HomeMy WebLinkAboutDecisions from 3568 to 892 (9 Decisions)-------------------------------
Bk12669
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
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FILED WITH TOWN CLERK: October 28, 1999
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY:
#3568
October 14, 1999
Ship Shops, Inc.
Salling Village Way, South Yarmouth
Map: SJ, Parcel: 81 (45/Q2) Zoning District: RS40
1999 OCT 28 PN 1•14
MEMBERS PRESENT AND VOTING: David Reid, Chairman, James Robertson, Joseph
Sarnosky, Diane Moudouris, Richard St. George.
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 per §104.3.2, to raz.e and replace an existing storage
building. The site is occupied by this marina, which is a non-conforming use in this residential
zone.
The existing building itself appears to conform to all applicable dimensional requirements. It is at
least 50 years old, and in serious disrepair. It has a wooden floor, and Is used to store out-board
motors. The new structure would be at the same location, and would be slightly larger, but not
closer to the lot line. It would have a concrete floor, and meet all fire and environmental
containment standards.
The Board finds that the requirements of §104.3.2 (c) have been met. The new structure will
conform to all applicable set back and dimensional requirements, will be used for the same "use"
as the present building, will not cause or contribute to any undue nuisance, haz.ard or congestion,
and will in fact be more safe and appropriate for the use made within it.
The Board notes that the sub-paragraph designations under §JQ4.3.2 have been changed, and that
the petitioner actually makes reference to the wrong sub-paragraph. However, the petitioner does
specifically request permission to raz.e and replace the structure, so the Board is satisfied that the
relief needed falls within the scope of the petition.
A motion was made by Mr. Robertson, seconded by Mr. St. George, to grant the Special Permit
under §104.3.2 (c), to allow the replacement of this one structure, as proposed, and as shown on
the applicant's site plan. The members voted unanimously in favor.
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Bk12669 PG214 88172
No permit shall issue until 20 days from the filing ofthis decision with the Town Clerk. Appeals
from this decision shall be made pursuant to MOL c40A § 17 and must be filed within 20 days
after the filing of this notice/decision with the Town Clerk.
David S. Reid, Clerk-=-::::_,_
-2-RARNSTABLF. REGISTRY OF DEEDS
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FILED WITH TCWN CLERK:
HEARING DATE:
PETITION NJ:
PETITIONER:
TCWN OF YARMOtn'H
BOARD OF APPEALS
DECISION
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MAY 2 1991:~ ~ t' ~ P/ ED
April 25, 1991 1 /)
·91 HAY -2 P 1 :28 llrY ..
2817
P t J ,..,lU'.f.'~JJf YM~HOUH:
e er i Cfiffiltf:c'.RK l rREASUf.f.11
PROPERTY LOCATED AT: Sailing Village Way, South Yanrouth,
MA and shown on Assessor's Map 45 as Parcel Q2.
PETITIONER REQUESTS: A special permit under section 202.5 of the
Yanrouth Zoning By Law to allow: 1. The renting of boats and 2. Such
other relief that the Board deems rreet and just.
MEMBERS OF 'IHE BOARD PRESENl' AND \IOrING: Leslie canpbell, Chairmm,
David Reid, Fritz Lindquist, Philip Magnuson, Ron Schmidt.
It appearing that notice of said hearing has been given by sending _. _ . _._:.:. ,, --
notice thereof to the petitioner and all those owners of property ·_-: · -
deerred by the Board to be affected thereby and that public notice of
such hearing having been given by publication in the Yanrouth Sun,
the hearing was opened and held on the date first above written.
REASON FOR DECISION
The petitioner received a special permit on June 28, 1991 (case 1#2751)
to allow an extension of the existing non confo.tming use and site (Ship
·shops) so as to allow, a new business enterprise, the rental of 1TDtor
boats for 1/2 day and day rental use. That permit, by its tenns, was
limited to 3 such boats, and one years tirre, but allowed for the
petitioner to apply for a new permit at least 3 ITDnths before its
stated expiration.
The sane petitioner is now before the Board, seeking such a new permit,
to allow the continuation of the sane boat rental business, without
any limitation as to the expiration of the permit, and to allow up
to 5 such _boats to be docked for rental. · In all other respects, the
request is the sane as in 1#2751.
The petitioner represents that he has been aware of no problerrs, within
the existing permit, with custorrer parking, nor with vehicle traffic
associated with his business. He has received no COITplaints about
his business from neighbors. These sane opinions were related to the
Board by the operator of the principal business at the site, Ship
Shops. l'b abutters appeared at the hearing in opposition to the
request, nor did anyone voice any opposition •
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The Board finds that the continuation, and expansion up to 5 boats,
will not be substantially rrore detrinental to the neighborhood than
the existing non-conforming use are at present.
