HomeMy WebLinkAbout79 White Rock Road Decisions 1958-2014 i
-01k COMMONWEALTH OF MASSACHUSETTS
wi
) TOWN OF YARMOUTH
BOARD OF APPEALS
Appeal#4508 Date: April 21,2014
Certificate of Granting of a Special Permit
(General Laws Chapter 40A,section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a
Special Permit has been granted to:
Wingate-Kirkland Operating LLC,d/b/a Camp Wingate-Kirkland
79 White Rock Road
YarmouthPort,MA
Affecting the rights of the owner with respect to land or buildings at: 79 White Rock Road,
YarmouthPort. Map &Lot#: 0115.233.1.1; Zoning District: R-40; Book/Page: 18997/340 and
the said Board of Appeals further certifies that the decision attached hereto is a true and correct
copy of its decision granting said Special Permit,and that copies of said decision,and of all
plans referred to in the decision,have been filed.
The Board of Appeals also calls to the attention of the owner or applicant that General
Laws, Chapter 40A, Section 11 (last paragraph) and Section 13, provides that no Special Permit,
or any extension, modification or renewal thereof, shall take effect until a copy of the decision
bearing the certification of the Town Clerk that twenty (20) days have elapsed after the decision
has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal
has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the
county and district in which the land is located and indexed in the grantor index under the name
of the owner of record or is recorded and noted on the owner's certificate of title. The fee for
such recording or registering shall be paid by the owner or applicant.
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Steven DeYoung, Ch ' man
TOWN OF YARMOUTH
Z; Town
i,,, i, 1146 ROUTE 28, SOUTH YARMOUTH,MASSACHUSETTS 02664-4451 Clerk
Telephone(508)398-2231 Ext. 1285,Fax(508)398-0836
CERTIFICATION OF TOWN CLERK
I, Jane E. Hibbert, Town Clerk,Town of Yarmouth, do hereby certify that 20 days have elapsed
since the filing with me of the above Board of Appeals Decision#4508 that no notice of appeal
of said decision has been filed with me, or, if such appeal has been filed it has been dismissed or
denied. All appeals have been exhausted.
l `
•
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'J. : , ' iibbert, CMC/CMMC
•4Clerk:
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BARNSTABLE REGISTRY OF DEEDS
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TOWN OF YARMOUTH
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0 - -tip BOARD OF APPEALS
� .t: , DECISION
•
FILED WITH TOWN CLERK: March 31,2014
PETITION NO: #4508
HEARING DATE: March 13,2014
PETITIONER: Wingate-Kirkland Operating LLC,d/b/a Camp Wingate-Kirkland
PROPERTY: 79 White Rock Road,YarmouthPort,MA
Map & Lot#: 0115.233.1.1; Zoning District: R-40
Book/Page: 18997/340
MEMBERS PRESENT AND VOTING: Steven DcYoung, Chairman,Debra Martin,Bryant
Palmer,Chuck Hart and Doug Campbell.
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of
property as required by law, and to the public by posting notice of the hearing and publishing in The
Register,the hearing opened and held on the date stated above.
The Petitioner appeared represented by William Rubenstein and Chris Berardi in conjunction with
requested relief for approval of a "Welcome Center" which was already erected to replace a prior
structure on a non-conforming lot. Noteworthy, the Petitioner erected the structure, on a footprint
larger than that which was being replaced and then sought relief.
While the relief sought was generally benign and created no undue hazard, nuisance or congestion nor
substantial detriment to the existing or future character of the neighborhood or Town, the Petitioner
was admonished that its mistake in this instance might be easily resolved while similar actions in the
future would not be so easily tolerated. The Petitioner suggested that a procedure be allowed to
facilitate obtaining prompt authorization should a similar need arise (as it was a "camp for children"
which has a short season). This suggestion was resoundingly rejected. This Petitioner is no different
than any other person/entity needing zoning relief and its representatives were admonished to comply
with proper procedures going forward or run the risk of being denied any relief sought and having to
remove any offending structure.
