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HomeMy WebLinkAboutDecision 950A 13 EA-%/1 TOWN OF YA1MOUTH %I0 a� BOARD 4P APPEALS � 7� Ul ad with Town Clerk: Q CT 2 7 1969 Hearing Date: Oct. 2, 1969 0titionez : Arnold, B. & Kicolm Ch ac©,Jr. Petition #950 DECISION j Je petitioner requested permit to: construct a 4.0 x 120 foot addition to the southerly side of the existing boat, sheds. Rembers of Board of Appeals sent: Harold Hayes, Robert Sberman, Howard Spurr, George Wil`te, manual. DiTiberY. 1 appearing that notice of said hearing has been given by sensli& notice thereof to the >eti.tioner and all those owners of property deemed by the Beard to be affected thereby, and that Ab:lic notice of such hearing having been given by publication in the Cape Cod Standard Tres in 9/18/69 and 9/25/69, the hearing was opened and held an the date first above written. 'he following appeared In favor of the petition: Ray Gaffey, Wallace C. Idberty, Ira DIEbtr wont, Anthony J. BlKani. `he following apperred in op osition: Ebrothy Burns, by letter, Alan S. Cohen. ',Eason for deciei= :�t appeared that the petitioner was the owner of the Hyannis Marine Service located along the Vanni.s Harbdr, the property of which is partially in the Town of Yarmouth and partially in be Town of Barnstable. by 'et:i tioner suhmitted the following pans W ch wore considered the Board of Appeals: There was a plan prepared by the Carps of Engineers which showed the facilities currently .aed by Hyannis Marine Service. There was an overlay which UAica.ted visually, the size of the roposed addition. Plans were oubmitted which were disigntaten 0janni.s Marine Service Division of Krine 'evelopment Co. Proposed Addition to Beat Shed Scale V = 201, Soptember 1969a which showed the ayout of the proposed addition and the relation it had to the existing boat shop and railwz uilding. . There was a separate sketch designated "Byannis Wine Service -- Division of NArine Flevelop ent Co. -» Proposed Boat Sheol Addition" which showed elevations. This plan was dated Sept.1969. he Board noted that the jannIs harine Service is operating as a non-conforiping use. t was confirmed at the hearing by residents in the areal as well as the potiitioner, that this stablIshment was well under way prior to the adoption of zonig3in the TaKn of Yargnuth. t is noted that insofhr as tho taiaUhi.ngs are concerned, these have been relatively .few changes a the portion of the premises that is in the Town of Yarmouth subsequent to zoning. There have een changes which have been relatively minor and did not charge the overall use of the promises. he Board nbtou that the area has deveYfed rwW that the HyannJ5 shins Service is catering to he evergrowi.ng boating needs of the area.. he Board motes than the zoning by-laws of the Town of Yarmouth in apea,king of non conforming ses, which is Section V, s;wAiZs of change for extension of non -conforming use to be changed to any se not substantially different in character or mare detrimental or objectionable to a neighbor - Dad. t appears that, this is an extension of a. non -conforming use and the Board considered whether or `9501 Page 2 tot the use would be substantially different in character from the use that existed at the ,ate of zoning. The Board finds that it is the anact see use other than the normal growth that Lao been occasioned over the past 20 years since: zoning was adopted. !he Board inquired as to the present use of the area, which would be used for the addition to the goat shed and Finds from the evidence presented at the hearing that it is currently used For iutsids storase and that there are miscellaneous types of equipment in this area that are used .n connection with boating. :t appeared that moot of the boats im tha area Mould. be stored its the proposed addition. `he Board, after full discussion and based upon the evidence peesented at the hear :Leg, finds .hat the proposed use will not be any more detrimantal or ob jectionalle to the neighborhood. `he Boar does note that there wil,l be some modificatbn of the: vier of a, few .residents. in -dais sense, it is objectiosabl.e to these: people. However, insofar as the neighborhood as ancerned, the use will be substantially as it was before and. the Board is of the opinion Vat this use is not objectionable to the neQhborhood. Urefore; the petitioner's raq eat is granted and p+atitioner is authorized to conotruct a P x 120 foot addition to the: southerly side of the boat shed at the Hya,nniv Krine Service. [ambers of Board voting: Harold Myes, Robert Sharman, Howard Spurr; George Waite, Ehmanuol Miberio. All voted in favor. 'he refors, the petition for approval is granted and the Board authorizes an extension of a ton -conforming use in accordance with this deci aion. (o parymit iesued until 20 d ys from date of filing decision with the Town CIO. F=,nuel MiTiVera.o Aoting Clerk