HomeMy WebLinkAboutDecision 1587Filed with Town Clerk:
TOWN OF YARMOUTH
BOARD OF APPEALS
A_ J 3 1
Petitioner: Hyannis Marine Service, Ltd.
11 Arlington St.
West Yarmouth, Mass.
DECISION
4.
Hearing Date: 8Z2/79
Petition No.: 1587
The petitioner requested permit to allow the use of snack bar to continue
operation. Property located on corner of Willow St. and Arlington St., West
Yarmouth, Mass., and shown on Assessors map #23 and 16-01A.
Members of Board of Appeals present:
Robert Sherman, David Oman, Thomas George, Herbert Renkainen, Morris
.Johnson.
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 Cape Cod Times on July 25 and August 1, 1979, the hearing
was opened and held on the dare first above written.
The following appeared in favor of the petition:
Mr. C Mrs. Alan Cohen, Michael O'Neill, Thomas Hully.
The following appeared in opposition: ..
Ralph Thaleen, Mr. Spetalunas, Mrs. Banike, Mr. Neilson, Mary Benson,
Mrs. Charles Hanelow.
Reasons for decision:
It appears from the records that the use of a portion of the Marina premise
as a snack bar can be traced prior to 1958 when this Board dealt with this
property in Appeals #423 and 424; therefore, it appears that the snack bar
exists as a non —conforming use.
Since petitioner is merely re —locating the snack bar to a newer facility,
further back from its present location and since by leveling the present snack
bar building, he will be making internal travel a possibility. Also, since
the new facility will be smaller in size, have fewer seats, new septic system,
and continue to use paper service, the Board finds this change of a non —conform—
Petition No. 1587
Page 2
ing use. Location meets the requirements of the by --law. Therefore, the
request is granted with provision that paper service continue.
Members of Board voting:
Robert Sherman, David Oman, Thomas George, Herbert Renkainen, Morris
Johnson.
Therefore, the petition for variance, approval or special permit is granted.
And we authorize a variance, approval or special permit to allow the use of
snack bar to continue operation. Property located on corner of Willow St.
and Arlington St., Kest Yarmouth, Mass.
No permit issued until 20 days from date of filing decision with Town Clerk.
ROBERT W. SHERMAN
Clerk