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HomeMy WebLinkAbout358 Route 6A Decisions 3872, 1319, 626TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: December 17, 2003 PETITION NO. #3872 HEARING DATE: December 11, 2003 PETITIONER: Joan Gilbreth dba The Barn & Company YARi .r 0t J T H TGAIN CLERK 2M3 DEC 17 PH 12: H 6 RECEIVED PROPERTY: 358 Route 6A, Yarmouthport, MA Map & Lot:123.026 (110/F4) Zoning District: R40 MEMBERS PRESENT AND VOTING: David Reid, Chairman, John Richards, Joseph Sarnosky, Richard Neitz, and Douglas Campbell, alternate. 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 to the public by posting notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. The petitioner seeks a Special Permit, and or modification of prior decisions, in order to replace an existing open deck/steps with an enclosed farmers porch style deck, on the front of their barn. The barn houses a gift -craft shop, pursuant to a Variance issued originally in 1963. (Variance 11626 (1963) and #1319 (1975) are incorporated by reference for the background of the site). The property is located in the R40 zone, and contains approximately 22,651 square feet of area. It contains a single family home and the barn The barn is non -conforming as to its use (by variance) and as to its side and rear setbacks. The proposed porch is shown on the petitioners plan, by Donald I. Myer, (sheet 1 of 1) dated 3/8/03 with revisions through 5/22103. It will be an open porch, no walls or enclosures of the sides. It will serve as a shelter for customers entering and exiting the building, or waiting for others within the shop. During the course of the hearing, issues arose as to the past development/alterations of the building. The original Variance forbade any alterations of the exterior of the building, yet it has modern windows and a residential -style door. In addition, there appears to have been no building permit issued for the existing deck. The origin of each predates the petitioner's ownership, in 1993. In addition, the petitioners have been displaying merchandise on the deck and around the front of the barn, in violation of the Variance's prohibition on outdoor display. The Board is not entirely satisfied with the prior alterations of the barn, in apparent violation of the Variance conditions. However, the Board is satisfied that the present porch addition may be allowed without becoming substantially more detrimental to the neighborhood, with certain conditions and limitations. Therefore, a motion was made by Mr. Igoe, seconded by Mr. Neill to grant a Special Permit, to allow the replacement of the deck with the proposed open covered farmer's porch, and, to the extent necessary to allow this one addition, to grant partial relief from condition #4 of the 1975 Variance (prohibiting exterior alterations of the barn), on the condition that; (1) except as so modified, the prior Variances and conditions remain in force and effect; (2) there will be no fiuther alterations of the barn without further relief from the board, (3) it is expressly made clear that no relief is granted from the condition #2 of the 1975 Variance, prohibiting any outside display of merchandise, including on the new porch. On this motion, the members voted unanimously in favor, and the Special Permit and partial modification of the prior Variance is granted. A second motion was made to allow the petitioners request to withdraw the alternate forms of relief requested in the petition, without prejudice. The members voted unanimously in favor of the motion. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL WA section 17 and must be filed within 20 days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein, the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw § 103.2.5, MGL c4OA §9) Unless otherwise provided herein, a Variance shall lapse if the rights,puth9rized herein are not excised within 12 months. (See MGL c40A §10) David S. Reid, CIerk TOWN OF YAMIOUTH =' BOARD OF APPEALS Filed with Town Clerk: 'JUN 3 f975 Petitioner: Richard.H. & Dorothy Barrows, d/b/a '► The Barfield's 358 Bain Street Yarmouthport, Massachusetts DECISION Hearing Date: 5/8/75 Petition No.: 1319 66f �t-e 0 - ; The Petitioner requests a variance and/or approval of the Boexd of -Appeals; to allow year round operation of an antique and gift shop. Original variance granted in 1953 specified "summer use". The Petitioner would like to change it to.read "year round". Property located at 358 slain -Street, Yarmouthport, Massachusetts as shorn on Assessors Map No. 110-A4. Members of the Board'of Appeals present: DONALD F. MMERSON .. DAVID ODIAN Y PHILIP DEMPSEY .. HERBERT RENAAINEN . THOMAS N. GEORGE It appearing that notice of said hearing.has been given by sending notice thereof to the Petitoner 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 Standard Times on April 21st and 28th, 1975 the hearing was opened and held on the date first above written. The following appeared.in favor of the petition: 1. Susan Coppelman, by letter The following appeared . in opposition: None REASONS FOR DECISION: . 