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Home My WebLink About5030 45 Carriage Ln Decision Recorded with Affidavit and Declaration of CovenantsD0C : 1 s 4SS s 392 08-13-2023 12900 BARNSTABLE LAND COURT REGISTRY FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION June 26, 2023 5030 June 8, 2023 Charles and Susan Dean Charles A. Dean and Susan J. Dean, Trustees of the Charles A. Dean Trust Susan J. Dean and Charles A. Dean, Trustees of the Susan J. Dean Trust 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 #7213978 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean 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. A TRLjF-,C0PXATTttm-" . v. � •fie.... b "A JUL 1 7 $023 "T?' COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5030 Date: July 17, 2023 Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: Charles and Susan Dean Affecting the rights of the owner with respect to land or buildings at: 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 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 take 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. Steven DeYoung, Chairman 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. M P 4Aaslowski JUL 1.72023 A TR.L�EYC. ��i'EST �: 2023 DECLARATION OF COVENANTS FAMILY RELATED ACCESSORY APARTMENT 5 v5Ao T. K,7A 9 -rpf5t Whereas, GRAILV—SAD 6AKI TA"-r is the owner of the property at, (" g LAVE �+ � s f.t A, more particularly described in a deed dated and recorded with a Barnstable County Registry of Deeds ' Book: Page: which real estate is shown on Yarmouth Assessor's Map# iL Parcel: s n ; Whereas, Sit is 106 AN Tip-( has been granted a Special Permit to create a Family Related Accessory Apartment in Appeal # 5 bib Dated 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; Now therefore 5 UAM :: 9eAN agrees 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 him/her in Appeal # Dated: 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 perjury, this 3'tkday of 4 20 Ab J�i.r..... ! f 0- A , (Signature) 1 J• Jmlrdffl.aam-%4f COMMONWEALTH OF MASSACHUSETTS Barnstable, County,sss. On this r day of , z , boo) , t e dersTd notary public, personally appeared ��C9t proved to me through satisfactory evidence of identification which w caner) as [a current driver's license] [a current U.S. passport] [my personal knowledge], to be the person whose name is signed on the preceding instrument and acknowledged to me that he/she signed it voluntarily for its stated pu*�^ra WITNESS my hand and official seal TOWN OF YARMOUTH FAMILY RELATED APARTMENT AFFIDAVIT AFFIDAVIT OF: `,0541 -1 [)e �� ; G a �� EAm -g j 5 7- (Name of Petitioner) Po 4 I/We hereby certify that I/we are the owners in principal residence, and will occupy the FAMILY RELATED ACCESSORY APARTMENT of the residence, at q5 (Address) 1/WE further certify jthat the main {portion at said address will be occupied by T�01i�1� jP,9ik (Name) as his/herprincipal residence who is my/our KV& 1+'T67R- (Relationship to petitioners) Signed under the pains and penalties of perjury, this 3 FAday o f 0*6051 20 013 J1 " .� .� - OwnOwner/ors of property COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this the y of "�� before me, vac *1q1e-'-' 1 Year (` N,a�m/e�of otary bfie The undersigned Notary Public, personally appeared Name of Signer(s) Proved to me through satisfactory evidence of identity, which was/were l l Y S I � was/were signed on the preceding or attached document in m to be the person(s) whose name(s) or affir contents of this document is truthful and accurate to the best of his/her/thei caow edg who re swnan( .71 me that the �a �G�� j//�j;�natu otary �1P` Cit► N Publjic �U ��, rt v y�}�: _'�' '" •ki Printed N e of Notary ! - tst Seal and/Stamp ys� s 1 K a My Commission Expires 1.4 BARNSTABLE REGISTRY OF DEEDS BARNSTABLE COUNTY REGISTRY OF DEEDS John F. Meade, Register A TRUE COPY, ATTEST <SJL -4 � JOHN F. MEADE. RF(aQTco