HomeMy WebLinkAboutletter 11/9/20 November 9,2020
James D.Brandolini
Deputy Building Commissioner
Town of Yarmouth
1146 Route 28
South Yarmouth,MA 02664
RE:21A Minden Lane,Yarmouthport MA 02675—Affordable Accessory Apartment
Dear Mr.Brandolini,
I am writing in response to your letter of October 23`s. Thank you for alerting me and my
brother Quan Tobey to the Zoning Bylaws for the Town of Yarmouth and the regulations around
apartment units.
First,I would like to clarify that while I am a co-owner of the property,my brother Quan is the
other co-owner and the principal resident of the property at 21 Minden Lane.I am not sure why I
am listed as the primary address,but we'd like to correct that in your records so that all
correspondence goes directly to him at 21 Minden Lane.
We purchased the property in order to create a safe living environment for our elderly mother,
Kristine Brackett,who is also a resident at the property and for whom my brother is caretaker.
We closed on the property in January 2020 and Quan and Kristine moved in May 2020 with the
intention of our mother being in the apartment above the garage.Because it was our mom who
would be living in the apartment,we were unaware that there was an obligation on our part to
"convert"the legal status of the apartment or otherwise make an application to the town.That
was obviously our mistake in not researching the new homeowner obligations and for this we
apologize.
While we were aware that the Affordable Accessory Apartment was a program administered
through the Town of Yarmouth,we mistakenly believed that this was a voluntary program for
owners to participate in,if they chose.We were unaware that the Bylaws provide for either a
Family Related Accessory Related Apartment or an Affordable Accessory Apartment—your
letter clarified that is the case.We obviously want to be in full compliance with all laws and
regulations of the Town of Yarmouth.Again,thank you for alerting us to our non-compliance.
Due to COVID-19 and recent subsequent impacts to both my and my brother's finances,it has
become clear that it will be untenable for us to keep this property without some additional
supplemental income to aid with the mortgage payments.
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Therefore, we need to understand the process and costs to reapply for a special permit for an
Affordable Accessory Apartment as well as how the Affordable Apartment program works and
its limitations. Alternatively, we need to understand the Abandonment Procedures as well so we
can make an informed decision regarding whether we keep or sell the property. We will reach
out to you at the number provided in your letter to understand our options and decide upon next
steps.
Thank you and I look forward to speaking with you soon.
Regards,
Emma Brackett
3718 Green Vista Dr
Encino, CA 91436
On behalf of
Quan Tobey
21 Minden Ln
Yarmouthport, MA 02675
cc: Zoning Board of Appeals
Mary Waygan, Administrative Assistant
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