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4884demonstrates that no undue nuisance, hazard, or congestion will be created and that there will be no substantial harm to the established or future character of the neighborhood nor of the town. TOWN OF YARMOUTH BOARD OF APPEALS APPLICATION FOR HEARING VP id l , l N fit*=1� . '2 . E 17uH 2a48 REC Appeal#: 0 Hearing Date: �� /, Fee$ Owner -Applicant: T)e lre,- _ l Lf�W L 11) . Eo w y�y" (Full Names- including d/b/a)_ (Address) (Telephone Number) (Email Address) and is the (check one) Gwner Tenant Prospective Buyer Other Interested Party Property: This application relates to the property located at:!5I Abe _11 S Mo tA)• Li nxyY)WA . M G . w(PIF— and shown on the Assessor's Map #; as Parcel#: Zoning District: 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"): REIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals: 2� 17D rr�� 1 f —Fam << o el 1) 0 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)M SPECIAL PERMIT under § � of the Yarmouth Zoning B -law and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5 .(use space (below if needed) 3)L�IVARIANCE 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: Relief sought: 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: FACTSHEET Current Owner of Property as listed on the deed (if other than applicant): Name & Address Title deed reference: Book & Page# or Certificate # Land Court Lot # Plan # 6rovide copy of recent deed Use Classification: Existing: I g f66111V§202.5 # 41 Proposed: <, U J ;r §202.5 # 1i Is the property vacant: A/P If so, how long?: Lot Information Size/Area: Plan Book and Page 1 Lot# Is this property within the Aquifer Protection Overlay District? Yes No Have you completed a formal commercial site plan review (if needed)? Yes No� Other Department(s) Reviewing Project: Indicate the other Town Departments which are/ have/ or will review this project, ano jndicate the status of their review process: J J Repetitive Petition: Is this a re -application: 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: Building Commissioner Comments: Applicant's /Attorney /Agent Signature Address: Phone E-Mail: Buil i o issioner Signature Date FACT SHEET Current Owner of Property as listed on the deed (if other than applicant): Name & Address Title deed reference: Book & Page#. Land Court Lot # Plan # or Certificate # (provide copy of recent deed) Use Classification: Existing: §202.5 # Proposed: §202.5 # Is the property vacant: If so, how long?: Lot Information Size/Area: Plan Book and Page Is this property within the Aquifer Protection Overlay District? Yes Have you completed a formal commercial site plan review (if needed)? Yes Lot# W No 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: Repetitive Petition: Is this a re -application: 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: Building Commissioner Comments: Applicant's /Attorney /Agent Signature Address: Phone E-Mail: 4ibnieAissioner'Signature Date QUITCLAIM DEED FEDERAL HOME LOAN MORTGAGE CORPORATION, a corporation organized and existing under the laws of the United States of America of 8250 Jones Branch Drive, Mailstop A62, McLean, VA 22102, For consideration paid and in full consideration of FOUR HUNDRED THOUSAND AND 00/100 ($400,000.00) DOLLARS grants to Derek J. Fowler and Jillian M. Fowler, husband and wife, as Tenants by the Entirety, of 74 Station Avenue, South Yarmouth, MA 02664 With Quitclaim Covenants the following described premises: The land in Yarmouth, (West), Barnstable County, Commonwealth of Massachusetts, described as follows. Being Lot 8 on a plan of land entitled, "Plan of land in Yarmouth, Mass. Prepared for Robinson Family Realty Trust" dated June 23, 1988 Scale 1 inch = 50 feet drawn by Down Cape Engineering, inc., Civil Engineers and Land Surveyors, Route 6A, Yarmouth, Mass., which plan is filed with the Barnstable County Registry of Deeds in Plan Book 451, Page 79. Being the same premises conveyed by Foreclosure Deed recorded with the Barnstable County Registry of Deeds in Book 30542, Page 191. THE SELLER IS EXEMPT FROM PAYING THE MASSACHUSETTS STATE EXCISE STAMP TAX BY VIRTUE OF 12 UNITED STATES CODE 1452. This conveyance is in the ordinary course of business and does not constitute a transfer of all or substantially all of the corporate assets of Federal Home Loan Mortgage Corporation in Massachusetts. WITNESS the execution and the corporate seal of said corporation this day of September, 2018. FEDERAL HOME LOAN MORTGAGE CORPORATION - I . 