HomeMy WebLinkAboutDecision 2472TOWN or YARMOUTH 60003J35PA"uE .,29
BOARD OF APPEALS
N O T N O T
Filed with Town Clerk: OCT 2 0 0h AtleAlring Date: 10/8/87
O F F I C I A L O F F I C I A L
e
Petitioner: Intercity Alarms Imo, O P Y C OP j�t yn No: 2472
22 Whites Path
South Yarmouth, MA 02664 T N O T
DECItI(N A N
O F F I C I A L O F F I C p
The petitioners requested a var�pn�2 Vd?r approval of the Boa rd�(�of�Apt"a low
construction of a second story "pion, approximately 50 feet ny e�tYY over the
existing structure which, along with the use, is a "pre-existing and non -conforming"
facility located at 22 Whites Path, South Yarmouth, PIP, as shown on Assessor's Plap#M
Lot T3.
Members of the Board present: Leslie Campbell, Fritz Lindquist, Joyce Sears, Philip
Magnuson, David Reid.
it appearing that notice of said hearing has been given by sending notice thereof
i 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
j. The Register on 9/24/87 and 10/1/87, the hearing was opened and held on the date
first above written.
The following appeared in favor of the petition; DeWitt Davenport, Palmer Davenport;
Charles Hart; E.S, Goldman.
I ;.
The following appeared in opposition: Raymond Chasse.
I:
REASON FOR DECISION
Thi's is a resquest for a variance and/or approval to allow a second story addition
containing approximately 1,300 square feet to a pre-existing non -conforming facility
located at 22 Whites Path, South Yarmouth, 11A which is presently the site of Intercity
Alarms.
The petitioner submitted a plan to the Board dated August 31, 1987 which shows the
entire site, parking and other features. The builder's plans for the .addition were
also submitted.
The petitioner noted the entire site was upgraded in 1984 pursuant to the Board
of Appeals decision Petition No.2051. Of note at that time, there were two exceptions
to the dimensional requirements. One is a small jog in the building that infringes
into the buffer strip along the westerly property line. This structure houses extensive
utility lines on which the Alarm Co, 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 the petitioner desired to leave for convenience sake. At that time the Board
found the plan an excellent one and that the town would benefit greatly from the
upgrading to meet most standards covering buffers, parking and drainage.
Subsequent to the 1984 above noted decision a dimension requirement change was made
that effects locus. The sideline setback in a limited business district was changed
from 15 feet to 25 feet. The petitioner noted that the addition was to be above
the existing building except for the proposed emergency stairwell.
The Board further notes the proposed addition is for the purpose of creating larger
work areas and should not increase the parking demand on the facility. The plan
proposed shows that the site would conform to the parking criteria if a 'change in
- z - snax6 �5v>a� 1.30
N 0 T N O T
use were made. Therefore, pur5u t o Section 301.5 Note 3 of Lle �.pning hylewe
the petitioner will not e e i.do construct the additional afrl ng spaces.
However, if the occupancy l�aco tlQ Zui&diLq increasesO tFSe F d. iQalj rAquFxed
spaces shall be constructed. C O P O P
The Hoard finds that to grant thoriq{, requested will not cause $qy �ndup nuisance,
hazard or. congestion, and will no r. s any harm to the estaU]-ishe or fu ure character'
of the neighborhood or town. ln�tid�ltion to the extent that u vra�fi.a�ce is needed
to allow minimal infrin8(DeF't Ff T-hcCexR5IAnj,building, r0orLUseF RIU'-Pbaejl AndLLhe
westerly buffer it is granted. C TO rgqu#re the petitioner to reluav ais,structure
would impose a severe financial hardship. The appeal is granted prow de thJCe necessary
trees are planted and the
muy remain the same (as shown). Howevar, this,
decision shall not be construed as granting any rights to the peti-tioner with rospect.
to the two parallel parking 'spots along White's Path should WhiLe's Path be widened
or altered.
Members of the Board voting unanimously to grant: Leslie Campbell, Fritz Lindquist,
Joyce Sears, Philip Magnuson,David Reid.
No permit issued until 20 days from the date of filing the decision with Town Clerk.
Fritz Lindgist
Clerk
600KC135 PAU t3i
N O T N O T
a.; Appeal. Il 2472 A N A N
V Intercity Alarms Inc. O F F I C I A L O F F I C I A L
C O P Y C O P Y
IV CERTIFICATION OF THE TOWN CLERK N O T N O T
A N A N
I. Kathleen S]• Johns owFi C et iiow nfLYarmouth doQieFeb cefrt y 1h-A 2L days
have elapsed since tl:o filing wi& & Ff 5a above Board of Appeale fl(Y4g cis ion and
that no notice of appeal of said decision has been filed with me, or if such appeal has
been filed it has been dismissed or denied.
R[Offi FEB 10 ,88