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Home My WebLink About4992 103 River St Decision Recorded 03.24.231)0C:1,41b,15b UJ-Z4-ZUZJ lU:lU TOWN OF YARMOUTH BOARD OF APPEALS i.i IvJti 7 _,5 y.n DECISION FILED WITH TOWN CLERK: March 2, 2023 PETITION NO: 4992 IIEARING DATE: January 26, 2023 PETITIONER: Williarn A. Hearn, Trustee of the River Street Nominee Trust PROPERTY; 103 River Street, South Yarmouth, MA Map 43, Parcel 5 Zoning District: RS-40 Title: Document 1,465,001 on Certificate of Title No. 230745 (Lots 2 and 7 on Land Court Plan 15857) MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Neitz, Jay Fraprie and Tim Kelley Notice of the hearing has been 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 Tidies, the hearing opened and held on the date stated above. The Applicant seeks a Special Permit per §407.2 and/or per §202.5 A-1 and A-10 to create a family -related accessory apartment and a Special Permit per § l 04.3.2(2) to encroach in side setback on a pre-existing, nonconforming structure. The Property is located in the RS40 Zoning District and is improved witli a two-story single- family structure having 4 bedrooms and 2 baths, and constructed in approximately 1785, on a lot containing 14,461 square feet of area. The Applicant also owns a lot across River Street, along the Bass River, which is currently undeveloped, consisting of 8,404 square feet, and which is not the subject of any relief sought tonight. The ]ot is teclulically a corner lot, and as such, has 2 front yard setbacks and 2 side yard setbacks. The existing structure encroaches slightly into both front yard setbacks, and into one side setback by 14 feet. Lot coverage is 17.9%. The house is historic and is listed on the National Register of Historic Places. The Applicant has been to the Yarmouth Historical Commission for permission to demolish sections of the house, leaving the most historic front section on River Street. At their meeting in September of 2022, the Commission unanimously approved that request. The proposal was also presented to the Conservation Commission in December of 2022, which issued an Order of Conditions for the work. A TRUE COPY ATTEST: MAR 2023 Doc:1,478,156 03-24-2023 10:10 Page 2 of 3 The Petitioner proposes to demolish the existing structure, other than the historic front section referenced above, and to construct a 2 story, 3-bedroom single family dwelling, along with a one bedroom family related accessory apartment, located in the rear portion of the first and second floor. The structure will comply with all existing setback and other bulk requirements, with the exception of a landing and 2 stairs Ieading from the intended accessory apartment. That landing will encroach by 1.9 feet into that side setback on the north side of the property. This is the only relief that the applicant is seeking regarding the new structure, and it is hardly detrimental to the neighborhood, nor will it be an undue nuisance, or cause hazard or congestion. The Board then considered the request for a Special Permit to allow the creation of the family - related accessory apartment. Petitioner submitted an architect stamped square footage calculation showing that the apartment would contain 791 square feet, a calculation which was confirmed by the Yarmouth Building Commissioner. Petitioner also demonstrated that he complied with the other requirements for relief, as outlined in Zoning Bylaw Section 407.2. The Board agreed that the requirements of Section 407.2 of the Bylaw have been met, and that the issuance of the Special Permit for the creation of a family related accessory apartment will not result in undue nuisance, hazard or congestion and that there will be no substantial harm to the established or future character of the neighborhood or town. Accordingly, a motion was made by Mr. Frapric, seconded by Mr. Neitz, to grant the request for the Special Permit, as requested, without conditions. The members voted unanimously in favor of the motion. 