2-/�l = By: Harmon Law Offices, P.C. as attorney in fact for Federal Home Loan Mortgage Corporation For authority see Power of Attorney filed with the Barnstable County Registry District of the Land Court as Document No. 1203005; also see the Vote filed with said Land Court as Document No. 1203006. COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. September -L-, 2018 On this of September, 018, before me, the undersigned notary public, personally appeared S %iH&=on Law Offices, P.0 as attorngy in fact1 Home Loan Mortgage_C, p1poration, proved to me through satisfactory evidence of identification, which was personal knowledP-eto be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily as his/her free act and deed and the free act and deed of Fedetal Home Loan Mort¢aev Coraoraties. ,` %%kilrtirr,� H YL M My ilic: Laura M. Brissette fission Expires: May 24, 2024 DECLARATION OF COVENANTS FAMILY RELATED ACCESSORY APARTMENT Whereas,,Dfr-LK PO4 )[ex'�` -J1'1_lian j' W15r is the owner of the property at, 5) hhe jjs jZA , 1U• �()LfWDL&*41Y1d, blig3nore particularly described in a deed dated and recorded with the Barnstable County Registry of Deeds in Book: 3 .i sj d Y Page: which real estate is shown on Yarmouth Assessor's Map#°Parcel: cif, ; Whereas, fWeV, abkx- ', J-jII j an Was been granted a Special Permit to create a Family Related Accessory Apartment in Appeal # A-1- Dated 10- 'd0; 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 DQ, ?—yi UUL �lUt�grees that on sale of premises or transfer of beneficial interest, or when he/she no longer occupies the premises, as his/her principal residence, whichever comes first, that the rights granted to him/her in Appeal #_R' Dated: l a- �o', lhall lapse and the Special Permit shall be void. No accessory apartment shall be held in separate ownership from the principal structure/dwelling unit. Signed under the pains and penalties of perjury, this day of DQCLMbf k/ 20a COMMONWEALTH OF MASSACHUSETTS Barnstable, County, ss. On this d ? day of : e 1/V,6 U , 20 ,RO , b ore me, t�e undersigned notary public, personally appeare f-e o w l sr d f L , o� o uj lr-r , (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. A�111etv� a4xo�--- Notary Public My commission expires: -/�/ 3 a 0 a (a �'9"''�• MARYELLEN B.TRAYNER ` NOTARY PUBLIC } 4 Commonwealth of Massachusetts �c My Commission Expires on ' March 13, 2026 TOWN OF YARMOUTH FAMILY RELATED APARTMENT AFFIDAVIT AFFIDAVIT OF: Dfx-tK F�u-)Ie r TMiCLn 'f-Cw 2 (Name of Petitioner) I/We hereby certif}, that I/we are the owners in principal residence, and will occupy the main portion of the residence, at J, I A b tffs go (Address) 3 I/WE further certify that the FAMILY RELATED ACCESSORY APARTMENT at said address will be occupied by t:.L (Name) as his/her principal residence who is my/our pace n+3 (elationship to petitioners) Signed under the pains and penalties of perjury, thisjo�jday of DCt C1'1bV 206?0. D U"eK Fbw kec SHIAn ffiwl e- Owner/Owners of property COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. 0.7 On this the o2 9 day of�`CFiY/ F1 ,q? aaO before me, Q (Ji CIr Month Year Name of Notary Public The undersigned Notary Public, personally appeared��IL� i i/11)11 A"/'r Name of Signer(s) oved to metro satisfactory `4dencof identity, which was/were Gl L G fUS nu" ( r 011>> l o��6II _ , 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 kn ledge and belief. 