Decision 3213 •
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
95 JUL 14 Pi :13
FILED WITH TOWN CLERK: JUL 1 4 p,'a;,y;
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PETITION NO: 3213
HEARING DATE: June 22, 1995
PETITIONER: Parsha's Hair Salon
536 Old Town House Road
South Yarmouth MA 02664
PROPERTY: 536 Old Town House Rd., South Yarmouth MA. Assessor's Map 76 Parcel N168
MEMBERS OF THE BOARD PRESENT AND VOTING: Leslie Campbell, Chairman, David S.
Reid, John Richards, Jerome Sullivan, James Robertson
It appearing that notice of the hearing has been given by sending notice to the petitioners and all of
those owners of property deemed 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, Parsha Boyington, presented her petition to the Board. The property in question is a
rented unit within an existing commercial plaza, in the Industrial Zone. The unit is operated as a
Beauty Salon, and has, according to the petitioner, been so operated since at least 1980. The
petitioner now wishes to add a "tanning booth" for use by her customers. This booth, use J-6, is
allowed by Special Permit. However, the principal use, the Beauty Salon, J-3, is not allowed in the
zone.
The Board notes that this plaza was previously granted a Special Permit to operate "retail stores
and/or restaurant/coffee shop", (#1407, 1/13/1977. No mention was made at that time of a Beauty
Salon. However, the petitioner herself was before this Board in 1989, requesting and receiving a
Sign Variance for her present Beauty Salon business (#2622). No mention of the legality of this use
itself is made in that decision.
The petitioner proposes no change in her primary use. She proposes only to make this portable
tanning-booth-unit available to her customers. It will be a minor, incidental service only, requiring
no alteration of the unit nor any additional employees.
The Board is not presented with any proof that this Beauty Salon use was ever "lawfully"
commenced pursuant to an occupancy permit, though it is evident that it has been openly and
publically so used for as much as 15 years. On the information presently available to the Board, it
would not qualify for Statute of Limitations protection. Nevertheless, the board finds that it has been
present for up to 15 years, that the business has been directly before this Board in the past,
apparently without objection or opposition to the use having been raised. It therefore would be
inappropriate and inequitable to now treat it as an illegal use. As for the Tanning Booth, the Board
finds that it would not generate any undue nuisance, hazard, or congestion, as an accessory use, nor
would it cause any harm to the established or future character of this neighborhood.
A Motion was made by Mr. Robertson, seconded by Mr. Richards, to grant a Special Permit for the
Tanning Booth (J-6) as an accessory use, and to grant a Variance to the extent that one is necessary,
to permit the present Beauty Salon (J-3)to remain at this site, all as represented.
Mr. Sullivan, Mr. Campbell, Mr. Richards, Mr. Robertson voted in favor; Mr. Reid voted against the
Motion. The Special Permit and Variance are therefore granted.
Appeals from this decision shall be made pursuant to ss 17 c40A and must be filed within 20 days
after the filing of this notice/decision with the Town Clerk.
David S. Reid, Clerk
Board of Appeals
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TOWN OF YARMOUTH
BOARD OF APPEALS APPLICATION
APPEAL # -/ 95 MAY 22 "
HEARING DATE 696, -4 J- 9
FEE PAID 7S c2 total i
BUILDING INSPECTOR A-cADA
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OWNER NAME inaticb,v k&a; W 's t
ADDRESS 46 41 B ; ,) O/1ST' �d
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PETITIONER NAME A/S/0S /10/1v S'a/O,o PArLs1f Pt'y,/
ADDRESS ' �/ `�Q Lt ; IO0.s r
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TELEPHONE
This applicatign is for the property d/or str cture �cated
at _ / (.0/)fl/?o(( kU Cat-avo
Assessor's Map Parcel A/ IG
I/We hereby request the action checked below:
1 ) Reverse the decision of the Building Inspector.
(Specify the Building Inspector's ruling appealed from and/or
attach a copy hereto)
2 ) A Special Permit under Section(s) /6t1.i of the Yarmouth
Zoning By-Law and/or for a use authorized in the "Use Regulation
Schedule" Section(s ) :xDQ ' S `T3 to /iocAJ 7-794/ j/,J9
hv) /NJ ho h-.J
3 ) `-'A Variance from the terms of the Yarmouth Zoning By-Law
Section(s) 262 %'S -J o alloyCE' 40Pael7/
c,<}/0.n) i /il4`J44 7 1A//419 A
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Signature: Leh 40/03 