Appeal 1937 Decision 05.26.83TOWN OF YARMOUTH
BOARD OF APPEALS
Johnstone -Fitzgerald Appeal No. 1937
May 26, 1983
Decision
Members present: Donald Henderson, Tom Kennedy, Morris Johnson,
Thomas George, Augustine Murphy,
Mr.Henderson: Part of this request, assuming we give relief, we find
the granting of this will not reduce the open space requirement of
the original hearing.
Mr. George: They also want it made clear that the extension of this
road was not to serve Oak Harbor. They also want us to address the
fact that by granting this, if we do, that this would in no way
affect the open space required in the original. hearing.
Motion by Mr. George to grant, subject to the conditions that the
road is not to be used as further access for the Oak Harbor Condo-
minium project, and that this doesn't affect the current outstanding,
the current approvals of the Oak Harbor Condominium project.
Mr. Murphy seconded.
Mr. George: I th ink they should have the relief here.
Mr. Henderson: What section of the by-law are we going to use, with
reference to the grant of relief? They spoke of approval...
Mr. Kennedy: Should the decision contain a special finding of fact
this grant doesn't reduce the open space requirement?
Mr. Henderson: I think it should.
Mr. Johnson: What is going to stop them from selling the rest of that
land to Oak Harbor?
Mr. Henderson: If they want to.
it may be better use of the land
that were aluded to.
Vote - unanimous in favor,
That would possibly make sense...
There had been some negotiations