HomeMy WebLinkAboutDecisions 2051-2951TOWN OF YARMOUTH
BOARD OF APPEALS
Filed with Town Clerk: MAR 1 2 198A
Petitioner: Intercity Alarms,Inc.
22 Whites Path
S. Yarmouth, Mass.
DECISION
Hearing Date: 2/29/84
Petition No.: 2051
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 Oman.
It appearing that notice of said 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:
This is a request for a variance and/or approval to allow an addition containing
approximately IPOO sq.ft, and 4 covered parking spaces to a pre-existing, non -conforming
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,
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 not
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
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 would
impose a severe financial hardship. The appeal is granted on the following condition: Any
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
parking, should Whites Path be widened or altered.
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.
Petition No. 2051
Page 2
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.
MYER R. SINGER
Clerk
TOWN OF YARMOUTH
BOARD OF APPEALS
Filed with Town Clerk: OCT 2 0 MT
Petitioner: Intercity Alarms Inc.
22 Whites Path
Hearing Date: 10/8/87
Petition No: 2472
South Yarmouth, MA 02664
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DECISION
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The petitioners requested a variance and/or approval of the 'Bard of Appeals to allow
construction of a second story addition, approximately, �O feet by 26 feet, over the
• existing structure which, along with the use, is a "pre-existing and non -conforming"
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facility located at 22 Whites Path, South Yarmouth, MA as shown on 'Assessor's MapA86
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s� Lot T3.
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Members of the Board present: Leslie Campbell, FritzLindquist, Joyce Sears, Philip
Magnuson, David Reid.
It appearing that notice of said 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 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.
The.following appeared in opposition: Raymond Chasse.
REASON FOR DECISION
This 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, MA 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 propercy 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
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use were made._ Therefore, pursuant to Section 301.5 Note 3 of the Zoning bylaws
the petitioner will not be required to construct the additional parking spaces.
However, if the occupancy load of the building increases, the additional required
spaces shall be constructed.
The Board finds that to grant the relief requested will not cause any undue nuisance,
hazard or congestion, and will not cause any harm to the established or future character
of the neighborhood or town. In addition to the extent that a variance is needed
to allow minimal infringement of the existing building, proposed stairwell and the
westerly buffer it 'is .granted. To require the petitioner to relocate this structure
would impose a severe financial hardship. The appeal is granted provided the necessary
trees are planted and the parking may remain the same (as shown). However, this
decision shall not be construed as granting any.rights to the petitioner with respect
to the two parallel parking -spots along White's Path should White's Path be widened
or altered.
Members of the Board voting unanimously to grant: Leslie Campbell, Fritz Lindquist,
Joyce Sears, Philip Magnuson,David Reid.
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No permit issued until 20 days from the date of filing the decision with Town Clerk.
Fritz Lindgist
Clerk
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TOWN OF YARMOUTH
BOARD OF APPEALS
le.
FILED WITH TOWN CLERK:
OWNERS & PETITIONERS:
Richard S. Dodd
d/ /a Briarcliff
"` White's Path
South yarmouth, MA
DE(
The petitioner requested the
structure where the parking
not conform to parking and 1
expansion of a pre-existing
business district where the 1
are not in conformity. To a]
deems meet and just, and tc
Appeals rulds and regulation;
Property located at One Whit(
Map #86 Lots T20,T21,T22.
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Hearing Date: 3/24/88
Petition No: 2531
alteration of a pre-existing, non -conforming
lot, buffer strips, ingress, and egress do
Jading requirements of the bylaw. Also the
non -conforming office building in a limited
arking lot, buffer strips, egress, and ingress
low such other relief that the Board of Appeals
waiver strict compliance with the Board of
where the Board may deem such appropriate.
's Path, South Yarmouth and shown on Assessor's.
Members of the Board of Appea!ls present: Donald Henderson, Fritz Lindquist,
Leslie C=pbell, Richard Neit�i, Thomas George.
It appearing that notice of said hearing has been given byesending notice
thereof to the petitioner ant all those owners of property deemed by the
Board to be affected thereby nd that public notice of such hearing having
been given by publication in The Yarmouth Sun on 3/9/88 and 3/16/88, the
hearing was opened and held o the date first above written.
The following appeared in fav
for petitioner: Richard Dodd
The following appeared in
REASON FOR DECISION:
of the petition: Michael Stusse, attorney
the Planning Board, by letter.
tion: Joanne J. Owens, by letter.
