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HomeMy WebLinkAboutDecision 592TOM OF URTIOUTH B G1ARD QP A i' '-EALS Filed with T� CZesks C -Jr 1 7 1Q3 Hearing Dates atober !g 1962 Petitioner ' Clarenee Dgrntrenont Petition Numbers 592 Decision U This is an appeal from the decision of t� Selactron refusing parmit to `� ar petition for approval of The petitioner requested peayrnat to- Construct and operate a floating small. dock with intent to rent these dock slips to small boat owners at 12 Arlington Streets Hyannis ]'ask' Hyannis,, Masao Members of Board of Appeaia . present s Ao Harold Castonguay Paul Webber Eldredge Shaw Alex Catto Kenneth H, Studley It appearing that notice of said hearIng has been given by ,ending notice thereof to the petitioner and all thou owners of property deemed by the Poard to be affectood theraby,, and tha public notice of such hung having been giVen by publlicat-Gon in The Cape Cod Standard Time on 9-8-62 " 9©15-&f, the hearing was opened and held on tb., date first above written, The following aapLxaibed in favor of the petitions Dlarenre DIBntremont Mr, Menucchi Mwa , Platani Mona Spetelunas The following appeared in oppositions Atty, Henry GMO representing f�yannis Park Civic Aart.csation,, Mr. Edwin Bearse.0 letter 3n opposition* Mr6 Benjamin Hulley. Reaacon for Decisions There was no eviderm presented at the Searing that indicated that this pared of .and was unique or different 3n any my from other r-esidential lots in this aarea. It also appeared there vas no evidence of a substantial hardslhLp to the petitioner in the event this was not granted,, Aloog it did not ap°-,x�aax° in evidence that the intent of the zoning by-law would be a3ubstantially adhered to were this request for a variance favorably acted upon by the Board of Appeals, Therefore, the Board was of the opinion that under tempter 40A of the Genera. Lawns,, iddch sets forth the authority of the Board of Appea'li to grant a variance, that the petitioner has not presented and proved the requested matters that am necassary refore the Board has authority to grant a variance,, - I The Board finds that there was not a hardship to the petitioner and the Board farther finds thw the intent of the zoning by-law would not be substantially fol-l�ed in the event this variance► ewers grantedo Members of Hoard votings A, Harold CaastonUuay . � ;. - no Paul Webber no Eldredge Shaw no Alex Catto no Kenneth Ho Studley no Therefore, the Petition for AV Vroval $8 Aeniasde decisiono Unasnimoua in uppositi ono No permit iss ti sd until 3.5 days from date of Wnnnnth R_ Sleirll.ntr_ Mewl- LONGITUDINAL SECTION CA L r S-0 Lr fj R 0 SOW M u, SL Coo E,98 E � Fcal�A Q N r Fir I n F 1 1_-r 1 p AARNST49L 2 Q 0 1 032 � 0 YA MOB H SeU N PI 15 HI'ANly1.4 PA R r t! Y � K L V C co 9 1 r 2500 V SEE HY4NIWIS 0uA_0RANGLE SfR+FSCHAA U M 4 a LCO M,gA?`p 9 0CH 7 ROy oe. 8Nf 7. 'p ANENT 3 kce R. ( Co ' 1 p pP �10 C0•YD,, - �F S LIP-F! 1931 M.H.wTAKEN ft o / �(� FROM OEPT PU LIC WORK• O L' NA � o 2 �� �SCQ"M HULLEY v LUMgUS NNJS Mq� E. PLAN "ALF FEET 0 1 -6o 60 TYPICAL SECTION A -A ISC A I£ FEE T ,V ,Y MHWJ. ,�� al- 24r P O F 1 E PLAN ACCrMPANYING PETITION OF CLARENCE E. D'ENTREMONT AND AGNES D'ENTREMONT TO BUILD A TIMBER PII'R,RIP-RAP, DREDGE AND SOLID FILL IN HYANNII S HARBOR TOWNS OF BARNSTABLE AND YARMOUTH COUNTY OF BARNSTABLE,MASSACHUSETTS SCALE AS SHOWN 1960 31, ? °a P�ANAC:.O1670 � t 4ayfS R w 4 �u ID; • L•9REN O �cnm HYAHV/S,s5TNTREyalvT ? S S �o qz .; �V � Qa H CL Ro ra y NN/F o O C o0 HY RL1N90 coROS 2,y �4vai NNlS M SS Q ' QQ MEAN RANGE OFTIDE 3 i Reference- elevations Ore in feefandlenth and show di lances above the plane of mean lowwater, minus figuresare soundingsondshowdepths belowthesomepione !! ' MR; OF YARLOHTH B0.'%R.) OF E:'PL1tiLS PETITI31IM: Clarence D'Entremont j Dd33 �: 592 List all owners of property deemed affected by this petition: Vence D'Dntremont 101- Arlington Ot. Hyannis, Mass om G. Chase a/b/a 1-kirine Development 731 Hospital Trust Bldg. Providence 3, R. I. r jamin M. Hulley 12 Columbus Ave. Hyannis Park, 1-1yannis, Mass VCerio Soccorso 10 Arlington St. Hyannis, Mass 09mas J. Bour-et 27 Arlington St. Hyannis, Hass jAn W. Felanson Box 291 So. Dennis, Mass You are h-reby notified that: Clarence D'Entremont has requested a variance from the Board of Appeals to construct and operate a floating small boat dock with intent to rent these dock slips to small boat owners at 12 Arlington: St., Hyannis Park, Hyannis. Massachusetts Division of Waterways, Permit 41,26, dated 20 March 1961 was recorded with the Registry of Deeds for County of Barnstable on 5 Larch 1962. Shown on Assessor's i.ap 16, Parcel. A2-1 (Specific plans will be submitted to the Board of Appeals if approval is ;ranted.) You are hereby notified that a public hearing will be held in raspeet to tIds 'TITRI�'.'r -.Z atY�e 'i,-Office in South Yarmouth, Iassachusetts on 'piers ay, 0A&VV r V 2 a p.m. The public