HomeMy WebLinkAbout1986 Jun 12 - Board of Appeals Decision e
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Filed with Town Cler'k: J(J(� � �� �iearing Date: 6/12;86 ;
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Petitioner.: �:Clifford Hagberg PEI'ITION NO- 2319
529 Airline Rd. � , � `
FaGt Dennis:, MA 02b42 '� �. 17 ��� :�� �
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DE�I`��`I CL�E�i�� � i ft��'�U�F;i:i;
The petitioner requested an approval and/or special permit tA allow the conversion of the
. existing irotel to condoniinium fonn of ownership. As shown on Assessor's Map#15 Lot P2
kncx�,m as the Beach House Motel.
P�ers of the Board of Appeals present:, Davi�. Oirti-jn, Leslie C�bell, ,3udith SUllivan,
Fritz Lindquist, Phillip Magnuson. �
It appearing that notice of said hearing has been given by sending notice thereof to the
petitioner and alI those owners of property deemed by the Board to be affected thereby anc
that public notice of such hearinq_ having been criven by publication in The Register on
5/29/86 and 6/5/86, the hearirx� was opened and held on the date first above written.
The following appea.red in favor of the petition: Cliff Hagberg, Jr_; Cliff Hagberg, Sr.
The following appeared in opposition: None
REA.SON �R DECISION: �
The Petitioner has appeal.ed for relief, in the form of a special pPxmit, in accordance with
the I'arr��uth Zoning By-Law Section 104.4.1 whereby the Petitioner seeks to convert the proxrt '
shown on assessar's Map #15, Lot No P2 to condominiLun form of ownership. Thz subject locu�
is a legally existing, non-,conformi.ng structure and use as a twenty-six unit motel with an
office area and other accessozy uses.
The Hagbergs will manage and aperate the �rotel premises. Clifford L. Hagberg has over
twenty five years of prr�perty managegent experience. Ewidence was presented that there
�aould be no structural changes in the existing building, no additional roor� created and nc
change in the present use of sa:id premises. The petitioner has met the requireznents of al'
various minicipal agencies as ret�uired by the zoning by-law. The candami.niwn doc�ur�ents as
su}�nitted designate a use season of March to Nove�nber of each year.
The i�.x�d fincis that the criteria as stated are satisfied and that:
l. Inasmuch as no structual or use c.1�,ange wi7.l occur nothing new (except for ownership) k_�1
be created. Nothing new being created demonstrates that no undue nuisance, hazard or
congestian wi11 be created.
2. Na substantial harm to the established or future character of the neighborhood or ta�m �s
caused by the sir�gle �t af changing the fonm of ownership.
3. The current use as a m�tel aru3 the current structures (which shali not change) are
currently Iegally existing, while nor�onforming are protected by sectian 104.3 of the
existing bylaw c,��ich states that,
� "104.3 Noncanforrn-incy. 2he law€uI use of any structure or land existing at the
' tisre of �ctine.nt ar sahs�uent arr�en3:-�nt of this bylaw m3y be continued, althoue^
� s�ch stnacture or use does not confarm witr. provisic�ns of the bylaw. . . . . . .
� 'lhus inasrrnach as such no�conformirxJ stn�ctures are specifically protected by the bylau
; u'��y t't�erefore �st be in ha��ny with t't2e ge.�eral purpose and intent of the bylaw whi�:
i.� stated in Sectian 100 as follexas:
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��100 Purpose .
The purpose of this bylaw is to proirote the health, safety, convenience and w�lfaxe
of the inhabitants by dividing �the town intp dis-tricts and re�ulatirx� the use and
consuuction of buildings and prem.ises therein."
4. The petitioner has filed an application and appeared before Yarirouth Site Plan Revie�.
5. The Condominium Dociur+ents define the existing and current use of the propez-ty and
restrict use thereto. Thus there is no change of use and future use as seasonal
condominium m�tel units are ee�licit�y defined. There is no increase in the rnunber
af units, bedrooms and/or kitchens.
6- The Condominium De�cuzrents are written to include proper rranage�nt authority to
insure maintenance and repair of public health and safety aspects, specifically water
lines and se�aage facilities. t
7. The seasonal use of the �rotel shaZl be restricted to a period beginninq on M�z-c� 15
and ending on Nove�,r 15.
The petitioner is a,ranted a S�CiaZ re�mit as requested, for the reasons cited herein.
This pexmit shall inure to the benefit of the petitioner and her grantees, successors and
assi.gns.
i��_.mbers of the Board voting: David Oman, I,eslie Canrpbell, Judith S�llivan, Fritz Lindquist,
Philip N',agn�zson.
All voted unanimously in favor granting the Petitioner's request.
Therefore, the Petitioner's request for special pezmit is granted as above for all the
above stated reasons.
No p�rmit issued until 2G days fmm the date of filing the decision with ;he Zbwn Clerk.
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Fritz Lindquis�i
Clerk �''
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