I
•
Mr. Hart moved and Mr.Palmer seconded the approval of the Petition on the following conditions:
1) That Petitioner obtain all necessary permits (building,electrical,etc.)
and that all aspects of the new structure be inspected to assure conformity
with MA laws and CMR's. On this Motion,the Board voted unanimously in
favor.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This decision
must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. 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,MGL c40A
§9)
Steven DeYoung, Chairm •
2
oF►Y,q� COMMONWEALTH OF MASSACHUSETTS
'A. - o- '�' TOWN OF YARMOUTH
o � - +_=-C. BOARD OF APPEALS
Appeal#4292 Date: April 14,2010
Certificate of Granting of a Special Permit
(General Laws Chapter 40A,section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a
Special Permit has been granted to:
Wingate Kirkland Operating LLC d/b/a Camp Wingate*Kirkland
79 White Rock Road
YarmouthPort, MA
Affecting the rights of the owner with respect to land or buildings at 79 White Rock Road,
YarmouthPort, MA. Zoning District: R40; Map & Lot #0115.233.1.1; Book & Page:
18997/340 and the said Board of Appeals further certifies that the decision attached hereto is a
true and correct copy of its decision granting said Special Permit, and that copies of said
decision,and of all plans referred to in the decision, have been filed.
The Board of Appeals also calls to the attention of the owner or applicant that General
Laws, Chapter 40A, Section 11 (last paragraph)and Section 13,provides that no Special Permit,
or any extension, modification or renewal thereof, shall take effect until a copy of the decision
bearing the certification of the Town Clerk that twenty (20)days have elapsed after the decision
has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal
has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the
county and district in which the land is located and indexed in the grantor index under the name
of the owner of record or is recorded and noted on the owner's certificate of title. The fee for
such recording or registering shall be paid by the owner or applicant.
Bic),
Steven eYoung, Cle
•
•
rt:; TOWN OF YARMOUTH
' i. g` Town
` .., =; Clerk
`:i 1 146 ROUTE 28,SOUTH YARMOUTH,MASSACHUSETTS 02664-4451
Telephone(508)398-2231 Ext. 1285,Fax(508)398-0836
CERTIFICATION OF TOWN CLERK
I,Jane E. Hibbert, Town Clerk,Town of Yarmouth,do hereby certify that 20 days have elapsed
since the filing with me of the above Board of Appeals decision #4292 and that no notice of
appeal of said decision has been filed with me, or, if such appeal has been filed it has been
dismissed or denied.
.
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,(611.4%
. J e E.Hibbert, CMC/CMMC
• Town Clerk
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hArir TOWN OF YARMOUTH
BOARD OF APPEALS
"'0. — = `j DECISION
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FILED WITH TOWN CLERK: March 26,2010 FT1 r Q
PETITION NO: #4292 117
•-;
HEARING DATE: March 25,2010 1 s
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PETITIONER: Wingate Kirkland Operating,LLC d/b/a Camp Wingate*Kirklandw�r\
PROPERTY: 79 White Rock Road,YarmouthPort
Map&Parcel: 0115.233.1;Zoning District: R40
Book&Page: 18997/340
MEMBERS PRESENT AND VOTING: Steven DeYoung,Chairman,Debra Martin,Joe
Sarnosky,Robert Howard and Bryant Palmer.
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of
property as required by law, and to the public by posting notice of the hearing and publishing in The
Register,the hearing opened and held on the date stated above.
The Petitioner is Wingate Kirkland Operating,LLC d/b/a Camp Wingate Kirkland regarding
property in the zoning district R-40 located at 79 White Rock Road, Yarmouth Port,
Massachusetts. The subject property is a"Recreational Camp"which operates principally
• between the dates of June 1 and September 30. The property is enhanced by multiple camp-like
cottages. It has been the subject of prior zoning relief.
