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HomeMy WebLinkAboutZoning Determination - Gagnon (apt. 3102) 91522 TOWN OF YARMOUTH BUILDI _._ EIVE ogY [3 DEPARTMENT o " '' v. . d SEp 15 2022 1146 Route 28, South Yarmouth,MA, Ol26 4 % el (508)398-2231 ext. 1261 Fax: 508 398- ( ) DING DEPARTMENT BY --- ZONING DETERMINATION FOR BUSINESS CERTIFICATE APPLICATION The purpose of this form is to determine if your business complies with the Town of Yarmouth Zoning Bylaw. The applicant shall complete the top section of this form and file it with the Building Department. Once the Building Department has made a determination,it will be forwarded to the Town Clerk. Please have your tax identification number and/or your social security number available when completing the application process with the Town Clerk. The Building Department will render a determination based on the following factors: (a) The business/use, activity, (b) The zoning district in which the business is to be located. Allowed uses are based on Zoning Bylaw Table 202.5 and(c)previous or new zoning relief from the Zoning Board of Appeals. Date: 9 lc> a?, Telephone: 1 1 q ' Cj 5 D-`q--/ )., ,)._ ,,, D_ Business Address: $\, V ou\P- 2 S(2)()\r Gtryyv,t)U'Ch oa(o r3) wi D U Name of Applicant: J'c.ny\ o, DBA: a I - 619 If Mailing Address: R.OUYC a g SO\t L)O{Wl ()L l' 0)L,5 I ° I v) Description of Business ctivity: r ` f y,yl\ v1 r„ h o U s t S 1. `( \(wive L,L jn‘l� J J NI, cis»svov,‘e S 1 llc, CmQ1uLi-r ,s (k vi v� S tigers The applicant acknowle i ges that a determination will be made by the Building Department based on the information provided on this date. ' i changes in the business use and/or activity will require additional approval. The applicant agrees to abide by all conditions referred to below. Failure to do so may result in the revocation of the Business Certificate and/or appropriate Zoning Enfo cement, should it be determined t ,t the changes are non-compliant. Applicant's Signature: CrDate: I - l c -off Building Department Determination 0 Approved: Comme is and Conditions EI Disapproved: Co ents and Conditions f•-7 8;- ,l- �.--) -.o 2 j2,qc �, 0 Clb Building Official's Signa e: 4/ Date: 0c17 Z-.- Grylls, Mark From: Deb Moreau <dmoreau@maloneyproperties.com> Sent: Thursday, September 15, 2022 4:58 PM To: Grylls, Mark Cc: Waygan, Mary;Janel Estey;Yasmari Barros; Deb Moreau Subject: FW:Question on 881 Rt 28 Attachments: Xerox Scan_09152022144940.PDF;Gagnon Lease -3102.pdf Attention!: This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Good afternoon Mark: Thank you for forwarding the attached information regarding Tammy Gagnon at Yarmouth Commons. According to our lease agreement, home offices are not allowed. Please note the first page of the attached lease showing the residents of the apartment, page 2 number 9 highlighted, and the signature page of the lease. Please let me know if yqu require any additional information. Thank you again for providing us with this information. Deb Deb Moreau, C3P Multi-Site Property Manager Village Green &Yarmouth Portfolio 767AA Independence prive Barnstable, MA 02601 Phone: 508-534-9643 I US Relay: 711 I Fax: 508-534-9673 From:Grylls, Mark<mgrylls@yarmouth.ma.us> Sent:Thursday,September 15,2022 3:18 PM To:Waygan, Mary<MWaygan@yarmouth.ma.us>; Deb Moreau<dmoreau@maloneyproperties.com> Subject: RE:Question or 881 Rt 28 1 F Hi Deb, I have received the attached request to authorize the issuance of a Business Certificate. At this time, I cannot find any restrictions for Home Occupations in section 404 of our Zoning Bylaw. Home Occupations (home offices)are allowed in section 414 of the zoning bylaw with limitations. Before I approve this, I wanted to check with you to confirm that this is allowed on your property. Please advise when you have time. Thank you, Mark From:Waygan, Mary<MWaygan@yarmouth.ma.us> Sent:Thursday,September 15, 2022 2:53 PM To: Deb Moreau<dmoreau@maloneyproperties.com>;Grylls, Mark<mgrylls@yarmouth.ma.us> Subject:Question on 881 Rt 28 Deb, Our Building Commissioner Mark Grylls has a question for you. Mary 2 OCCUPANCY AGREEMENT Maloney Pr.perties, Inc. (hereinafter referred to as"Management') as Authorized Agent for YM Owner, LLC,(herein=fter referred to as"Owner")for Yarmouth Commons hereby leases to:Jenna Gagnon and Tammy Gas non(hereinafter referred to as"Resident")the following apartment on the following terms and conditions: Name'of De elopment YARMOUTH COMMONS Apartment A.dress: 881 Route 28#3102 Yarmouth, MA 02664 A. REN (Tenant Share): Resident's monthly rent for the leased a artment,\except as may be subsequently adjusted pursuant to Paragraph B of this Agreement, shall be�$1091 Resident's rent shall be payable in advance on the first day of each onth for that month. This er .irt'cludes no utility costs except: Heat and Hot Water.The rent shall be .ayable at the Management Office located at 881 Route 28,Yarmouth, MA 02664 For the convenience of residents, rent payments may be mailed or hand delivered to the office. B. REN ADJUSTMENTS: The amount if the monthly rental obligation due under this Agreement may be changed by Management at any time d ring the term of this Agreement upon thirty(30)days prior written notice. In the event .f any change in the rent, Resident may terminate this Agreement and not be bound by any such change by giving written notice thereof to Management within ten(10)days after Management's notice is sen I to Resident Such termination shall be effective thirty(30)days after the date that the rent change was '. become effective as stated in the rent adjustment notice. C. REQ IREMENTS OF THE LOW INCOME TAX CREDIT PROGRAM(LIHTC)AND/OR OTHER APPLICABL SUBSIDY PROGRAM: 1. Expl-nation of the Tax Credit Program and/or other Applicable Subsidy Program: . Yarmouth C immons is to be operated in accordance with the requirements of the Low Income Housing Tax Credit ' ax Credit' Program governed under Section 42 of the Internal Revenue Code OR as applicable,of er Federal,State or municipal affordability restrictions as outlined in the property's Affordable Housing Agr:ement. Residents rights are subject to the eligibility requirements under these Programs. Resident mu:t cooperate with management in certifying their eligibility for these Programs. Continued occupancy is subject to this eligibility. 