HomeMy WebLinkAbout2004 Aug 03 - BOA Decision Re: Petition #3939 � ,�� ����
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F'ILED WITH TOWN CLERK: August 3,2004 �E��������
PETITION NO. #3909
HEARING DATE: Juty 2Z,Z004
PETITIONER: Robert W. Masse dba tl��ea#er Streyet��n
PROPERTY: 43��;+�6A,Yarmouthport
Assessars Map& Lot: 123.53 (111/�2) Zoning District: R40
MEMBERS PRESENT AND VOTING: David Reid, Chairman, John Richards, Josep�h
Sarnosky, Sean Igoe,Diane Moudouris, and Thomas Roche,Alternate.
It appearing that notice of said hearing has been given by sending notice thereof to the petitioner
and all those owners of property deemed by the Board to be affected thereby, and to the public
by posting notica of the hearing and published in The �Zegister, the hearing was opened and held
on the date stated above.
The petitioners request a Spscial Permit, per bylaw §104.3.2 and §301, in order to add a guest
bedroom to their existing Inn business at this home.
The property is Iocated in the R40 zone, where Inns aze allowed by Speci�al Permit. The current
use has �� (a�;g�st,rtxt�ca�tnis. The petitioner gia�s ta a�dd another guest surte: No structural
alterations are proposEd. T� (3} e�ing rvcr�s will be t�se�} far th� ne�► g�est qt�ters. In
addition, the getitioner will add one rnore pazking space to the Center Street side of the property,
as shown in the petitioner's site plan(dated Apri120, 2004).
The petitioner represents that the �u�e co�s a��tai vf 9 av��able b�(i�l�ii�ag two
(2) o� the third flo�r). (T'he Boar�d makes no d�cision on the propriety of these third floor
bedrooms, and does not, by implication, grant any new relief therefore nor amend the earlier
decision (#2561-1988) reiating to these rooms}. The rooms affected by this petition, aze shown
on the petitioner's hand drawn floor plans, and located on the first Aoor in the south-weste�ly
corner, The "suite" will consist of one bedroom, a sitting/living room and a 3/4 bath N�o bed or
sleeping accommodations will be provided in this sittinglliving room(so that there will be only 5
guest bedrooms).
The Boaxd expressed some concern for the p�rking arra�ements. All of the sp�ees are partially
within tt�e maa la�ut. However, as a very old residential street, lined with trees, also within the
layout, it appears very unlikely that it will ever be widened on their side of the paved way.
Neighbors and the petitioner's assured the Board that the cwrrent parking a�trangement has never
proven to be a problern with traffic on the road.
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, The Board finds that the proposeci ea�n�ion to fiive (5) guest room� may be made, without
becoming substantially more detrimental to the neighborhood, and without causing any undue
n�isance, hazard or congestion, provided that the petitioner's representations and conditions
continue. Therefore, a motion was made by Mr. Igoe, seconded by Mr. Richards, to grant the
Special Permit, to allow the expansion and the additional parking space, as proposed, on the
fo llowing:conditions:
1. it will remain as an owner occupied single family home, with 5 g�test b��s only,
2. the ne�v"suite"will contain only one room for guest sleeping quarters,the other room to
be only a private sitting/living room,
3. the petitioner will submit a raevi�d fIoor g�trt, more clearly labeling the 9 bedrooms of
the home, including the specific five (5) which are to be rented to guest,
4. as specified in the Site Plan Review report,the hot tub wili be moved and is to be for the
petitioner's use only,not guests, unless such use is approved by the Board of Health,
5. the new parking space shall be constr�tcted, as shown on sa.id plan, and my be surfaced
with pea stone or similar pervious ma.terials.
The members voted unanimously in favor,the Special Permit is therefore granted.
No permit shall issue until 20 da.ys from the fi�ing of this decision with the Town Clerk. Appeals
from this decision shall be made pursuant to MGL c40A section 17 and must be filed wfthin 20
days after filing of thi� notice/decision with the Town Clerk. Unless othe�wise provided herein,
the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See
y aw . . , c ess o erw�se provi e ereui, a ariance s apse � e
rights authorized herein are nat excised within 12 months. (See MGL c40A §I 0)
David S. Reid,Clerk
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