•
The Petition seeks relief pursuant to zoning bylaw§104.3.2 and use table §202.5 for the
construction of one new building to be utilized for employee housing. The Petition sought relief
in the alternative for grant of a Special Permit or Variance. The Petitioner,through its
representative, Eliza Cox,requested the withdrawal,without prejudice,of its request for relief by
Variance. On Motion made by Mr. Palmer, seconded by Ms. Martin, the Board unanimously
allowed the withdrawal of the request for Variance without prejudice to the Petitioner.
The hearing on this matter extended over two meetings,02/11/10 and 03/25/10. During the initial
hearings,there was noted opposition by Pearl Wolfson and Marilyn Monroe. Ms. Wolfson was
the former camp owner and both parties are abutters to the subject property. In addition to Ms.
Cox speaking in favor of the Petition was Phillip Miller,the anticipated builder of the proposed
project,along with Mr. Silverman who was both an abutter to the property and one of the
Petitioner's employees.
There was substantial discussion regarding the concerns as to the ultimate use of the proposed
construction and other ancillary issues of concern to Board Members. These issues, raised at the
time of hearing on 02/11/10,were responded to by the Petitioner's representative and owners of
the camp,Mr. and Mrs. Rubenstein. Their response was provided at the further hearing on
03/25/10.
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•
Submitted at time of hearing were five exhibits duly-noted and received into the record as
follows:
1. Letter of Attorney Eliza Cox dated 03/23/10;
2. Proposed conditions to a grant for Special Permit;
3. Letter of Bruce Murphy;
4. Floor plan from Fine Line Design(undated); and,
5. Site plan of the proposed construction.
Various Board Members expressed reservations and concerns about the use of the proposed
dwelling to be constructed, both during the original hearing on 02/11/10 and the continued
hearing on 03/25/10. These concerns were, in part,abated by Ms. Wolfson's change from
opposition to the Petition to an acknowledgement that she was now neutral on the requested
relief. Ms. Munroe's opposition was unchanged. However,considering the substantial acreage at
this site and the need specifically for employee housing, it was determined by the Board that the
petitioned relief met the criteria for a grant of Special Permit in that it caused no undue nuisance,
hazard or congestion nor substantial harm to the established or future character of the
neighborhood or Town. Moreover,the Board's concerns were clearly addressed by the
Petitioner's suggested conditions as to the grant of the Permit,the information provided by Mr.
Murphy and the other information received during the course of the hearing.
Therefore,on Motion made by Ms.Martin,seconded by Mr. Palmer,it was unanimously voted to
grant the Special Permit pursuant to zoning bylaw§104.3.4 and Use Table §202.5 for the
- construction of one dwelling unit to be utilized for employee housing and subject to the following
• conditions:
1. The structure shall be used in conjunction with the Camp Wingate * Kirkland
Operations and shall not be considered a primary use of the property. At all times,
the structure shall be used as part of the Camp facilities and shall not be leased,
rented or occupied by persons who do not own or work for the Camp.
Specifically,the following persons(and their immediate family)may be housed in
the structure: Camp Head Chef,Camp Owner, Camp Maintenance Staff, Camp
Caretaker,Camp Director, Camp Nurse and Senior Camp Counselors; and,
2. There shall not be more than four(4)persons residing in the structure.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This decision must
be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. 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,MGL c40A §9)
•
Steven De Dung, Chairma
2
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F�irq COMMONWEALTH OF MASSACHUSETTS
°. TOWN OF YARMOUTH
1 "TI G BOARD OF APPEALS
Y F 6:.
♦,r4CMEt
Appeal#4186 Date: June 3, 2008
Certificate of Granting of a Special Permit
(General Laws Chapter 40A,section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a
Special Permit has been granted to:
Wingate Kirkland Operating,LLC
79 White Rock Road
Yarmouthport,MA 02675
Affecting the rights of the owner with respect to land or buildings at: 79 White Rock Road,
Yarmouth Port. Zoning District: R25; Map & Lot#: 0115.233.1.1, Registry of Deeds Book
& Page:# 18997/340 and the said Board of Appeals further certifies that the decision attached
hereto is a true and correct copy of its decision granting said Special Permit, and that copies of
said decision, and of all plans referred to in the decision,have been filed.