2. Occupants:Tax Credit and/or other Affordable Housing Program eligibility of all occupants must be certified prior o any additional household member taking occupancy. Resident must seek Management's approval befo : moving any additional person into the apartment. The single exception is the birth adoption of a child by :n authorized occupant 3. Inco e Eligibility and Certification: Resident has been certified as being income and program eligible forth:.Tax Credit and/or other Affordable Housing Program and has signed an Income Certification Form attesting to his/her income eligibility. Where applicable, residents residing in units subject to HOME assistance sh:11 have their income certified in accordance with HUD's section 8 program and defined in 24 CFR 5.609. anagement must be immediately notified if changes to the current household status occur. This includes, but is not limited to,changes in: • hous:hold members, • inco e or assets, Invitees, guests or agents upon receipt of a bill from Management. The written bill sent to Resident shall include the i e ms of damage,the corrective action taken and the cost thereof. 5. To •=y amounts due for Landlord's legal expenses to enforce compliance with this lease, including constable fe s,court costs,and attorney fees. 6. To r port promptly to Management all maintenance problems and damage to the apartment. 7. Not o assign or sublet the apartment without the prior written consent of Management to permit occupancy i the apartment other than on a temporary basis by persons not listed in Paragraph J of this Agreement. For the purposes of this paragraph, temporary shall mean occupancy of twenty-one(21)days or less by an, one person in a calendar year. 8. Not o paint, decorate or otherwise embellish or change nor make any additions or alterations to the apartme t,the appliances,and/or fixtures without the prior written consent of Management. No contact paper may b placed on cabinet doors;no paneling,brick fronts,mirror tiles,or other permanent or adhesive attachments may be made to walls, doors or any other interior or exterior surface. No window air conditioners, antennas or other like appliance or equipment will be Installed without the prior written permission o Management. 9. To use the apartment for a private dwelling as the Resident's primary residence and for no other purpose wi •ut the prior written consent of Management. Resident agrees that the apartment shall be deemed the -esident's last and usual place of abode until this agreement is terminated. 10. • To a low Management or Owner to enter the apartment at reasonable times with reasonable notice to make re•=irs thereto, to exterminate for pests, to inspect the premises, to complete preventative maintenance to undertake annual inspections or to show the premises to agents of the Owner,prospective tenants, pur hasers, mortgagees, investors, or their agents, and in cases of emergency to allow Managemen to enter immediately. Management or Owner may also enter the premises if it appears to have been a 0andoned by resident or as otherwise permitted by law or court order. 11. Not to maintain pets without the written consent of Management, and the proper registration of pet(s)with M=nagement. 12. Not • create or allow to be created by Resident, members of Resident's household, relatives, guests, invitees or agents, any unlawful, noisy or otherwise offensive use of the leased premises; not to commit any •isturbance or nuisance,private or public; not to obstruct free use or access of common areas; not to cause =ny physical or structural damage to the property. 13. Not • engage in, or allow to be engaged in, by Residents, members of Resident's household, relatives,gu- ts,invitees or agents,any unlawful acts or any unlawful use of the apartment,common areas, or developm:nt grounds,such acts or use to include but not be limited to the illegal sale, use,manufacture, distribution, -torage or possession of illegal drugs or other controlled substances or illegal firearms or the commission •f acts that cause or threaten to cause physical harm or hazardous condition to others. 14. To a tively and properly supervise Resident's children, household members, guests and invitees and to be he i• fully accountable and responsible under this Agreement for their actions and conduct with respect to th leased premises, the common areas and other residents, as if such actions and conduct were the Re- dent's own. 15. To o ey the Rules and Regulations of the Development which are attached to this Agreement and made a part ereof, or are distributed from time to time and in which Management or Owner reserve the right to amen. or supplement at any time. 16. To r•quest and obtain written permission from Management in advance of any increase in household si e for reasons other than marriage, birth or adoption of a child, submitting at the time of the request a re ised application for residency, which includes the proposed new household member(s). Resident shall provide Management with the telephone number of a party not living with the resident who can be called In case of an emergency. Name: .' �. �'n�►' t,l Telephone: S©&• Cyr c - ?,S" Relationship to Resident: L. OWNER/AGENT ADDRESS AND TELEPHONE: The present address and telephone number of the Owner is: ' YM Owner, LLC c/o Dakota Partners, Inc. 1264 Main Street Waltham, MA 02451 (781)899-4002 TTY: 711 The present address and telephone number of the Management Agent, who is responsible for the care, maintenance and repair of the Development,and who is authorized to receive notices of violations of law and to accept service or process on behalf of the Owner,is: Maloney Properties, Inc. 27 Mica Lane Wellesley, MA 02481 781-943-0200 TTY: 711 Having read and understand the above, Management and Resident sign this Occupancy Agreement this 22 day of October 2019. • -� -�- !•0 L.Z. /°l 1 Resid t Date f'1 w IO/aap Resident Date Resident Date 10\7-2Aip Management Date