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HomeMy WebLinkAbout60 Broadway Decision 1406 01.05.1977r Filed with Town Clerk: TOWN OF YARMOUTH BOARD OF APPEALS JAN 5 1977 Hearing Dates__12/23176 Petitioner: Americo Poliseno Petition No.: 1406 60 Broadway West Yarmouth, Mass. DECISION The petitioner requested a variance and/or approval of the Board of Appeals to allow the construction of living quarters at the motel site and to change the original variance from 2 story to 1 story to be added on in the rear of existing units. These are to make a 2 bedroom effeciency unit instead of singles. All setbacks will conform to the original appeal of February 20, 1964, #667. Property located at 60 Broadway, West Yarmouth, Mass., and shown on Assessors map #12, lots 176 through 185. Also to allow the living quarters to be 23 feet from the lot line instead of the required 30 feet, still being in line with adjoining properties. Members of Board of Appeals present: DONALD HENDERSON ROBERT SHERMAN JOSEPH PANDISCIO THOMAS GEORGE HERBERT RENKAINEN LEE MARCHILDON It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those cwners of property deemed by the Boar( to be affected thereby, and that public notice of such hearing having been given by publication in the Cape Cod Times on 12/9/76 and 12/16/76, the hearir was opened and held on the date first above written. The following appeared in favor of the petition: Petitioner. The following appeared in opposition: None. REASONS FOR DECISION: It was unanimously voted to dismiss this petition without prejudice. Members of Board voting: DONALD HENDERSON — Voted to dismiss without prejudice ROBERT SHERMAN - " " " " It JOSEPH PENDISCIO " " " " It THOMAS GEORGE - " " " " It HERBERT RENKAINEN - " It " " it LEE MARCHILDON — " " " " " ROBERT W. SHERMAN Clerk TOWN OF YARMOUTH BOARD OF APPEALS OWNER: NAME: Americo Poliseno APPEALS #1406 ADDRESS: 60 Broadway, West Yarmouth, Mass. PETITIONER: NAME: ADDRESS: SAME BOARD OF APPEALS, YARMOUTH, MASS. This petition when completed and signed must be filed with the Board of Select- men, Yarmouth, Massachusetts, along with the fee of $20.00. PAID: 1. I, We, hereby appeal from 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. Decision of Selectmen. 2. I, We, hereby request the action checked below: I. Variance from requirements of Yarmouth Zoning By -Law. 2. Approval of the Board of Appeals. 3. A special permit from the Board of Appeals. To allow: the construction of living quarters at the motel site and to change the original variance from 2 story to l story to be added on in the rear of existing units. These are to make a 2 bedroom effeciency unit instei of singles. All setbacks will conform to the original appeal of February 20, 19f #667. Propety located at 60 Broadway, Vest Yarmouth, Mass., aria shown on Assessors map #12, lots 176 through 185. Also to allow the living quarters to be 23 feet from the lot line instead of the required 30 feet, still being in line wi adjoining properties. 3. Reason for the Board of Appeals action as checked below: I. Contrary to zoning by-laws as follows: 1. 2. 3. 2. Approval of Board of Appeals, or Special Permit requested under the following section of Zoning By -Law: 1. 2. Names and addresses of abutting property owners, and those persons deemed affected by this application. (At least three.) Signed Respectfully submitted TOWN OF YARMOUTH BOARD OF APPEALS Americo Poliseno December 23, 1976 Appeal No. 1406 Members present: Donald Henderson, Robert Sherman, Joseph Pandiscio, Thomas George, Herbert Renkainen, Lee Marchildon. The Chairman called the meeting to order and read the petition. All abutters were notified by Certificate of Mailing and the necessary correspondence was made in the Cape Cod Times and the Dennis=Yarmouth Register. Mr. Poliseno: I have no pictures or prints made up as yet. We want to extend the driveway, which shows on this plan, put a carport under and living quarter on top. The same front but go across the driveway. That is where we want the relief from the lot line. Mr. Pandiscio: You say you will have the same front and still extend the drive Mr. Poliseno: From the corner of the building to the lot line where the poles are, I can go out 231 and still be within 301 from the street. It will make it narrow living quarters. Mr. Henderson: From the base of the poles to the street is out how far? Mr. Poliseno: About 53'. The appearance will look the same. Mr. Henderson: You want to go 331 then? Mr. Poliseno: The same roof line and everything. We will put brick pillars. We will brick the pattern in the front, too. Mr. George: That has to do with the 23' setback. What are the other things? Mr. Poliseno: The other is a motel unit. There is one there now. I have a permit to go 2 stories. My variance then called for the rebuilding of the Englewood Motel. Instead of double decking, we want to go behind it. 30 some odd feet from the back of the building to the lot line. We have efficiency apartments. We want to put an extra bedroom in, making them 2 bedroom effieiencies instead of one bedroom. Same height. We will step it down a step in back. The same length. All masonary. 