The Board of Appeals also calls to the attention of the owner or applicant that General
Laws, Chapter 40A, Section 11 (last paragraph) and Section 13,provides that no Special Permit,
or any extension, modification or renewal thereof, shall take effect until a copy of the decision .
• bearing the certification of the Town Clerk that twenty (20) days have elapsed after the decision
has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal
has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the
county and district in which the land is located and indexed in the grantor index under the name
of the owner of record or is recorded and noted on the owner's certificate of title. The fee for
such recor ing or registering shall be paid by the owner or applicant.
4 .
David S.Reid, Clerk
r
•
•
cr_ TOWN OF YARMOUTH
gTown
i Clerk
�EiE 1146 ROUTE 28, SOUTH YARMOUTH,MASSACHUSETTS 02664-4451
Telephone(508)398-2231 Ext.285,Fax(508)398-0836
CERTIFICATION OF TOWN CLERK
I,Jane E. Hibbert, Town Clerk,Town of Yarmouth,do hereby certify that 20 days have elapsed
since the filing with me of the above Board of Appeals decision #4186 and that no notice of
appeal of said decision has been filed with me, or, if such appeal has been filed it has been
dismissed or denied.
‘-171,0 l 74111)-j-
.
J e E.Hibbert, CMC/CMMC
Town Clerk
; ; k':rQ TOWN OF YARMOUTH
o � BOARD OF APPEALS YARMVi`3:!TH
� ti. DECISION TO\ ,?.; - fAK
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FILED WITH TOWN CLERK: May 13,2008 I t EC E_ v E D
PETITION NO: #4186
HEARING DATE: May 8,2008
PETITIONER: Wingate Kirkland Operating,LLC dba Camp Wingate*Kirkland
PROPERTY: 79 White Rock Road,Yarmouthport
Map &Parcel: 0115.233.1.1; Zoning District: R40-APD
Registry of Deeds Book& Page: 18997/340
MEMBERS PRESENT AND VOTING: David S.Reid,Chairman,Joseph Sarnosly, Scan Igoe
Renie Hamman and Steven DcYoung.
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of
property as required by law, and to the public by posting notice of the hearing and publishing in The
Register,the hearing opened and held on the date stated above.
The petitioner seeks a Special Permit or Variance in order to replace three (3) non-residential buildings,
within this large boys and girls camp, with one larger building in substantially the same location on the
site.
The site contains approximately 35 acres of land. It has, for approximately 50 years, according to the
petitioner,been operated as a summer camp. The three (3)buildings in question at this time are shown on
the petitioners' Site Plan by Down Cape Engineering, dated April 1, 2008, (2 sheets), and the elevation of
the proposed replacement structure, are shown on a set of plans entitled "Building Isometric Views", by
Northeast Timber Frames, dated April 5, 2008, Sheets 1 of 8, 2 of 8, and 8 of 8, and a floor plan labeled 6
of 8.
The current buildings have a footprint area of approximately 1,500 square feet and house a variety of arts
and crafts facilities. The new building will have a footprint, with porch areas, of approximately 3,500
square feet, and will have the same arts and crafts functions. No residences (campers' sleeping quarters)
will be housed within the structure. The proposed kiln will be electric fueled. All chemicals and materials
will be similar to those currently housed at the existing buildings, and will be properly contained, stored
and handled,in compliance with applicable Health Department regulations and procedures.
The petitioner has met with the Health Officer and will secure and maintain a license from the Department
for the registration, handling and storage of all potentially hazardous material. All materials will be stored
in appropriate containment vessels and areas to assure no threat to the aquifer (in the Aquifer Protection
District).
The Board finds that the existing use is non-conforming and the existing buildings are similarly non-
conforming due to their use. The Board finds that the proposed replacement may be achieved with the
grant of a Special Permit, and that the request for a Variance is unnecessary provided the Special Permit is
granted.
