HomeMy WebLinkAbout4885 67 Balsam Way Decision RecordedRic 34182 Po 5l 0:3a 17 4
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: March 31, 2021
PETITION NO:
N_E'ARING DATE:
PETITIONER:
#4885
February 25, 2021
Richard M. Quirk, Jr.
PROPERTY: 67 Balsam Way, YarmouthPort, MA
Map & lot#: 0095.34; Zoning District: R-40
Book/Page: 24076/58
MEMBERS PRESENT AND VOTING: Steven S. DeYoung, Chairman, Dick Martin, Richard
Neitz, Tom Baron and Tim Kelley.
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, Richard M. Quirk, Jr. seeks a Special Permit pursuant to By -Law §407.
Specifically, the Petitioner seeks approval of a Family Related Apartment at property located at
67 Balsam Way, Yarmouth Port, MA, such property being located in an R-40 Zoning District.
The property owned by the Petitioner is enhanced by a single family dwelling and occupied by
the Petitioner as his principal residence. The property is well maintained, attractive and will be
enhanced by a 572 ft.' addition to the home and will incorporate a kitchenette. The addition will
be a separate living accommodation. In anticipation of the consideration of the Petition, the
Petitioner filed the appropriate Affidavit and Declaration of Covenants as they relate to family/in-
law apartments. The Petitioner indicated he had full understanding that the addition was only to
be used for family related occupancy and, should the need for the same no longer exist, that he
would have to seek other relief from the Board. The addition will be consistent with the style of
the existing structure.
The Board concurred that the relief sought by the Petitioner would cause no duehaa'
nuisance nor congestion nor would it result in any detriment to the character of,'the
or Town, now or in the future. After discussion, a Motion was made by Mr, N,eit�secpEtJ'
Mr. Martin to grant the Special Permit as prayed for by the Petition and withoAU66 AW .
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ARI
A roll call vote was then taken with the following results: Mr. Martin- aye, Mfr B ro a e,1
Kelly- aye, Mr. Neitz- aye and Mr. DeYoung- aye. Therefore, the Spezia}
unanimous vote.
1
r TOWN CLERK
Bk 34182 Pg52 #38174
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 S. DeYoung, Chairman
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Bk 34182 Pg53 #38174
Appeal #4885
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: April 2.1, 2021
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:
Richard M. Quirk, Jr.
67 Balsam Way,
YarmouthPort, MA 02675
Affecting the rights of the owner with respect to land or buildings at: 67 Balsam Way,
YarmouthPort; Zoning District R 40; Map & lot#: 0095.34; Book/Page; 24076/58 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.
teven S. D ng, Chairman
APR 2 2 2021
Bk 34182 Pg54 #38174
o� r TOWN OF YARMOUTH
= Town
j E86 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 Clerk
10 Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836
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 #4885 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
Town CIerk APR 2 2 2021
BARNSyABLE REGISTRY OF DEEDS
John R Meade, Register
APR 2 2 2021