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HomeMy WebLinkAboutDecision 393 )Z/&/56 TOWN OF YARMOUTH BOARD OF APPEALS No. 393 sirDECISION 3°2°M°M 7)7414 jiPt This is an lipprabfivmxdedisitaxnfcSelecunrtt N' refnsmzgcprrmat;Ix ') or • Petition for approval of: The Petitioner requested permit to allow a teq..z,QQ }•,.i.n...tbair...bui.l.d.i.ng...on..Main Street, South Yg.C.MQ,pth ...kl7awzl..as...the..Capt.a•i.n.ls/Hwiticatewas refused because Sdf&Xcg:twthe zoning bylaws, inctht..te5I•uize...t.he...appranal...of...the...Board...o.f...App•eal s unde.r...P.arag.r.aph...&..Se.ct.i.on..g Members of Board of Appeals present: Present Absent Harold L . Hayes, Jr. , Chairman Paul Weber Stuart Ryder Alex Catto Kenneth H. Studley • 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 that public notice of such hearing having been given by publication in the Cape Cod Standard Times on , the hearing was opened and held on the date first above written. The following appeared in favor of the Petition: Appeal: Mr. Lanza stated case Mrs. Lanza Mrs. Graham representing the South Yarmouth Library Mr. & Mrs . Joyce Mr. & Mrs. Eldredge Shaw Mrs . Paul Weber Mrs. O'Connor egi Reason for Decision: Continued from below Also the land and buildings opposite the Pet.ionerts . property, although used for residences, are likewise zoned for business. The Abutters appeared at the hearing and did not oppose the approval of the Board other than the Trustees of the Methodist Church who went on record as being opposed to any alcoholic license being granted . This Board is of TkacYonasftYxppraiectcMxopposiGttncrocthx>Pzeittnn Appealx the opinion that the public good will not be adversely affected and that the use requested will not be detrimental to the neighborhood . Reason for Decision: The Board of Appeals has authority, under Paragraph 8, Section g , to allow a tea room in a building existing at the time this by-law takes effect provided the building is not enlarged or substantially altered in appearance and no signs exceeding four square feet are dis- played . The Petioner informed the Board that all of the provisions of this Section would be complied with. The building in question is situ- ated just off of South Yarmouth Square which is a commercialized area. Members of Board Voting: (Continued above) Harold L. Hayes, Jr. , Chairman Paul Weber Stuart Ryder Alex Catto fill/ Kenneth H. Studley Therefore, the Petition for Approval is granted, A 5pegrc Ydhlii and we authorize a variance to ..111.9.W...a tea room A.t ..their bui„ld,iflg on MJ .a.. .treet, ..aout,J7,,,a',araogii,}},,,,,MasAfl known as the capt,aints House, which building ..S.hraLl..A9.t.. a...ell}.argg.Sj...RI:...a1.teCha. .A?:1-AAPP4ZaBgq...and which shat.}....c}.isplay no signs exceeding four square feet on the following conditions,viz: that..xtQ...a1.GohR.1.�c.k�s usxa9.�s...s>za1.1...he...s.e.rued. im.emi.s.e.s.. No permit issued until 15 days from date of decision. / 2 Cl)cis/al 1 Clerk ' TOWN OF YARMOUTH BOARD OF APPEALS Angelo Lanza Appeal No. 393 December 6, 1956. The petitioner requested permission to allow a tea room in their building on Main Street, South Yarmouth, Mass., known as the "Captain House" which was refused because contrary to the zoning by laws in • that it requires the approval of the Board of Appeals under Paragraph 8 Section g. Members of the Board present: Harold L. Hayes Jr Paul Webber H. Stuart Ryder Alexander Catto Kenneth H. Studley The following appeared in favor: 4 Mr. Lanza stated case Mrs. Lanza Mrs. Maxtone Graham, representing So. Yarmouth Library Mr. & Mrs. Joyce Mr. & Mrs. Eldredge Shaw Mrs. Paul Webber Mrs. O'Connor Harold Hayes: • I will call on the petitioner, but first I w illiead a letter from the South Yarmouth Methodist Church. Mr. Hayes read the letter. For everyone's information there was a veriance granted to Marion Wood for a gift shop. This is not a variance for Mr. Lanza, it is for the aproval of the Board of Appeals. Mr. Lanza: Well I want to serve meals from 5 to 10 o'clock the latest and I want to have an italian dinner to serve to my guests also to some people who may be looking for some kind of a dinner like that. The most I could accommodate would be about 15 or 25 people at one time. I have a guest house now