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HomeMy WebLinkAbout789 609 Route 28 Decision 05.20.66 TOWN aFY: ROUTH BOARD OF APPFE D GJ ., � — OWNER: Kenneth T. and Marjorie N. Daly Filed with Totn Clerk: MAY 2 0 196E Rearin Date: April 21; 1966 Petitioner: TOO Enter~:r se Inc. Petition #789 7 A, Z- DEC ISION The petitioner requested permit to: alto: the business of automobile car Wash to be operated on premiss located on Route 28 oho= as parcel 2 on .,and Court Plan No. 19779-B. Members of Board of Appeals preSont: Darold Hayes, Manual DeTiborio, Howard Spurr,, Richard ShCrillall. Kenneth R. Studley. It appearing that notice of said hearing has been given by .-,,ending notice thereof to the petitioner and all those owners of property deemed by the Board to by affected thereby, and that public notice of such hearing having been given by publication in the Cape Cod Standard rimcz on Wi and t/iI//6 the hearing was opened and bold on the date first above written. The folio foliovrthg appeared in favor of the petition: Attorney nau1el Fern The follov2 appeared in opposition; Letters from « Kenneth, Perry and Josephine Perry, Joseph and Hazel tCidik. kttr y. WIC. Crotell representing Yir. and Hrs. Pritchard, $erg tnzn Keinerth, X . Richard Healy ReaLan for decision: Attorney Daniel Fern of Hyannis represented the petitioner. 14r. Fern ces n ct the parcel of land that was involved and was the subject matter of this hearing. The parcel of land is sham on assessors map as Parcel Q-2 (sheet 27) containing 1.26 acres. A plan MG submitted to this board designated "Sewage Disposal System" zi3alob, indicated the perimeter of the Proposed building as oll as the details for the se :erage system, There tore also elevations presented to the board designated "Proposed Car Wash-Coin OpCrated l2 Bag, West Ia mouth, Hass., for TOG Enterprises, Inc." The board requested that the petitioner erect a suitable fence along a portion of the east line and southerly line which would minimize axy lights existing inside the bags in the evening. Upon analysis of this petitions on, it appeared to this board that the property involved d was located in a. business area, and therefore under provisions of the zoning by-laws it was not necessary that a special permit be granted to the petitioner. This board was requested to render a decision, and insofar . s this case is concerned, the beard decides the use requested is in accordance with the zoning by-las=, rkich, under Section VII designated Administrations, provides for interpretation of by-laws by this board *en the interpretation is not clearly obvious as follows: "A particular use is allowed =dor the provisions of the zoning by-laws" ® under Section - Business District Uses. No. 6: Retail business End service businesses are allowed. Petition# 739 con:timed: Therefore., the board finds that the use rarpostod, i.e.,, that of a coin-operated carwash in accordance Tiith the pl cl:M submitted i a3.3.o•nd wxcbz b.e zoo by-laws of: the To of Yamauth. This decision_ is rendered particularly ,o the petitioner and should neat to construed as atip]. g to other areas 1-.-hero the pxcpoCed structures and proposed use may be afferent, The eforel the board doe::des that pe it ,onerl s roeuest is in accordance iith the zoning by-lam of the Toni of Tarnouth tri aCeordarce with this decision. Members of Board voting: Harold. Bayou, Manua. DiTiborio,, Hoard Spurr, Bicha.r•ci c u Kenneth rL Studley - All voted in favor. Therefore,, the Petition for Approval is granted. find tie authorize a zraricaco to: allow the business of automobile car QTaah to be operated an accordance with this decision. No permit issued until 20 days from date of filing decision rivh the Tonga Clerk. Kenneth Bs Stec e; Cleric UM. Name: Kenneth T.Daly and Marjorie N.Daly APPEAL # / i) Address: Yarmouthport, Mass . PETITIONER: Name: TOG Enterprises Inc ., Address: c/o Daniel J.Fern Esq., 436 Main St .Hyannis, mass . BOARD OF APPEALS - YARMOaU H, MASS. This petition when completed and signed must be filed with the Board of Selectmen Yarmouth, Massachusetts, along with the fee of $20.00. Date March 16, 1966 Paid 1/6/6.6, 1. I, We hereby appeal from decision of the Bui1 Inspector and petition your Board for a public hearing on the action checked low: 1. Review refusal of Building Inspector to grant permit. 38c.xxiiiembakamootkiebeziaaati. 2e I, We hereby request the action checked below: - 2kxxlipparzendoctexthecillmodulibitpiplacier.x 3. A special permit from the Board of Appeals to allow: the business of automobile car wash to be operated on premises located on Route 28 shown as Parcel 2 on Land Court plan No.19779-B with certificate of title No.23 904 3. Reason for the Board of Appeals action as °hooked below: 1. Contrary to Zoning By-Laws as follows: 1. Business restricted in residence area alon Route--28 . 