1
f
A motion was made by Mr. Igoe, seconded by Mr. DeYoung, to grant so much of the petition as request a
Special Permit, per bylaw §104.3.2, paragraph 3 & 4, to allow the replacement of the existing three (3)
buildings with the proposed single building, as shown on the plans filed with the Board, and to allow the
expansion of the use, to the extent that the useable spaces of the building is increased, on the condition
that:
1) The petitioner conform to the Health Department licensing and regulatory requirements relative to
• the handling and storage of any potentially hazardous materials,and
2) That the replacement building be used solely as an art barn, (arts &crafts activities), as proposed,
and not contain any residential facilities.
The members voted unanimously in favor of the motion to grant the Special Permit. A second motion was
made by Mr. DeYoung, seconded by Mrs. Hamman, to allow the withdrawal, without prejudice, the
balance of the petition. 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)
4 '0
David S.Reid,Clerk
•
• •
TOWN OF YARMOUTH
.�� R BOARD OF APPEALS
• 0 DECISION
O - + y' {�n
1.1C' MA7T „ CS •� R r. 1 FIN tr
Az O fcd:•
FILED WITH TOWN CLERK: March 7,2000 .� I11'tfi —7 NI i 410
PETITION NO: #3591 C
1 NN CL�riti �a ?REA`.4 i
HEARING DATE: February 24, 2000
PETITIONER: James Wolfson dba Camp Wingate Kirkland
PROPERTY: 79 White Rock Road,Yarmouthport
Map: 106, Parcel: 233.1 (94/D1) Zoning District: R40
MEMBERS PRESENT AND VOTING: David Reid, Chairman, James Robertson,
Richard St. George, Diane Moudouris, Robert Reed, Sean Igoe, alternate.
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's propose to enlarge their parking area, construct four(4) new camper-cabins, and
change the use of the existing building within the camp grounds. The site contains in excess of 40
acres, in the R40 zone, and contains a seasonal camp ground business.
The four new cabins will contain sleeping areas and bathroom facilities for campers, but no
kitchens or heating. They will be used only seasonally by campers and staff. They will be located
over 300' from the nearest lot line. While each cabin is capable of housing 15 campers, past
experience indicates an average occupancy of 8 campers plus two staff members (chaperones).
The existing "annex" building contains offices, the nurse's quarters, and room for approximately
20 campers. The campers quarters will be eliminated, and the office and nurse's facilities will be
enlarged. The parking area will be expanded to add 16 new gravel spaces, in order to help
accommodate parents vehicles on visiting days.
The camp currently caters to children ranging from 7-15 years of age. The camp cycle is 7 weeks
long, operating principally between June 20 and August 15. Smaller and more select groups have
used the facilities before and after the prime summer season, such as band camps and football
camps. The camp has been operated at this location by the same family for the past 44 years.
Some neighbors voiced concern for the camp operations in general. Most notable were concerns
for parking of vehicles on White Rock Road, and for off premise activities, including drinking by
its staff (apparently). The petitioner indicated that the parking problem has been on parents
visiting day only, and that the new parking lot would hopefully alleviate the problem. The
-1-
petitioner had no knowledge of the other problem, but represented that the camp's administration
• has a strict prohibition on any alcohol being kept or consumed by staff or guests during youth
camp periods.
Upon examination of the bylaw's "Use Table", §202.5, it was apparent that there is no use
category for such seasonal campgrounds. The site plan review team, using the Industrial
CIassification Manual, determined that the only category which fit was "motel/hotel" use, A7,
which is not allowed in the R40 zone. However, some Board members felt that this was an
inappropriate, even if technically correct, classification. A children's camp ground like this is
fundamentally different from the uses and businesses intended to be prohibited by the non-
allowance for motels and hotels. Furthermore, the site is over 40 acres in area, the buildings are
amply removed from the boundary lines of the site, and from any other dwellings in the
neighborhood. The net increased capacity of the camp will be marginal, not likely to generate any
increased detrimental impact on the neighborhood. Given the relatively unique nature of the use,
and the substantial size of the site, the Board does find that special circumstances exist which
would allow the construction of these new buildings, and the corresponding increase and re-
allocation of the use and activities, without derogation from the intent or purpose of the bylaw,
and without being detrimental to the neighborhood or town generally.