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This is a request for a speci 1 permit and/or variance to allow alteration
of a pre-existing, non-confo wing structure -where the parking, buffers,
ingress and egress do not con orm to current Larkin and loading requirements
of the bylaw. x
The Petitioner, through a le ter from his Rttorn4 asked to be allowed
to withdraw without prejudi a so that Pettkoner, many;evise the plan
submitted to this Board.
The Board unanimously voted
Fritz Lindquist
Clerk
grant this regl[est.
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TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: AUG 8 °'
HEARING DATE: 7/28/88
PETITION NO: 2563 -88 AUG -8 P3.04 bA
PETITIONER: Richard Dodd -{ yy�; 6; 1;�F!i'.
d/b/a Dodd Real Estate 1OWN CLERK b TREA�tl::i.
oZ 9r% White's Path
South Yarmouth, MA 02664
Members of the Board pLsent and voting: Leslie Campbell,
Fritz Lindquist, JoycellSears, David Reid,.Philip Magnuson.
It appearing that node of said 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 heaing having been given by'
publication in The Ya 10uth Sun on 7/13/88 and 7/20/88, the
heaing was opened andield on the date first above written.
Relief requested
The Petitioner has appealed for relief:
A. To allow: Constructlion of a retail complex on a site
containing a pre-existling, non conforming, structure where
the parking lot, buffer strips, ingress, and egress do not
conform to the parking and loading requirements of the bylaw
with respect to sections 301.4.2. 301.4.3, 301.4.4, 301.4.6
and 301.4.7.
B. To allow: Construction of a retail complex on a site where
a pre-existing, non -conforming office building does meet the
sideline setback contained in Section 203.5 of the bylaw.
C. To allow: Such
deems meet and just.
D. Waiver of strict
rules and regulations
appropriate.
The property is a cer
buildings, located at
White's Path, South Y
on Assessor's.Map #86
located in a limited
The petitioner has s
relief that the Board of Appeals
iance with the Board of Appeals
e the Board may deem such
portion of land improved with the
intersection of Station Avenue and
th, Barnstable County, MA, as shown
as parcels T20, T21,and T22 and being
siness district.
tted a plan entitled "Site Sewage
Draining Parking Plan For Proposed Retail Complex, White's
Path, South Yarmouth, dated May 1988, Drawn by Low &•Weller,
.Inc., 714 Main Street Yarmouth, MA".
In the course of the hearing, several questions were posed
to the Petitioner's representatives by members of the BoarS& AUG -8 P3:
Several Yarmouth resi ents were heard and response was madefv
by representatives of the Petitioner and by members of this.-.,,,.,,,, 'fA ":QJ
Board.
lOYIN CLERK b TREE:
The change, extension or alteration of a prior existing non-
conforming use or structure criteria are stated in Section
104.3.2 of the bylaw as follows:
"Pre-existing non conforming structures or
uses may be extended, altered or changed
in use on special permit from the Board of
Appeals if the Bo rd finds that such
extension, alteration or change will not
be substantially more detrimental to the
neighborhood than the existing non -conforming
use.”
The Petitioner is the
at the intersection o
Yarmouth, Barnstable
special permit which
lots and the erection
7,439 sq. ft. of reta
present zoning requir
conform to the zoning
yard setback and the
301. et seq. for the
After meeting with th
of Yarmouth on severa
Board, the Petitioner
the existing and prop
with the requirements
is still required to
conditions.
After hearing the evi
findings of fact:
A. The existing-curb1cut for the property of White's Path
may present a problem�to traffic when turning from Station
Avenue onto White's P th. The Engineering Department of the
Town of Yarmouth and the Town's traffic consultant, Venesse-
Hangen & Brustlin, have recommended that this curb cut be
closed and moved further to the east on White's Path. The
Petitioner has agreedto relocate the curb cut as shown on
the plan, dated May, �1988. The Board therefore finds that
the proposed alteration enhances the neighborhood and that
a special permit maybe granted.
owner of an office building located
Station Avenue and White's Path, South
ounty, MA. The Petitioner seeks a
ould allow the combination of three
of a building containing approximately
1 space. All new construction meets
ments. The site currently does not
bylaw requirements with respect to rear
arking and Loading requirements Section
xisting improvements.
