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HomeMy WebLinkAbout60 Broadway Decision 1412 01.27.1977Filed with Town Clerk: Petitioner: Americo Poliseno TOWN OF YARMOUTH BOARD OF APPEALS DECISION Hearing Date: 1127177 Petition No.: 1412 The petitioner requested a variance and/or approval and/or a special permit from the Board of Appeals -to allow the construction of owners living quarters at the Hotel site, by extending the present 2nd story to the southwest over the exist ing driveway so that upon completion, the building line will be 23 feet back from the front property line, instead of the required 30 feet. New construction to be in line with abutting houses on Broadway and Maine Ave. Also, to allow construc- tion of an additional bedroom to each effeciency unit in the building which is now situated on the northeast side of the lot which fronts on Massachusetts Ave., and as a result thereof, the setback on Mass. Ave. would be 14 feet as opposed to the required 30 feet. Property located at 60 Broadway, West Yarmouth, Mass., and shown on Assessors map #12, lots 176 through 185. Members of Board of Appeals present: ROBERT SHERMAN DONALD HENDERSON HERBERT RENKAINEN LEE MARCHILDON AUGUSTINE MURPHY 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 Cape Cod Times on 1112177 and 1/19/77, the hearing was opened and held on the date first above written. The following appeared in favor of the petition: Petitioner. The following appeared in opposition: John Newton, Town Engineer, Eleanor Brenner. �By letter, Donald Phillips. Reasons for decision: Petitioner appeared and submitted a sketch plan dated December 7, 1976, showing the 2 proposed additions to the Englewood Motel. The first request is for a 2 story addition to the existing 2 story building which runs north and south parallel to Maine Avenue. This addition would be 23 feet from the sideline of Broadway and from 16.1' to 16.61 from Maine Avenue. The first floor would be Petition No. 1412 Page 2 a carport and there would be a 2 bedroom apartment on the second floor for the owner's living quarters. The addition would follow the lines of the existing 2 story building and the southern facade of the addition would be in line with the building situated on the west side of Maine Avenue. This is a request for a variance in that the proposed building would be closer than 30 feet to both Broadway and Maine Avenue, locus being a corner lot. Petitioner stated that he had been living in the motel and that it was too expensive to continue to heat the entire 2 story building during the winter when only a small portion was used for his immediate family's use. The Board grants petitioners request to construct a carport with a 2 bed— room apartment above it, the construction to be no closer to Broadway and Maine Avenue than as hereinbefore set forth and as requested in the ad. Further, the apartment shall not be rented, but shall be occupied by the owner and his immediate family only. The Board next considered the second part of petitioners request which was for a variance to extend the existing units which are parallel to Mass. A\e. to within between 15.7' and 16.7' from the strett by adding a one story addition to the rear of the building. Petitioner alleged that if he was not given this relief he would add a second story to these units under the authority of Appeal #667, dated 1964. This Board asked for and received an opinion from Town Counsel as to the present effect of that decision and the effect of subsequent appeals #701, 713, 826 and 1406, all of which concern this property. Town Counsel concluded in a letter dated January 31, 1977, that the right to add a second story to this building had ceased without a further appeal to this Board. In the Board's opinion, no hardship was demonstrated. It would be cheaper and more convenient to add on in the requested manner, but that is all. Further, Petition No. 1412 Page 3 the proposed setback would be only about 2 that required by the by—law and there would be substantial detriment from the intent and purpose of the by—law. Finally although Petitioner disputed this, the Board believes larger units mean more people and more congestion in a residential area and consequently the public good would be adversely affected. Consequently, Petitioners request to add to the units parallel to Mass. Ave. to create 2 bedroom effeciency units is denied. Members of Board voting: DONALD HENDERSON ROBERT SHERMAN HERBERT RENKAINEN LEE MARCHILDON AUGUSTINE MURPHY — Voted in favor of living, opposed to additional unit _ II 11 11 II 11 11 11 11 II _ 11 11 11 Ir Ir 11 II II II 11 IF 11 11 11 II II II FI _ 11 II 11 11 II 11 11 FI FI No permit issued until 22 days from date of filing the decision with the Town Clerk. Robert W. Sherman Clerk Americo Poliseno TOWN OF YARMOUTH BOARD OF APPEALS Appeal No. 1412 January 27, 1977 Members present: Donald Henderson, Robert Sherman, Joyce Sears, Herbert Renkainen, Lee Marchildon, Augustine Murphy. Mr. Poliseno: I have brought an aerial shot of the setup. There is a fence all along Mass. Ave., 30' from the corner of the building. We want to extend the drive and put a carport there and put our living quarters over it. It will not go higher than the main building, will follow the same roof line, maybe lower. Broadway is a 50' road. We will only be 23' from the street instead of 309. We will be in line with the next house down. On the original permit, I could have gone 10' from the street, but I didn't. That plan showed