HomeMy WebLinkAbout5058 1 Mayflower Ln Decision TC 12.11.23REC
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
December 11, 2023
5058
November 9, 2023
Maureen E. Brown
PROPERTY: 1 Mayflower Lane, South Yarmouth, MA
Map 60, Parcel 64
Zoning District: R-40
Title: Book 32939, Page 313
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 Petitioner is Maureen E. Brown of i Mayflower Lane, South Yarmouth, Massachusetts,
which property is located in an R-40 zoning district. The property contains 10,454 square feet of
area. The Petitioner seeks a Special Permit for a family related accessory apartment that is less
than 800 square feet.
The Petitioner appeared and presented to the Board her request to create a family related
accessory apartment in the existing garage at 1 Mayflower Lane. The total square footage of the
proposed apartment would be 312 sq ft. One neighbor spoke in favor of the petition.
The Petitioner also requested a waiver from the requirement for a Certified Site Plan less than
two years old. The Board received one letter of opposition to the petition because of this request
to waive the requirement for the most recent Site Plan.
Chairman DeYoung noted the Site and Sewage Plan, dated April 30, 2020, provided enough
information to support the waiver.
A motion was made by Mr. Martin and seconded by Mr. Fraprie to allow the waiver of the Site
Plan less than 2 years old. On a roll call vote (5-0), the request for a waiver of the Site Plan less
than 2 years old was approved. The waiver was, therefore, granted.
Because there are three bedrooms in the house and the septic is for three bedrooms, the Petitioner
would need to upgrade to a four -bedroom septic or get a building permit to effectively "remove"
the fourth bedroom in the house.
Mr. Igoe noted that the petitioner had met the standards and criteria under §407.2 (1-9), as
required under the bylaw, for a Special Permit.
A motion was made by Mr. Martin and seconded by Mr. Fraprie to approve the request for a
Special Permit for a family -related accessory apartment.
On a roll call vote (5-0), the request for a Special Permit for a family -related accessory apartment
was approved. 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)
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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 95058 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, CMC