HomeMy WebLinkAboutDecision 2098BOARD OF APPEALS
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Filed with Town Clerk AUG 2 8 �53� _ RECEIVED Hearing Date: 8/9/84
Petitioner: Barbara Ackermann ,g�� AUG 2$ A,IL: tition No.: 2098
15 Columbus Ave.
W. Yarmouth, MA TOWN OF YARMOUTH
DECISION TOWN OLERK & TREARKER
The petitioner requested a review of refusal of Building Inspector to take enforcement
action. Building Inspectors decision dated June 14, 1984. Property located on Town of
Yarmouth Assessor's Map #23-QIA.
Members of Board of Appeals present: Donald Henderson, Judith Sullivan, Les Campbell,
Dewitt Davenport, Ron Zimmerman.
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
Dennis -Yarmouth Register on 7/26/84 and 8/2/% , the hearing was opened and held on the
date first above written.
The following appeared in favor of the petition: Michael Ford, atty for petitioner.
Mr. & Mrs. Cohen, Ms Mills, Mr. Vandooren
The following appeared in opposition: Mr. Colman
REASON FOR DECISION:
This is a request to overturn the Building Inspector's decision of June 14, 1984, wherein
he decided that the snack bar, so called, at Hyannis Marine Service was operating legally
as an accessory use and that the changes made, plus the serving of alcoholic beverages
were not changes, alterations or extensions, which under the by-law would require Board
of Appeals action.
Petitioner and Hyannis Marine Service were both ably represented by counsel who both
gave an oral presentation as well as submitting memoranda. Various interested parties
spoke for and against.
After considering all of the evidence presented, a motion to uphold the building inspector
was made. This failed to carry as two members Henderson, and Sullivan voted against it,
while three members Davenport, Campbell and Zimmerman voted for it. Since there were not
four votes in favor of overturning the Buliding Inspector, his decision stands.
Members of Board voting:
Dan Henderson AGAINST DeWitt Davenport IN FAVOR
Judith Sullivan " Leslie Campbell it
Ron Zimmerman it
Therefore the petitioner's request is denied.
ner R. Singer
Clerk
TOWN OF YARMOUTH
BOARD OF APPEALS
�"'F-CF--I�Ir- T, &.
OWNER: NAME: Hyannis Marine Service Ltd. _ APPEi,,S #
Yarmouth, MA.
02673
ADDRESS: 11 Arlington Street, W.
PETITIONER: NAME: Barbara Ackermann
ADDRESS: 15 Columbus Ave. , W. Yarmouth, MA. 02673
BOARD OF APPEALS, YARMOUTH, MASS.
M"
This petition when completed and signed must be filed with the Board of Select-
men, Yarmouth, Massachusetts, along with the fee of
DATE; July 13, 1984
PAID:
1. I, I;ft); hereby appeal from decision of the Building Inspector and petition
your board for a public hearing on the action checked below:
1. Review refusal of Building inspector to grant permit.
2. Decision of Selectmen.
X 3. Review of refusal of Building Inspector to take enforceion. ent
2. I, We, hereby request the action checked below: ac
1. Variance from requirements of Yarmouth Zoning By -Law.
2. Approval of the Board of Appeals.
3. A special permit from the Board of Appeals.
To allow:
*Petitioner is appealing from a decision of the Building Inspectors
dated June 14, 1984 a copy of which is attached as Exhibit A.
Attached as Exhibit B is the letter to the Building Inspector which
prompted his decision.
Property is located on Town of Yarmouth Assessor's Map 23 ,
Lot QlA, attached as Exhibit C.
3. Reason for the Board of Appeals action as checked below:
1. Contrary to Zoning by-laws as follows:
1.
2.
3.
2. Approval of Board of Appeals, or Special Permit requested under the
following section of Zoning By -Law:
1. Secs. 1323(A); Sec. 1532, 175-2300 N8 and M.G.L. Chapter 40A,Secs
2. 8 & 15
Names and addresses of abutting property owners, and those persons deemed
affected by this application. (At least three.) Signed /��^\}` A/
F v_ f
Respectfully submitted
Mycock, Kilroy, Green & McLaughlin,PC Michael D. Ford, Esq.
Box 960, Hyannis, MA. 02601 771-5070