HomeMy WebLinkAbout4577 41 Standish Way Decision Recorded 05.01.2015Bic 28837 Psi 83 * 18940
05-01--2015 8 09 a 51M
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: March 30, 2015
PETITION NO: #4577
HEARING DATE: March 12, 2015
PETITIONER: Martin J. Dugal
PROPERTY: 41 Standish Way, West Yarmouth
Map & Lot#: 0029.190; Zoning District: R 25
Book/Page: 2715V292
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Bryant Palmer
and Richard Neitz.
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.
t The Petitioner is Martin Dugal who seeks relief under Zoning By-law §407.2 in connection with
property located at 41 Standish Way, West Yarmouth, MA property in an R-25 Zoning District. The
Petitioner seeks approval for the creation of an Affordable Accessory Apartment.
The Petitioner has proceeded with improvements to his property. These include living space above a
garage with a total of 575 sq. ft. The living space with bath and kitchen area, consists of one -bedroom
and is suitable for one -person occupancy.
The Community Housing Committee considered the proposal prior to the Zoning Board of Appeals
and provided its memorandum dated 3/5/15 which the Board considered.
The Board was unanimous in finding that the Petitioner's proposal coupled with the provisions of
§407.2 and that the relief would be desirable with the creation of another affordable housing unit.
Mr. Igoe made a Motion to approve the requested relief which Motion was seconded by Mr. Palmer
and upon which the Board voted unanimous in favor of upon the following conditions:
1) The unit be limited to one -person occupancy;
2) ShouId the initial tenant cease occupancy, the next
tenant must be selected through an affirmative,
fairly marketed affordable housing lottery or wait list
approved by the Town;
3) The monthly rent shall not exceed the affordable maximum allowed;
4) The owner and tenant shall execute a yearly lease/rental agreement with
a copy to the Community Housing Committee;
5) The unit must be occupied only by a household which is determined by the
Town to earn less than 80% of the Area median Income; and
6) The owner comply with all rules and regulations relating to Affordable
Accessory Apartments.
No permit shall Issue until 20 days from the filing of this decision with the Town Cleric. 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 noticddecLsion 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
94)
Steven DeYoung. ChakfFag
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