HomeMy WebLinkAbout5095 14 Arrowhead Dr Decision Recorded with AffidavitBk 36390 Pg209 #20852
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
IjAIIICi7�1�
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
April 25, 2024
5095
March 28, 2024
Melissa B. Ferreira and Tales Coelho
PROPERTY: 14 Arrowhead Drive, Yarmouth Port, MA
Map 115, Parcel 109
Zoning District: R40 & APD
Title: Book 35141, Page 223
MEMBERS PRESENT AND VOTING: Vice Sean Igoe, Dick Martin, Jay Fraprie, John
Mantoni and Barbara Murphy
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 Melissa B. Ferreira and Tales Coelho of 14 Arrowhead Drive, Yarmouth Port,
Massachusetts, which property is located in an R-40 zoning district.
Decision #4369, dated June 8, 2016, granted a Special Permit to establish a family related
accessory apartment in the partially finished basement at 14 Arrowhead Drive.
On May 24, 2022, the petitioner took ownership of the property. Subsequently, the Building
Department issued a violation notice to the petitioner for failing to file a new Declaration of
Covenants for a family related accessory apartment at the Barnstable Registry of Deeds at the
time of transfer or within 45 days of the sale.
The petitioner seeks a Special Permit per §407 to re-establish a family related accessory
apartment that is less than 800 square feet. Ms. Ferreira provided an affidavit, dated March 10,
2024, certifying that her uncle will live in the apartment.
The petitioner testified that there are no changes to the apartment and no changes to the parking.
The two means of egress still exist in the split-level home with an exit f
backyard and an exit from the basement through the main house.
Bk 36390 Pg210 #20852
Accordingly, a motion was made by Mr. Fraprie and seconded by Mr. Mantoni to approve the
request for a Special Permit to re-establish a family related accessory apartment, incorporating
the same conditions from Decision #4369, dated June 8, 2016.
On a voice vote (5-0), the request for a Special Permit to re-establish a family related accessory
apartment with the stated condition was approved.
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 c4OA 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 #5095 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, CIVIC
MAY 17 2024
BARNSTABLE REGISTRY OF DES
Jok F. Meade$116g to
Bk 36390 Po211
05-30-2024 a 1 1 a 59a
DECLARATION OF COVENANTS
FAMILY RELATED ACCESSORY APARTMENT
Whereas, Melissa B. Ferreira and Tales Coelho is the owner of the property at,
14 Arrowhead Drive, Yarmouth Port, MA, more particularly described in a deed dated
and recorded with the Barnstable County Registry of Deeds in Book: 35141 Page: 223
which real estate is shown on Yarmouth Assessor's Map #115 Parcel 109;
Whereas, Melissa B. Ferreira and Tales Coelho has been granted a Special Permit to
create a Family Related Accessory Apartment in Appeal #5095 Dated April 25, 2024;
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 Melissa B. Ferreira and Tales Coelho 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
#5095 Dated April 25, 2024 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 _5Dday of o 24
(Signature) [/
me. issue teare,rr� �aL�S Ctitn
COMMONWEALTH OF MASSACHUSETTS
Barnstable, County, ss.
On this p day of / , 20 a* , before me, the undersigned
notary public, personally appeared (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 acknowledged to me that he.she
signed it voluntarily for its stated purpose.
WITNESS my hand and official seal.
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John F. Meade, Register