Site Plan Review Committeeof the.Town
occasions and appearing before this
has modified his.plans in order to bring
sed building into greater compliance
of the bylaw. However, a special permit
llow this project, due to existing
ence, the Board makes the following
In
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B. Rear Yard Setbacks: The Board finds that the existing
non -conforming office building is approximately seven feet
from the lot line. The proposed building is set back in excess
of the 20 feet presen ly required by the bylaw. There, the
new building is.in compliance with present setback requirements
and is not more detrimental to the neighborhood than the
existing office building.
C. Parking and Desigl: The Board finds that the existing
parking is not in compliance with present bylaw requirements
in that the travel lanes are less than twenty feet in width
and the parking spaces are laid out within the twenty feet
buffer area. The additional parking to be provided does meet
the requirements of the twenty feet travel lanes and the buffer
areas to be constructed comply with all zoning requiremnts.
The Board finds that the proposed parking areas comply with'
the bylaw and are notlsubstantally more detrimental to the
neighborhood than existing properties.
Therefore for all the koregoing reasons, the Board of Appeals
grants the desired relief upon the following requirements
and conditions:
1. All work is to be done in accordance with the
revised plan dated May, 1988, submitted by the
Petitioner.
2: The three lots are to be combined by the filing
of a new plan with the Yarmouth Planning Board
pursuant to the Subdivision Control Law.
3. Retail and storage areas within the property
shall be divided so that parking requirements under
the bylaw are in coliance at all times.
Therefore, the Petitioner's requests for relief are granted
subject to all the above stated conditions.
No permit issued until 20 days from the date of filing the
decision with the Town Clerk. o
Fritz Lindquist
Clerk
#2563
Richard Dodd
Briarcliff
i ff
M_ W • 1 W a m
I, Kathleen D. Johnson,
that 20 days have elapsed si
Appeals #2563 decision and t
been filed with me, or if su
or denied.
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Kathleen D. Johp on
Town Clerk
)wn Clerk, Town of Yarmouth do hereby certify
the filing with me of the above Board of
: no notice of appeal of said decision has
appeal has been filed it has been dismissed
FILED WITH TOWN CLERK:
PETITION NO:
PETITIONER:
HEARING DATE:
PROPERTY LOCATED AT:
shown on Assessor's Map 86
TOWN OF YAR40UTH
BOARD OF APPEALS
DECISION
APR 2 9 IM
2896
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Richard S. Dodd (Winkir•InAtpPAting)
April 9, 1992 IO�wi 1'.:R�;;�•"..
IUWH I;LEf2K 3 1HEAF,Ui f 1:
2 White's.Path, South Yarmouth, MA and
Parcel T20.'
PETITIONER REQUESTS: I A special permit under S 103.2 (including
applicable subsections) an S 406 (including applicable subsections)
for use 202.5, E8 to allow the operation of a printing business.
Furthermore the petitioner seeks relief that the Board deems meet and
just as well as to waive strict compliance with its rules and regulations
where the Board Tray deem such appropriate. Applicant states, that in
his opinion, no undue nuisance, hazard or congestion will be created
and that there will be no substantial harm to the established or future
character of the neighborhood or Town. Petitioner feels that such
allowance is in the public �interest and not inconsistent with the zoning
enabling act or Yarmouth Zoning by laws.
MEMBERS OF THE BOARD PRESENT AND VOTING: Leslie Campbell, Chairnan,
Fritz Lindquist, David Reid, Dick Neitz, Ron Schmidt.
It appearing that notice ofIsaid 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 Yarmouth Sun, the hearing was
opened and held on the date Ifirst above written.
The petitioner proposes to use a portion of this building for the
operation of a printing business (use E8). The use is permitted in
the Industrial Zone only by special permit. The use also requires a
special permit for use within the Aquifer Protection District (1406).
The printing business will tie located within units 3 and 4 of the
building, as shown on the petitioner's Site Plan (showing all revisions
through 9/24/90).
The petitioner (and the proposed tenant) represented to the Board that
there are no floor drains the units and that there will be absolutely
no disposal of chemicals ornhazardous waste into the septic system.
The information available indicates that the use will qualify as a "very
small generator" of hazardous waste. All potentially hazardous wastes
and materials will be properly handled, will be stored within a bermed
containrrent area, having the required 1509. of volume capacity, and will
be removed from the site by a licensed hauler of hazardous wastes.