1.Ir. Richard Barrows, one of the Petitioners, presented -his case for a variance. He stated that there would be no change in the use of the property. The barn on the property has a@full heating system and is presently used in the summer as an antique shop and gift -shop and Petitioners seek only to use the barn for this use year round instead of the summer months only. There was no request for any alterations to the exterior of.the barn or for a variance I from the sign code.+,The Barrows have ownedthe property for approxima.tely_18 months and their principal business is in antique { A'variance to use -the barn on this property for the sale of gifts and antiques was granted in 1963 in Appeal'No. 626. That ;�. decision limited the operation of the business to the summer months t only, and was further conditioned on the following: '.' 1. That adequate -off street parking gill be provided. ' 2. There will be`no outside display of merchandise. That any sign used twill conform to the zoning by-law. r There will be no change, structural or otherwise to the exterior of the barn. This business has operated on the locus for 12 years under varioua owners and there was no opposition to an extention to a t 'year round" operation expressed at the hearing. Consequently, the Board finds that the requested relief can be granted without substantial detriment to the public good. ,This'le a most limited type of business and the Board believes that the additional months of.operation will not in any way detract from the residential nature of; the area. The request for a'.variance to operate•a gift and antique shop r nyear round" in the barn located on this property is granted, but this is the only change that this Board is making in the terms of the original variance granted in Case No. 626. Petitioners must comply _ vath all conditions imposed by that decision as well as the conditions bereinbefore set forth. Members of the Board voting; DONALD F. HENDERSON - Voted'in Favor •PHILIP DE14PSEY _ ++ HERBERT RENKAINEN _ +_ DAVID 014AN THOMAS N. GEORGE - +� No permit Issued until 22 days from'the date of filing decision with the Town Clerk. TH014AS N. GEORGE Cleric r T M. OF YAWWWR BOARD OF APPEALS Filed with* Tatum :02erkt JUN i s. , 1963 Petitioners Patricia A. Olkkola Boating Date: May 269 1963 Petition #626 D$crsl 3se- A tr Gk `f P The Pe � tititaar re steel permit, to allow the use of the existing barn at 3% HaftSt.$ Atdo fd: Yarmouthporta for the sale of gMs,0 bando itemsq ate, Members of Board of Appeals presents Albert Be Hebb H. Stuart Ryder Eldredge Shalt Harold L. Hayes Jr, Robert Sherman It appearing that notice of said bearing has been given by sending notice thereof to the petitioner and all those omers of property deemed by the Board to be affected thavbys and that public notice of such hearing having been given by publicsti® in the Cape Cod Standard Time on April 25 & May 2' 19630 the hearing was opened and held on the date first above written.' . The folloeing'appoared :in flavor of the petitions Patricia Ao DIkkola Tatters received from the follawingt Gorham Pe & Judith No Homer • Frederick J. Thacber & Ruth 11, Thacher Deno & Mary Nickerson The following appeared in oppositions ' ti We •& 11roo Jobn Rogers Reason for Decisions It appeared that the property was of adequate size to take can of parking that may be used in connection with the proposed busimeso It appeared that thin vas a most limited type of business operation: and the petitioner would sell mostly hand -made items that vanld be a upplied by local people. ' it fbH�her appeared that ' the existing beta would not be changed in any tray and that here would -be no aatside displayo It also appeared there would be no mane which Would co nfl%t with the zoning by-Uvo The Bmwd felt this was a small type of bnalwas endeavor and in reality a type oUDO27 related to a home industrye It further appeared the business would be operated daring the summer months only. The Board Peels this is a limited type of operatifa and there would be no changes in the appearance of the barn and a hardship would exist to the petitioner if ft were denied this rognest. There was also evidence of a financial need and a finnmeial hardship would exist were this request not granted. The Hoard also finds -that where there Will be no outward change in the building the intent of the zoning by-Uv will ire substantially adhered to. It further found upon evidenco presentef that the public good sill not be adveraaU affected. Therefore the variance is graaUdo Memberai of Board votingt Albert E. Webb Ho Stuart Ryser Eldredge Shav Harold Le. Hayes Jro Robert Shorava Unn dmons in favor, Therefore# the petition for approval is grained and uo aatoriza a variance an the following ;conditions to That adequate off-street parking will be provided, a 20 . The busieeas will be conducted during the aunor months only, 3. Thera will be no outside display of merchandise. 