HomeMy WebLinkAboutDecision 424TOWN OF YARMOUTH
No.
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DECISION
This is an appeal from decision of v= w4alaim - =tor
refusing permit to: HVIM, rAaVKat �'*
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The Petitioner requested permit to........... kw.c sim......—......................wo D s€w, 30 W Include Off atr
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v4*h was
facj,lit Ucatrxa ai .Asgieso9 Hap P.3*QAr
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contrary to the zoning by laws, in that $r ''6� -, .2 a d` Ca or �� of a
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Members of Board of Appeals present:
Present Abl�
1k"Id ftue
Paul �hg*Kw
1Ua"wi r C+atto
K,3I e W h R. 3uuncy
It appearing that notice of said hearing has been given by sending notice thereof to the Petitioner and all
those owners of property deemed by the Board to be affected thereby, and that public notice of such hearing
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havingbeen given b publication in the Cape Cod Standard Times on
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the
hearing was opened and held on the date first above written.
The following appeared in
favor of the l
Appeal:
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The following appeared in opposition to the Petition:
Appeal:
Reason for Decision:
See other side.
Members of Board Voting:
Harold Hayes
Alexander Catto
Paul Webber
Letters in opposition
Mrs. Henry Burns
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Stuart Ryder
Kenneth 11. Studley (unanimously in favor)
Therefore, the is granted,
Appeal
and we authorize a variance to.......great....:Ehe..PXPV-',5iQks...QX-Se.o.tim.5.,..Zaragrapi
of the zIning by—law to allow the extension of present Facilities to include off stree
paxking,.A construction of repair storage buildings„& other allied facilities.
on the following conditions, viz:
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No permit issued until 15 days from date of decision.
.......................Kenneth.. jA..St3jaey ........
Clerk
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BOPRD OF APPEALS
Y.'RMOUTN, MASS.
T! Li petition when completed and signed must be filed with the
of Selectmen, Yarmouth, Klass.
au 19 5$
I. I V'R horeby appeal fro -a 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. I WE- hereby request the -action checked below.
{ � Variance f�om. +rMMeaulr.oments J.i.Y:.iaLmw2U.�'wh �2n i.na.Jr L:jaa
(3) A Special Permit from the Board of Appeals
to allow. Extension of present facilities to include off street
parking, addition to present building wid other allied facilities.
shown on the attached plan.
3. Reason for the Board of Appeals action as checked below:
(1) Contr^ry to Zoning B11r-.lai%,s a.s fo1.1ovjs:
1
2
3
(2) Approval of Board of Appeals, or Special Permit
requested under the following section of Zoning
By -lave.
11
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Names and addressed of abutting property owners, and those
persons deemed affected by this application (at least three):
Catherine Murray ca/0 John McGinley 1 Willow St,, Hyannis, Mass
9ben W. Roberts 14 Arlington St (Hyannis) West Yarnouth, Mass
Respectfully submitted,
Name Marine
Address 777-
8 Russo Road
Hyannis park, Mass.
19 June 1958
C?iairman, Board of Appeals
Town of Yarmouth
South Yarmouth, Massachusetts
Dear Sirs
We are residents and tax -payers of the Town of
Yarmouth, and would like to be recorded as very much in
favor of the Marine Development Company building a
marina at their location on Arlington Street, Hyannis
Park, Massachusetts.
Very truly yours,
�/L1Q e.rn 5
Walton H. Jenkins
Emma M. Jenkins
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TOWN OF YARMOUTH
BOARD OF APPEALS
Appeal No. 423 & 424
June l9th, 1958
The petitioner requested permission to allow extension of present
facilities to include off street parking, addition to present building
and other allied facilities located on Arlington Street which was refused
because under Sec 5 of Par 2 a change or extension of a non..comforming
use requires the permission of the Boardof Appeals.
Members of the Boardpresent:
Harold Hayes Kenneth Studley
Alexander Catto Edward Rich Jr
Paul Webber Stuart Ryder
The following appeared ih favor:
Atty Knight stated his case, Mr. Whitney, James Woodward
Warren Cook, Mr. & Mrs. Daly, Mr. Eassella, Mr. Tufts, Mr.
Hemeon, Mr. Boucher, Mr. Platani, Mr & tars. Burlingame, Albert
Whitehead and many others.
The following appearedin opposition:
Lcettersi.n opposition
Mrs. Henry Burns
Harold Hayes: I will read a letter I received on this petition. Dr.
Charles Aaskwith and Bertha L. Shine are opposed to this variance.
If the petition is represented I would appreciate hearing from him.
1r Knight: I represent the Marine $evelopment Company. I would like
to have the easel brought a little nearer. The first petition relates
Yo the addition to the present building. The addition would be 16 x 60
with addition place for parking. Two thirds of this property is in
Barnstable ar2d one third in Yarmouth. For the other building 5% is in
the Town of arnstable and the rest in Yarmouth. This is very valuable
property and it is obviously not suited for the developing of houses.
This is an ideal location for za marinna. The The State Department gave
their consent to the Hyannis Marine Service. This is a 1/4 million
dollar job that is going to be very 7peneficial to the Toim of Yarmouth.
They have elabaorate plans for the buildings, and it is really going to
be a beauty spot when it is completed. We feel it will be an assesst
to the Tot. of larmouth.
Mr. Copithorn: Will Mr. 1Lnight please show us where the Town of Yarmouth
comes in.
Mr. Knight: Just about the middle of it.
TOWN OF YARMOUTH
BOARD OF APPEALS
Appeal No. 423 and 424 p,
Harold yea: This building on the left of the picture is the proposed one
and it will straddle the Town of and and the Town of Yarmouth. I
believe there is an appeal pending in the Town cfBarnstable for this same
site.
Mr. Platani: What are they going to do with the land that is vacant now.
Mr Knight. Just parking.
Mr. Bearse: What is the height of that building?
Mr. Whitney: The building is so planned so that the people will have a view
of the water. The top of the proposed building will be about the height of the
present buildingsp across the street. The people will have a vista through several
buildings.
Mr. Woodward: This is a very simple issue. The Toim of Barnstable has granted
a building permit. According to your zoning laws you have to keep sax feet from the
line. This is something that is very much needed. I hope you fellows will give
this variance.
Mr. Cook: I an glad that JJrother Woodward and I have the sa,.e idea. The Federal
Government Army Engineers are spending in the neighborhood of $283,000
making a one hundred foot wide channel. We have had many requests from Power
Squadrons for accommodations.for 22 and 18, but we have no place for tYem. We
are very much in favor of the boat business for Cape Cod.
Mr. Holley: Granting of this permit will not include food or liquor I understand. It
Mr. Copithorn: Would this lead to further encroachment on property and land
in Hyannis Park. Could some one come in for a commercial purpose.
Mrs. Burns: I object to this variance because I feel it will make quite a bit of
noise all day long and into the night.
Mr. Daly: I am in favor of this varian ce .
Mr. Casselia: I too am in favor of this petitioner.
Mrs. Hulley: We are year round people and I feel this boat house so close would
decrease the value of our property. There are times when we hear a great deal of not
Mr. Boucher: The engines on that boat had not teen running very well and a man came
down Arom General EJ9aducte Motors to give the boat a complete check. That would
not be a common occurrence.
Catherine Murray: We have lived there 40 years and we have round the boat people
very lovely neighbors, and we feel that the people coming in a are as good as
the Crosby's. We have not been bothered. We are in favor.
-Mr. Godfrey: I am in favor.
TOWN OF YARMOUTH
BOARD OF APPEALS
Appeal No. 423 & 424 pge
Mr. Hemeon: I am in favor of the Marinna. We are not vieing one town against
another and we are very much in need of this kiarinna. It will serve the people
coining down for boating very well I believe.
Mr. Daly, Mr. Tufts, Mr. Platani Mrs. darks, and Mrs. Burlingame are all in
favor. The following also are in favor:
Mrs. Caraso, Mr. Boprgett, Mr. Mrs. Roberts, Richard Cox
Albert Whitehead, J-!r. Hulley, Mr. Housman, Warren Legeyt
Thyra Carlson, John Lander, Mr. Perry, D. Parrot.
Harold Hayes: If there are no further questions I will declare the hearing
closed.