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HomeMy WebLinkAboutletter 10/23/20 TOWN OF YAR MOU TH 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 Fax 508-398-0836 Office of the Building Commissioner October 23, 2020 Emma Brackett Quan Tobey 3718 Grenn Vista Dr. Encino, CA 91436 Re: 21 Minden Lane,Accessory Apartment Dear Ms. Brackett Mr. Tobey On January 31,2011,the Yarmouth Zoning Board of Appeals granted the former owner Mary Ann Gray, a Special Permit to allow the transfer of a Family Related Accessory Apartment to an Affordable Accessory Apartment,via Petition No. 4323. That petition was granted pursuant to the provisions of Zoning Bylaw Section 407.3.2,para. 3. Please be advised that Section 407.3.2 para.4 provides that"the Special Permit for an Affordable Accessory Apartment shall terminate upon the sale of the property or transfer of title to the dwelling unless the new owners file a new Declaration of Covenants at the Barnstable Registry of Deeds at the time of transfer or within 45 days of the sale". "If no action is taken---then the new owners must apply for re- approval of the Special Permit". In addition, Section 407.2,para 9 provides that"the owners of the principal structure shall occupy,as their primary residence,either the principal dwelling unit or the accessory apartment---". In reviewing the Assessors' records I see you took ownership of the property on January 24, 2020. Based on the fact you have a California address, it appears that 21 Minden Lane,Yarmouth Port,MA is not your principal residence. Accordingly,you are required to contact me to discuss the required abandonment procedures of the garage apartment. Ve ' ' ly, 1 .. P C „i�e.G4. James D. Brandolini, /2 6-� r Deputy Building Commissioner cam'Cam, cc: Zoning Board of Appeals l Mary Waygan,Administrative Assistant • Alit, TOWN OF YARMOUTH DEPAItTMfNr - x' COMMUNITY 1146 ROUTE 28,SOUTH YARMOUTH,MASSACHUSETTS 02664-4451 DEVELOPMENT ;' Telephone(508)398-2231 Ext. 1275,Fax(508)398-2365 TTD(508)398-2231 TO: Steve DeYoung, Chairman Board of Appeals FROM: Mary Waygan,Administrative Assistant SUBJECT: 21 Minden Lane,Yarmouth Port Appeal#4323 Affordable Accessory Apartment DATE: January 10, 2011 CC: Mary Ann Gray, Vice Chairman, Community Housing Committee Karen M. Greene,Director of Community Development Donald Gray, 21 Minden Lane, Yarmouth Port,MA 02675 On December 6,2010 the Community Housing Committee(CHC)met with the applicant Donald Gray and toured the proposed affordable accessory apartment at 21 Minden Lane, Yarmouth Port. The Committee found the unit meets the goals of the Town's Affordable Accessory Apartment Program and voted unanimously to approve the unit on the condition that the unit, due to its size,is considered a studio and limited to one-person occupancy to the extent allowed by law. The Department of Community Development has calculated the Maximum Allowable Rent to be $958 a month including all utilities. This rent is based on the current Area Median Income for Yarmouth. The state's Regulatory Agreement and Declaration of Restrictive Covenants for Affordable Accessory Apartment Rental Projects shall be placed on the property to secure the unit's inclusion on the Ch 40B Subsidized Housing Inventory, If you have any questions,please feel free to contact me at 508-398-2231 Ext 1275. RECEIVED JAN102011 YARMOUTH BOARD OF APPEALS