Decision 632 TOWN OF YARMOUTH
BOARD OF APPEALS _
Filed with Town Clerk: JUL 1 0 1963 Hearing Date: June 20, 1953
Petitioner: Automatic Washers Inc. Petition #632 DECISION
The
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The petitioner requested permit to allow the use us business poporty of Lot A
off Town Brook Road, West Yarmouth as shown on plans entitled Plan of-Land in
West Yarmouth, Mass as surveyed for the Town of Yarmouth July 28, 1950; and the
erection and use of a building an said lot to be 24' by 80' or smaller if the
petitioner wishes, to be used as a sales showroom, storage warehouse and repair.
fcmbers of Board of Appeals present:
Harold L. Hayes Jr. - Chairman H. Stuart Ryder .
Alexander Catto Kenneth H. Studley - Clerk
Elwin Coombs
It appearing that notice of said hearing has been given by pending notice there
of the tho petitoner and all those owners of property deemed by the Board to be
affiliated thereby, and that public notice of such hearing having been given by
publication in The Cape Cod Standard Times on 5/30 & 6/6/63, the hearing was
opened and held on the date first above written.
The.following appeared in favor of the petition:
Atty. Barry Kane representing Automatic Washers
The following appeardd in opposition: •
Atty. A. Harold Castonguay representing the Town of Yarmouth.
Reason for Decision: It appeared at the hearing that the petitioner desires k
variance on a parcel of land shown as Parcel A off Town Brook Road as shown on a
plan of land ontitiled, "Plan of Land recorded in Book 101, Page 93, Barnstable
Deeds.
It appeared that the land in question was close to propaty being used for
commercial purposes. Pictures were intorduced illustrating the use of conti-
guous land. There was no evidence that the land was suitable Th residential
purposes nor that the building requested by the petitioner would not be in
keeping with existing use in the immediate vicinity.
It further appeared that the petitioners are doing business off Route 28,
200 Main Street, West Yarmouth, and that their business had expanded rapidly to
the point that their storage facilities were entirely inadequate. It appeared,
from the explanation of the petitioner's attorney, that the petitioner's present
business had expanded to the.point that additional facilities were required.
The Town of Yarmouth was represented by A. Harold Castonguay, Esquire who
stated he had made repeated requests to the petitioner at hie present location
shush is 200 Main Street, West Yarmouth, because of violations of an existing
Appeal Which was previously: granted by this Board. This board has requee%ed
the building inspector many times in the past to correct the violations that
exist at the petitioner's presentt location and specifically sets forth and take:
judicial notice of the feat that such violations have existed.
The matter concerning the present violations is currently in court and that
matter has not been fully or finally adjudicated.
This Board feels that the proposed location is an adequate location for the
erection of a building in accordance with the petitioner's request. The Board
finds that the land is unique and that a financial hardship would exist to the
petitioner were some relief not granted to him.
The Board also finds that the intent of the zoning by-law would be substan-
tially adhered to and the p- blio good would not be adversely affected by the
_tiding and the use thereof for the petitioner's business on the land that is
,he subject''of this hearing.
However, the Board does not feel that it has the right to determine that ,the
- property itself may be used for any type of endeavor. The Board feels that if.
the petitioner desires toleavo commercial vehicles at the property nob gabaged
_ that this is a reasonable use and that under the terms of this variance this
will be allowed. Howeverp at this now location the Board does nor feel and,. .
specifically states that it is a condition of this variance that outside atorag
of washing machines, rubbish, old or new appliances, shall not be stored on the
grounds.
The Board feels this should not be done anywhere in the Town of Yarmouth and
especially under the authority or license of any petition cg grant from this
Board of Appeals.
Further, due to the fact that the petitioner. through his attorney, at this.
' hearing has stated that the petitioner's business has expanded to the point the
the present facilities are inadequate and due to the fact that this Board takes
judicial notice of the fact that there has been repeated violations of conditic
imposed upon the petitioner by a prior grant from this Board, the Board imposes
as .a restriction and as a condition precedent to the granting of this variance
that there shall be no outside storage at the present location of the petitione
The Board is of the opinion that it is a necessary condition before this
Board can grant a variance to any person that the public good will not be ad-
versely affected. Therefore, the Board in considering the request before it in
this case finds that unless the outside storage at the present location is
immediately stopped that the public kgood will be adversely affected and that
here would be no right for the Board to grant relief sought by this petition.
• This Board clearly distinguishes between the relief granted in this case and
the relief granted in the prior petition bef re this Board and reference to the
prior location only in so far as it affects the petitioner's treason for applyin
! for a variance which is the subject of this hearing.
The Board desires to make thin very clear and that it in no way is pre-_
' judicing the petitioner because of its conduct kt the first location but the
Board does find that the requirements which aro necessary to grant.business
which has outgrown its present location and which requires some space at anothe
location for inside storage.
For this reason and reason only does the Board place as a condition of this
variance the requirement that there be no further outside storage at the jforme
location
Members of Board voting:
Harold L. Hayes Jr. - in favor . Elwin Coombs - no vote
Alexander Catto - in favor Kenneth H. Studley A in favor
H. Stuart Ryder - in favor
There fore the petition for approval is granted.
No permit issued fiutil 15 days from date of decision.
•
Kenneth H. Studley.
Clerk
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PLAN OF LAND IN WEST' YARMOUTH , MASS.
•
•"s. : • • FOR • •-
MORRIS •I. JOHNSON JR. •
FEBRUARY 8 , 1972 •
SCALE i r�=50'
. THOMAS E. KELLEY • .
:f, .': SURVEYOR •
.7. SOUTH YARMOUTH,MASS.
c4i4g ,,,,, •,?4,:.,, . ..-.....
— BEING A SUBDIVISION OF PARCEL A SHOWN ON .
A PLAN FOR THE TOWN OF YARMOUTH DATED.d•': :.•.•,:�,':%`r:,:',•'i "�r`''• JULY 28, 1950 BY CHASE,KELLY &SWEETSER,
;�, •r .,.: , s,•,•�..,. • ENGINEERS a SURVEYOR AND RECORDED IN .
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:;.•.:.j'''' PLAN BOOK 101 PAGE 93
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