Accordingly, a motion was made by Mr. Robertson, seconded by Mr. St. George to grant the
Variance for the construction of the four new bunk-house buildings, and the Special Permit for
the rearrangement of the use of the annex building, and for the expansion of the camp ground use,
as requested, and for the expansion of the gravel parking area, on the condition that;
1) the so called annex building no longer be used for camper quarters(although the
nurse's quarters and patient services may remain,
2) no alcoholic beverages be allowed on the premises during time when the camp
is operating with children under 21 years of age in residence. (This would not
prohibit alcohol on premises during other times, such as wedding receptions, etc, if
otherwise lawful).
The members voted unanimously in favor of the motion.
Appeals from this decision shall be made pursuant to MGL c40A §17 and must be filed within 20
days after the filing of this notice/decision with the Town Clerk.
David S. Reid, Clerk
-2-
TOWN OF YARMOUTH
BOARD OF APPEALS
41,-4 C;, DECISION
+O . 1
•� MATTA M LS J�
�4MipniLod �
FILED WITH TOWN CLERK: February 9, 2000
PETITION NO: #3584
HEARING DATE: January 27, 2000
PETITIONER: James Wolfson dba Camp Wingate Kirkland
PROPERTY: 79 White Rock Road, Yarmouthport
Map: 106, Parcel: 233.1 (94/D1 102/N1) Zoning District: R40
MEMBERS PRESENT AND VOTING: David Reid, Chairman, James Robertson, Joseph
Sarnosky, Diane Moudouris, Robert Reed.
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 per §104.3.2, to expand its existing camp ground use, by
adding four (4) additional bunk-houses, and parking, and by changing the use of an existing
building to utilize more of its space for office and other common uses. The property is located in
the R40 zone, where the camp ground use is not allowed. However, as the record of prior relief
for this site documents, the use was originally allowed by Special Permit, issued in 1962.
After a brief presentation, concerns were expressed by the Board that it could not, pursuant to
§104.3, allow the construction of new buildings to house the expansion of a non-conforming use.
It appears that the petitioner would need a Variance to utilize new buildings for the non-
conforming use, even though they appear to conform to current dimensional requirements.
The petitioner requested permission to withdraw this petition so that they might reapply for a
Variance, as well as a Special Permit under §104.3.2 for the expansion of the "use" itself.
Mr. Robertson made a motion to allow the request to withdraw out prejudice, and Mrs.
Moudouris seconded the motion which passed unanimously in favor.
Appeals from this decision shall be made pursuant to MGL c40A §17 and must be filed within 20
days after\the filing of this notice/decision with the Town Clerk.
David S. Reid, Clerk
-1-
TOWN OF YARMOUTH
BOARD OF APPEALS
Filed with Town Clerk: Hearing Date:3/22/79
APR 1 .7 '1979 Petition ? 1554
Petitioner: Joel M. Wolfson, d/b/a Camp Wingate off White Rock Road,
Yarmouth, Mass.
DECISION
14" 79 10j� ..
The petitioner requested permit to: construction of Lodge six at Camp
Wingate, property located off White Rock Road, Yarmouth, Mass. , shown on
Assessors map No. 102-N1.
Members of Board of Appeals present: Thomas N. George, Robert W. Sherman,
Donald F. Henderson, David Oman, Herbert Renkainen
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 Times on 3/7/79 and 3/14/79
the hearing was opened and held on the date first above written.
The following appeared in favor of the petition:
Genevieve Ryder
' Petitioner •
A. O'Brien
The following appeared in opposition:
None
Reason for decision: This is an extension of a non-conforming use. This
approval is required under the by-law. This approval would not further
detract from the neighborhood. There is adequate space here for the con-
struction of this lodge and would not affect any of the neighborhood as
it would not be visable from the street.
