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HomeMy WebLinkAbout4960 62 Silver Leaf Ln Decision Certified 09.12.22 "Yq . '" TOWN OF YARMOUTH BOARD OF APPEALS `0 - - -Pi DECISION vet tyr��µ�Ef FILED WITH TOWN CLERK: August 22, 2022 PETITION NO: 4960 -0 re - HEARING DATE: June 23, 2022t PETITIONER: Harry and Nora Ward " " PROPERTY: 62 Silver Leaf Lane,West Yarmouth, MA -_ Map 22,Parcel 143 P` 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 reservations about the location of the door from the kitchen into the unfinished storage area indicating that it made the expansion of the 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. 41404-a). Mary A. Maslowski SEP 1 2 2022 A TRUE COPY ATTEST: huAtta_fftwfxfaii i:MMC I CMC I TOWN CLE K. SEP 1 2 2022 -6 ��i, COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS • Petition #: 4960 Date: September 12,2022 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: Harry and Nora Ward 5 Greenmount House Harolds Cross Road Dublin,Ireland Affecting the rights of the owner with respect to land or buildings at: 62 Silver Leaf Lane, West Yarmouth, MA; Map #: 22; Parcel #: 143; Zoning District: R-25; Book/Page: 12450, 190 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. TRUE COPY ATTEST Steven DeYoung, Chairman NAdiNA.46-4 • CMMC/CMC/TOWN CLERK SEP 1 2 2022