HomeMy WebLinkAboutBOA # 4818 Ow did TOWN OF YARMOUTH
i"'.4y BOARD OF APPEALS
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FILED WITH TOWN CLERK: September 19, 2019
PETITION: #4818
HEARING DATE: September 12, 2019
PETITIONER: Brian Librandi
PROPERTY: 111 North Main Street, South Yarmouth
Map and Parcel: 0070.27; Zoning District: R-40
Book/Page: 30939/257
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Tom
Nickinello, Susan Brita, and Tom Baron.
It appearing that notice of the hearing has been given by sending notice to the petitioners and all
of those owners of property deemed to be affected thereby, and to the public by posting notice of
the hearing and published in The Register, the hearing was opened and held on the date stated
above.
The owner seeks a Special Permit under by-law §407 and/or Variances from §407.2 (#9) and
§407.2.1 (#2) for creation of an Accessory Apartment which property will not be owner occupied.
The Petitioner, Brian Librandi, along with his father-in-law were present. The Petitioner gave the
history of the property from the time when he purchased it, the dwellings on the property at that
time and how it became two separate dwelling units and both rental units.
A lengthy discussion continued between the Board and Mr. Librandi regarding the creation of the
illegal apartment in the garage unit without securing any Building Permits. The Board had received
historical information from Mr. James Brandolini, Deputy Building Commissioner that this
property had not been inspected, no Building Permits were issued creating an illegal apartment.
These rentals do not have an occupancy permit nor have they been inspected by the Town's
Housing Inspector and listed on their records.
Mr. Brandolini was present at the hearing and explained the Violation letters that were sent to the
Petitioner informing him that he was in violation and that he is required to apply to the Board of
Appeals. During the course of time fines were imposed and held in abeyance until the Petitioner
filed an application with the Board of Appeals. These fines still stand and will be handled by the
Building Department.
The Board itself had many concerns with the project and it appeared that the Petitioner would not
receive a favorable vote. The Petitioner was provided the options as to how he could proceed and
asked that the Petition be allowed to be withdrawn, without prejudice.
Mr. Igoe made a Motion, seconded by Mr. Baron to allow withdrawal of the Special Permit,
without prejudice, to which a unanimous favorable vote was given.
Mr. Igoe made a Motion, seconded by Mr. Baron to allow withdrawal of the Variances, without
prejudice, to which a unanimous favorable vote was given.
Steven DeYoung, Chairman
o4..YgR o TOWN YARMOUTH
;. y BUILDING1R ■ p DEPARTMENT
%MATTA�H CSE 1146 Route 28, Sou
th�q Yarmouth, MA 02664
508-398-2231 ext. 1261 Fax 508-398-0836
MEMORANDUM
TO: Zoning Board of Appeals
FROM: James D. Brandolini, Deputy Building Commissioner
DATE: September 11, 2019
SUBJECT: 111 North Main Street/Petition No. 4818-Accessory Apartment
Dear Board Members:
I see the Petitioner/owner, Mr. Brian Librandi , included in his Petition Application, a reference
to Section 407.2.1(2) as part of his variance request. Please be advised, that said provision,
relates to Family Related Apartments and not Affordable Units, which is being requested.
Accordingly, the Petitioner should request that section of relief be withdrawn.
Respectfully submitted,
James D. Brandolini,
Deputy Building Commissioner
?` o
''! y TOWN OF YARMOUTH
BOARD OF APPEALS
APPLICATION FOR HEARING
Appeal#: 7`7eC Heating Date: FeeS
Owner-Applicant: aftah Ltsranrli
4/6" W[Vile W ih /^"` (Full Names-Including dlb/a)
.rlpn pn�y� IJ)' is q9 8v_r-27z/76% ,lilibt1-4.t8 y•ma().(dm
(Ad&ss) (Telephone Number) (Email Address)
and is the (check one) Owner Tenant Prospective Buyer Other Interested
Party
Property: This application relates to the property located
at: Ill No/4 /1Rin 54ree-r
and shown on the Assessor's Map#: 7 o as Parcel#: Z.7
Zoning District: g-F G If property is on an un-constructed(paper)street name of nearest
cross street, or
location: otheridentifying
Project: The applicant seeks permission to undertake the following construction/use/activity
(give a brief description of the project.i.e.: "add a 10'by 15'deck to the front of our house"or
"change the use of the existing building on the property"):
RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals:
I) REVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING
ADMINISTRATOR dated attach a copy of the decision appealed from). State the reason
for reversal and the ruling which you request the Board to make.
2) SPECIAL PERMIT under§ CI°7 Z. of the Yarmouth Zoning By-law and/or for
a use authorized upon Special Permit in the"Use Regulation Schedule"§202.5 .(use
space below/ if needed)
3)=VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from
which relief is requested,and,as to each section,specify the relief sought:
Section: V.7. 1.q Relief sought: Pn„ ak s },.a-e- i s #o1 twrt h), cant,c
Section: 1/o7.1,I.c Relief sought: by ow Kee—
Section: Relief sought:
ADDITIONAL INFORMATION:Please use the space below to provide any additional
information which you feel should be included in your application:
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