A MJtion was therefore mide by Mr. Lindquist, seconded by Mr. Magnuson,
to grant the special permit (§104.3.2) to allow the use requested.
The Board rrembers voted unaninously in favor of the M:>tion.
The special permit is therefore granted.
NJ permit shall issue until 20 days from the filing of this decision
with the Town Clerk.
David S. Reid ----·
Clerk for the Board of Appeals
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TOWN OF YARMOUTH
BOARD OF APPEALS
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FILED WITH TOWN CLERK:fi Jtl~.~3' ;;;,"\:
HEARING DATE: June 28,~~&~~i
PETITION NO.: 2751
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·90 JUL-3 P.10:QJ
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PETITIONER: Peter J. Begley 1 OWN CLUlK & [ HE.ASUf:f./1
Property located a?~!iling Village Way (Ship Shops, Inc.,)
30 Pleasant Street, Yarmouth, MA and shown on Assessor's
Map #45 as parcel Q2.
Members of the Board present: David Reid, Esq., Richard
Halverstadt, Les Campbell, Philip Magnuson, Esq., Roger
Tuttle.
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 Yarmouth Sun, the hearing was
opened and held on the date first above written.
The following appeared in favor of the petition: William
E. Begley (representing the petitioner), Peter J. Begley
(petitioner), Marty Taubert (Marina Representative)
The following appeared in opposition: Mr. Robertson,
Mr. Frucci, Mr. Mason, Mr. Forrest White (Building
Inspector)
REASON FOR DECISION
The petitioner proposed to extend the existing,
non-conforming use (Ship Shops) by allowing a new business
enterprise to operate at the site. The proposed business
would rent motor-boats on a half-day/day basis. Each of
the three (3) proposed boats would be capable of
accommodating between 6 and 10 passengers. The proposed
business would be operated by not more than two (2)
employees total. No repair work of the boats or engines
would be done by this rented business.
Concerns were expressed by neighbors and abutters, and
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' by the Building Inspector, that the site is already
congested, and that further construction and changes at
the site have already been approved by the board. Since
these changes have not yet been fully completed, their
effect is not yet known. The major concerns of the board
were the increased traffic to be generated by this proposal,
and the increased congestion (including parking) on the
site.
The majority of the board were satisfied •that the proposed
use was worthy of an opportunity to prove that it would
not have a significant adverse impact upon the neighborhood.
Therefore in order to provide this opportunity, while
preserving the opportunity for the board and the
neighborhood to review the operation and effect of this
business, it was decided that a grant of this special
permit, limited to one year and limited to three (3) boats,
would not be substantially more detrimental than the
existing non-conforming use.
Motion: To grant a Special Permit relief for an extension
of a non-conforming use with the following conditions:
1) The Special Permit will be in effect for one year from
•· the date of this hearing.
2) Application for a new Special Permit shall be made
at least three (3) months before the expiration date
of the above permit.
3) The number of boats to be docked at the slips shall
be no more than three (3).
Motion made by Mr. Magnuson, seconded by Mr. Halverstadt,
Mr. Campbell and Mr. Tuttle were also in favor. David Reid
opposed the motion.
A second motion was made to allow Petitioner to withdraw
without prejudice his request for mooring. Motion made
by Mr. Magnuson, Seconded by Mr. Tuttle. Motion carried
unanimously.
Therefore, the petition for Special Permit is granted and
we authorize a Special Permit to issue, after the expiration
of the 20 day appeal period.
David Reid
clerk
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FILED WITH TOWN CLERK:
TOWN OF YAR~IOUTH
BOARD OF APPEALS
DECISION
JAN 16 1989
HEARING DATE: December 14, 1989
PETITION NO: 2694
PETITIONER: Ship Shops, Inc.
4-.2%
RECEIVED ~
,90 JAN 16 roo :3\ /
PROPERTY LOCATED AT: Sailing Village Way, South Yarmouth and shown
on Assessor's Map #45 as parcel Q2 & 7.
Members of the Board present and voting: Donald F. Henderson, David
B. Oman, Leslie Campbell, Fritz Lindquist, David S, Reid,
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 Yarmouth Sun on
November 29, 1989 and December 6, 1989, the hearing was opened and
held on the date first above written.
