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HomeMy WebLinkAboutDecision 520 168 South St 12.15.1960f TTM M YA-.UMUTil BABY) OF AIMALS 1 .. Ma....5.20*..... Dated..%:e :.15, 10,960 �a r�cx�xa� 1 This is potition for approral, of: - I Tim Betitioner requested parmit to allow tim operation of a Beach and Yacht Club In building located on a parcel of Laid• in South Yarmouth on South Street nhamn an Assemors' 11ap 29-X6i Land 1,08 a=a. The naaa Rivor Yacht Mubp now located on Bass 'diverRc -Pleaeant Street is emking to move to this now locatian. Property noai 'in nwm of Jame F. and ConatancB Ruhan„ Members of Board of Apneale presents I - Harold L. Hayes., Jr. - Chairman Albert Webb Paul VFobbsr Al ander Catto Kenneth Harvey Studley It appearing that notice of raid hearing hao been given by rending notico thereof to the Potitionar and all thoso ow mra of property deemed by the Board to be affected thereby, and that public notice of such hearing having been EiLvon by publication in the Cape Cod Standard Timor on xl/].2 & -19p 3.960 tim bearing Was opened and held on thr date first above written. Appeal ..:a..... RD- Sun FOR MCISIOUj It eppe"d at tho hearing that there is a reed for n now Yacht Club in the T1arn River vicinitys and the Board heard extensive evidence and cxard=d many letters written to the Board and officers and rmmberr of the Raps River Yacht Club frhich indicated this need for yacht club facilitieo in this area. All of the evidence and Letters indicated thqt such facilities could roqui e a cite on the • waterfront, � The Board then exard.ned the plans which trere submitted by tho Petitionero and found the ollnn to be in keeping vi.th Cape Cod Architectt=a and found that tho pro. posed utructura wad in kmeping with existing dL%II ngs in the inmzediate vicinity. The Board also considered the fact Vint there mra appearance^ filed by counsel representing property m=rs in the vicinity indicating opoosi.tion to the granting of apnraval as requested by Petiticners. Tho fact that others appeared in perron and by letter in favor of the Petition was also taken into consideration b� the %ard. The Board realised that thepresent matter under tho zoning ordinances or the Town of Yarmouth require; the approval of the Board of Appeals and that a variance is net required. The Doard is of the opinion that in the event such approval were granted the result could be a rmbrtantial chnngo in the property that in prarimato and contiguous to tho locus involved in the request of the Petitioners. The fact that there was strong opposition by thos: uhose property una eit*r contiguous to the locus or who lived and oumd property rolative]y close to the proposed side -of the Yacht Club vas.,. ,given consideration by the Board and greatly influancad its docision. The fact was considered that until the Yacht Club wan erected and in operation it would be imposrible to dotermine conclusively whether or not noise and activities in conjunc- tion zrith tha use of the Yacht Club facilities would dioturb or inconvenience sur. rounding property owners and thereforo the Board doen not rest its decision an these conniderationa which Moro submitted at the raring. Tho Hoard examined the plot plan of the l=d in questions and gave consideration to the fact that the property is oblong in Ehape and has a width of approximte37 3.33 feet. The Board further considered tho fact that at the northern boundary bf the parcel of land, ,nt' cne .paint the building would be 3 feot, m= or less, from the- irandiate aidaline and also questioned the fact that on the south lino of the property the building, faith' the proposers addition, would be approximately 54 feet from do mouth Iire. After considering all these facts the Board denies the rcgnost for approval -which would allcri the operation of a beach and yacht club as requested by the Petitioners and finds 'that the' -neighborhood vrould not be i.rrrprovcd by such atnroval, considering the size of the lot. The Board alto finds that there would be a substantial chnnrA in the area in- madiately nbuttin' the proposod site in the event such approval were granted. The Board finds that the property in gu�zstion is not of sufficient width to maintain the facilitien roquea ed without Overse3,,q•effeating the abutting property. In deciding thin cap the Board relieu heavily upon the fact that this is a resi. dautial area and that the residences along the River are very fine rasiddntial proportxes and that the character of the neighborhood has been well establiched over a Bang peri.od Of ti= _J The follvtsing. appeared in favor of the Petitions Malcolm Lloyd I itr. Ac Mrs;. Join Rosriter Robert Churchill ; Mr. t• Mrs. Thomas J. Rraidrickv Jr. Wallace S. 17hittalc6r Vssco Be Nuners Sr: William Ifenry Richard Angle Alan McClennan William Danforth Walter E. Carry, ti.p. Mr, & llrs. H. Donaldson Jord= 11r. C t3ra. Frederfc' W, Horner John P. areae J. A. Bricker, Jr. The foUcrving appeared opposed: I Harry W. Chcslay, Jrq Florcnco Hardee Pr6scott F. Uild ; lir. °_ iirs. Hildreth Benner ?lre. Vincent C. • Brewer Mr. k lire. T. R. Aldrich lir; Yira. Richard it. Sherz= Mr. lI rs. 14MMU Aarus Katberine W. Graves � Yr, rc Mra. Edwin L. Farrar Herbert L, Foster I Ida. Robert R. Robbins Mr. & bra. Harold 0.' Smith Joadphins F' Harper ump Char].sa T. Voorhis l nambers of Board votings j . Harold L. Hayeas Jr, Albert slebb Paul dabber A1e=der Catto Kenneth Harvey Studley Therefam, tho Petition for Approval is denied . Appeal ..::0...., Frank Lloyd Ilichaol J. Daunter Ranson Purcoll, Jr. James A. PIrident . Howard C. Da=iph roan J. 1.1holley Mira, Shepard Dudley Colin Bartlett I -Ire, Al a=der 'alum Ifr. '- 17rs. Join Philip Crecfi Iir, Ik Pros !tarry Sprang Dr. h Tira. Conrad Clcsmnt llathanial Frothinj!ft= I,Ir. ?r tare, Henrys hill. Roy F. Rest Virginia J. Mdttaker Abbott R. Spencer Mr. firs. F. E. King lira, E. ll=t=-Qrahsm Mr. k Mrs. Henry S. Hoyt Yr..k t1ra. Frzmk C. H=Tlngtan lire. ?',elville T. Ilicholo Ruth La=nco Margusrito Priddy Itadeline CartArright I4r. -. }t-a. John Kear'y Mrs. John Shcphard Tim H. Q* Curtin Koin th H. Studley(vigned)