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Home My WebLink About2005 Mar 23 - Board of Appeals Decision - Petition #3948 , � '�� `�`�`',�� F-• . � �� ,��c TOWN OF YARMOUTH ��:;='��,';� ;;I '��-i - o p::� . _µ-� '� BOARD OF APPEALS T�`:"" ` , " ' .�'�� `�`` ~ a b'' � DECISION t T►�c N�t� 1�� j$ `' 2 3 P�� 2� 2� FILED WITH TOWN CLERK: March 23,2(� �`- x _ -R�� 1 �� _ , PETITION NO. #3948 HEARING DATE: March 10,2005 �`��'��'� �.�� ( � �.�� PETITIONER: M.Victoria Schuh db�t Blueberry Manor PROPERTY: 438 Route 6A,Yarmouthport,MA Assessors MuplLot: 123.63(111/D), Zoning District: R40 MEMBERS PRESENT AND VOTING:Dnvid Reid,C6airman, John Richards, Diane Moudouris, Sean Igoe,Steven DeYoung and Thomas Roche,Alternate. It appe�aring that notice of said hearing has bcen given by sending no�ice thereof to ihe pe�itioner and all those owners of property deemed by the Board to be affected thereby,and to the public by posting natice of the hearing and published in The Register,the hearing was apened and held on the date stated above. The petitioner seeks a Special Permit, Variance and modification of a priar Special Permit, in order to expand an�isting Inn and repla:ce aa existJing barn,as more fiilly se�forth below. 1'he property is in the R40 z,one and the lot contains 24,813 square feet or area, and is improved with a single-family home and a barn. The home contains a Bed and Breakfast Inn, as allowed by Special Permit #3299. 1he prior permit limited the use to three (3) �uest rooms, and forbade any guest funrxionsluse of the lram. The pe�itioners seek to now add a 4 guest bedroom, within tbe exa�sting r�i�iai�e,to ti�e inn use. They also seek to demolish and rebuild the barn. The new barn,on the same foo�prurt and of the same design, would cor�tain the petitioner's personal work area (she is an artist)on the second floor. The first floor woitld contaiitt a living room ami�(so to spealc)to be used by the petitioner's family and occasionally by guests. The petitioner represe�rts that there is a growing marke� for theme groups to stay at itms, like quilters or scrap book clubs, and that these groups need la.rger areas within which to gather and work. Tl�barn coiild offer such an area. The prop�sed 4`�inn guest room will be located at the reaz of the house. In fact,it already exists and has been rerrted for several years, without perniission and contrary to the limitations of the earlier Special Permit. As a result of the new room,an additianal parkin8 space would be needed,and it is shown on the petitioner's site plan as space#7. The petitioner wishes to allow it,like the rest of the parking,to remain unpaved. Several neighbors spalce in favor of and in opposition to the proposal. The principal objections centered on the bam a�l its praposed uses. The Board was advised that, while the petitioner did secure a Certificate of Appro�riateness from the Old Kings Highway Committee for the demolitian of the old bara,a neighborhood appeal to the Regional Commission has since been filed. The Board members agree thai the Commission's hearing would be the apprc�riate fonun to address the concerns for the viability of the existing barn and the appro�riate�ess of its r�lacement. However,concems were also expressed for the over commercialization of the site by expanding the business irno the barn, and for the expansion of the parking facilities and the resulting headlights of vehicles b�hering the easterly abutting residence. 1 The Board members find that the proposed�pansion of the fourth inn geiest room could be done,without causing any undue nuisance,hazard or congestion. However,the petitioner was cautioned that this Board could not relieve her of her obligation to assure that all ather permits and inspections are obtained or modified, including a lniilding permit and Certificate of Inspection aad Heatth Department's Inn Keepers license and septic system conformity. It will rema.in the petitioner's obligation to secure a11 other necessary approvals. The Board also agreed that it was apProPriate to allow the additional P�S SP�,as Pr�osed,and that it also be gravel or pea stone,provided additional visual s�reening were added between it and the existing spaces and the residertial abutters. As for the barn, the Board found that its replaceme�t, at� same location with the same style of barn caild be done. However, its uses were of greater concern. It appeared to the Board members that the growth of the Inn business in the h�se was pushi.ng the resideirts out in to the barn, for their living quarters. This would be contrary to the intern a�i purpose of a Bed and Brealcfast, i.e. to maintain the character of the home, boih in and cxrt, as primarity a single-fa�nily residence, with rooms for rent. In addition, the growth of the offered services and facilities to �e bam would be samewhat incompatible with the Bed and Brealcfast t}�me of mixing the guest use urto the single-family home. Finally,the pecitioner asked to withdraw so much of the original petition as related to a request to expand the meals service available to guests,beyond br�ast now allowed. AccordinglY, a motion was made by Mr. Igoe, seconded by Mr. Richards,to grairt tl�Special Permit and Variance to allow: 1) The replacement af the barn structure,as proposed and shown on the plans filed with the Board, (and subject to the final approval thereof by the Old Kings Highway Commission); 2) The amendme�t of the prior Special Pernut to allow the number of guest rooms to be increased to four(4),as propased; 3) To allow�e 7�' pa�lcing space, as proposed, to be gravel or pea stone, provided the petitioner plant and maintain a second row of arborvitae trces between the entire row of parking spaces (the eausting spaces plus the new space) and the easterly lot line, no� less then 4 feet tall at pla�ng,to form a dense and effedive visual screen; 4) To allow withdrawal of the request for additional meal services for the guests of the Inn. Tfie members vated unanimously in favor of this motion. A second motion was made by Mr. Igce, seconded by Mr.DeYoung,to allow the bam to be used and operated only as follows: 1) The second floor may be finished and heated to provide a work space for the petitioner for her personal art work. However,this is nat to be used for shows,sales,or guest activities etc.; 2) The first floor of the barn shall be unfinished and unheaied, and limited to storage uses with no guest activities or functions. There may not be any bathroom in the building, but it may have a water spicket for a hose. The Inn business and the Inn's guest services may nat be expanded'urto any portion of the barn,nor may it otherwise become an addition of living area for the fainily. It is to remain a lr�m, widi the e�ception of the second floar art work room for the petitioner's personal nai-commercial use. In this motion the members voted unanimously in favor. 2 ' No permit shail issue unti120 days from the filing of this decision with the Town Clerk. Appeais from this d�isi�sha11 be made pursuant ta MGL c40A section 17 aixi must be filed within 20 days after filing of this n�aiceldecision with the Town Clerk. Unle.ss otherwise provided herein, the Special Pemut shall lapse if a substantial use thereof has no�begun within 24 months. (See bylaw �103.2.5, MGL c40A �9) Unless othervvise provided herein, a Variazic� shall lapse if the rights authorized herein are nat excised within nths.(See MGL c40A §10) David S.Reid, Clerk 3