This is a request for Special Permit under Section 104.3.2 of the
Yarmouth Zoning By-Law to allow the extension and alteration of a
pre-existing use and structure. Locus is known as "Ship Shops", and
is a well known Marina located on Bass River.
Plans showing the proposed changes, dated 7/31/89 and revised 10/2/89
entitled "Waterfront Site Plan on the Bass River, in Yarmouth (So.)
MA", for Ship Shops, Inc. by Schofield Brothers, Inc. Registered
Professional Engineers, Land Surveyors and Landscape Architects,· were
submitted. Also, on 12/21/89 a set of 4 Engineered Plans were
submitted detailing each proposal in this appeal.
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This project has the approval of the Conservation Commission.
was no opposition expressed at the hearing ••
There~ RECEI\JE!l
J ·90 JAH 16 mo :31
The petitioner proposes the following: . . : • :HQUTH
1. The existing northern boat ramp shall be resurfaced with concretel OWH CL[Htl o. rREASU!t
and stabilized with "at grade" bulkheads along each side.
2. The north fuel pier shall be modified as follows:
a) All attached "finger" piers shall be widened 1 ft. from 2
ft. width to 3 ft. wide and lengthened an average of 10 ft.
b) One new "finger" pier is proposed near the bulkhead.
c) The reconfigured fuel service pier shall not be lengthened
toward the river channel.
3. The middle fuel service pier shall be modified as follows:
a) The permanent "L" shaped end with a 20' x 12' float shall
be replaced with a "T" shaped float system as shown on plan.
b) 2 -3'xl6' floats shall be attached perpendicular to the axis
of the pier.
c) The fuel pumps shall shift approximately 20 ft. farther out
on the pier.
4. Along the bulkhead below the office and marine store, the existing
2 ft. wide finger piers shall be widened to 3 ft. As a result
of widening, they must shift slightly 4'-6' from their existing
location, 2 of these finger piers shall be lengthened 5 ft.
5. The southern most "L" shaped pier shall remain as is with one
exception: The single "finger' pier attached shall be widened
1 ft. and.lengthened 5 ft.
6. The remaining 2· finger piers which jut out from the bulkhead
near the paved parking area at the south end of the bulkhead
shall be modified as follows:
a) They shall be widened 1 ft and shift a maximum of 4 ft. from
the existing location.
b) One new finger pier is proposed along this area 30 ft. long
and 3 ft.· wide.
c) Two of the 6 e~isting 14 ft. floats along the bulkhead shall
be removed.
d) All tie-off pilings in this area shall be shifted
approximately 3-5 ft. from their existing location. •1-•
e) A corner float shall be added to connect the 4 rema~~t~!\f F.n
ft. long floats to the 72 ft. long float system existing along \i
·90 JAN 16 AlO :31 ff
f) 7-14 ft. long floats are proposed for the opposite side
the bulkhead inside the boat haul cut.
(south) of the boat haul cut. \;',., '.,~t~".'lUTH
1ow'H CLLRI\ & H1EA5Uf(UI
7. The Boat Haul Cut shall be expanded by 900 sq. ft.
a) The marine railway shall be eliminated and a concrete slab
shall be constructed in its place to vertically haul vessels from
the water with a fork lift.
b) Steel bulkhead shall be provided along the slab area
appropriate for heavy duty use.
c) A subsurface leaching facility shall be provided to dispose
of incidental rain runoff.
8. The bulkhead along the entire site shall be reconstructed in the
location as the existing bulkhead with the exception of:
a) The expanded area of the boat haul cut.
b) A small corner behind the southern-most "L" shaped pier shall
be "squared off" as an option.
c) A return shall be provided adjoining the land of the Bass
River Yacht Club for stabilization at the edge of the wall.
d) Portions of the bulkhead shall be raised l ft.
9. Dredging is proposed for approximately 1000 cubic yards of soil
along the bulkhead to a depth of 2 ft. of water at M.L.W. Dredged
material shall be disposed of on-site, in ground.
10. A low profile r~taining wall shall be provided along the west edge
of the driving lane below the marine store. This wall is provided
to enable the adjustment of the paved area to create a lesser pitched
drive surface.
11. A subsurface stone drain shall be provided along the bulkhead and
in the remaining boat ramp, The drain proposes to mitigate the effects
of the rain runoff on the river water quality. With filter cloth
behind the bulkhead (by design) the rain runoff shall be filtered by
t•
~ .--'percolation through the soil and through the filter cloth. It was
presented that, the resulting rainwater runoff shall be significa®ly
cleansed of particulate and bacterial matter which, if not intercepted,~i RECEIVFn
would pose the greatest threat to water quality. The drains as \
proposed do not cure the runoff problems. However, they significantlyi•90 JAN 16 AlQ:3
improve the situation.