3 Signature o Not ry Public l��r ray N 6�1 Printed Name fo Notary Place Notary Seai and/or Stamp Above My Commission Expires Oy Gh 1,1 C? o a & ¢,,;�-►�ffi MARYE! H:1MyPileslDocumentslApplicatianlAffidavitFamiiyRelated.doc(1/2015) EN B.TRAYNER � NOTARY PUBLIC Commonwealth of Massachusetts My Commission Expires on if "9'v ••••• March 13. 202b ABUTTERS LIST Petition# Q Name Filing Date:�3 Hearing Date: Property Location: _J_1 Nbe J S M, uJ • ()- frroMkR-), ma • CGO113 Notices must be sent to the petitioner (applicant), abutters, and 9wngts of land directly QI2pt?Fitg gn any public or private street or way. and abutters to the abutters (only within 300 feet of the property line) of the petitioner as they appear on the most recent applicable tax list. Provide only the abutters map and lot number . Postage charges for all applications will be determined by multiplying the number of abutters (and the parcel (din question) times .SU which is the current cost for the two required mailings. Add that to the application fee and include your check ►iith the application. Map Lot Number Map Lot Number Numbee Number A ► ►lica► t #i Abuffer-s #'s 2 Labels -I Hard Copy Assessors Field Card with photo Andy Machado, Director of Assessing SCHEDULE OF BOARD OF APPEALS MEETINGS FOR 2020 (subject to change) 391 391 1 1 391 1I 1 1 TOWN OF YARMOUTH WREN TIMOTHY J 1146 ROUTE 28 WREN KAREN S SOUTH YARMOUTH, MA 02664 43 ABELLS ROAD WEST YARMOUTH, MA 02673 391 371 1 1 311 701 1 1 HODGMAN PARKER TEIBEL ALBERTO JR HODGMAN B L & DIEMER P L TRS SOUSA TIEBEL MARIA D 64 HIGGINS CROWELL RD 32 ABELLS RD WEST YARMOUTH, MA 02673 WEST YARMOUTH, MA 02673 391 381 1 1 391 3451 1 1 YARMOUTH CONSERVATION TRUST ADAMS PHILLIP A P O BOX 376 ADAMS SHEILA M YARMOUTH PORT, MA 02675 40 ABELLS RD WEST YARMOUTH, MA 02673 311 641 C11 1 391 3431 I 1 MOLLOY DANIEL J DR TRS HODGIN STANLEY F DR DANIEL J MOLLOY LVG TRUST 11 PHILLIP AVE 30 HIGGINS CROWELL RD BURLINGTON , MA 01803-1131 WEST YARMOUTH, MA 02673 311 641 C21 1 391 3441 1 1 STEVEN C CARADIMOS REALTY LLC LEONARDO ROSEMARY E 30 HIGGINS CROWELL RD UNIT 2 LEONARDO JOSEPH WEST YARMOUTH, MA 02673 100 PAINE ST UXBRIDGE , MA 01569 311 641 C31 1 391 3361 1 1 YARMOUTH DC LLC WOJNAR ROBERT J 30 HIGGINS CROWELL RD UNIT 3 WOJNAR NANCY WEST YARMOUTH, MA 02673 690A OLD NASSAU RD MONROE TOWNSHIP, NJ 088361 311 641 C41 1 391 3371 1 1 WHALEY MARC A TR LEGRAND CHRISTINE TRIAD REAL ESTATE NOMINEE TRUST SOLTYS CHAD E 60-1 MUNSON MEETING WAY 94 KENNEDY RD, CHATHAM , MA 02633 WEST BROOKFIELD , MA 01585 311 641 C51 1 JODOIN DENNIS TR CAPE PERIO RLTY TRUST 443 ROUTE 130 SANDWICH, MA 02563 391 31 1 1 SHEA ROBERT D SHEA CARLA 63 ABELLS RD WEST YARMOUTH, MA 02673 391 21 1 ! FOWLER DEREK J FOWLER JILLIAN M 51 ABELLS RD WEST YARMOUTH, MA 02673 391 3351 1 I DENNIS MARIA F 5 WOODVILLE ST ROXBURY , MA 02119 391 3341 1 1 SEVIGNY PAUL J SEVIGNY JOSEPHINE M 7 PORTER TER WEST ROXBURY , MA 02132-2519 391 3211 1 1 OSULLIVAN EDWARD 4 WHIFFLETREE ROAD WEST YARMOUTH, MA 02673 391 3221 1 1 TOZESKI WALTER S TOZESKI DONNA L 16 CATALINA DR SHREWSBURY , MA 01545-3401 391 121 1 1 CROWELL HENRY (HEIRS OF) C10 ELIZABETH J OTIS 1 STRAWBERRY LN WARREN, NJ 07059 391 331 1 1 PAI GURUDATH G TRS PAI SEEMA G TRS 9 SETON DR SHREWSBURY, MA01545 391 341 1 1 JAZWIERSKI EWA 74 HIGGINS CROWELL RD WEST YARMOUTH, MA 02673 391 351 1 1 LYONS JOHN P LYONS JEANNE M 72 HIGGINS CROWELL RD WEST YARMOUTH, MA 02673 391 361 I 1 ANDERSON JOSHUA J ANDERSON ERICA M 68 HIGGINS CROWELL RD WEST YARMOUTH, MA 02673 391 41 I I JALBERT DENNIS D JALBERT PATRICIA J 69 ABELLS RD WEST YARMOUTH, MA 02673 391 111 1 1 TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH, MA 02664 YARMOUTH PROFESSIONAL PARK CONDO 30 HIGGINS CROWELL RD WEST YARMOUTH, MA 02673 Please use this signature to certify this list of properties abutting within 300' of the parcel located at: 51 Abells Rd., West Yarmouth, MA 02673 Assessors Map 39, Lot 2 Andy Machado; Director of Assessing t TOWN OF YARMOUTH BOARD OF APPEALS FILED WITH TOWN CLERK: DECISION NOV 1 3 1989 HEARING DATE: October 26, 1989 sp PETITION NO: 2681 PETITIONER: Bruce & Eleanor Gustowski t3 P 3;19 42 Hazelwood Road South Dennis, MA Members of the Board Present and Voting: Donald Henderson, ijWiieGfttt ji�taSU}�f.i� Campbell, Fritz Lindquist, Joyce Sears, David Reid. