HomeMy WebLinkAboutDecision 3644 Recorded 02.21.2001TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
N 0 T
A N
F F I C I A L
O F F
C O P Y C
FILED WITH TOWN tNLbIi.�: October 24, 2000
PETITION NO: O F F A �3I41� L
HEARING DATE:
PETITIONER:
PROPERTY:
C 0 baober 12, 2000
N 0
Bk 1;6t575 PU350 011345
0&� —21 —2001 & 1 O s 57a
YARMOUTH
TOWNI � "L ERK
T
A WM OCT 24 PK 2= 22
I C I A L
0 PRECEIVED
N 0 T
A N
O F F I C I A L
C O P Y
John & Diane Almonte
20 Aurora Lane, South Yarmouth
Map: 87, Parcel: 70 (77/R4) Zoning District: R40
MEMBERS PRESENT AND VOTING: David Reid, Chairman, James Robertson, Joseph
Sarnosky, Diane Moudouris, John Richards, Roger Tuttle, Alternate.
It appearing that notice of said hearing has been given by sending notice thereof to the petitioner
and all those owners of property deemed by the Board to be affected thereby, and to the public by
posting notice of the bearing and published in The Register, the hearing was opened and held on
the date stated above.
The petitioner proposes to add an in-law apartment, %ithing an existing attached one -car garage,
and thereon seeks a Special Permit from bylaw §407. The site is within the R40 zone, and the
lot contains approximately .25 acres of land, improved with a single family home.
The petitioner represents that the proposed apartment would contain less than 500 square feet of
area, as shown on their revised sketch plan (dated 9/5/00 and received by the Board on 10/03/00).
The front portion of the garage would be separated from the apartment, and not accessible from it
and would continue to be used for a storage area.
Concerns were expressed for the availability of a third off-street parking space for the apartment.
The existing driveway provides space for two vehicles and the petitioner indicated that there is
room for a third space to the left (north) of the house.
Several neighbors expressed concern for the proposal. The principal concerns centered around
their belief that several other additions and/or alterations had already been undertaken by the
petitioner without getting building permits. Further questioning of the petitioner confirmed that
this was true. An addition to the rear had been constructed without a permit and some interior
repartition had also been done. These additions caused further concerns for the adequacy of the
septic system.
The Board finds that all of the technical criteria have been met, or can be met, for the granting of
the §407 Special Permit. However, the other areas of non compliance, at least with their
-1-
13k 1 3575 Pg351 V 1 1345
permitting process, wene,bfocdhcern to the Board as welfi Tfiakefore, the motion was made by
Mr. Robertson, seconded by Mr. Richards, to grant the Spwbil Permit for an in-law apartment,
upon the custonZryF tigmb of @s(, as, set forth din Eft bylay+, IaW Dn the following further
conditions; to be met bdorg the lquilding permit is issuWbo* apartment;
1) The Builc�pegtnmissioner shall verify tlpt(qllrjneeessary permits and approvals
(including PpeAd of Health) have been secur dpd complied with for the existing
buidipg fnq reoyationt already u ,e ns C I
2) a oor p�%s)pVng existing rooms an �r�yse (inc tiding basement) shall be
prepared y the petitioner and filed with a ui ding Department and the Board,
3) the petitioner shall secure the necessary APD determination or approval for the
apartment,
4) the petitioner will provide a conforming third parking space along the northerly
side of the house, and
5) the apartment shall conform, in all material respects, to the floor plan which was
revised and received by the Board, stamped October 3.2000.
The members voted unanimously in favor of the motion. The Special Permit is therefore granted.
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) Unless otherwise provided herein, a Variance shall lapse if the
rights authorized herein are not excised within 12 months. (See MGL c40A §10)
ef-
David S. Reid, Clerk
IPZ
BARNSTABLE REGISTRY OF DEEDS