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Home My WebLink About03-25-21 Decision 4888-48 Eileen Street recorded06-01-2021 & FILED WITH TOWN CLERK: PETITION NO: #4888 TOWN OF YARMOUTH BOARD OF APPEALS DECISION April 20, 2021 HEARING DATE: March 25, 2021 PETITIONER: Paula A. Quigley PROPERTY: 48 Eileen Street, YarmouthPort, MA Map & Lot#:0135.115; Zoning District: R-40 Book/Page: 32929n7 MEMBERS PRESENT AND VOTING: Steven S. DeYoung, Chairman, Sean Igoe, Dick Martin, 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. The Petitioner, Paula A. Quigley of 48 Eileen Street, YarmouthPort, MA. The property is located in an R-40 Zoning District. The Petitioner seeks a Special Permit under By -Law §407 to allow for the creation of a Family Related Apartment. The Petitioner did a fine job in presenting the merits of the relief sought. The Petitioner provided a duly executed Declaration of Covenant and Family Related Apartment Affidavit. She expressed knowledge of the limitations of the use of the apartment should the relief be granted. The proposed apartment is in the basement, it will have a walkout, as a second means of egress. Once converted, it will consist of a kitchen, bathroom, living room and bedroom. The apartment will be approximately 704 ft.'. The Petitioner stated this is her primary residence. No one spoke in opposition to the Petition and no exhibits were received during the hearing. The grant of a Special Permit to allow for a Family Related Apartment is usually looked upon favorably by the Board. If granted, the Board felt unanimously that it would cause no undue hazard, nuisance nor congestion nor would it be a detriment to the existing or future character of the neighborhood or Town. Upon a Motion made by Mr. Martin and seconded by Mr. Baron to approve the requested relief, the Board voted by roll call vote as follows: Mr. Igoe- aye, Mr. Barron- aye, Mr. Martin- aye,and Mr. DeYoung- aye. Accordingly, with the Board voting unanimously in favor of the relief sought, the Special Permit was therefore granted. I. A TRUE COEY ATTEST'.. i # :WJE! TOWN CLERK MAY 18 2021 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) S even S. DeYo , Chairman q ` i q TRUE COPY ATTEST 1 WelTOWN CLERK MAY 18 2021 DECLARATION OF COVENANTS FAMILY RELATED ACCESSORY APARTMENT Whereas, 6U01C-,1 is the owner of the property at, 9 6:, et- ec, A a omore particularly described in a deed dated and recorded wiO the Barnstable County Registry of Deeds in Book: 31)Tdcl_Page:-77 which real estate is shown on Yarmouth Assessor's Map# Parcel: ; Whereas, r` 0 C.t has been granted a Special Permit to create a Family Re ated Accesso t in Appeal '' E' Dated_�_,'��,1 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 2T-. 0 L Q IV Z agrees that on sale of premises or transfer of beneficial interest, or when he e 4 1 ger occupies the premises, as his/her principal residence, whichever comes first, that th6 rights granted to him/her in Appeal # Dated: 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 under the pains and penalt of perjury, this day of 20 1 COMMONWEALTH OF Barnstable, County, ss. On this day of 20 �2 ,before me, the undersigned notary public, personally appeared (Owner) proved to me through satisfactory evidence ofiderffificVtion, 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. Notary Public My commission expires: VA014,9-1 PATRICIA L. SYLVIA-GONSALVES A TRUE COPY ATTEST -: NOTARY PUBLIC Commonwealth of Massachusetts V my Commission Expires August 20, 2021r - TOWN CLERK - ' 7W } MAY 18 2021 TOWN OF YARMOUTH FAMILY RELATED APARTMENT AFFIDAVIT AFFIDAVIT OF:_ (Name of Petitioner) I/We hereby certify that Uwe are the owners in principal residence, and will occupy the main portion of the residence, at S r : /e t'P, (Address) IA E further certify that the FAMILY RELATED ACCESSORY APARTMENT at said address will be occupied by, (Name) as his/her principal residence who is my/our J a to (Relationship to petitioners) Signed under the pains angVenabt�es of perjury, this__a_t�day of Aor", 20 R (( . COMMONWEALTH OF MASSACHUSETI'S Barnstable, ss. On this theQ'day of 1001,44, before me, 1 Month Year Name o otary Public The undersigned Notary Public, personally appeared Nam of er(s) Proved to me through satisfactory evidence of identity, which was/were _ -M (, /�V, , 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 knowledge and belief. Place Notary Sea] and/or Stamp Above My Commission Expires H:1MyFiles\Documents\Application\AffidavitFamilvRelated. doc(1 /2015) NOTARRPUm,.iC ; `,. ~ `.atill:af.Massacl�us�itfr � August 20, 2021 • .a .`•. TOWN CLERK jrj 8 2021 *y COMMONWEALTH OF MASSACHUSETTS • - ''rG TOWN OF YARMOUTH !- r BOARD OF APPEALS C Appeal #4888 Date: May 11, 2021 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: Paula A. Quigley 48 Eileen Street YarmouthPort, MA 02675 Affecting the rights of the owner with respect to land or buildings at: 48 Eileen Street, YarmouthPort, MA Zoning District: R-40; Map & Lot#: 0135.115; Book/Page: 32929/77 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. S en S. eY iainman A TRUE COPY ATTEST. TOWCLERK MAY 18 2021 TOWN OF YARMOUTH Town = Clerk � 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836 CERTIFICATION OF TOWN CLERK I, Mary A. Maslowski, 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 #4888 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. wie_- WU4#vA6f 0 Mary A. Maslowski Town Clerk MAY 18 2021 fl RNSUBLF PEGISTRY OF DEEDS John F. Meade, Register