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Home My WebLink About4840 915 West Yarmouth Rd Decision Recorded Jul 01 20 11:36a p'3 B_•k 33013 F'S72 '30533 0 is,-24-2t=r20 al t_i1 n27a e4,j-t 'Y'l lam; • ' c---. . , �' TOWN OFYARMOUTII u- _ _ _ �►� - BOARD OF APPEALS to �» DECISION �. ti- `. ' `-'4‘ FILED WITH TOWN CLERK: May 11,2020 PETITION NO: #4840 HEARING DATE: February 13, 2020 PETITIONER: Thomas J. Connally and Nilccia D. Connolly PROPERTY: 915 West Yarmouth Road, YarmouthPort, MA Map & Lot #:O115.16; Zoning District: R-40 Book/Page: 3 2 47 2/2 1 4 MEMBERS PRESENT AND VOTING: Sean Igoe, Chairman, Richard Martin, Thomas Nickinello, Tom Baron and Tim Kelley. Notice of the hearing has beer 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 Petitioners are Thomas J. Co:tnoIly and Nilceia D. Connolly, who seek relief by way of Variance under By-law §407.2 (#7) to legitimize an existing family related apartment that exceeds 800 square feet in their dwelling. The property is located in an R-40 Zoning District. The Petitioners represented to the Board that when they purchased the property it was represented to :hem by the seller that it was a legal apartment. It was later brought to their attention that it was not .. . legal at which time they contacted the town to inquire about making it legal. A history of the property ..... indicated that the apartment dated back to 1984.They were instructed by the Building Department that they would need a Variance because the square footage of the existing apartment (856 square feet) exceeded the allowed 800 square feet under the by-law. The Petitioners further represented that the in-law apartment would be occupied by their in-laws. 'The subject lot size exceeds the required square footage of no less than 10,000 square feet. The accessory apartment,as proposed,meets all ofthe necessary requirements under§407.2. except#7, 8011 maximum square footage. No one appeared in opposition. The project was reviewed and approved by the Old Kings Highway Historic Commission. The Board noted that the apartment exceeded the square footage by only 56 square feet and felt that it would be a financial hardship if the Petitioners were to have to remodel the apartment to bring it into compliance. Additionally, they determined that the relief if granted, would create no undue nuisance, hazard or congestion nor would it be a substantial detriment to the existing or future character of the surrounding neighborhood or Town. A Motion was made by Mr. Baron, seconded by Mr. Nickenello, to approve the petitioned relief. The Board voted unanimously in favor of the Petition. 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 MG[, c40A section 17 and must be filed within 20 days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein,a Variance shall lapse if the rights authorized herein arc not exercised within 12 months.(See MCL c 40A section 10) Se, [g Chairman Jul 01 20 11:36a p.4 . :• Y4 THE COMMONWEALTH OF MASSACHUSET TS TOWN OF YARMOUTH BOARD OF APPEALS Appeal # 4840 Date: ,tune 1.,2020 Certificate of Granting of Variance (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been granted to: Thomas J. Connolly and Nilceia D. Connolly 915 West Yarmouth Road YarmouthPort, MA 02675 Affecting the rights of the owner with respect to land or buildings at 915 West Yarmouth Road, YarmouthPort, MA; Zoning District: R-40; Map& Lot#: 0115.16; Book/Page: 32 472/2 1 4 and the said Board of Appeals airther certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit and Variance, and that copies of said decision, and of all plans referred to in the decision, have been fled. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no Variance, 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 days (20) have elapsed after the decision has been tiled 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. Spee gp,,e, Cbairm Jul01 20 11:36a p.5 Ciff -41 TOWN OF YARMOUTH � Town HEESE 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451Clerk �°`' Telephone(508) 398-2231 Ext. 1285, Fax(508)398-0836 CERTIFICATION OF TOWN CLERK I, Philip B. Gaudet, III, 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 #4840 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. _ r To r t, ,,,;G e 1II F�j d ¢ � . ..;ram' �ti BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register Jul 01 20 11:36a p.6 lEt t-i 3,3.0 13 IF• 7' 30 3 4- 0 6—2-4-—2 0--).ri , . 01 _ 27g. DECLARATION OF COVENANTS FAMILY RELATED ACCESSORY APARTMENT Whereas, _.T7 p;�h o P 88 `` 7d�n S fir(/ k e is the owner of the property located at 9/� �' Ya ' o 7L� ed ' ,, Po-*. , more particularly described in a deed dated and recorded with the Barnstable County Registry of Deeds in Book:301 Y]cz Page: c / %{ which real estate is shown on Yarmouth Assessor's Map / /." Parcel:# / 6- V•ihereas,' c,,ces9�/1/i*eiCt Cc y11"jQ , fly has been granted a Special Permit to create a Family Related Accessory Apartment in Appeal # 171 i •y0 Dated 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 7-4 c+,,,a s tiiV'/Ce i`Q C q,z v//agrees that on sale of the 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 # i{c 4"a Dated: lapse and the Special Permit shall be void. No accessory apartment shall be held in separate ownership from the principal structure/dwelling unit. Sign under the pains and penaltie of perjury, this 3-.7 day of i-et2e 10.20 (Signature] COMMONWEALTH OF MASSACHUSETTS Barnstable County, ss. , On this . 7 day of 6- , 20 26 , before me, the undersigned Notary Public, personally appeared7ci,&s Ce.•y7.4«/ , (Owner), proved to me through satisfactory evidence of identification, which w. 4 a cu t driver's licenses a current U.S. passport] [my personal knowledge], to be..the person to be the person (s) whose name(s) is signe• on the preceding instrument and acknowledged to me �„ihatri►e4'Jiesigned it voluntarily for its stated purpose. y "`1. !' �,-�'^^�nkr�p�O"; 47 — -- Signature of Notary Public /�Gp:rt /f. Ga: • ill AT-- afzi/ , �� ¢�,, Printed Name of Notary '• G 5tty'hand and official seal. My Commission Expires q(. -i-7z / Z 6 .' +y "`" andCOrrirnanwealth Subscribed aworri�o ..�. ..,:. f� '(' ma _f_ 4 46' _ -1 �_.... � 7S:,.S.::�..1.�:':tom thls4-by r C �rh'�t' t'? : idly Commission En.01.1.•SEP 2� 2C26 NOs�fy Public ```` p ij` BARNSTABLE REGISTRY OF DEEDS 4. ,,� �� .� John F. Meade, Register t,iii �' 1 Cor't~e�a "r, i t ar'Sa'^7" f �7 p��N`{b .� . •,I t,_.