is invited to attend,, 1jOA1 J OF APPEUS Clerk March , 1964 Board of Appeals Town of Yarmouth South Yarmouth, Mass. Gentlemen: On October 4, 1962, Number 592, Clarence D' Entremont appeared before this board and stated his case. At that time several abutters spoke against the variance. At a meeting of the Hyannis Park Civic Association the forty property owners present from the Hyannis Park area voted to oppose the permit or variance requested by Clarence D'Entremont, 10 Arlington Street, Nest Yarmouth, for a small boat dock. On February 17, 1964, the Board of Directors of the Hyannis Park Civic Association met and voted to oppose this appeals petition #670 for the following reasons, together with written letters from the property owners in the immediate vicinity: 1. There is no right -of --way for access to the proposed small boat dock over the petitioner's land. 2. The only access suitable to this small boat dock would be over the land owned by the Hyannis Marine Service. 3. Houses on Arlington Street are very close together, requiring most of the autos to park on the street. It is so congested in the summer that police and fire laws require parking on one side only. There is not adequate parking now and therefore there would never be room for additional autos and boat trailers. 4. Mr. Hulley, the closest abutter, will be deprived of the use of his beach and water area for his own boat. It would be an imposition. The water area between Mr. 0 Pg. 2 Hulley's property and Hyannis Marine Service is just too small an area to squeeze an additional boat dock. 5. The question could be asked, "What is a small boat?" and haw soon will it be dredged for larger boats? Who will determine that all these adjustments will be within the zoning laws as written? 6. The majority of property owners did not object to the establishment of the Hyannis Marine Service a few years ago as they were to use the boat building that had been there for many years. At the hearing for the establish- ment of this business, the owners promised the property owners that they would beautify the grounds and build- ings and that there would be no food or liquor sold. Since this hearing this company bought the Roberts' property adjoining the Marina and have developed the water front. Are not requests necessary for extension of non -conforming use? Enforcement seems to be lacking. This is brought out to show that once a permit or var- iance is given, there is no end to expansion. 7. If this small boat dock is granted, Mr. D!Entrement could sell his interest to the Marine Service for an extension of their business. 8. The Town beach, "Bay View Street Beach," is only a few hundred yards away from this Marina, and it is the con- sensus of opinion that there are Enough boats in the area already. It won't be long before this beach could be polluted if additional boats are brought in. Pg. 3 9. The beach for the children is more important than the financial gain of any person or company. it has been a long hard struggle to build up this beach for our families, and it is going to be protected from pollution. 10. The property owners in Hyannis Parr are opposed to any further extensions of commercial enterprises or to any new commercial enterprises. 11. Property owners, both retired and working, have invested many thousands of dollars in their homes, having faith that our zoning laws meant what they say - "Residential." Very truly yours, Edwin H. Bearse, Pres. HYANNIS PARK CIVIC ASSOCIATION ,r- Clarence E. D'Entremont CX,JV ;& Agnes D'Entremont T�.`�T�ild oZ BOAJ?D OF APPEALS t7 D4 YAMDUTH, LASS, This petition when completed and signed must be filed faith the Bid of selectmen2 Yarmouth.9 Masachus etts v 20 August 1962 vie hereby appeal from decision of the Building, Inspector and peti.tien your Fx rd for a public hearing on the action checked below: 10 Revi.ew ref ial, of Building Inspector to grant permit, 2. Decision r,f Selectwno 2, tle hereby requesi, the action cheeAced belowt X 1e Va3riasce fiord requirements of Yarmouth Zoning By -Lair 20 Apprc rra►l of the Doard of Appeals 3o A s )ecial permit from the Board of Appals A Constructing and operating a floating small boat dock wk%*41Went to rent these dock slips to small boat owners Q P �X-4. � L _ Chusett.s Division of Waterways, ]rermit �% 4426, dated 20 Mash 1961 was recorded with the Registry of Deeds for County of Barnstable on 5 Wrch 1962. (Specific plans will be submitted to the Board of Appeals if approval is granted.) sho-sm on the Attached plan. 3p Reason for the Board of Appeals action as checked below: This area is considerdd a residential ,X In r'�� tO Zoning By-laws as f t7�.a.£3119 2.,. 30 v ..arnra 2,, Approval of Board of Appeals, or Spocial Permit requested under the Mowing section of Zoning By Law: 20 Names and addresses of abutting � ad�he ersv and those per =dmed MOby �y this application (at Least three � ` �1 Resioectfully subi3.tted: