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Home My WebLink AboutDecision 2184J TOWN OF YARMOUTH BOARD OF APPEALS Filed with Town Clerk: JUN 2 4 1985 RECEIVED Hearing Date: 4/25/85 Petitioner: Joseph R. Crimmins Petition No.: 2184 1 Highland Street IS3� Jilt! 21� (ii 2 IE West Yarmouth, MA 02673 jCl'ii! CF Y.,RlOUTN DECISION TOtdii CLERK & TREASURER `pw o The Petitioner requested a variance and/or approval to allow an existing building in an industrial zone to be setback 21' from the street sideline were 30' is normally required. Being Lots 2 & 3 shown on Assessor's Map#64 as parcel S2. Members of Board of Appeals present: Donald Henderson; Moe Johnson, Judith Sullivan, James MacNeill, Fritz Lindquist. 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 Register on 4/11/85 and 4/18/85, the hearing was opened and held on the date first above written. kr. The following appeared in favor of the petition: Bill Weller. The following appeared in opposition: None. REASON FOR DECISION: Petitioner requested a variance to allow an existing Building in an Industrial Zone to remain 21' from the side line of Industrial Park Road, rather than the required 30'. A Plot plan by Low and Weller dated March 11, 1985, was submitted. The Building was built many years ago prior to the requirement of plot plans in connection with Board of Appeals.petitions. Industrial Park Road is a paper street. The Board finds that it would serve no useful purpose to require strict compliance with the by-law at this time. Therefore, the request for variance is unanimously granted. Members of Board voting: Donald Henderson, Judith Sullivan, Moe Johnson, James MacNeil Fritz Lindquist. No permit issued until 20 days from date of filing decision with the Town Clerk. Myer R. Singer. Clerk TOWN OF YARMOUTH BOARD OF APPEALS Minutes for Hearing #2184 Dated: 4/25/85 Petitioner: Joseph Crimmins Members of the Board present: Donald Henderson, Judith Sullivan, Morris Johnson, James MacNeil, Fritz Lindquist. The chairman called the meeting to order and read the petition. All the abuttors were notified and the necessary correspondence was made in The Register. Mr. Bill Weller, represented Mr. Crimmins. Mr. Crimmins had a tenant in the building who moved out last year. Mr. Crimmins then got a new tenant for the building. One of the things that came up when he went to get the permit was that the addition that was put on the building by the previous tenant was in violation, the setback. The addition was put on without Mr. Crimmins knowledge. He was not aware that it was being done and now find that there was not a building permit for the building. Mr. Henderson - When was the addition put on? Mr. Crimmins - About 6 or seven year ago. .: Mr. Weller - The previous tenant was a Masonary Co., it is on Higgings Crowell Rd. `I•t is further North than the new Industrial Park. Mr. Henderson - The addition was built without a permit? Mr. Weller - Right. Mr. Henderson - The only non -conforming is the set back? The rest of the building is proper size? Mr. Weller - When it was originally constructed. The original building was. Mr. Henderson - There is no corespondence in the file. Mr. MacNeil - No questions. Mr. Lindquist - Are there other buildings near there? Mr. Weller - Yes, Lot 1 contains a building, Western Electric. The addition is 24 feet, that is 4;tml structure from the side wall. The dash line is a roof overhang. He must have had outdoor storage under that. The addition is was about 44 feet back except for that little projection. Mrs. Sullivan - No question. Mr. Johnson - What was built without the permit? Mr. Weller - Described the project on the plan. The current tenant has occupied the building with the building inspectors knowledge. They will have to vacate if we don't win this appeal. They are there at their own risk. They have also done substantial improvement to the property at their own risk. They were in a situation where they had to come into this building at that particular time or cancel their arrangement with Mr. Crimmins or start looking elsewhere. Mr. Johnson - How vital'is this eligal addition to the new tenant? -2- M �� Mr. Weller - The roof overhang is probably not vital. The projection of the structure houses their office area and bathroom. The Board of Health asked that before they occupied the building that they would put plumbing in. The remainder of the building is for pipe storage. Mr. White - This was done before this situation of setback was found. Mr. Johnson - My concern is for the future development of this area. Mr. Henderson- To audience. - No questions Mrs. Sullivan - Are the new tenants planning to use that outside area? Mr. Weller - I realy can't answer that question. He has secured the yard area, they are in the pipe supply business so that they will probably handle pipe that will be delivered to the Cape then onto whoever they are suppling, TAKEN UNDERADVISEMENT Mr. White - There was a permit for the addition but there was a stop work order put f on it. Issued to Drywall Masonary Supply dated 7/11180 Stop.work order on 11/22/77. 91 Mr. MacNeil - Motion to grant Variance Mr. Johnson - Second. CARRIED UNANIMOUSLY I F LED 14: .6L19J5_ �-- 55� ± ... ... ,.v .... �. ... E.XIST04 GO i HFE2GIAL" .BLDG. 0 po-T p LOT ` •4_.:: p .3 .'ROOF. 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