an L shape in the back, I didn't do that. The land on the side here is just dirt. We are not bringing any more people in - the most we can sleep is 5 in each unit. We want to give more privacy, but will still sleep the same amount of people. There is only one bath in each unit, only 16 units in this section. We had original plans for 39. We won't touch the fence or trees. Same roof line. It will be 2 steps down to give us the height. We will pour slab and carry the same roof line. The living quarters is a hardship right now. The electric bill last month was $1100. Being in the front of the building, we can control the people coming and going. Mr. Renkainen: This permit calls for 2 stories and you don't want to have that now? Would you be willing to say you won't put 2 stories if we grant this? Mr. Poliseno: I don't want to eliminate that original plan, no. If I put a second story on this one side, it will spoil the water view for the other ones. From the lot lint to the back of the units, I will be 141. It will still be classified as 16 units. Most of my business is families. Mr. Sherman: You wouldn't agree to restrict your second story for this? Mr. Poliseno: I don't want to restrict it but I probably won't build a second story on any of it. Mr. Henderson: Do you have any additional information to present? Mr. Poliseno: No. Mr. Henderson: We have the rest of the material and we will have to deliberate on it. Mr. Renkainen: The only question we had the last time was the way it was written - the way the ad was written. Mr. Henderson: There is correspondence - Planning Board recommends this be taken under advisement until a site plan is reviewed by the engineer's Dept. and Planning Board. Donald Phillips, opposed. Petition #1412 Page 2 Mr. Poliseno: In the 14 years I have been there, there hasn't been one complaint from any of the neighbors. We even invited them up to see the place at one time. We do not cater to unmarried couples. The lounge usually closes at 10:30, 11:00 because they have families. In answer to the Planning Board - you have a full site plan from Eldredge Survey, the Building Inspector has been up there maybe about 12 times since I have talked about doing this. You have a copy of the exist- ing units, showing setbacks. If I go by the setbacks of the original hearing, I wouldn't even be in here tonight. It calls for a 10' setback. I didn't go 101, I went 30' from both sides. Mr. Newton: He said "prior variances" - what was that? Mr. Henderson: It was a very brief decision, 1964, #667. The members were Harold Hayes, Stuart Ryder, Howard Spurr, Alex Catto & Ken Studley. Mr. Newton: That last statement, the sideline requirement was 30', the building is some 10' from the street. Street sideline has always been 301. That is front set- back. I would like to see the present site plan. That site plan doesn't show disposal of storm drainage, parking, sanitary facilities. Where did he get this plan? Kr. Poliseno: From Mercer. Mr. Newton: Does this plan represent the building as it exists now? Mr. Poliseno: It is where it is now, it is back 301. Mr. Newton: Then this old plan does not represent what is there today. This doesn show the parking, etc., this new plan. Under 18.10, 6, site plan review. 18.11, parking and loading requirements, also. I would like to be recorded in opposition to this appeal. The property has been intensified in use, by putting a story over top of the pool. There is a serious water problem down the street, the low point on Broadway. A considerable amoynt of water comes from the property. I am speak- ing as Town Engineer. If you grant this, I would request it be granted with proper site plan presented, and drainage. Mr. Polisano: Does the Board consider this a site plan? I would like to know so if it doesn't, I can get one. Mr. Newton: Should also show proposed topography and existing, and parking. Mr. Poliseno: He says there is a water problem. That is not my fault or problem. The Town paid to have a drain put in for the water and it doesn't work. I was down there Tuesday with a pick and axe and shovel to get the water out. The Fire Dept. was up there and they didn't do anything. None of the other side has been to into consideration for parking - I can take the fence down, there is about 30' the The building he said didn't conform, the one with the indoor pool. I had a cover on it. Where do I put storm drains? I didn't do anything different. There is als a problem down the other way. Down the end of Pine St. is the same thing. This doesn't all come from our property. Mr. Henderson: He says the by-law says all storm drainage has to be contained on your property. You are here for a specific request - we will limit it to just that, a Petition #1412 Page 3 Rene Fraser: My question is, you keep referring to 1964 — did that plan then include his present proposal? Did that have anexpiration date? Mr. Henderson: It was a different proposal, did not limit it to any time. The plans were dated May, 1963. Mr. Fraser: If it had an expiration date, it would be different. The setbacks at that time could be the same now. Mr. Henderson: Sometimes we do impose time limits. In 1964 things were a lot different than they are now. Mrs. Brenner: I have been a proud resident in town for 30 years. I own 2 homes, i at 72 Mass. Ave. and i at 73 Mass. Ave. I plan to rebuild at #72 within the next 3 months, private residence, high priced. I am opposed to adding these units and private home there for the reason that if