HomeMy WebLinkAbout4960 62 Silver Leaf Ln Decision Recorded 10.11.22FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
August 22, 2022
4960
June 23, 2022
Harry and Nora Ward
Bk 35415 Pg144 #50134
10-11-2022 @ 08:06a
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 reservations about the location of the door
from the kitchen into the unfinished storage area indicating that it made the expansion of the
Bk 35415 Pg145 #50134
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)
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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.
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Mary A" Maslowski SEP 12 2022
A TRUE COPY ATTEST.
i h^�hC 1 CiAi: / 'F(;W N G FX
SEP 12 2022
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0� .Y,qk COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
1 C 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.
4*� TRUE COPY ATTEST:
Steven DeYoung, Chairman
SEP 12 2022
JOHN F. MEADE, REGISTER
BARNSTABLE COUNTY REGISTRY OF DEEDS
RECEIVED & RECORDED ELECTRONICALLY