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HomeMy WebLinkAbout5066 62 Monroe Ln Decision RecordedBk 36399 P S 232 ID21539 06--03-2024 a 02 s 49a COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5066 Date: February 7, 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: Vinicius Soares Pereira Affecting the rights of the owner with respect to land or buildings at: 62 Monroe Lane, West Yarmouth, MA; Map 67, Parcel 283; Zoning District: R-40; Title: Book 35813, Page 190 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. S--S� Sean Igoe, Vice Chair FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION January 17, 2024 5066 December 14, 2023 Vinicius Soares Pereira PROPERTY: 62 Monroe Lane, West Yarmouth, MA Map 67, Parcel 283 Zoning District: R-40 Title: Book 35813, Page 190 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Dick 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 Vinicius Soares Pereira of 62 Monroe Lane, West Yarmouth, Massachusetts, which property is located in an R-40 zoning district. The property contains 13,504 square feet of area. The Petitioner seeks a Special Permit for a family related accessory apartment that is less than 800 square feet. The contractor, Walaci Machado, represented the Petitioner, who was also present at the hearing. This family related accessory apartment would be created in the existing garage at 62 Monroe Lane. The total square footage of the proposed apartment would be --500 sq ft. The Petitioner had purchased the property on May 31, 2023, and initially had been renting the property to tenants. Two abutters expressed concerns about the multiple tenants and vehicles on the property since June 1, 2023. Chairman DeYoung confirmed that the Petitioner was aware that, under the current Zoning Bylaw, the apartment must be certified as family -related each year, and if the Petitioner puts someone in the apartment who is not family, it is a violation of the Zoning Bylaw. jyy� �425 24 Mr. Igoe noted that the petitioner had met the criteria, as required under the bylaw, for a Special Permit. The Petitioner will be required to present an affidavit that his relative will be living in the apartment. A motion was made by Mr. Igoe and seconded by Mr. Fraprie to approve the Special Permit, as requested. On a roll call vote (5-0), the Special Permit, was approved. - Mr. Igoe: AYE - Mr. Mantoni: AYE Mr. Fraprie: AYE - Mr. Martin: AYE Chairman DeYoung: AYE 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) Sean Igoe, Vice Chair 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 #5066 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 FEB — 7 2024 SARNSTABLE REGISTRY OF DEEDS John F. Moods, Rooster Gk 36399 P9235 �21540 06-03--2024 a �J2:49rr DECLARATION OF COVENANTS FAMILY RELATED ACCESSORY APARTMENT Whereas_ V n %' Ci.0, �n A(IaS Pa(LE-t a --A is the nwner of the nrnnPrty at, 62 M n maa e_ L AWE , W h sl Y6-Rn+* j o6 f * S ZWmore particularly described in a deed dated and recorded with the Barnstable County Registry of Deeds in Book:35`M S Page: 1010 which real estate is shown on Yarmouth Assessor's Map# 6-'� Parcel:; Whereas, VI n 1 C. i .s y SO H nF S. PZ4;im, has been granted a Special Permit to create a Family Related Accessory Apartment in Appeal # 0 6 6 Dated ! 17 .2 ; 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 thereforAf n, Cl .0. Jo n N&,i Ve ttfZt Wt 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 # o Wo 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 St day of (Signature) COMMONWEALTH OF MASSACHUSETTS Barnstable, County, ss. MA Y 207 % On this 31 day of MAY , 20, beforera- e, the undersigned notary public, personally appeared t n; c� us SoAtLg 2EteA , (Owner) proved to me through satisfactory evidence of identification, 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 ac ow to me that he/she signed it voluntarily for its stated purpose. WITNESS my hand and official seal. MISHA A MALCOLM Notary Public tSA A, © Notary Public, Cammaaweam of Masndk"ft MyComrristionBores April19,2WO My commission expires: C 'k I Ig12n3� TOWN OF YARMOUTH FAMILY RELATED APARTMENT AFFIDAVIT AFFIDAVIT OF: + n' a' VN S &Aa--S PF-P-F-%AA (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 2 MoNaol=_ Lp,e , YV '\�aamoo-Tki M N o2.6 9-s (Address) I/WE further certify that the FAMILY RELATED ACCESSORY APARTMENT at said address will be occupied by gR\ C t c> !So o-N 2 F- PF- S R E\ 2 A (Name) as his/her principal residence who is my/our 1'C-1 ) Qo T 4 F- P- (Relationship to petitioners) Signed under the pains and penalties of perjury, this 3 } day of caner/Owners of property COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. MAY 20 a. On this the 31 day of MAY , -a o 2 before me, M k 11 A t . M A �-Got.--t"\ Month Year Name of Notary Public The undersigned Notary Public, personally appeared �«� CN.j S JoA2f-- S (�(Le.tao Name of Signer(s) Proved to me through satisfactory evidence of identity, which was/were ChASTri 09( -4e4Ls C.tC�r-)J& , to be the p on(s) whose name(s) was/were signed on the preceding or attached document in my presence, and who swor or ed to me that the contents of this document is truthful and accurate to the best of his/her/their knowledge d I' MISHA A MALCOLM © Notary Imo, Commopmith of Massaehusetts Signa e o tary Public My Comriisson Exires April 19, 2= Printed Name of Notary Place Notary Seal and/or Stamp Above My Commission Expires _ _ _O ti-]_+ 1 � 2-0 3-Z� H:1MyFiles\Documents\Application\AffidavitFamilyRelated.doc(I'2015) BARNSTABLE REGISTRY OF DEEDS John F. Moods, Register