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HomeMy WebLinkAbout4073 9 Green Way Decision Recorded and Affidavit.r i FILED WITH TOWN CLERK. PETITION NO: HEARING DATE: PETITIONER: PROPERTY: ek 214.65 Po26 �66558 10-25-2006 A 01=38P TOWN OF YARMOUTH BOARD OF APPEALS DECISION October 3r,2006 04073 September 28, 2006 Nancy F. Mesmer 9 Green Way, South Yarmouth . Map & Parcel: 9059 Zoning District: R40 MEMBERS PRESENT AND VOTING: David S. Reid, Chairman, Ms. Diane Moudouris, Mr. John Richards, Mr. Sean Igoe and Mr. Tbomas Roche 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. The petitioner seeks a Special Permit under bylaw §407.5, in order to retain a pre-existing but un-permitted accessory apartment. The property is located in an R40 zone. The lot contains approximately 14,810 square feet of area The lot contains the petitioner's primary residence, a one-story single-family home. Located in the basement of the home is a 780 square foot one -bedroom apartment. It has been present and occupied for several years. The petitioner has now begun the process of securing, after the fact, all necessary permits and inspections for the apartment. The petitioner proposes to continue to rent it, as an affordable accessory apartment, within the constraints of §407 and §407.3.2. The petitioner was advised oi, and understands the restrictions on future rentals, and the limitations of this Special Permit, including that the dwelling must remain her principal residence, and that if Special Permit lapses upon transfer of the property. The Board finds that the requirements of §407 are met at this property. The lot is of sufficient size, there is adequate parking, and the site will continue to appear to be a single-family home. A motion was made by Mr. Richards, seconded by Mr. Roche, to grant the Special Permit, as requested. The members voted unanimously in favor of the motion, the Special Permit was therefore granted 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 M.G.L. C40A §17 and must be filed within 20 days after the filing of this notice/decision with the Town Clerk David S. Reid, Chairman AFFIDAVIT ACCESSORY APARTMENT AFFIDAVIT OF: Nancy F. Mesmer (Name of Petitioner) I: Nancy Mesmer hereby certify that I am the owner in residence, and will occupy the: X main portion of the residence at 9 Green Way South Yarmouth, MA 02664 (Property location) accessory apartment I further certify that the accessory apartment at said address will be occupied by an income eligible household with a maximum income of 80% or less of the Area Median Income (AMD based on household size of Bamstable-Yarmouth Metropolitan Statistical Area (MSA). Signed under the pains and penalties of perjury, thisSLday of )C IV JA 200�. 'owner/` COMMONWEALTH OF MASSACHUSET17S Barnstable, ss. On this thec5Ldayof ©t,b ,?DOfa before me, -AAA.-a.y G.h-LN W AY4AU+ Month Year Name of Notary Public The undersigned Notary Public, personally appeared Nancy F. Mesmer Name of Signer(s) Proved to me through satisfactory evidence of identity, which was/were ] �Aje, k..iaw.J 25A4e— . to be the person(s) whose name(s) was/were signed on the preceding or attached document in my presence, and who swore or affumed to me that the contents of this document is truthful and accurate to the best of his/her/their knowledge and belief. &qkki6f Irotary Public 04r�1 E;LAw o W Ag Printed Name of Notary Place Notary Seal and/or Any Stamp Above My Commission Expires N 0 4= C� 1 U 1 Z H:\MyFiles\Documents\Application\Accessory Apartment Affidavit.doc