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby and that public notice of such hearing having been given by publication in The Yarmouth Sun on October 11, 1989 and October 18, 1989, the hearing was opened and held on the date first above Written. Property located atX Abells Road, West Yarmouth, and shown on Assessor's Map 126 as Lot AS. REASON FOR DECISION This is a request to allow a Special Permit for a Family Related Apartment, as required under $407 of the Yarmouth Zoning By-law. This Board finds that: 1. The proposed apartment will be a complete, separate housekeeping unit that functions as a separate unit from the basic residence. 2. The lot has more than 10,000 square feet of area. 3. The dwelling will retain the appearance of a single family residence. 4. The family related apartment will consist of no more than one living room, one bathroom, one kitchen and one bedroom and will only have two occupants. ' 5. The apartment will have no more than 500 square feet of habitable space, closets and storage, and is clearly a subordinate part of the single family dwelling in which it is located. 6. There will be at least three off-street parking spaces for use by the residents of the main residence and the apartment and no more than two will be located within the front yard set -back. 1 • Page 2 7. The apartment will be in conformity with the state building code, fire department requirements, Board of Health requirements and zoning by-law. 8. The lot is serviced by a public water facility and the owners will install required water saving devices. There are no separate meters .for utility services to the dwelling and the apartment. 9. The owners have filed the necessary Declaration of Covenants and will record the same at the Barnstable County Registry of Deeds upon issuance of this Decision and expiration of the applicable appeal period. Based upon the foregoing the Board found that the issuance of the Special Permit would not result in undue nuisance, hazard or congestion and there would be no substantial harm to the established or future character of the neighborhood or town. Therefore, on motion duly made by David Reid and seconded by Leslie Campbell, the Board unanimously grants to Bruce and Eleanor Gustowski a Special Permit for a Family Related Apartment as defined in 5407 of the Yarmouth Zoning By-law. No permit issued until 20 days from the date of filing decision with the Town Clerk. Fritz Lindquist clerk Clark, Sandi From: TIMOTHY -WREN TIMOTHY -WREN <ksww@comcast.net> Sent: Monday, March 1, 2021 12:42 PM To: Clark, Sandi Subject: Permit request #4884 Attention! This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. I am writing in regard to a notice I received concerning petition #4884. Derek and Jillian Fowler have requested a special permit for a family related apartment. They have been exceptional neighbors and tremendously supportive to me in the recent loss of my husband. Their property is always well kept and immaculate. I would wholeheartedly agree to and support the granting of this permit. Sincerely, Karen S. Wren 43 Abells Road West Yarmouth, MA 02673 Karen Dimensions Are Approxirr WC loilaw Apadment , -t') r---------------------- 13e� Uving Room Family Room H10tchenKitchen i.3�Clrcxki• Living Room M N Dining Den Ar cal Both ta0 Bedroom 42' First Floor TMAL Sh th by a r noAa, <, Area Calculations Summary Living Area Calculation Details Fret Floor 1428 Sq ft 28 x 24 - 672 18 x 42 - 7W Total Living Area (Rounded): 1428 Sq It lion -living Area • -- A l', . a 966 Sq ft 24 x 14 - 336 12 x 49 . 589 4 x 9 . 36 4.5x4x3 - 6 38 x 14 . $32