Loading...
HomeMy WebLinkAboutDecision 288 Yankee Villagee Town of Yarmouth October 15, 1953 ' BOARD OF APPEALS N1Y. 2$$ DECISION This is an Appeal from decision of Selectmen v +� refusing permit to: Robert I. and Louise C. White The. Petitioner requested permit to allow. the lot..of..lan.d located..b.e.tween..Casa..Barbi..and the residential zone to a business 1750 House...whiob..ia..known...aa..Yanken,-Village,..to. .be changed. from. a ...%ona- so that- a--motel•-business--e-an be --conducted. fontrary to the zoning by-laws, �c . Members of Board of Appeals present. - Present Harold Hayes Elwin Coombs Stuart Ryder Alexander Catto Kenneth H. Studley It appearing that not.ive 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 Cape Cod Standard Times on ........ , the hearing was opened and held on the date first above written. The follon ing appeared in favor of the�C Appeal: irr. Dasey represented Mr. White. The following appeared in opposition to the 140dddmmxx Appeal: Reason for Decision: This petition requests that the business location knoim as wrankee Villagell be changed from residential to businese.14 This is beyond the power of the Hoard of Appeals. The Hoard only having the power of variance. Further, inasmuch as a motel is being conducted on the pies at the present time, the Hoard is Mable to determine what the appliaaut wishes, if he wishes to enlarge the motel, the Hoard Wind not feel justified in so doing, since it is aamimed that he mould have to enlarge it by going up on what was formerly the marsh on gill Cove, and if that is the situation, ouch lead is not buildable, in that at extrome high tides, it would be covered with rater. Further# in the event such land was useable for kuilding purposes, the wise of the same was not sufficient to warrant wq additiomml esteaaion. No perinit issued until 15 days from date of decision. er1< TOWN OF YARMOUTH : • • 2' • 07U R Robert White. Appeal No. 288 October 15, 1953• The petitioner requested permission to allow the lot of land located between Casa Barbi and the 1750 house which is Imawn as Yankee Village to be changed from a residential zone is a business zone so that a motel business can be conducted. Members appearing in the Board of kopeals: Harold L. Hayes Jr. Elwin W. Coombes H. Stuart Ryder Alemander Catto Kenneth H. Studley Those appearing in favor of the appeal: Mr. Casey represented Mr. White Those appearing in opposition: Hone Harold Hares: If the petitioner is present I would like to hear what he has to say? William Casey: I am here to represent im Mr. Robert White. Mr. mite s been conducting a very nice business in the present location for the past four years and it consists ct five units with two apartments. These units are heated in such a way that if anyone should just want a room he Would have to heat the entire unit and it is expensive. He wants to build to one of the present units and connect another unit with single rooms or in other words have a motel. In the early spring and Fall he would like to be able to rent these rooms and heat just the room that is being occupied. Also as a hardship I would like to point out that should mWene come and want just a room it is impossible for him to rent just one room and it is necessary for him to rent the entire cottage. As a matter of fact people seem to want the motel@ and several have added to their already established places which is what Mr. White would like to do. I feel in asking to make this into a business district it really is surrounded with business. Casa Barbi Restaurants, 1870 House is an apartment, Fruitland and across the street Cape Cod Laundry, Strom Villa and various other places of business. Because these places are spot zoned I feel Mr. White is making the same request to be spot zoned. Mr. White has pointed out that this Board has granted similar requests for motels. The buildings are going to be attractive and in no wny detrimental to the area. Harold Hayes: Does the Board have aV questions? J. Albert Bassett: I dontt see any objection to allowing him to have a TOWN OF YARMOUTH Appeal No. 288 page -2- motel in that particular neighborhood. It seem to be all business around him and the motel business is a coming business, no use fooling yourself an that scare. Lawrence Barbi: T have no objection to his haying a motel. Harold Hayes: We have a zoning bylaw whichsays differ6ntly. Your point is WeTI takw. We have asoning by]Lfiw and we must abide by that. We had a me6ting asking the residents of Yarmouth if they wanted to turn Route 28 into a business district and they voted it down. 9tmsen Baker: We lived on Route 28 prim to Boning and we Want to keep it res n . Elwin Coombs: When we voted the zoning bylaws all the places that were established a were spot zoned for business. That was in 1946. Harold !Lane: V there are no fwther questions we will declare the hearing c ose . Af BOARD OF AP 77 U-03 101,OUTH, I`ASS. This petition when completed and signed must be filed with the Board of Selectmen, Yarmouth, Mass. To the Board of Appeals, Yarmouth, Mass. �Qee. 2 . lg I hereby appeal from decision of RE Selectmen and petition your Boa for a public hearing on the act checked below. Review refusal of Selectmen to grant permit. Variance from requirements of Yarmouth Zoning By law. to allow: fhEt lit or z o h ,ems S a ehnre ji lQt7 d ,Located ,bcewe eh CAs. BRyf i fro�4Scr (Irrjv,,,/^_ rqS Y. an)0-0, 'V').)la .� d f ive t7? �'L 1/e S I d PF,tr a 1 2 at /'7'Jo -e-P f b ct sl n �e S`S Can shown on the attached elan: Names and addresses of abutting property owners& and those persons deemed (at least three) affected by this application. Respectfully submitted, Name !.._, ,address _ %24e This petition request■ that the business location known as "Yankee• Village" be changed from residential im business". This.is beyond the power of the Board of Appeals. The Board only having the power of variance. Further, inasmuch as a motel is being conducted on the promises at the present time, the Boarded Able to determine what the applicant whes. If he wishes to enlarge the motel, the Board would not feel justified in so doting, since it is assumed that he would have to enlarge it by going up on what was formerly the marsh on Mill Cove, and if that is the situation, such land is not buildable.in that at extreme high tides, it would be covered with water. Further, in the event such land was useable for building purposes, the size of the same was not sufficient to warrant any additional extension;