HomeMy WebLinkAboutDecision 20510 F
0 F
Filed with Town Clerk:
N 0 T
A N
F I C I A L
C6G 410? na 259
N 0 '8oA1kD�Twee arc
F I WrEEA1.S
C 0 P Y
Petitioner: Intercity Alarms,Inc.
22 Whites Path
S. Yarmouth, Mass.
N 0 T
A N
O F
F I C I
A L
C 0 P Y
N 0 T
A N
O F F I C I A L
C 0 P Y
Hearing Date: 2/29/84
Petition No.: 2051
DECISION
The petitioners requested a variance and/or approval of the Board of Appeals to
allow an addition containing approximately 1,000 sq.ft. and four covered parking spaces
to a pre-existing, non -conforming facility located at 22 Whites Path, S.Yarmouth, Mass.,
and shown on Assessors map #86-T3.
Members of Board of Appeals present: Donald Henderson, Judy Sullivan, Les Campbell, Myer
Singer, David Dman.
It appearing that notice of Raid 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 in the
Dennis -Yarmouth Register on 2/9/84 and 2/16/84, the hearing was opened and held on the
date first above written.
The following appeared in favor of the petition: Palmer Davenport; DeWitt Davenport.
The following appeared in opposition: None. '
Reasons for decision:
i
This is a request for a variance and/or approval to allow an addition containing
approximately 1ft00 sq.ft. and 4 covered parking spaces to a pre-existing, non -con] Eorming
facility located at 22 Whites Path, S.Yarmouth, Mass., which is presently the site of
Intercity Alarms. Petitioner submitted a plan to the Board, revised January 18, 1984. f
which shows the entire site, the existing buildings, proposed buffers, parking and other
features. Petitioner stated that the entire site will be upgraded to present standards
dealing with parking, loading, drainage, green belts and buffer strips, with 2 exceptions.
One of these is a small jog in the building that infringes into the buffer strip along
the westerly property line. This small structure houses extensive utility lines on which
the alarm company depends and cannot easily be relocated. The only other respect in which
the plan does not meet current zoning, is that there is a small area of paving between
the existing lawn and the sideline of Whites Path, which petitioner would like to leave,
for convenience sake. The Board believes that the plan is an excellent one and that the
town benefits greatly from the upgrading to meet most of todays requirements covering
buffers, parking and drainage. The Board finds that to grant the relief requested will noti
cause any undue nuisance, hazard or congestion, and will not cause any harm to the est-
ablished or future character of the neighborhood or town. In addition, to the extent 1:
that a variance is needed to allow the minimal infringement of the existing building and
the westerly buffer, it is granted. To require petitioner to relocate this structure woulli
impose a severe financial hardship. The appeal is granted on the following condition: An,.,
parking along Whites Path must be parrallel to the front lot line. Further, this decision;
shall not be construed as granting any rights to the petitioner with respect to this k
parking, should Whites Path be widened or altered,
is
Members of Board voting: Donald Henderson, Judy Sullivan, Les Campbell, Myer Singer,
David Oman. Unanimous in favor of granting request, with the above stated condition.
N A N A N O T N O T
O F F I C I A L O F F I C I A L
_ C O P y C 0 P y
N O �pKQiOi FACE 260 N O T
Petition No. 2051 A N A N
Page 2 O F F I C I A L O F F I C I A L
C 0 P y C O P y
Therefore, the petition is granted as requested, with the condition that any parking
along Whites Path must be parallel to the front lot line, and if whites Path is widened
or altered in the future, this grant shall not be construed as giving petitioners any
rights with respect to parking in this location.
No permit issued until 20 days from the date of filing the decision with the Town Clerk.
i
MYF.R R. SINGER
t
Clerk
t
CERTIFICATION OF TOWN CLERK —
I, Kathleen 0. Johnson, Town Clerk, Town of Yarmouth, de herrby.tertify that
20 days have elapsed since the filing with me of the above #2051
decision and that no notice of appeal of said decision has !?e,e filcd.yith me, or if
such appeal has been filed, it has been dismissed or denied:-
KATHLEFji '0..IOy50K,
Town Cl'
li�LUi'�1i�11 MAY 984
THE COMMONWEALTH OF MASSACHUSETTS
N 0 T NOT
A N
_� Y41tM OttJF I C I A L
Cl or w
C O P Y C O P Y
BOARD OF APPEALS
NAONT Date: NoveAeerObQT , 19 e7
CertiPcaYe oFGr�nt4'rIg;f'Oar!Lnce or S eciaKPetFfniF I C I A L
(Gene 1 Liavig Nap 40A, Section 11) C 0 P Y
The Board of appeals of the City or Town of YARMOUTH
hereby certifies that a Variance or Special Permit has been granted
To
Address
City or Town _,,, Gn�!*h YnrenaiaLtL,.�1.1.ea�ri,ie I I R
affecting the rights of the owner with respect to land or buildings at
Pian Elaok 256 P 85
magg
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 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. The fee for such recor-
ding or registering shall be paid by the owner or applicant.
Chairman Leu1Sp CampbellW
Clerk
►PRM 1004 H09as AWARRCN. INC., n7Vu[o 7Y71
ko