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Home My WebLink AboutDecision 213 07.03.1952,'O.Tiq OF Y,,,LrL�Tii BoAa of ArpEns IIuly 3, 1952 iio . �i3 DECISIOri This is an Appeal from decision of Selectmen refusing permit to: The Cape & Vineyard Electric Company RX The Petitioner requested permit to...office building on- •••••••..w.hic11 was ro;4sed because it is ......................... .......................1TT.,........... contrary to the zoning by—laws, in that... a. business n a residential area Tegl�iie5.b�.$ppx4Y$�.o,bha Board of, Appeals: Members of Board.of Appeals present: Present Elwin Coombs Fred Angus Harry Robinson 8c Alexander Catto John E. Harris It appearing that notice of said hearing has been given by sendinm notice thereof to the Petitioner and all those o;,mers of property deemed by the Board to be affected thereby, and that public notice of such hearing having been given by publication in the Cape Cod Standard Times on.... �hilA. M.,. ;L93?? ............... the hearing was opened and held on the date first above written. The following appeared in favor of the >bcb¢tdona:;-:x Appeal: Henry Smith, Attorney for the Cape & Vineyard Electric Company - 2 - The following appeared in opposition to the Petition: None Reason for Decision: Decided benefit for Torrn. Members of Board Voting. Elwin Coombs Harry Robinson Fred Angus Alexander Catto John E. Harris Therefore, the Petition for Approval is grated, Appeal and we authorize a variance to.... The Cape ,and Vineyard Eleetriq Company . . . . .. . ... .. . . . . . . . . . . . .. ... . . . . .. . . .. .. . . . . . . .. .. . .. .. .... .. . . .. . . . . . ... . . .. ... . .. ..... ..... .. .. . . ..... .. . .. . . ..... .. .. ... .. . . .. . . . on the following conditions, viz: ... ... . . .. .. .. ... 0 ... .. . . . .. .. ... . .. . . . .. . . . . ...... ... ... .... . ... . .. . . . . . . ... . . .. .. . . . . . . . . ... . .. ... .. .. .. . .. . .. .. ... . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . .. . . . .. . ... . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. ... . . . . .. .. . .... . ..... ... .. ... . ...... .. ....... .. .. ... . . No permit issued until 15 dwys from date of decision. Clerk TOWN OF YARMOUTH BOARD OF APPEALS Appeal No. 213 This is an appeal from decision of the Selectmen refusing permit to the Cape & Vineyard Electric Company to allow the construction of general office building on west side of Willow Street, Yar- mouth, which was refused because it is contrary to the zoning by-laws, in that a business in a residential area requires the approval of the Board of Appeals. Member of .the Board of Appeals present: Elwin W. Coombs, John E. Harris Alex Catto Fred M. Angus HArry Robinson The following appeared in favor of the approval. Henry Smith, Atty for Cape & Vineyard Elec Co. Mr. Kelsey, Yarmouth Camp Grounds The following appeared in opposition. None Henry Smith: This petition concerns the westerly side of Willow Street in the Town of Yarmouth. It is right at the Barnstable Yarmouth town line and all of the construction is to be on the northwesterly side of the present railroad tracks. The present growth of the -property is sc Ub land with some larger trees, and it is proposed to clear the area, and as indicated on the plan of construction to build a general office, which will house the general office for the convenience of the general public in Barnstable County, which you will agree will be far more convenient that the situation at the present time. There will also be a garage and stock room attached with a rail- road siding to the stock room or warehouse to facilitatet: getting supplies when the emergency occurs* lie believe it will be very mach more convenient to have all the supplies in one place. The Company have been looking for just such a location and would build immediately but find there is a little litigation about one small parcel of property, which they are straightening out at the present time. We propose to have a structure of brick and mortor and something that will be very advantageous to the Town. In no way will we create any.offense to the neighborhood by emission of odors, ft#es, dust, smoke, V ibration, or noise or other cause. It is not proposed to build on the southeasterly side of highway. At the present time we do not intend to do anything with it. The Yarmouth Camp Ground is at the north zZ and we are not contemplating building near there. We feel that it will give Yarmouth several hundred thousand dollars in rax revenues, what with excise of the TOWN OF YARMOUTH BOARD OF APPEALS Appeal No. 213 cont 2 There will be no generation of electricity and nothing offensive will be in the neighborhood. Elwin Vt. Coombs: You have heard Mr. Smith for the Cape and Vineyard Electric Company speak, does anyone