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Home My WebLink About5058 1 Mayflower Ln Decision RecordedFILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: 01--- 0 8 -- 2 i] 2 4- a 1 0: 4-1 cx 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 329399 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 1 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. A TRUE COPY ATTEST: t''!!i"u KC;VC/TOWN CL:.. , .:< JAN - 4 2024 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) 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 #5058 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 BAN _ 4 2024 A TRUE COPY ATTES is JAB W A 2024 Petition #: 5058 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: January 2, 2024 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: Maureen E. Brown Affecting the rights of the owner with respect to land or buildings at: 1 Mayflower Lane, South Yarmouth, MA; Map 60, Parcel 64; Zoning District: R-40; Title: Book 32939, Page 313 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 BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register A TRUE COPY ATTEST: