HomeMy WebLinkAboutDecision 1605 40 Whites PathTOWN OF YARMOUTH
BOARD OF APPEALS
Filed with Town Clerk:
Petitioner: Owners: d u
David R. & Jeanne Smith
153 Driftwood Lane
South Yarmouth, Mass
and Tenant
Jonathan Pierpont
d/Va Alter-nate Energy Works
�40 White t s Pat
nth a Mass.
Hearing Date: 9/27/79
Petition No: 1605
The •petitioner requested a hearing to review refusal of Building
Inspector .to grant occupancy permit because of refusal of Town
Engineer to sign off on said permit until parking and loading
requirements are satisfied. Property located at 40 White's Path,
South Yarmouth, Mass, and shown on Assessor's Map #86-T7, being
in the industrial area.
Members of the Board of Appeals present: Henderson, Oman,
Renkainen, Johnson and George.
It appearing that notice of said hearing: has been given by
sending notice thereof to the petitioner•and.all•tbase 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 Cape Cod Times on September 12 and September 19, the
.hearing was opened and held on the•date first above written.
t
.,The following appeared in favor of the petition: Richard J.
Cain, Esq., for petitioner and Ronald Murphy, South Yarmouth.
The following appeared in opposition: Steve Shuman for the
planning Board. -
Reason for decision: The Board felt there was justification for
Mr. Newton's actions if the situation was viewed and interpreted
as an installation of 2300 Square feet of asphalt on petitioners
property. The Board took notice however that the plan submitted
at the hearing casts doubt that there was installation on locus.
What someone does concurrently, rightly or wrongly on his abutters
property cannot be considered in the deliberations as regards a particular
lot or location. If one was to apply that standard, a concurrent
act on a further removed property would seriously impinge upon the
smooth flow of daily routine. The board felt that the question of
what, if any, remedy or sanction should be imposed for the instal-
lation of asphalt on Town property without permission is not within
the purview of this Board.
Page 2
The Board is pleased that the petitioner recognizes that a drainage problem exists
and has offered to construct two catch basins to alleviate some of that problem
and the Board took that offer into consideration in making its decision. The_
Board would require the installation on locus, lot 8, of two leaching basins at
least 6 x 6 with two foot of stone with appropriate frames and grates. Location
to be at the direction of the Town Engineer.' The plan offered does not create
a parking or loading problem.
Members of the.Board voting: Henderson, Oman, Renkainen, Johnson, George.
Therefore, the petition for an occupancy permit is granted.
No permit issued until 20 days from date of filing decision with Town Clerk.
ROBERT W."SHERMAN
Clerk