HomeMy WebLinkAboutDecision 1114TOWN OF YAR'IOUTII
BOARD OF APPEALS
Filed with Town Clerk:- .M 141972
Petitioger:
G BAPTIST CHURCII
10 Carter Road
rmou , asssachusetts
DECISION
The petitioner requested a variance
of Appeals to allow an addition to garage
Yarmouth, Mass. The present garage only-
perty shown on the assessors map at Sheet
Memb,ars of Board of Appeals present:
HAROLD L. HAYES, JR.
WILLIMI F. BUTLER III
• DAVID 011AN
Ilearing Date: 'lay 2S, 1972
Petition ::o.: 1114
and/or approval of the Board
at 10 Carter Road, South
two feet from lot line. Pro-
S2 as -Parcel X15.
RnBERT If. SIIRMAN
MORRIS I. JnIINSON
ThG following appeared in favor of the petition:
Mr. Lussey on behalf of the petitioner.
The following appeared in opposition:
NONE
Reason for Dacision:
Petition No.: 1114
This is a request for approval of the Board to extend a non-
conforming use by the construction of an addition to a garage. The
petitioner desires to continue the existing sideline of the present
garage wh'icli is approximately two feet from the rear lot line. The
Board is unable to determine from the assessors' records whether the
property- in issue is located in a residential district or'a highway
commercial district. If the property is located in a'highway commer-
cial dstrict, the minimum rear yard setback is thirty (30) feet. If
the property is located in a residential district and the garage ual-
ifies us a dwelling, the rear yard setback requirement is twenty ?20)
feet.; if the garage -qualifies as an accessory use the rear yard set-
back requirement is six (6) feet.
IM
The petitioner's plan indicates that the proposed addition will
run along the two foot setback for approximately forty (40) feet. The
Board notes from the assessors' records that there appears to be ade-
quate land available in order to permit the petitioner to conform to
the present requirements of the by-law. Due to the fact that the pro-
perty abutting locus on the north is in a residential district, the
Board finds that the proposed addition would be substantially differ-
ent in character and more detrimental and objectionable to the neigh-
borhood. Therefore the request for an extension of the non -conforming
use is denied.
Members of Board voting:
HAROLD L. HAYES, JR.
- Voted
in
opposition
ROBERT W. SHEIVIAN
- Voted
in
opposition
WILLY&M F. BUTLER III
- Voted
in
opposition
,• MOR:tIS I. JOIIVSnN
- Voted
in
opposition
DAVID MAN
- Voted
in
opposition
Therefore, the Poition for Approval
is DENIED.
CLERK, PRO-WIP
TOWN OF YARMOUTH
BOARD OF APPEALS
May 25., 1972
Evangelical Church
Appeal No. 1114
Members present: Harold Hayes, Robert Sherman, Morris Johnson, David Oman,Wlliam Butler.
The Chairman called the meeting to order and read the petition. All abutters were
notified by -Certified mail and the necessary correspondence was made in the Cape Cod
Standard Times and the Dennis -Yarmouth Register.
Mr. Lossey: We wish to make an addition onto this present garage, which is used as
a recreation room, playroom, etc., also Trinity School classes. The line is 21, it might h
be 3'. We would like to have this variance to go ahead to build this.
lair. Hayes: Why is this here, Yx. Spurr?
Mr. Spurr: Thg� want to continue the existing sideline that was established prior
to zoning. A'e`i 18ythe approval of Mr. Wendward, an abutter.
V Mr. Hayes: How big would it be?
Mr. Lossey: 20' x 401. There is 40' on the line that would not meet the by-law.
Mr. Hayes: Any plot plan?
Mr. Lossey: No, but I will get one. I will file it tomorrow.
PSr. Hayes: Show the whole plan, showing this addition. Try to indicate the elevation.
There is so much of the addition that does not meet the sideline requirements. There
is no question on the addition at all.
Hearing closed.
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OWNER: NAME:
TOWN OF.YARMOUTH
BOARD OF APPEALS
Evangelical Baptist Church
ADDRESS: 10 Carter Rd., South Yarmouth, Mass.
r
PETITIONER: NAME: Evangelical Baptist Church
ADDRESS: Carter Road, South Yarmouth, Mass.
BOARD OF APPEALS, YARMOUTH, MASS.
APPEALS #///T/
This petition when completed and signed must be filed with.the Board of Select-
men, Yarmouth, Massachusetts, along with the fee of $20.00.
DATE: April 7R_ 1 Q77
PAID: $20,00, `
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:
d
g l.. Variance from requirements of Yarmouth Zoning By -Law.;
.2. Approval of the Board of Appeals.
3. A special permit from the Board of Appeals.
To allow: 1 .11
Addition to garage at 10 Carter Road, South Yarmouth, Mass. �
Present garage only 2 feet from lot line: No objection
from abutter.
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:
1.
2.
Names nd ddresses of abutting property owners, and those persons deemed
affec by this application. (At least three.)
Signe
Respectfully s mmA*d