HomeMy WebLinkAbout4509 41 Center St Memo to File ADUYARMOUTH TOWN CLERK RE
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PETITION NO:
HEARING DATE:
PETITIONER AND
PROPERTY OWNER:
TOWN OF YARMOUTH
BOARD OF APPEALS
MEMORANDUM TO FILE
PETITION #4509
Modification of Decision 4509
December 11, 2025
John T. Hannon and Barbara L. Hannon,
Trustees of the Center Street Realty Trust
PROPERTY: 41 Center Street, Yarmouth Port, MA
Map 132, Parcel 130
Zoning District: R-40
Title: Book 29226, Page 343
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, John Mantoni,
Anthony Panebianco, and Richard Neitz
Relief was previously obtained from the Board of Appeals in Petition #4509 (March 31, 2014) to
create a Family Related Accessory Apartment at the Property. The Decision was recorded in
Book 28102, Page 110, and a Declaration of Covenants Family Related Accessory Apartment
was recorded in Book 28102, Page 114, respectively, in the Barnstable County Registry of
Deeds.
Subsequently, the Commonwealth of Massachusetts enacted the Affordable Homes Act,
effective February 2, 2025, which permitted a market rate accessory dwelling, without the
requirement for a familial relationship. It is the Petitioner's current intent to abandon Decision
#4509, and to establish one market rate unit at the Property, without a familial relationship
requirement.
A motion was made by Mr. Neitz and seconded by Mr. Panebianco to declare Decision #4509
void, without any further obligation on the part of the Applicant to abide by this 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: Mr. Martin: AYE; Mr. Neitz: AYE; Mr. Mantoni: AYE; Mr. Panebianco: AYE;
Chairman Igoe: AYE. On a roll call vote (5-0), the request was approved.
Sean Igoe, Chairman