This proposal will be a significant improvement to what exists, and
the Board finds the petitioner demonstrated that no undue nuisance
hazard or congestion would be created and that there would be no
substantial harm to the established or future character of the
neighborhood or Town.
A motion was duly made by David S. Reid and seconded by Leslie
Campbell, to grant a Special Permit to Ship Shops Inc. as requested
with the following conditions:
l. before the fuel pump is relocated, petitioner must secure approval
of the Yarmouth Fire Department.
2. The use of the area designated for soil disposal will not
be used inconsistently with the previous decision in #2585 for
Ship Shops Inc.;
3. the site designated for soil disposal shall be returned to the
same grade level as shown on the plan, Petitioner having
represented to the board that fill is to be removed from this
site and replaced by dredge spoil.
The request for a Special Permit is unanimously granted with the above
stated conditions.
No permit issued until 20 days from date of filing decision with the
Town Clerk.
Fritz Lindquist
clerk.
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Filed with 'lbwn Clerk:
JG\-; J Cf "!,'\.S-::UTH
EC;'J'D OF ,\?P::ALS
DECISICN
MAR 319a,
Hearing Date: February 23, 1989
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Petition No: 2608 _ '89 MAP. -3 P12 :2)
Petitioner: Ship Shops, Inc. o'l 'l, S~ \l lOr..~ .. -~~r,,
• .. • ; ~· I • • •
l-Enbers of the Board present: Ionald Henderson, Davi!fl'ii~ leriYh~ °nb.~~aS1;,;;
Reid, Richard Neitz, Ronald Schmidt.
It appearing that notice of said hearing has been given by sending
notice thereof to the petitioner and all those owners of property
deezred by the Board to be affected thereby and that public notice of
such hearing having been given by publication in the Yanrouth Sun on
February 8, 1989 and February 15, 1989, the hearing was opened and
held on the date first above written.
'Ihe following appeared in favor of the petition: Bob Perry for
Schofield Brothers. F.ritz Lindquist, Comrodore of the Bass River Yacht
Club: by letter, Charles & Barbara Birdsey: by letter, the Planning
Board •
'!here was no opposition to the appeal.
REASCN FOR DECISION
'Ibis is a request to m:xiify Appeal #2585 and allow an addition of 3.8
feet to the 10 feet variance originally granted.
'Ihe petitioner in Appeal #2585 requested and was granted a variance
of 10 feet from the 30 foot setback requirenent for the building off
Sailing Village Way, this petition allows a srraller proposed building
to be erected within the footprint of the old building that will be
renoved.
Although, the building foundation is in the location originally
proposed, the certified plot plan was in error as to the distance from
the Private Way. Due to this error in the plan, submitted in appeal
#2585 for Ship Shops, Inc. by Schofield Brothers, Inc. and dated
9/12/88, the petitioner's request should have reflected a 13.8
variance. 'Ihe Petitioner submitted a new, corrected, plan showing
proposed storage building replacenent on the Bass River in Yanrouth,
MA as prepared for Ship Shops, Inc. dated January 31, 1989, by
Schofield Brother, Inc.
'Ibis Board unanirrously finds the criteria for variance is rret and
allows the nodification of decision #2585 and adds 3.8 feet to the
original 10 foot variance granted in appeal #2585 and filed with 'lbwn
Clerk on December 13, 1988.
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M=.rrbers voting in favor: D::mald Henderson, David B. Oran, David Reid,
Richard Neitz, Ronald Schmidt.
'Iherefore, the petition to rrodify the variance granted in Appeal #2585
is unanirrously granted.
No permit issued until 20 days from date of filing decision with the
Town Clerk.
David Reid
Clerk
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TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: DEC I 3 193a
HEARING DATE: October 13, 1988
PETITION NO: 2585
PETITIONER: Ship Shops, Inc.
Pleasant Street
South Yarmouth, MA
Members of the Board of Appeals present: David B. Oman, Leslie Campbell,
Philip Magnuson, David Reid, Richard Neitz.
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 Yarmouth Sun on 9/28/88 and 10/5/88, the
hearing was opened and held on the date first above written.
REASON FOR DECISION:
The project is located at Ship Shops, Inc. off Pleasant Street, South
Yarmouth, on Lot Q2, Assessor's Map845. It is a commercial marina with
boat service and maintenance capability. Ship Shops has existed on the
site for approximately 40 years.