2. • 2. Approval of Board of Appeals, or Special Permit requested under the following section of Zoning By-Law: Section 2, para 9. 2. Name and addresses of abutting property owners, and those persons deemed affected by this application, \at least three)ree TOG Enterprises nc . Signed by4---- „e attorney Respec au t TOWN OF YARMOUTH BOARD OF APPEALS Appeal No. 789 Kenneth & Marjorie Daly Yarmcuthport, Mass. Members of the Board present: Harold Hayes, Chairman Kenneth H. Studley Albert Webb Howard Spurr Robert Sherman Chairman called the meeting to order and read petition. All abutters were notified by registered mail and the necessary publication was made in the Cape Cod Standard Times and the Dennis-Yarmouth Register. Plans were presented. A letLer was receive.' from Kenneth & Josephine 1-erry, and Joseph Kiddick, both in opposition. Mr. Fern: I represent the petitioner, Tog Enterprise, Inc. This place is right next to the Mobile Gas Station. It will be a 12 bay, cement block building. Cost will be about $.25 per wash. It will supplement the facili- ties offered at the service station to the public. This can be a part of the seriirice station, in a sense. It will provide employment for one, probably 2 individuals, not the owners. The owners are 2 pairs of married couples. They operate one 01', er of these reasonably successful. It should not cause traffic conjestion. They will come in off Route 28 and come out South Sea Ave. This piece of land lends itself to this kind of thing. The engineering is being done by hercer. There will be a water reclamation attached to this. It will be reused, won't over-burden the system. we have one of these on Yarmouth Road in Hyannis, very well run. They do a pretty good job and do benefit the community. I think the town can use one of these places. There is no other better location on Route 28. Mr. Studley: This will not be run with the service station? Mr. Fern: No. It just supplements it. It could be set up so the traffic goes in one way and out the other. whatever you say will do. Mr. Sherman: Will this be year round? Mr. Fern: Yes. hr. Hayes: Any sketches? hr. Fern: Yes. The lighting strips will be inside. Cement block, flat roof. Mr. Hayes: The building will be open on both sides, the only solid place is on both ends. Appeal ; 789, eontld. Mr. Studley: How about storage, etc.? Mr. Fern: There will be a separate storage area. Mr. Hayes: Is the end facing Route 28? Mr. Fern: Yes. It will be faced with brick. It will all be surfaced, and it will be a desirable thing. hr. Hayes: No request for signs here. It will more or less speak for itself. How close in the back to the nearest residence? Mr. Fern: 60' back line, 40' side line. Mr. Sherman: How far from the street? Mr. Fern: About 60'. Mr. Crowell: I represent Mr. eriechard. 1 think they are closer than enyone. They are quite upset about it. They feel the value of their land will go down. eill it be open 2I hours a day? They are not attended all this time. hr. Fern: They are attended periodically to see that the supplies are ample. No lighting outside. Mr. Crowell: They are concerned with the noise. Also, about the drainage. It does slope off. They would be satisfied if the Board was willing to make as a condition to put some kind of fence here, to quiet down on the noise. Mr. Fern: There is no question about it, we would put up a fence. There is no drainage problem. This all haw to be approved by the County. Mr. Meinerth: I live across the street. The traffic is terrible. I object to this. I don't think I would like the looks of it coming out of my front door every day. McNeely: I am from Coach Lite Village. I am objecting in a limited way. I would like to know if all this land is zoned for business. Do they need a special permit? hr. Hayes: No. This Board has the authority to grant any business permit. There are some areas that are zoned business. This is not a special area that takes the approval of this Beard. Mr. McNeely: It will be worse if you have both way traffic. I think it needs something to make it look more attractive. Mr. Catto: It is zoned business here but you have a right to say what kind of business goes in there. Mr. Hayes: Yes, but if it is zones business, why are we here? If this is a business area we can grant what is allowed in a business area. Mr. Studley: This is a business area. I think some of the remarks made by tilee people here should be taken into consideration. 1 hate to see some of Appeal 789, Contd. Mr. Studley, Contld. : these put up. Put something to make it look better. Mr. Hayes: The only authority we halm is to grant what is allowed in a busi- ness area. This is a business area. Mr. Fern: Since this business can be conducted, we will put the fence up. I don't want to change the architecture of the building, too much expense. We will put up the fence though. Mr. Hayes: I would like to note the set back you have on the side line, which is g od. Hearing closed: