Decision 2405 Recordedi
BOO9,5ta P. E 350 N O r4972
F
A N A r7'
THE COlMD1 yV .[.5'tc,OF-MASSACHUSEr9T C P , AL
N
YA 'rT N 0 T
A C or Torn A N
OFFICIAL OFFICIAL
BQA&D10FyAPPEALS COPY
Date: April 10 + 1987
Certificate of Granting of Variance or Special Permit
General Laws Chapter 40A,Section 11)
The Board of appeals of the City or Town of YARMOUTH
hereby certifies that a Variance or Special Permit has been granted
To Cape Cod Hos iral
Address 27 Park Street
City or Town Hyannis. Mn_07601
34, Bk.1549, Pg.226),
affecting the rights of the owner with respect to land or buildings at (#50, Bk. 3380,Pa.1991_—_
66 Bk, 644 Pg 207) (#78, Bk.314g, Pg.70) (#81, Bk. 1462, Pg. 656)
34,50, 6,78, and 81 Bayview Street, West Yarmouth, Massachusetts
And the said Board of Appeals further certifies that the decision attached hereto is a true and
correct copy of its decision granting said variance — special permit, and that copies of said
decision,and of all plans referred to in the decision, have been filed with the planning board and
the city or town clerk.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws,
Chapter 40A,Section 1 I (last paragraph) provides that no variance or special permit, or any ex-
tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the
certification of the town or city clerk that twenty days have elapsed after the decision has been
filed in the office of the city or 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.T fee for such recor- ,
ding or registering shall be paid by the owner or applica .
ha,rman Donald Henderson
BOOK
C AO.R. PAGE
fug\, IO94 MOeoc \.\a. . . .t,C r
T044 6 IfiRMOUTH 500h5666i' SE
O NTBOAROXAPPELS.
OFFCIALMAJt OFFICIAL
Filed with Town Clerk: Y HeaPin&Date Y2/26/87
Petitioner: Cape Cod HoslStal N 0 T PetitNllonOOT 2405
27 Park Street CFf V FQ AN
Hyannis, M 0Ib0IF Pt I A L, OFFICIAL
SIpo pa0:30
COPY
The petitioner requested a specs .• yli• o low acessory hospital uses inclusiveofstudenthousing, family car
4`!
5'•s 4 0e4tzrative offices, emergency medical
services and related uses. A `. • Rh.4'a tb §102.2.2 of the bylaw, if after
hearing the evidence, the Board of Appeals deems such necessary. As shown on
Assessor's Map#23, parcel A5; Map#23. parcel A3,B1, A10 R7.
Members of the Board of Appeals present: Donald Henderson, Leslie Campbell, Fritz
Lindquist, Richard Neitz, Richard Halverstadt.
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 inTheRegisteron2/17/87 and 2/19/87, the hearing was opened and held on the date
first above written.
The following appeared in favor of the petition: Michael Stusse, Attorney for the
petitioner.
The following appeared in opposition: Mr. & Mrs. Charles Odham.
REASON FOR DECISION
The petitioner, Cape Cod Hospital, has applied to the Board of Appeals for the
Special Permit to utilize properties located in Yarmouth in a residential district
for hospital purposes. The hospital has received similar zoning relief in the pastandthezoningbylaw, although changed several times over the years, still allows
hospital uses in a residential district upon a showing that the uses do not contradict
the criteria for the granting of a special permit.
Upon hearing all the evidence, the Board enters the following findings of fact; the
applicant is a nonprofit health care provider and is a hospital as that term is used
in Section 202.5.. Pa of the bylaw. The continued efficient operation of this
institution is vital to the Town of Yarmouth and surrounding communities.
The properties which are the subject of the instant appeal are proper candidates for
a Special Permit for the following reasons:
34 Bay View Avenue is used for a storage only and, therefore, operates no traffic
or congestion. 50 and 7B Bay View Avenue are used for housing medical students
and such a use is in keeping with the residential zoning district. 68 Bay View
Avenue is used for dispatching emergency vehicles and all activity is carried out
over a radio. No measurable impact upon the neighborhood is discernible from this
activity. Finally, 77 Bay View Avenue, the Barton House, is used for administration
and classrooms for hospital staff training. This use may be exempt under the zoning
bylaw as an educational use. However, this use dates back to the time that the
Barton House was used as a nursing school and as such may constitute a pre-existing
non-conforming use. Its use as office space and classrooms doPc not cause a nuisance
or generate hazards or congestion. Therefore, the Board finds that there wtil be no
substantial detriment to the character of the neighborhood.
1
i
1 2N O T B0o/5666wcE 352 NOT
A N AN
OFF ICIAL OFFICIAL
COPY COPY
Upon motion made and duly secon
O,#Twas voted to grant the pets ,pdnn S"
TT
stated
above for those properties enumer teti'and for the uses as stated n`2ac`fl.
OFFICIAL ICIAL
Members of Board voting: DonQd 9eniPeri$n, Leslie Campbell, FriCi iCinddui1t,
Richard Heitz, Richard Halverstadt.
Therefore, the petition is granted unanimously.
No permit issued until 20 days from date of filing decision with the Town Clerk.
Fritz Lindquist
it ' 1
BOOK I Clerk
as 'III PAGE
BOOK ___--___ Zo 70
s PAGE r- m
rn
94 Y ?3
s 23 '1r
N y
BOOK r
v 10 PAGE
i
i
NAONTBOU % 6, GE 353 NOTAN
Appeal n 24os OFFICIAL OFFICIAL
COPY COPY
Cape Cod Hospital
NOT NOT
CERTIFICATION OF THE TOWN CLERK AN AN
O F F I C I A L OFFICIAL
COPY COPY
I, Kathleen D. Johnson, Town Clerk, Town of Yarmouth do hereby certify that 20 days
have elapsed since the filing with me of the above Board of Appeals 1' 2405decision 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.
J,
Kathlpsh D. .le son
Town Clerk
t() •
RECCM APR 15 87