161 from the lot line. Mr. Henderson: That would be a front setback. Mr. Poliseno: It is all stockade fence. Mr. Henderson: It is a corner lot so you would have another 301. Mr. George: Then down to 161 on one side, 231 on the main building. #1406 Page 2 Mr. Poliseno: The original called for 201, I put it 30' on the other unit. It would make it a better unit by doing this. There are people behind us on Mass. Ave. Cost wise, it is cheaper to go out back than to go up. Mr. George: Adding any lavatories or just bedrooms? Mr. Poliseno: Just bedrooms. Mr. Goerge: Would these bedrooms have separate entrances? Mr. Poliseno: A sliding door in the back of each unit and one in the front. Mr. George: Would you abandon your permit for a double decker for this? Mr. Poliseno: Just for that part. My permit still called for 74 units. We have 36. Mr. George: 38 additional units to be on that part? Mr. Henderson: I have the plans from 1964. How many units did that show? Mr. Poliseno: 11. That was the first section of the Milan. The sewage is already in for all 74 units. Mr. Henderson: 1964 decision — said to rebuild what was known as Englewood Motel. Setbacks would be according to the plans. Where do the 74 units come in? What did this decision allow you to do? Mr. Poliseno: To do what was there when it burned down. I put the units in around the pool about 3 years ago. I built the whole thing. I bought the land after the fire. I bought it because I thought everything was approved for all units. All I am asking for is relief from the lot line for living quarters. We are now living in the motel office, and there are 3 of us. The other thing is, we could double deck the units but we want to just add one bedroom in back. That is a lot line relief, too. The whole area is fenced in. Mr. Sherman: Did you build this thinking you could go double deck? Mr. Poliseno: Yes. We have sewage for 39 units there in case we did add on. All the other houses there are in line and I may be back further than some. There are 16 units there now. Mr. George: Where did you live before you lived in the office? Mr. Poliseno: I commuted from Brockton. We have lived here for 12 years. Mr. George: Did someone else come in with the request? Did they come in and get the variance and you bought it as a package, built the first section, then the second section with the 16 units, or did you get a permit from Board of Appeals on that section? #1406 Page 3 Mr. Poliseno: No. I got the permit from the Building Inspector. Mr. George: I think these considerations tie in with the decision. Mr. Henderson: I wish you could come up with duplicate plans. It is hard to see what they mean. Mr. Poliseno: What if we caret find the plans? Mr. Henderson: Shouldn8t the engineer have copies? We can't tell you what you would do if we can't find the plans. Mr. Poliseno: I bought the land in 1964, the plans are here in this building. Mr. Henderson: Reading the notes of that meeting, they said 50 units all together not 74. 11 in the main building. Mr. George: We would be granting a variance from the setback requirements on the building from 30' down to 15.7' and 13.71. It is a corner lot. Has he petitioned and given adequate notice on it all? Mr. Henderson: They didn't say about the 30' on the 16 units. According to the ad, it says all setbacks will conform to the original appeal. The original appeal was 301, so the ad was wrong. Mr. Henderson: It is what the law on a variance is. If we give you a permit for something and someone challanges us, we would get sued. Mr. George: They may be correct if they challange and you would be knocked into 1978. Mr. Poliseno: I could double deck if anyone holds me up. Mr. Pandiscio: I think for your protection it would be wise for you to with— draw the petition and rewrite the petition. It would be the side line instead of the rear line. Mr. Henderson: We have a letter here from the Planning Board. They recommend the appeal be taken under advisement. Also a letter in file from Donald Phillips. Motion by Mr. Pandiscio, Mr. George 2nded, all in favor, to dismiss without prejudice. Mrs. Poliseno: Can we just do the living quarters? Mr. George: I don't think they can do one part and dismiss the second part. It is either all or none. Mr.Pandiscio: Since the plans cannot be found, is it possible to go back to the original firm that did them? Mr. Poliseno: I am doing that. Hearing closed. TOWN OF YARMOUTH OFFICE OF THE PLANNING HOARD SOUTH YARMOUTH. MASS_ December 23, 1 — Board of Appeals Town Office Building South Yarmouth, Ma. 02664 Re: Appeal #1406 - Poliseno Gentlemen: The Planning Board strongly recommends that this Appeal be taken under advisement until a complete and full site plan is submitted and reviewed by the Engineering Department, Building Inspector, and Planning Board; showing the existing buildings (number of units), setbacks, access drives, parking spaces, pavement, sewage, and present and proposed drainage. This plan is necessary before any consideration can be given to further construction or expansion of a non -conforming use. Sincerely yours, Y TH PLANNNI`NNG BOARD SALLY F. SILVER, CHAIRMAN SFS%jlw