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) Sean Igoe, 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 #4992 that no notice of appeal of said decision has been tiled with me, or, if such appeal has been filed it has been dismissed or denied. All appeals have been exhausted. Mary A. Maslowski A TRUE COPY ATTEST, MAR 13 2023 4V%ry C;t_LF_:< .7 2A23 Doc:1,478,156 03-24-2023 10:10 Page 3 of 3 11 N11 COMMONWEALTH OF MASSACHUSETTS >?; TOWN OF YARMOUTH 1 r s� BOARD OF APPEALS r4 A Petition 9: 4992 Date: March 23, 2023 Certificate of Granting of a Special Permit (General Laws Chapter 40A. Section 1 I) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: William A. Hearn, Trustee of the River Street Nominee Trust Affecting the rights of the owner with respect to land or buildings at: 103 River Street, South Yarmouth, MA; Map 43, Parcel 5; Zoning District: RS44; Title: Document 1,465,001 on Certificate of Title No. 230745 (Lots 2 and 7 on Land Court Plan 15557) 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 tame 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. Sean Igoe, Chair A TTRR`U' E COPY�A.T EST. ( C.(-A,- N CLEF N K MAR 2 3 2023 JOHN F. MEADE, ASSISTANT RECORDER BARNSTABLE REGISTRY LAND COURT DISTRIC ny rcrtrc-n C nVrnnnFn 7T.—M—LVTr TTr Doc:1,478,157 03-24-2023 10:55 Q & .j fir. .[M :J Cr 0 OJ DECLARATION OF COVENANTS. FAMILY RELATED ACCESSORY APARTMENT William A. Hearn, Trustee of the Whereas, -River Street Nominee jr3agt_ _ is the owner of the property at, 10 3 River St. , South Yarmouth , more particularly described in a deed: dated :and recorded with the Barnstable County Registry of Deeds. in Ctf . 230745 Book: Page:.____ which real estate is shown on Yarmouth. Assessor's Map#�Parce1: 5 .:... William A: Hearn, Trustee of the WhereasR i_, - ,e _r St has been granted a Special Permit to create a Family Related Accessory Apartment in Appeal #E 4 9 9 2 Dated Mary-1-1 y7, ; 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; Y,Llliam A. Hearn, Trustee of the Now thereforeE.3er St. Nominee Trus bgrees that on sale of 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 hini/her in Appeal # 4 9.9 2 Dated: 11~f1ac14 ?'shall lapse and the Special Permit shall.be void. No accessory apartment shall be held in separate ownership from the principal structure/dwelling unit. Signed under the pains and penalties of peFMT3 this day of 714- �__n►u 1 `y 20 -�_:?; COMMONWEALTH.OF MASSACHUSETTS Barnstable, County, ss:. On this day of ��PJCA,It,T , 20 , before me, the undersigned notary public, personally appeared_ t-r r�0, M 4 1�u -vl r:_, (Owner) proved to me through satisfactory evidence of identification, which was [a current driver's license] [a current U.S. passport] [my.pgxsonai knowledge], to be the.person whose name is signed on the preceding instryfinent d acknow&d ed to me that he/she signed it voluntarily for its stated purpose. i WITNESS any hand and official. seal. ` �oxEXPiwi.., ,off �p 20, s a S n ��''�•: NOTAR't �� 01011J I p 100 otary Public My commission expires: I /l '3 } ,r: Doc:1,478,157 03-24--2023 10:56 Page 2 of 2 y TOWN OF YARMOUTH FAMILY RELATED APARTMENT f"a AFFIDAVIT s t AFFIDAVIT OF: William A. Hearn, Trustee of the River Street Nominee Trust _ll (Name of Petitioner) I/We hereby certify that I/we are the owners in principal residence, and will occupy the main portion of the residence, at 103 River Street, South Yarmouth (Address) •'J IIWE further certify that the FAMILY RELATED ACCESSORY APARTMENT at said address will be fx; occupied by Ciara Hearn J (Name) ;'s -` as his/her principal residence who is my/our Daughter (Relationship to petitioners) J t� Signed under the pains and penalties of -perjury, this 3rd day of February 2023. Qwnerffi* W'S of property s}� •a/ :J r• COMMONWEALTti OF MASSACHUSETTS Barnstable, ss. 3 j,�aN�,;�Ja } V '1 On this the day of • before me, f Month ; Year i' Name of Notary Public The undersigned Notary Public, personally appeared — 112111 t Name of Signer(s) Proved to me through satisfactory evidence of identity, which was/were PIA- G it "' to be the person(s) whose name(s) was/were signed on the preceding or attached document in my pres cc i.and w1�o1s, o o� affirmed to me that the , contents of this document is truthful and accurate to the best of his/her'"ir knou ay�ge a [qQ ! r `,nannmu�lrrr ! Signature of1Qotary Public r 1 .D��y15$IOgrYi. r� `�`•. �' s 20a7 R A(J'i T- �;. ,ti+ - `PI z Printed Name of Notary * Place Notary Seal nc3 St ve My Commission Expires L G P ,�G````�` H;IMyFileslDocuments('�kp kig3f'davitFamilyRelated.doc(1/2415) JOHN F. MEADE, ASSISTANT RECORDER BARNSTABLE REGISTRY LAND COURT DISTRIC --Mn , nwrnnnvn P cr•,•on —mT —