HomeMy WebLinkAboutDecision 520 168 South St 12.15.1960f TTM M YA-.UMUTil
BABY) OF AIMALS
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Ma....5.20*.....
Dated..%:e :.15, 10,960
�a r�cx�xa�
1 This is potition for approral, of:
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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
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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=
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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:
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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
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nambers of Board votings
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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)