HomeMy WebLinkAboutDecision #1782 10.08.1981TOWN OF YARMOUTH
BOARD OF APPEALS
Filed with Town Clerk:
Petitioner: St. David's Episcopal Church
199 Main St.
So.Yarmouth, Mass.
'Z,� - cJ_') DECISION
Hearing Date: 10/8/81
Petition No.: 1782
The petitioner requested a variance and/or a special permit from the Board of Appeals
to allow present parking lot to remain as is, due to sepcial use of facility and/or if
required to increase parking, wish to pave lot with blue stone in lieu of bituminous con-
crete. Property located at 199 Main St., S. Yarmouth, Mass., and shown on Assessors
map #45-Pll.
Members of Board of Appeals present: Donald Henderson, David Oman, Augustine Murphy,
Les 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 there-
by and that public notice of such hearing having been given by publication in the Yarmouth
Sun on 9/23/81 and 9/30/81, the hearing was opened and held on the date first above written.
The following appeared in favor of the petition: Peter Brown, Architect, for petitioners.
Frank Lloyd.
The following appeared in opposition: None.
Reasons for decision':
Petitioner presented a plan to the Board dated August 24, 1981, revised Sept. 2 and
Sept. 8, 1981. It was explained that the existing church facilities and proposed addition
would be used to capacity for very short periods of time, at infrequent intervals through-
out the year. Further, at any given time, a large percentage of the people on the premises
would be young children, attending christian education classes, who obviously would not be
driving their own cars.In view of this, it is only reasonable to waive the parking and loadin;
requirement of Section 3120 dealing with church auditoriums. In the Board's opinion, the
church has more than adequate parking provided for the maximum number of vehicles to be
expected on the premises even at times of peak useage of the church buildings. The Board
is satisfied that there is a genuine financial hardship, in that the church lacks funds
to comply literally with the by-law. The Board is also satisfied that literal compliance
is unnecessary in this case. No objection of any kind was expressed at the hearing, and the
Board is satisfied that the request would not be detrimental to the public good and that
there would be no derogation from the intent and purpose of the by-law. Further, should the
church wish to increase its parking area in the future, this Board grants a waiver, and
authorizes any such lot to be paved with blue stone rather than an impervious material.
Members of Board voting: Donald Henderson, David Oman, Les Campbell, Augustine Murphy.
All voted in favor of petitioner's request.
Therefore,the petition for variance and/or a special permit is granted as requested for
the above stated reasons.
No permit issued until 20 days from the date of filing the decision with the Town Clerk.
ROBERT W. SHERMAN, Clerk