and I have always run a nice one with respectable people and I can't see why this would be any detriment to the neighborhood. Mr. Hayes: I note that you are requesting this for your own use. You do not intend to sell it do you. Mrs. Lanza: We have no intention of selling it. I just want to say one thing. Everyone knows the type of guest house that I have been running and I wouldn't do anything to my property that would be detrimental to it. I. really think the type place we are planning to have would be an attraction to the Town of Yarmouth. Harold Hayes: Again I want to say that you are not asking for a variance, but merely for the approval of the Board. We must decide where business ends and residential starts. On your side of the street you are residential TOWN OF YARMOUTH BOARD OF APPEALS Angelo Lanza Appeal No. 393 December 6,. 1956 pge 2 and the other side of the stree is business. ' Mrs. Maxtone Grahams I am here to represent the South Yarmouth Library and we have absolutely no objection. When I applied for a license to run a restaurant in the River House it was denied, but I could have had a Tea Room as that was permissable. Harry Robinsons Mr. Lanza's. idea came before the committee the other night at a church meeting and they were half and half for and against. Of course their idea was that the first thing you know they will apply for . a liquor license' and go on from there. Of course the church would be very much against liquor of any sort. Mr. Hayes: I believe we have a statute in the Commonwealth that requires no liquor can be served within 300 feet of a church. . Mrs. O'Connor: I just want to say a few words. Mrs. Lanza is my daughter • and she and her husband have always run a very r este ctable guest house and I feel if they have a tea room it will be the same idea. Mr. Robinson • said something about people makirg noise on Sunday mornings. I wish he would have told my daughter, she would have done something about it at. once.. Mrs. Lansas As a matter of fact I know it won't happen this sumner,, but you know how people are when they are arriving or leaving. They forget that a church is right next door. Harold Hayes: If there are no further questions I will declare the hearing. closed. The Methodist Church SOUTH YARMOUTH, MASS. PARSONAGE: MAIN STREET December 5,1956. TELEPHONE: DENNIS-EXETER 8-8581 • Board of Appeals Town of Yarmouth South Yarmouth. Massachusetts Gentlemen: At a recent Official Board meeting of the South Yarmouth Methodist Church, in reply to a legal notice received • from your Board, it was VOTED: "That this Church, through its Official Board, go on record as being opposed to any liquor, beer, wine or • liquor with the tea room, if the variance is granted-- and go on record that the variance,if granted,go with the present owner and is not transferable. " Very truly yours, ^� / __i • CC4 l lel"L L.C.t� J) ) , I. 6:" ll.\.t1.C)�i Eunice M. Robinson, Clerk of the Official Board. ¶Mb f4 BOARD OF APPEALS YARMOUTH, MASS. This petition when completed and signed must be filed with the Board of Selectmen, Yarmouth, Mass. November lb 19 56 1. I WE hereby appeal from decision of the Building Inspector and petition your Board for a public hearing on the action checked below: • (1) Review refusal of Building Inspector to grant permit (2) Decision of Selectmen • 2. I WE hereby request the action checked below: (1) Variance from requirements of Yarmouth Zoning By-law si x (2) Approval of the Board of Appeals • (3) A Special Permit from the Board of Appeals le to allow: shown on the attached plan. 3. Reason for the Board of Appeals action as checked below: (1) Contrary to Zoning By-laws as follows: 1 2 3 (2) Approval of Board of Appeals, or Special Permit requested under the following section of Zoning By-law: Section 2 - Par 8 - Sec (g) To allow a tea room in our building on Main CS t. south Yarmouth mass, known as the Captain's House, which banding shall not be enlarged or altered in appearance and which shall display no signs exceeding four square feet which use is allowed with the approval of the Board of Appeals. Names and addressed of abutting property owners, and those persons deemed affected by this application (at least three) : • Respectfully submitted NameO��C�� Address Argo .o ; G