Based .upon the evidence presented, including the favorable recom endation
of the other reviewing Boards and offices, it was determined by this
Board that the proposed uselmet the requirements of the Aquifer
• Protection District by law §406), and that the proposed use in this
industrial zone will not cause any undue nuisance, hazard or congestion,
and will not be substantially detrimental to the established or future
character of the neighborhood. However, concerns were expressed by
the Board members for the potentially adverse effect upon the Town of
our not requiring proof of insurance available to cover the cost of
any leak or spill of hazardous substances in the APD. The Board, may
well require such insurances in future permits.
Based upon the foregoing, a Motion was made by Mr. Cman, seconded by
Mr. Lindquist, to grant the equested relief, on the conditions that
the petitioner comply with t e recommended bermed-containment area and
handling of all potentially �azardous materials, and with the Hazardous
Waste Inspector's recomrendation that no potentially hazardous substances
be discharged into any drains or into the septic system.
The Board Members voted unanimously in favor of the Notion.
No permit shall issue until $0 days from the filing of this decision
with the Town Clerk.
e�'7-
David S. Reid, Clerk JJ
Board of Appeals
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FILED WITH TOWN CLERK:
PETITION NO:
PETITIONER:
FEARING DATE:
PROPERTY LOCATED AT:
and shown on Assessor's
PETITIONER REQUESTS:
406,•202.5 J3 footnote 13
pedicure and manicure.
MEMBER OF THE BOARD
Administrator
TOWN OF YAR4'IOUTH
BOARD OF APPEALS
ZONING ADMINISTRATOR
DECISION
DEC 3 1992 .
o
2948
Sharon Munk; �Tast�Harwich,
MA
M.,
November 2,jg 399Zh
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12-3 Whitekt Path,
South Yarmouth, MA
86 as Parcel T20.
1.
A special permit under section 103.2,
allow operation of a business dealing in
AND VOTING: Leslie Campbell, Zoning
It appearing that notice of said 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 Yarmouth Sun, the hearing was opened
and held on the date first above written.
Mr. Leslie Campbell condu
Richard Dodd (owner) and
present. They propose to
this existing multi -use c
Business Zone. The use (
Building Inspector, pursu
that the APD by law speci
structural changes to the
at the site is adequate f
the business will involve
part time only.
:d the hearing, as Zoning Administrator. Mr.
Sharon Munk (business operator) were both
aerate a new business at one unit (#12-3) of
iercial building on White's Path in the Limited
1) is allowed by special permit only. The
to section 406.5.1.1, has already determined
permit procedure is not applicable. No
dlding are proposed. The parking present
this use. The petitioner represents that
ily two (2) employees, one of whom will be
The Zoning Administrator is satisfied that this business will not create
any undue nuisance, hazard or congestion at the site, nor will it cause
ham
any substantial hato th established or future character of this
commercial and residentiallneighborhood, nor to the Town as a whole.
The special permit,
No shall issue
this decis'on with th
David S. Reid, C
Board of Appeals
202.5, use J3 is therefore granted.
the passing of 20 days from the filing of
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PROPERTY LOCATED AT:
MA and shown on Assessor's
PETITIONER REQUESTS:
rrporate
gsBank of America to
colors of blue v
ZONING ArMINISTRATOR:
It appearing that notice o:
r thereof the the petitioner
the Board to be affected tl
having been given by publi,
opened and held on the dat,
Present for the petitioner:
The petitioner wishes to i
of its other offices, whir
uniformity of color and s:
The Sign Design Review Bo,
from the provision of the
the criteria for a varian
withdraw its application
withdrawn without prejudi
.,,.. �. ... ...., ..
Board of Appeals
TOWN OF YAR,11OUTH
BOARD OF APPEALS
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DECISION
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2951
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First Federal=,Savings Bankjof America
December 3, 16
N
Unit 7, 12 White's
Path, South Yarmouth,
v
86 as Parcel T20.
A sign variance to allow First Federal
signs as allowed by the Town but in
white.
Leslie Campbell
said hearing has been given by sending notice
nd !all those owners of property deemed by
retry and that public notice of such hearing
tion in the Yarmouth Sun, the hearing was
first above written.
Mr. Bob Mitchell and Mr. Chris Morey.
ctla sign in the White on Blue color scheme
would violate the Sign Code requirement of
design within a business center (S 303.4.7).
.'slreconmendation was not to grant a variance
law. After discussion of the matter and
the petitioner requested permission to
hout prejudice. The petition is therefore