HomeMy WebLinkAboutDecision 1336TOWN OF YARMOUTH
BOARD -Of APPEALS
C; T Filed -' 9/11 /75
�� with k'`-�Y;°. NOV � 7 19 � Hearing Date:
Petitioner: Leonard Rose Petition Flo.: l 6
11 Arlington Sic.
Hyannis Park, Mass.
9ECgSION
The petitioner requested a variance and/or approval of the Board of Appeals
to allow the renting of space can the second floor of the building at 11 Arlington
St., Hyannis Park, by Leonard Rose, attorney at law, for the purposes os a law
office with par ti cul ar emphasis can admiralty and mar-i tine law, in existing office
space. Property on Assessors map #P,3-Q]A, being in a residential area.
Members of the hoard of Appeals present:
- PHILIP DEMPSEY
ROBERT SHERMAN
DAVID OMAN
HERBERT RENi AXNEN
JOYCE SEARS
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 8/28 and 9/11/75 the hearing was opened and
held on the date first alcove written,
The following appeared in favor of the petition:
Petitioner
The following appeared in opposition;
By letter: Mr. & Mrs. Long, Margaret Long, Mrs. Phil Wain, fir. % Mrs.
Benjamin haulley. Present: Mr. &Ctrs. Bill, Mr. Wordell, Miss Belcher,
Mr. Harrison.
REASON FOR DECISION:
The Board, prior to snaking this decision, reviewed Appeals Nos. 423, 424,
Ii8o, 650, 950 and 1269, all of which deal with the same parcel o+ land which is
the subject of this Appeal. Where relief was granted in those cases, it is clear
that prior Boards intended only to allow an expansion of an e;isting boatyard
which had operated on this site prior to the enactment of a zoning by law for the
Town of Yarmouth. The permitted expansions dealt with such things as expanded
parking for the boatyard and larger boat storage sheds. tinder Section 18.08 of
the present by law this Board can permit a change in a non conforming use '1ji"s i cij
`Petftion No. 1336
2.
is not substantially different in character- or more detrimental or objectionable
to a neighborhood.
The petitioner is an attorney who rented an office -from the present owner
of the marina. he was unaware of the zoning requirements prior to signing a
lease.
Locus is zoned for residential uses and a law office is only permitted if
a variance is granted by this Board. The Board does not believe that it can
approve a law office on this site as an extension of a non conforming use: and
consequently must apply the criterion applicable to the granting of a variance.
The Board does not find that the Petitioner- demonstrated any substantial hard-
ship. There was much opposition expressed at the hearing to any change of use
or expansion on the premises. The Board does not believe that the public good
would be served by allowing professional offices on this site and believes that
this land should be limited to marina uses as outlined in prior decisions of
this Beard.
Therefore, the request for a variance and/or approval to allow the renting
of space on the second floor- of the building at 11 Arlington St., Hyannis Park
for a law office is denied.
Members of Board votings
PHILIP DEMPSEY
ROBERT SHERMAN
DAV I D OMAN
HERBER T RENKAINEN
JOYCE SEARS
VOTED NOT IN FAVOR
�r
FF
per Robert, Sherman
Clerk, Pro tern