this is allowed, I feel all the residents in the area should be allowed efficiency units for income property pro— portionate to the size of the lot. Many people in the area have tried to add one little kitchen and couldn't. I speak for others because of personal reprisal that trey fear. Mr. Poliseno: We are not adding efficiency units — we already have them. We will have the same 16 units, only double room instead of single. Hearing closed. Board of ARPeals 1/27/77 ##1412 The petitioner oequested a variance and/or approval and/or a special permit from the Board of Appeals to allow the construction of owners living quarters at the Hotel site, by extending the present 2nd story to the southwest over the existing driveway so that upon completion, the building line will be 23 feet back from the front property line, instead of the required 30 feet. New construction to be in line with abutting houses on Broadway and Maine Ave. Also, to allow construction of an additional bedroom to each efficiency unit in the building which is now situated on the northeast side of bheeilot which fronts on Mass. Ave. and as a result thereof, the setback on Mass. Ave. would be 14 feet as opposed to the required 30 feet. Property located at 60 Broadway, W. Yarmouth The Board grants petitioners request to construct a carport with a 2 bedroom apartment above it, the construction to be no closer to Broadway and Maine Ave. than as hereinbefore set forth and as requested in the ad. Further, the apartment shall not be rented, but shall be occupied by the owner and his immediate family only. The second part of petitiorers request which was for a variance to extend the existing units etc. was denied. TOWN OF YARMOUTH OFFICE OF THE PLANNING BOARD - SOUTH YARMOUTH. MASS. January 26, 1977 Board of Appeals Town Office South Yarmouth, Ma. 02664 Re: Appeal #1412 - Americo 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 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, YARMQ[)TH PLANNING BOARD 'Z'5� Z SALLY F. SILVER, CHAIRMAN SFS/jlw HAROLD L. HAYES, JR. JOHN Q CRENEY WILLIAM F. BUTLER III MICHABL J. HAYES JOHN CONATHAN. 11 PAUL F. SNYDER ROBERT L. FLEISCHRR OI COUN89L Donald F. Henderson, 776 Main Street Hyannis, KA 02601 HAYES eL GR5NMY ATTOItNEYS.AT-LAW, P. C. HYANNIS PROFESSIONAL. CENTER 29 EAST MAIN STREET HYANNIS. MASSACHUSETTS 02601 Esquire January 31, 1977 PHONE 77840060 775.0096 AREA Coos 617 Re: Petition of Americo Poliseno - Board of Appeals No. 1412 Dear Mr. Henderson: You have indicated that the petitioner has applied for two separate variances, viz., one pertaining to the required 30 foot front yard setback in connection with a proposed addition to an existing motel building on Broadway, West Yarmouth, and the second pertaining to the required 30 foot front yard setback regarding a proposed addition to an existing motel building on Massachusetts Avenue, Test Yarmouth. The requested Broadway variance would allow construction 21.6 feet from the street line; the requested Massa-.,- chusetts Avenue variance would allow construction 15.7 feet from the street line. The petitioner has apparently indicated that in the event of denial of the Massachusetts Avenue variance, he will add a second story to the existing ?Massachusetts Avenue motel building under the purported authority of the decision of the Board in Peti- tion tto. 667 filed with the Town Clerk on March 17, 1964. You ask whether the petitioner is authorized under the decision in No. 667 to add a second story to the existing motel building on Massachusetts Avenue. I have reviewed all of the decisions of the Board in Petition Nos. 667, 701, 713, 826 and 1406. The petition in No. 667 was dated and filed with the Board on January 21, 1964; the hearing was held on February 20, 1964. The petitioner at that time, Hotel Englewood, ' Inc., requested a special permit to allow rebuilding of the Hotel Englewood which had been previously destroyed by fire. Included in. - the files of the Board is a set of building plans comprising 8 pages anti de')icting a two-story building containing 11 guest rooms, a cocktail lounge, a kitchen and a coffee shop. It is not clear from records of the Board as to whether any additional plans were filed at the time of that hearing. I understand that at the time of hearing Petition No. 1412, the petitioner submitted to the Board a plan alleged to have been filed in 1964 entitled "Preliminary Sketch of :'n° Doaald r. Henderson, esquire --2- January 31, 1977 Propcsed Englewood Motel & Motel -- 50 units in west Yarmouth, I•lass. for Francis H. Kelley Scale_ 1" = 20' February 10, 1964...". The decision of the Board refers to the plans comprising 8 sheets noted above; the decision of the Board does not refer to any additional plans. The Board voted to grant the special permit in accordance with the plans. it is not clear, however, as to whether the grant was for the 11 unit building only or for 50 units. in a decision filed with the Town Clerk on November 4, 1966 in Petition No. 826, the Board voted to grant the request of the peti- tioner to change his building plans from two --story construction to single -story construction and to add a sundeck 100 feet in Length. A sketch in the Board of Appeals' file indicates that this request pertained to the motel building on Massachusetts Avenue. Based on this review, it is my opinion that the petitioner no longer has, as a matter of right, the ability to add a second story to the existing motel building on Massachusetts Avenue, but rather, that such second -story construction would necessitate the grant of an additional special permit from the Board of Appeals prior to the issuance of any valid building permit. Very truly yours, John C. Creney Town Counsel JCC/ne Enclosures cc: Mrs. Joyce Sears, Secretary Hoard of Appeals Board of Selectmen TOWN OF YARMOUTH BOARD OF APPEALS OWNER: NAME: e��" ADDRESS: 6 PETITIONER: NAME: ADDRESS: BOARD OF APPEALS, YARMOUTH, MASS. APPEALS # 1�11pA This petition when completed and signed must be filed with the Board of Select- men, Yarmouth, Massachusetts, along with the fee of $20.00. DATE: / 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. /k/0 7 q�`""�` 2. Decision of Selectmen. 