: R-40
Book/Page:22303/292
MEMBERS PRESENT AND VOTING: Steven DeYoung,Chairman, Bryant Palmer,Richard
Neitz,Gerald Garnick 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,Daniel E.Gent,seeks relief in connection with property owned by him and located
at 40 Cocheset Path, West Yarmouth, MA. This property is located in the Zoning District R-40.
The application seeks approval consistent with By-law§407. Specifically,the applicant is seeking
approval of a Family Related Accessory Apartment to be included in a detached garage to be
built.
The Petitioner appeared and did a fine job of describing the scope and nature of the intended
work. No one spoke in favor nor against the Petition. No exhibits were received during the
hearing. There was correspondence from Ms. Amy vonHone, Assistant Health Director, which
indicated that the Board approved the plans and advised that the septic system that exists would
be adequate for an additional one bedroom apartment as proposed by the applicant.
The Petitioner presented renderings of the proposed construction of the detached garage which is
both tasteful and appropriate for the named. The garage needs no relief beyond that of approval
under By-law §407. The apartment proposed will consist of one bedroom, a living and dining
room, and a kitchen and bath. The final dimensions are less than 800 ft.2 of living space. It was
represented that the applicant's family member will reside within the apartment and that this
apartment is to be used solely for family members unless other relief is sought.
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The Board was of unanimous consensus that the grant of relief to this Petitioner would not result
in any undue hazard,nuisance nor congestion nor be a detriment to the existing or future character
of the neighborhood or Town. Mr. Neitz moved to approve the Special Permit on the sole
condition that the Board of Health approve the project consistent with the correspondence of Ms.
vonHone.This Motion was seconded by Mr. Garnick and the vote of the Board was unanimously
in favor.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This decision
must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. 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,MGL c40A
§9)
Steven DeYoung,tidirman
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