HomeMy WebLinkAbout2001 Oct 23 - Board of Appeals Decision - Petition #3714j
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
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FILED WITH TOWN CLERK: October 23, 2001
PETITION NO: #3714
HEARING DATE: October 11, 2001
PETITIONER: George N. Moustakas dba Pizzas By Evan
PROPERTY: 559 Route 6A, Yarmouthport
. Map: 124 Parcel: 77 (1111YI) Zoning District: B1
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MEMBERS PRESENT AND VOTING: David Reid, Chairman, John Richards, Joseph
Sarnosky, Diane Moudouris, Richard St. George.
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 permission to convert the existing second floor of this commercial structure
to an owner -occupied single family apartment. The property is located in the B1 zone, contains
approximately a half acre of area, and is improved with a two (2) story commercial building, used
for some time as a pizza restaurant. The current owners wish to reside on the second floor, above
the restaurant.
The prior owners had apparently undertaken alterations and occupancy of the second floor as two
rental units. The current proposal is for a single, two (2) bedroom apartment, to be occupied, at
least initially, by the proprietors of the restaurant.
It appears that there is ample parking on the site for the two uses. No exterior alterations are
proposed. The petitioners are aware of their need to satisfy the requirements of the Board of
Health for the septic system and for the rental unit itself.
No one spoke in opposition to the proposal.
The Board observed that in the buffer strip, especially along Weir Road and abutting the
residential property to the rear, several of the trees planted as buffers were either dead or
damaged. The petitioner agreed to replace these, by next spring. In accordance with the site plan
review recommendations, he will also re -coat the paved parking lot and then properly line the
parking spaces, including the handicapped spaces, so they are properly documented.
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The Board finds that the uses (residential unit,Al and the restaurant, H10) are allowed in the
zone. No physical expansion of the structure is proposed. No increases in the non -conforming
nature of the structure will result. The proposal will not cause or contribute to any undue
nuisance, hazard or congestion in the neighborhood. Undue hardship would result to the owner if
the bylaw were strictly enforced, since no other is use is realistically available for the second floor,
and the use itself is allowed.
Therefore, a motion was made by Mr. Sarnosky, seconded by Mr. St. George, to grant the relief
requested for a single family, two (2) bedroom unit, on the condition that the parking lot be re -
coated and lined and that the dead buffer trees be replaced, on or before June 1, 2002. The
members voted unanimously in favor of the motion.
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)
David S. Reid, Clerk
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