2. I, We, hereby request the action checked below: 1. 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: 3. Reason for the Board of Appeals action as checked below: 1. 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 R ectfully submitted � 5 t You are hereby notified that: the petitioner requests a variance and/or approval of the Board of Appeals to allow the construction of owners living quarters at the Hotel site, by extending the present 2nd story to the southwester over the exist- ing driveway so that upon completion, the building line will be 23 feet back from the front property line, instead of the required 30 feet, new construc- tion to be in line with abutting houses on Broadway and Maine Ave. Also, to allow construction of an additional bedroom to each efficiency unit in the building which is now situated on the northeast side of the lot which fronts on Aft Massachusetts Ave, and as 0" Yn&w a result thereof, the fimma set back would-be 14 feet as opposed to the required 30 feet. Property located at 60 Broadway, West Yarmouth, MA and shown on Assessors map #12, lots 176 through 185. TOWN OF YARMOUTH BOARD OF APPEALS May 24, 1977 Mr. Americo Poliseno 60 Broadway West Yarmouth, Mass. Dear Mr. Poliseno: Appeal No. 1412 In accordance with General Laws, Chapter 40A, Sec. 18, there is enclosed herewith a Notice of Variance. The form should be recorded by you at the Barnstable County Registry of Deeds to indicate that the property involved has the benefit of a variance or special permit or approval, as the case may be. Very truly yours, Donald Henderson, Chairman, Board of Appeals DH/js Enclosure THE COMMONWEALTH OF MASSACHUSErTS YARMOUTH ....... I ....... ............. ....... CttV 0*,rowN BOARD OF APPEALS ................................ ............ 19 77 NOTICE OF VARIANCE Conditional or Limited Variance or Special Permit (Central Laws Chapter 40A, Section 18 " amended) Notice is hereby given that a Conditional or Limited Variance or Special Permit has been granted Arne r i co Po I i seno To ............................ ............................................................. ............................ Owner or Petitioner Address ................... 6-0. - B r o a -d,w a Y.. .. . ........ . ...... ................. .. .................................. ..................................... West Yarmouth, Mass. City or Town.. ......... ........................................................................................... ........................ ............................................... A.!u.Q.SaQ r A. . Ina P-J. 1.2= ELUL ................ ............................. Identify Land Affselad ................................................................................ ...................................................................... City Yarmouth by the Town of .............................................................................. Board of Appeals affecting the rights of the owner with respect to the use of premises on- ... 60 Broadway, West Yarmouth, Mass. ........................... ..................................................City .... .... Town.......................... ............. str"s or the record title standing in the name of Arnerico Poliseno ....................................................................................... I ........... ........................................... whose address is ------ bP --- @.n9§.d.vy.4,y .. Yarmo-uth..Aass . .............................................. Street City or Town state by a deed duly recorded in the...... Parn.&Labla ............ County Registry of Deeds in Book 1.987........ Page-113 ........ .......................... I ......................... Registry District of the Land Court Certificate No ..................................Book ................ Page ................ The decision of said Board is on file with the papers in Decision or Case No-1412........ City in the office of the Town Clerk......... o. f ... YaPmo.u.t.h ........... ........................ .................. -- ........ Certified this ... !kh-day of ........................... Mar.01 ----------- 19 77 Board of Appeals: ................... Mirman ............ Roarif of Appals ................................................................................ Clerk Board of Appeals ................................. ----------- 19 ........ at .............. o 'r lock and ................. ...... ....... minutes ....M. Received and entered with the Register of Deeds in the County .................. Book........................ Pa ge ........................ ATTEST .................................................................... Register of Deeds Notice to be recorded by Land Owner. FORM 1094 H0889 & WARREN. INC.. RIEV11199) CHAPTIER 212-1@6a