HomeMy WebLinkAbout5030 45 Carriage Ln Decision TC 06.26.23yC
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
June 26, 2023
5030
,tune 8, 2023
Charles and Susan Dean
PROPERTY: 45 Carriage Lane, Yarmouth Port, MA
Map 112, Parcel 50
Zoning District: R-25
Title: Book D132280, Page 0
Land Court Lot #15, Plan #23966-C
Certificate of Title #140561
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Scan Igoe, Richard
Martin, Jay Fraprie, and John Mantoni
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 Times, the hearing opened and held on the date stated above.
The Petitioners are Charles and Susan Dean of 45 Carriage Lane, Yarmouth Port, Massachusetts,
which property is located in an R-40 zoning district. The Petitioners seek approval by way of
Special Permit pursuant to §407 of the zoning bylaws for a family related accessory apartment.
The Petitioners (and family) appeared and presented to the Board their request for a family
related apartment in their existing home at 45 Carriage Lane. They were well aware that the
family related apartment needed to actually be occupied by a family member and they explained
that it would be their intention to occupy the newly configured living space. The square footage
of their apartment, and all other aspects of the proposal met the provisions of §407.2 (1-9).
There was no need for any additional relief and, so, the decision to grant the Special Permit was
uncontroversial. Granting the requested relief would cause no undue nuisance, hazard, nor
congestion, and would not cause substantial harm to the existing or future character of the
neighborhood or town.
After discussion, a motion was presented for the Board to consider by Mr. Igoe, seconded by Mr.
Fraprie which, upon a roll call vote, passed with 5 members in favor and none opposed. The
Special Permit was, 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)
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 #5030 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.
Mary A. Maslowski