Members of Board voting: Thomas N. George, Robert W. Sherman, Donald F.
Henderson, David Oman, Herbert Renkainen
Therefore, the Petition for Approval is granted.
And we authorize a variance to: Same as above
No permit issued until 20 days from date of filing decision with the Town
Clerk.
•
ROBERT W. SHERMAN
Clerk
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TOWN OF YARMOUTH iFEB 23 '79 PM •
BOARD OF APPEALS 12
OWNER: NAME: J O G L M. W O L FS O N A EALS`tj;
D‘b•A. CAMP WINGATE
ADDRESS: OFF WHITE ROCK ROAD ,,
YARMOUTH , M A• 02615 (,TEL.PETITIONER: NAME:
SAME AS A6oVE. �T.OWN OF YARMOUTH
ADDRESS: OWN CLERK & TREASURER
BOARD OF APPEALS, YARMOUTH, MASS.
This petition when completed and signed must be filed with the Board of Select-
men, Yarmouth, Massachusetts, along with the fee of $30.00.
DATE: �� p
PAID: .-F,jp, t)
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.
--; 2. Approval of the Board of Appeals.
--ay 3. A special permit from the Board of Appeals.
To allow:
CONSTRUc.TtoN OF LoDGE SIX AT CAMP WUNGArE,
PROPE.Rr( LoCATED oFF Wrl(TC Rock ROAD, •I'ARMoLTf•(
SHoW N ON ASSE. o�S' MAP LO2 - N L
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: (2.11.16)
I. 195 - 23oo - REC@EATLO JI L - C-5
2.
Names and addresses of abutting property owners, and those persons deemed
affected by this application. (At least three.) ,,/
SignedJ. !�(J
spectfully submi ted
Tho following appoarod in opposition:
none
• :won for Dec eion:
•
Ilmbers of Board voting: Pdd w- T &I e /e,Q In favor
/d4e0t5z s 4410 In favor
/apex C41±O In favor
sp(4,eiZ In favor
/?4PRo(c( /14yes C1 i//rM,lat/ In favor
Thoroforo, the Petition for Approval is wanted
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and xe-auiior -a-variant o--Lb:---
on the following conditions, viz:
Ido permit issued until 15 days from date of daciaion.
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petition for ap rov;.:3. of the Board of
• :' Appeals to allow Lots 1 , 2, 3, 4, & 5 of Whiterock Acres,
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a total of 23.9 •acre_s; .and'.,Lot .6, a .total of. 20 acres . to be`used.sas:;8' �;,�-"•
a.•boys or girls camp. . ; �,+,
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The following appeared in opposition:
none
Reason for decision:
A plan of the land in question was presented to the Board . The plan
was entitled "Plan of Land in Yarmouth, Mass . , for Richard J. Anderson,
Thomas E. Kelley, Surveyor, Dennis , Mass . " Said plan was dated November,
1962.
It appeared at the hearing that the land was ideally suited for a boys '
or girls 'camp, and the petitioner stated that he intended to utilize the
premises for a girls' camp. It also appeared that the petitioner had
ample experience in running a camp and was the owner and operator of
a boys ' camp known as Camp Kirkland , which is located off of North Main
Street in South Yarmouth.
There appeared to be ample property for development at the camp, and
there was no evidence presented that the proposed use would in any way
interfere with other use in the vicinity .
It also appeared that the petitioner ' s camp in South Yarmouth was
well managed and as asset to the community.
In_ view of the fact that our zoning by- laws allow MO a boys ' or
girls ' camp in a residential area with the approval of this Board , the
Board was of the unanimous opinion that the land was ideally suited for
this type of an endeavor.
The Board , therefore, approves the request as submitted .
...a car.lW On for Approval is granted
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and -$mbhorize-e-ver mne-lx i---
cn the following conditions, viz:
No permit issued until 15 days from date of decision.
