HomeMy WebLinkAbout4566 39 Union St Decisionrn �. _ � car •« __
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
ek 2S905 P9176 �24500
06-01-2015 & 10=11a
FILED WITH TOWN CLERK: February 10, 2015
PETITION NO: 94566
HEARING DATE: January 8, 2015
PETITIONER: Tyrone B. Barrett
PROPERTY: 39 Union Street, YarmouthPort, MA
Map & Lot #: 0124.8.2; Zoning District: R40
Book/Page: 21545/5
1VIEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Chuck
Hart, Debra Martin and Gerald Garnick.
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 Register, the hearing opened and held on the date stated above.
The Petitioner is Tyrone Barrett who seeks to modify the terms of a previously granted
Comprehensive Permit (#3926) as it relates to one of the conditions of such Comprehensive Permit.
The property is Mr. Barrett's principal residence and is located at 39 Union Street, YarmouthPort,
MA.
Specifically, the Petitioner seeks to divide the basement area into rooms and to finish the partioned
areas for residential use. This was specifically excluded as a right by condition 46 of Comprehensive
Permit #3926.
The Petitioner explained that he sought to create a family room, a separate storage area and a separate
utility room.
Mr. Igoe, who sat on the hearing which granted the Comprehensive Permit, explained that, as he
remembered, the Board which granted the permit was concerned over a potential that additional
bedrooms could be located in the basement areas of the multiple units at this site and potentially
overtax the septic system.
Mr. Barrett informed the board that he had no need for another bedroom but, due to the limited first
floor space, had no area for a family room.
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The Board felt that, with certain conditions, the relief could be granted while paying heed to the
intention of the original granted Comprehensive Permit.
Accordingly, Mr. Igoe made a Motion to allow modification of condition #6 to permit completion of
three basement rooms (for storage, for utilities and for family room use) on the conditions that:
1. No basement room is to be used as a bedroom;
2. That the relief was to benefit this Petitioner only and not
any subsequent property owner unless otherwise allowed
by the Board at some future meeting;
3. There shall be no bathroom or rough plumbing for a future
bathroom in the basement; and
4. That relief was necessary due to the specific wording of
Condition #6 of the Comprehensive Permit but was not
considered to be a substantial alteration of the Comprehensive
Permit.
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 MGL c40A section 17 and must
be filed within 20 days after filing of this notice/decision with the Town Clerk. As provided by
the provisions of said c. 40B, §§20-23, or otherwise, this Comprehensive Permit shall lapse if
timely use hereof is not commenced and continued.
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Steven DeNSwTg, Chairman