HomeMy WebLinkAbout4960 62 Silver Leaf Ln Decision TC 08.22.22 `tr0 TOWN OF YARMOUTH
BOARD OF APPEALS
Iv
DECISION
FILED WITH TOWN CLERK: August 22, 2022
PETITION NO: 4960
HEARING DATE: June 23, 2022
PETITIONER: Harry and Nora Ward
PROPERTY: 62 Silver Leaf Lane,West Yarmouth, MA
Map 22,Parcel 143
Zoning District: R-25
Title: Book 12450, 190
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Dick Neitz,
Dick Martin,John Mantoni.
Notice of the hearing was 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 Cape Cod Times. The hearing opened and was held on the date stated above.
The petitioners are Harry and Nora Ward who seek relief in connection with property owned by
them at 62 Silver Leaf Lane, West Yarmouth, MA. Property located in an R-25 zoning district.
Petition seeks to allow for a family related accessory apartment to be located in the basement of
the home. The basement apartment has apparently been existing for some time as it has a
designation of"62A Silver Leaf Lane" a designation not recognized by the Board, the Board of
Assessors, or the Town Engineer.
This petition was previously presented on June 23, 2022. At that time,the petitioner sought relief
for a family related accessory apartment greater than 800 ft.2. The Board resoundingly informed
the petitioner's representative that this relief would not be granted as it is the policy of the Board
not to legislate bylaws and the bylaws are very specific as to the limitation of a family related
accessory apartment being only 800 ft.2. The petitioner then requested that the matter be continued
to allow for the reduction of any footage in excess of the 800 square-foot limitation. This request
was granted and the matter was continued to August 11, 2022.
At the continued hearing, the petitioners' representative, Kieran Healy of the BSC Group did a
fine job of presenting the petition. He explained that the plans had been revised so as to limit the
size of the apartment to less than 800 ft.2, to leave unfinished a storage area at the bottom of the
staircase into the basement and to place the door in the kitchen wall so that the unfinished storage
area would provide for a means of egress for the apartment dwellers.No one in the audience spoke
in favor or in opposition to the petition and no new exhibits were received at the hearing.
Mr. Igoe expressed concerns that the storage area would remain unfinished and not used for
additional apartment space. Mr. DeYoung expressed ati�hat ns aboutit madeethe exlon of pansion oe f the
from the kitchen into the unfinished storage areaindicating
apartment into this area far too likely. The petitioners' representative indicated his understanding
of these concerns and, a motion was made by Mr. Igoe and seconded by Mr.Neitz to approve the
revised request for allowance of a family related accessory apartment as shown on the revised
plans of the BSC Group with revisions being noted as having been made on June 24, 2022.
Otherwise, the Board felt that the relief sought was in keeping with the intention of the bylaws as
it relates to family related accessory apartments. The motion was conditioned upon the door from
the kitchen into the unfinished storage area to be moved from the kitchen to the living room wall
and that the unfinished storage area remain unfinished and not used as habitable living space. A
roll call vote was taken on this motion for a Special Permit with stated conditions and was approved
(5-0) as follows: Mr. Mantoni-Aye; Mr. Igoe-Aye; Mr. DeYoung-Aye; Mr. Neitz-Aye; and Mr.
Martin-Aye. The Special Permit was therefore granted on the stated conditions and the alternative
request for a Variance was allowed to be withdrawn at the request of the petitioner and without
prejudice which was approved on a 5-0 roll call vote.
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, Chairman
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 #4960 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.
Mary A. Maslowski