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TOWN OF YARMOUTH
BOARD OF APPEALS
Richard '.nderson
Appeal No. 14 35
October 2, 1958
etitioner recuosted aer, ission to allow the erection of an additional camp on a 21.E
acre lot situated on the northeast corner of I:lisha's Pond Yarmouth, Masue
ryas refused by the Inspector which
h Buildin Inspector because it is against the zoning by-laws.
Members of the Board present: Harold L. Hayes, Jr.
Albert .:ebb
3tuart Ryder
Paul T. iebber
Edward Rich, Jr,
The followin, appeared in favor of the :'petitioner:
The following an'oeared in opposition:
r. '-mustard
Harold Hayes: If the _petitioner is Present I .-culd like to hear what he has to sa ,.
Mr. ^.nderson: I haver 't very. much to say but T have 2L. acres of land and felt that I
could build two houses on that amount of proerty.
Harold Hayes: In other r ,...-.words you have another building: on the property is that right;
Mr. nderson: Yes, and I had a tall: 1.1th ;?i c l Tayor
�ror:ert�rand nut in roads and i+, ,r„� �7be _ he said I would have to sub-divide the
h^rdsi hjn for re to do that as I do not
intend to sell an-r lots or build anymore houses or ca -s on this property.
tr. uT tard:yQ 'e h ,.ra had this camp since 193L. and I wonder if hav'n^ another rental
niceas as it i. now.
Harold Hayes: You must reme::dher that _<r. "_nderson has 24 acres of land and he could cut
it up into LD or 50 house lots and rent everyone of thee".
Mr. Mustard: If the zoning by-laws SP'r he should sub-sivide I feel he should do as the
town says. If this building is allowed and he 'ants to sub-divide it later can it be
done.
Harold Ha- es: He can do that at any time.
Mr. Mustard: If he wants another cottage some time later could he come in for it.
Harold Hayes: If he came back agin he would ha,re to n:o to the Planning Board.
7u r. Mustard: You do have the zoning laws and I feel srou should abide by them.
TOWN OF YARMOUTH
BOARD OF APPEALS
Appeal No. 435 Page 2
Fr. Dastard is coat r ry; I went to be recorded as in on osition.
Harold Haves: If Mr. Anderson would like us to take this under advisement and he in
the meantime ;-eto this nro)erty settled we would be glad to do that.
.r. Anderson: How long would that take;
Mr. Hayes: If the Planning Board gave the O.Y. fcr the land to be divided into two
lots that would be it and Ir. Homer -mould issue the building permit immediately.
Fr. Mustard: I understand this buildinn has already been built.
Mr. Homer: That is right, but it cannot be finished for a dwelling until this is
settled. I have instructed Mr. nde son so,
''r. Heyes: if there are no further ^uesti.ons we will declare the hearin:; closed.
Yarmoutbport , Mass .
October 10th . 1958
Mr. Harold Hayes Ch.
Town Of Yarmouth,
Board Of Appea; s ,
S . Yarmouth, Mass.
Dear Mr. Hayes :
In accordance with your request I am notifying
you by letter that at this date I have had my property divided , a plan
made and have presented the plan to the planning board for their
approval which was granted .
I understand that I am to have a copy of the
plan recorded at Barnstable and then I believe I am eligible for the
building permit .
My thanks to you and the board for your kind
help and understanding.
very_ truly,
ru l y//,
! G r-c ee.t cC
Richard J. Anderson
October 17, 1958
Lewis & Robert M. mustard
502 Glen road
eston, Massachusetts
Gentlemen:
fail is bo advise you that petition #435 of
'ichard J. Anderson in which you were interested has
been withdrawn at t e request of .i r. Anderson.
hr. Anderson has notified the Board of Appeals
that he has had his ' ropert; divided and the plan has
been approved b the '1ok n of YarmouUl Planning Boar:.i.
e y truly yours,
Harold L. Mayes
Chairman
Board. of Appeals