HomeMy WebLinkAbout2003 Dec 17 - Board of Appeals Decision - Petition #3863TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK:
PETITION NO. #3863
December 17, 2003
HEARING DATE: October 9, 2003 and December 11, 2003
PETITIONER: George N. Moustakas, dba Pizzas by Evan
PROPERTY: 559 Route 6A, Yarmouthport, MA
Map & Lot: 124.077 (72/Sl) Zoning District: Bl
7 Pli 12. 47
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DEC 1 8 2003
HEALTH DEBT
MEMBERS PRESENT AND VOTING: David Reid, Chairman, John Richards, Joseph
Sarnosky, Douglas Campbell.
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 notice of the hearing and published in The Register, the hearing was opened and held
on the date stated above.
The petitioner seeks a Special Permit, in order to be allowed to expand his pre-existing non-
conforming commercial/residential building in the B 1 zone. The property contains
approximately .54 acres of land. The building is situated, at its nearest point, only 15.7' from
Weir Road. It is a triangular corner lot.
The proposed addition would house a replacement walk -in -cooler for the pizza restaurant. It
would extend out 8.5', and would be 13' across. At its nearest point it would be 18.4' from the
road layout. There would also be an adjoining slab, to hold the compressor equipment, located
17.8' from the road.
At the request of the Board, the hearing was continued and the petitioner reevaluated the
proposal of keeping the new cooler within the building. He reported back that this was not
possible given the layout of the interior and the limited structural height of the first floor ceiling.
The proposed structure would be white clapboard finish, to blend into the design of the existing
structure. Its design, graphically shown on the petitioners computer generated "elevations", has
been approved of by the Old Kings Highway Committee. The existing door, under the front
porch, would be eliminated. The fact that the addition is jogged back from the front corner will
allow the petitioner to preserve and maintain the existing spruce (evergreen) tree at the corner.
The Board finds that the placement of the cooler within the building is not structurally feasible.
The proposed addition will not be closer to the Weir Road layout than the nearest corner of the
existing building. In addition, the road surface is considerably further into the layout. The
Board finds that the proposed addition may be done, without becoming substantially more
detrimental to the neighborhood, with certain conditions.
Accordingly, a motion was made by Mr. Igoe, seconded by Mr. Campbell, to grant the Special
Permit, as requested and as represented, on the further condition that evergreen shrubs be planted
and maintained on the Weir Road side of the addition and around the slab, to screen them from
view. The members voted unanimously in favor.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals
from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20
days after 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 § 103.2.5, MGL c40A §9) Unless otherwise provided herein, a Variance shall lapse if the
rights authorized herein are not excised within 12 months. (See MGL c40A § 10)
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David S. Reid, Clerk