4639 14 Arrowhead Dr Decision RecordedBk 29833 P9924 �38654
os-01-2016 Q OB = 23M
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: June 8, 2016
PETITION NO:
HEARING DATE:
PETITIONER:
#4639
May 26, 2016
Josimary F. Pires
PROPERTY: 14 Arrowhead Drive, YarmouthPort, MA
Map & Lot#: 0115.109; Zoning District: R-40
Book/Page: 28340/350
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Bryant Palmer, Doug
Campbell and Dick Martin.
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
Register, the hearing opened and held on the date stated above.
The Petitioner, Josimary F. Pires, seeks relief under Zoning By-law §407 for grant of a Special Permit
to create a Family Related Accessory Apartment in an existing structure. The Petitioner, owner of the
property located at 14 Arrowhead Drive, YanmouthPort, MA was well represented by her family
members, Anderson Silva and Renata Silva. In addition, John Thompson, a neighbor, spoke in favor of
the Petition. No exhibits were received and no one spoke in opposition to the Petition.
The Petitioner seeks to finish a portion of the basement of the existing single family dwelling so as to
make a separate living accommodation. The Petitioner shall occupy the basement apartment and his
family members, Anderson Silva, Renata Silva and family shall reside on the first floor. The basement
shall only be partially finished and shall consist of an apartment totaling 798 sq. ft. This shall be an
unfinished portion of the basement where utilities are located.
The Petitioner's representatives explained that they were well aware that the apartment could not
exceed 800 sq. ft. and agreed that they would not finish that portion shown as "unfinished room" on the
floor plans dated March 25, 2016 that they submitted with their application.
Each Board member concurred that the Petitioner and his representatives provided a compelling case
for relief under By-law §407 and that the relief, if granted, would not result in any undue nuisance,
hazard or congestion nor substantial harm to the existing or future character of the neighborhood or
Town. The Board discussed with the Petitioner's representative that the relief provided only for
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occupancy of the apartment by a family member and that it would be necessary for the Petitioner to
comply with all requirements relating to inspections, certification of occupancy, etc.
Motion was made by Mr. Palmer and seconded by Mr. Martin to approve the Petition to allow for the
creation of a Family Related Accessory Apartment in the Petitioner's existing structure. Upon this
Motion, the Board voted unanimously in favor and so, the Petition was, therefore, granted.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This decision
must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. 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, MGL c40A
§9)
zqbr�- �)e
Steven DeYoung, Chi an
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Appeal #4639 Date: June 29, 2016
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:
Josimary F. Pires
14 Arrowhead Drive
YarmouthPort, MA 02675
Affecting the rights of the owner with respect to land or buildings at: 14 Arrowhead Drive,
YarmouthPort, MA. Zoning District: R-40; Map & Lot#:0115.109; Book/Page: 28340/350 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 DeYo g, Chairman
DECLARATION OF COVENANTS
FAMILY RELATED ACCESSORY APARTMENT
Whereas, 0 5 p i is the owner of the property
at, l Q V, more particularly described in a
deed dated and recorded with the Barnstable County Registry of Deeds in
Book:S 3�0 Page: which real estate is shown on Yarmouth Assessor's
Map#_LLSParcel:_tM;
Whereas, Jo S i rrG.p- _ � F . -V % &as been granted a Special Permit to create
a Family Rel&Jd Accessory Apdrtment in Appeal #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 �� agrees that on sale of premises or transfer
of beneficial inte st, or when he a no longer occupies the premises, as his/her principal
residence, whichever comes first, that the rights granted to him/her in Appeal #-�9
Dated: G/ Iv shall lapse and the Special Permit shall be void. No accessory
apartment shall be held in separate ownership from the principal structure/dwelling unit.
igned under the pains and penalties of perjury, this day of 201.{o
COMMONWEALTH OF MASSACHUSETTS
Barnstable, County, ss.
On this day of , 201(o,fore me, the undersigned
notary public, personally appeared, �c 1 0 (Owner)
proved to me through satisfactory Widence o ' entification, which was [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 purpose.
J10
WITNESS my hand and official seal.
Notary Public :y
-a
My commission expires: Maq- -)- - _
U':'
TOWN OF YARMOUTH
FAMILY RELATED APARTMENT
AFFIDAVIT
AFFIDAVIT OF:_
(Name of Petitioner
I/We hereby certify that Uwe are the owners in principal residence, and will occupy the main portion of
the residence, at
(Address)
UWE further certify that the FAMILY RELATED ACCESSORY APARTMENT at said address will be
occupied by 0 1
(Name)
as his/her principal residence who is my+our C, oy a 1 ' V
(Relationship to petitioners) f 9
,Signed under the pains and penalties of perjury, this_&day of 20 16
Owner wners of property
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss. !! L r
On this the 029 day of (lO, before me, �a l t l._67 a"p o
Mon.Yh Year Name of Notary Public
The undersigned Notary Public, personally appeared sk mo K
-P. Pl G's
+ �eof Signer(s) N
Proved to me through satisfactory evidence of identity, which was/were 11 16 a(.L
to be the person(s) whose name(s)
was/were signed on the preceding or attached document in my presence, and who swore or affirmed to me that the
contents of this document is truthful and accurate to the best of his/her/their knowledge and belief. O io 'P
' V VJ1. 3
v �
Signature of Nt ry; 1 A� _
Printed Name 0
Place Notary Seal and/or Stamp Above My Commission Expires��
H:IMyFiles\Documents\ApplicationlAffidavitFamilyRelated.doc(1/20 l5 )
TOWN OFYARMOUTH
Town
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 Clerk
Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836
CERTIFICATION OF TOWN CLERK
I, Philip B. Gaudet, III, 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 #4639 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.
DARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register