40' That any sign used will conform with the zoning by w. 5o Thera will be no itructual change to the outside of the buildings We permit iaaued until 25 days from date of deoisiono Albart rtbb TOWN OF VARWVTM 'BOARD OF APPEALS jft=�tkwwrt PaMer■ A. eu,u". Number! Lkt `► all awrnnpesf orsp.rtlr deaed er. t Rawl, W 4 L nPiMela A. 04kela, a Main St. YPt. BHhtcf T. 7luehar, YPt. Amur R. & Kathryn M. Krm. Ypt. ,Jahn K. 13arenpart i Palmer sD realClCkJ.ARio U A^ "�� TOWN OF'•YARMOUTH. JrNUM it P. a. JwdM K Nemer , Yar ara here""�irsfMed ,hah. P.rrkta from A. O"If B has raAgpupee:red o allow Va an of ow Board of�fi. BOARD OF APP�A�.S Pamat=s R". tA, Yartnal:tnpW tar the fala of sift handmado tt.ma, etq SNOW as Atsasfara Map alla, PaM1 , YOU an here" notlfled that a t"htk A' eal NO. 626 PETITION APPEAL of tha-Tow of.. oa to savor ra .Maadiweth May 169 1963 ' on 1NuradaY. Mar ay ta116 , t!p at 7:70 P,m, I TM Publk la Nrlhd !4 marA Patricia A. Olkkola TOWN OP YARMOUTH BOARD OF APPEALS iruan� Ka"11h M• SlUdler C.lartr bers presents • . - naroZ3Z:`nayes Jr. Albert E. Webb Robert Sherman H. Stuart Ryder . Eldredge Shaw The petitioner., Patricia A. Olkkolas requested a variance from the Board of Appeals-to'ellow the use of the existing batn at 358 Main Rte. 6A, Ypb.-far'•the -sale -of -gift s,.hand-glade items,p etc. _ ` 1. ' ' ! • . • • ... . , W. Hans: Reads petition. States that publication Kos made and abutters were notified-by- certifiedmaile Calls on petitioner, Mrs. Olkkola: The petition speaks for itself. It is across the street from S�udleyts Concrete Workow On one side is a cabin and on theother,side..there was a gift"shop but the license lapped. There will be no change in the outside•appearance.:310 outside display: I possibly would have asign 2 x 3. No antiques. I have several letters from my neighbors who are in favor of this. Presents letters to Board. ti lea•. Ha ess Would there be any hardship to you.'id "this -'were • turned down? s. 0 co :" Yes;,.a••gteat deal: I need the ,money. When we bought the property it -was rri condi.tfon'and we have improved it. I have three small children so I Gantt go.out •and w6rk.•-I'donst`plan.to:•have any antiques because I can't afford it and I dontt know that muclt tbout t it.. .. xr:_ Aaess' • No changes? - • . - :.~ M s, - Olkkolas ' 'No changes'i •The ,barn' is about 250 o-back' from the road 'and I- Mould •have': .. p n y . _ parking:" • : r Hr:-W essThis :is basically for a sunader operation? 'This would -be 'a- limited type' of .c Ws:: Olkkola3 •That is: corect: Neighbors will contribute and put there. things: in the . barn: TE Sri • e hand -made gifts:..': ribs.'- Bohn'Ro rss I am in opposition to the permit for a -variance because. I 'think it -would eet the character of 6ka, • 'I thin orie 'businessleads to.another: • Assuming the petitionexL•: his place'to park the -cars there still going to park -on the',etreet and that.is a -very bad stretch. of road;:'' The --Fri* .Club -is -right there and -that would add -.to it and the' trafficd will be confusing. The fire station is- closeeby too and if cars ars.parked out on the road how is' the 4ire equipment. going to • manage.., When the cars are • park -there . for . voting it io • • . ---confused •f . . Edmund F7ruean: 'I am•a..abutter+and'ItH in favor of. thiBP as long as there isno neon sign. or outside changes. Mrs:..0lkkola: Ilhen the=Friday Club meets they always use my driveway to park and as far c -as nging.t stretch; there'are.•58'businesses•-in.the residential area.. Lawyers, dentist f doctors .insuranee,..restaraunt,- gas 'stations and many more. 'Yet there. i.s nothing to•ma)z you think' -there is' business there .becaus_e.'everyone 'had:kept:lt within keeping.-• I need. -some', money:an_d.thie'ip the way I can do it. Airs. Ro ers: 3-believe:.the -.businesse.s�mentioned were,before •zgKLIng. s. •0 slsola:.;•..The.properlry.trigs::is..iiext'-to.e;_that••p4rsaz•had••his business for about 12 yearn -•and. he,never_had•any-trouble:�••Studleys ciincrets.•have hugh trucks arm they have no trouble parkirig. Xr: Nayrest This petition will be ---taken -under advisements"and-•you will.be-notified. Hearing•_