want to ask any questions of Mr. Smith relative to this petition. Thomas Matthews: You propose to build beyond the railroad tracks and across the siding. `'chat about signs. Henry Smith: As for the signs we will have just the size that conforms with the town ruling. Fred M. Angus: When does the Company intend to start the construction of these buildings. Henry Smith: As soon as material and supplies are available. As I said before we are straightening out a little difficulty and as soon as that is cleared we wintend to build, but I really can't say just when that will be. Elwin 17. Coombs: If there is nothing more to say regarding this petition we will call the hearing closed. "O'. , OF Yk, %X;U; IiC411HD OF P1'-;Ai:"' I,o . 213 GKaCr:i 7f property dep'n-,i f'•;:•ted by this pet:.l..i.('Cl. Cape & Vineyard Electric Company, 396 Main Street, Hyannis; Benjamin Baxter, Hyannis; Yarmouth Camp Ground Association, Inc., c/o Edmund D. Kelsey, President, Main Street, Rutland; New York, New Haven & Hartford Railroad Company, South Station, Boston. : ou are :�erQluy roLified that „The,Cape.&.vineyard. aectric. Company ha, ............................ al,pealed from decision of the Town of Yarmouth r=fusing permit bui�dipg 54. .�54,.ga�'ag�.and teoto.c,}aclrglogmw .ztheconstruction of general office o9.�:Jq,ind,auxiljary building .cf.144.x.�54.q�.�rg�p.�#d�,Willow,Street,�Yarmouth,and,to.use.a portion �AF�laneogs,bulk,storages,pol..... ago.and railroad siding, and the conduct of electric business, except generation. You are hereby notified that public hearing will be held in respect to this 5zti-Id= at the Town Office in South Yarmouth, Appeal kinssachusetts, at ......... %;30,p:m:t.ThursdaJu],yo?1.195?.� u .. . . . . . . . ... ... . . .. . . .. .. ..... .......... .. .. . ... ... . ... :. . The LUblic is invited to attend. TOZ OF YAItIiOUTH BOARD OF AFP.US Per Clerk NOTARY NISUC TELEM/ONK HYANNI. 110 HENRY F. SMITH COUNSELLOR AT LAW E.E MAIN STREET HYANNIS. MA88ACNUSETTY June 5, 1952 Board of Selectmen Town of Yarmouth South Yarmouth Massachusetts Gentlemen: Enclosed please find Appeal of Cape & Vineyard Electric Company from your Decision dated April 30, 1952, which is filed in duplicate, together with plan and my check in the sum of $10.00 for the entry fee of the Pet— ition. Will you please have seasonable notice given to me of the date of assignment of this matter for hearing, so that I may make arrangements for the attendance of Officials of the Petitioner Company to give test— imony in this matter. hf s; sme enc. 2 C Sincerely, Henry t BOARD OF APP.AIS YARI.OUTH, IUSS. " This petition when completed and signed must be filed with the Board of Selectmen, Yarmouth, Mass. tune %I/ .19 52 To the Board of Appeals, Yarmouth, Rase, Cape & Vineyard Electric x hereby appealsfrom decision of the Company. z* Selectmen and petition your Board for a public hearing on the action checked below. .,Review refusal of Selectmen to grant permit. Variance from requirements of x Yarmouth Zoning By lawd to allow: construction of general office building 50 x 150, garage and stockroom 200 x 150 and auxillary building'of 100 x 150 on West side Willow Street, Yarmouth and to use a portion of premises for miscell- aneous bulk storage, pole storage and railroad siding, and the con- duct of electric business, except generation. shown on the attached plan: Names and addresses of abutting property ownersi (at least three) Benjamin Baxter, Hyannis,Mass. Respectfully submitted, Yarmouth Camp--Cround Association, Inc., c/o Edmund D. Kelsey, Name Cape i paa3z President, Main Street, Rutland, B Massachusetts rest en an neral Manager New York,*New Haven & Hartford HyannisMassachusetts Railroad Company, South Station, Y _ , B Massachusetts NOTARY PUSLIC . I• 'A TELEPHONE HYANNIS 116 HENRY F. SMITH COUNSELLOR AT LAW EAS MAIN STREET HYANNIS, MASSACHUSETTS Board of Selectmen Town of Yarmouth South Yarmouth Massachusetts Gentlemen: April 25, 1952 In behalf of Cape & Vineyard Electric Company, a corporation duly organized under the laws of the Commonwealth of Massachusetts, and hav— ing a principal place of business at Hyannis, Massachusetts, I hereby 41 respectfully make application for permission to erect on a certain par— cel of land formerly owned by Matthews Crowell Hallett and situated on the Westerly side of Willow Street in Yarmouth, the following described buildings or structures: A two story brick construction office building, 40 % 80 feet to be used for business and administrative offices, in connection with the bus— iness of said utility company. Warehouse of wood and brick construction, one story, 40 % 50 feet. Garage for the storage of twelve motor vehicles, of wood and masonry construction, 48 % 60 feet. hf s; smc Respectfully, �C--APEb VI YARD ELE TRI COMPANY By/ Attor