4672 214 Old Main St Decision Recorded + ConditionsBk 30132 Pg308 #62986
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
i"a
FILED WITH TOWN CLERK: November 9, 2016
PETITION NO: #4672
HEARING DATE: October 27, 2016
PETITIONER: Kenneth J. Doyle
PROPERTY: 214 Old Main Street, South Yarmouth, MA
Map & Lot#: 0060.243; Zoning District: RS-40
Book/Page: 26515/190
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Bryant Palmer
and Doug Campbell.
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, Kenneth J. Doyle, as Trustee of Bubba Realty Trust, seeks a Special Permit under
Zoning By-law §407 to allow an affordable apartment in connection with Mr. Doyle's primary
residence. This residence is located at 214 Old Main Street, South Yarmouth, MA and is within an RS-
40 Zoning District.
The Petitioner was accompanied by Trish Venckauskas both of whom did a fine job in presenting the
merits of the Petition.
The property has been well developed, maintained and improved by the owner. The unit to be let as an
affordable apartment is slightly smaller than that ordinarily required. However, the matter was fully
vetted by the Community Housing Committee and approved by it, subject to certain conditions.
Each Board member expressed support for the development of affordable housing in general and in this
specific circumstance. The Board unanimously agreed that the requirements of §407 had been met
and, on Motion made by Mr. Campbell, seconded by Mr. Palmer, it was unanimously voted in favor of
the grant of the petitioned Special Permit subject to the conditions set -forth in the Community Housing
Committee's Memorandum dated 10.25.16 which conditions (1-6) are specifically incorporated herein
by reference.
Bk 30132 Pg3O9 #62986
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This decision
must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. Appeals
from this decision shall be made pursuant to MGL c40A section 17 and must be fled within 20 days
aver filing of this notice/decision with the Town Clerk. Unless otherwise provided herein, the Special
Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw, MGL c40A
§9)
Steven DeYoung, rrnan
TOWN OF YARMOUTH
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451
Telephone (508) 398-2231 Ext. 1275, Fax (508) 398-2365 TTD# (508) 398-2231
TO: Steve DeYoung, Chairman
Board of Appeals
FROM: Nate Small, Chairman '►,
Community Housing Committee
SUBJECT: 214 OId Main St, South Yarmouth
Affordable Accessory Apartment; BOA Petition # 4672
DATE: October 25, 2016
CC: Karen M. Greene, Director of Community Development
Mr. Kenneth Doyle, 214 Old Main Street, South Yarmouth
DEPARTMENT
OF
COMMUNITY
DEVELOPMENT
RECEIVED
OCT 25 2016
YARMOUTH
BOARD OF APPEALS
On October 24, 2016 the Community Housing Committee voted unanimously to
recommend approval by the Board of Appeals of the affordable accessory apartment
proposed by Mr. Kenneth Doyle at 214 Old Main Street in South Yarmouth under Board of
Appeals Petition Number 4672 with the following conditions:
1. The maximum monthly rent is set at no more than $1,089;
2. The monthly rent includes all utilities;
3. The unit is limited to one -person occupancy;
4. The tenant shall earn no more than 80% of the Barnstable County Area Median
Income as set by US HUD;
5. The tenant shall be selected through the affirmatively marketed Ready Renters
Program; and
6. The unit is leased fully furnished. The unit is 550 square feet, which is 50 square
feet shy of the Town's Affordable Housing Standards Design Criteria for a one -
bedroom affordable accessory unit. The Committee felt the added benefit of renting
the unit fully furnished should allow the owner to charge up to the current Federal
Fair Market Rate Rent of $1,089 for a one -bedroom unit.
NS mew