HomeMy WebLinkAboutDRAFT Memo to File re 4073
TOWN OF YARMOUTH
BOARD OF APPEALS
MEMORANDUM TO FILE
PETITION #4073
PETITION NO: Modification of Decision 4073
HEARING DATE: ______________________________
PETITIONER AND
PROPERTY OWNER: John D. Kaletski Jr.
PROPERTY: 9 Green Way, South Yarmouth, MA
Map 90, Parcel 59
Zoning District: R-40
Title: Book 36105, Page 213
MEMBERS PRESENT AND VOTING: ________________________________________
Relief was previously obtained from the Board of Appeals in Petition #4073 (October 3, 2006) to
create an Affordable Accessory Apartment at the Property, and the dwelling was required to
remain the principal residence. The Decision was recorded in the Barnstable County Registry of
Deeds in Book 21465, Page 26. The Affordable Housing Restriction, Declaration of Covenants
Affordable Accessory Apartment, and Affidavit Affordable Accessory Apartment, were recorded
in the Barnstable County Registry of Deeds in Book 21552, Page 314.
On November 28, 2023, the Property was purchased by John D. Kaletski Jr. Subsequently, the
Commonwealth of Massachusetts enacted the Affordable Homes Act, which permitted a market
rate accessory dwelling, without requirements for Affordability or owner-occupancy. It is the
Petitioner’s current intent to abandon Decision #4073, and to establish one market rate unit at the
Property, without an Affordable restriction and without an owner-occupancy requirement.
A motion was made by _______ and seconded by _______ to declare Decision #4073 void,
without any further obligation on the part of the Applicant to abide by the Decision, and may
seek approval, if any is required, to permit the Principal Dwelling and Accessory Dwelling Unit
to remain without any previous conditions issued by this Board. The members voted as follows:
_______________________________. On a roll call vote (___), the request was __________.
_________________________________________
Sean Igoe, Chairman