The Petitioner submitted plans depicting the proposed alteration and
associated site work, namely "Site Plan Showing Proposed Storage Building
Re-construction" dated July 20, 1988 by Schofield Brothers, Inc. and "Plot
Plan of Land Showing Proposed 'storage Building Re-placement" dated
September 8, 1988 by Schofield Brothers, Inc ••
Ship Shops is a 4.9 acre marine facility serving the general public for
more than 30 years. At present there are five boat service related
buildings at Ship Shop. This is a request to allow construction of a
storage/maintenance building. Said proposed building will be wood framed
with traditional clapboard siding and is substantially smaller than the
existing structure with approximately\ the gross floor area of the
existing building. As such, the proposed structure does not create an
intense use of the land, preserves open space on the site and will better
enable Ship Shops to provide marine related services to the general public.
The existing building is located partially in the layout of Sailing Village
Way •. The existing building is to be completely demolished and removed
from the site. . .
The Petitioner presented testimony, plans and documents which demonstrates
that all requirements were met for the grant of the special permit and
that no undue nuisance hazard or congestion will be created and that there
will be no substantial harm to the established or future character of the
neighborhood or town; the proposed building shall serve a similar function
as the previous building, it will have a more widely accepted make-up
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J of sash windows and clapboard siding, and will provide for its own roof
drainage, thus eliminating rain run off related problems of puddling and
erosion. The proposed building replaces a dilapidated building in such
a way that open space is created, further eliminating the possibility of
hazard, nuisance or congestion and will, i~ the Board's opinion, enhance
the character of the neighborhood.
Further, the Board finds the criteria for variance is .met and allows a
10 foot variance from the 30 foot setback of the building to Sailing
Village Way. The Board finds that the petitioner demonstrated that a
literal enforcement of the provisions of this bylaw would involve a
substantial hardship as it would present difficulty in gaining ease of
access to the building from the existing boat hauling ramp along an
established path which is proposed to remain as a straight line path.
The building has been situated to allow for the trailer delivery of boats
and equipment to the wide bay door located on the east side of the
structure.
The proposed building will be 20 feet farther from Sailing Village Way
than the existing structure. Consideration has been given to maximizing
distance to abutting properties while maintaining a reasonable distance
from Sailing Village Way. This Board finds that in considering the low
speeds and parking lot nature of the site the variance can be granted with
no substantial derogation from the intent or purpose of the bylaw nor will
the granting of this variance result in a detriment to the public good
or safety.
Therefore, the Petitioner's request is unanimously granted and shall run
with the land and enure to the benefit of the Petitioner and its heirs,
devisees, successors and assigns, but shall be subject to the following
conditions:
1. No septic systems or private wells shall be installed without approval
from the appropriate permitting authorities.
2. No construction on property subject to the Wetlands Protection Act
or the local Wetland bylaw shall commence without prior approval of the
appropriate permitting authorities.
3. A Fire Alarm System will be installed as required by the Yarmouth Fire
Dept.
4. Petitioner will conform with all Yarmouth Board of Health and Yarmouth
Engineering requirements.
5. No existing mature trees will be removed and wooded areas will remain,
as shown in photo.'s submitted, to preserve the area in it's nat';Ial state.
No permit issued until 20 days from date of filing decision
Clerk.
Fritz Lindquist
clerk
Filed with Town Clerk:
/lJJ3 2 0 1005
TOWN OF YARMOUTH
BOARD OF APPEALS
Hearing Date: June 13, 1985
Petition No. 2199
Petitioner: Allan L. Priddy, Jr. d/b/a Ship Shops
P.O. Box 248
South Yarmouth, MA 02664
FACTS
The petitioner requested the issuance Of a special permit
and/or variance from the Board of Appeals to allow a 1000
square foot addition to an existing structure on parcel Q-2 on
Town of Yarmouth Assessors Map Sheet 45 to be used for retail
trade as set forth in Section 202.5, Sub-section B of the Town
of Yarmouth zoning by-law. The existing structure and addition
were shown on a certified site plan of the premises prepar•d
for the Petitioner by Down Cape Engineering, which plan was
filed with the Town Clerk on June 12, 1985.
The members of the Board of Appeals present: Donald
Henderson, David Oman, Leslie Campbell, Richard Neitz, and
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 May 30, 1985 and June 6, 1985, the hearing
was opened and held on June 13, 1985.
The relief being sought pursuant Section 104.3.2 of the
Town of Yarmouth zoning by-law is an extension of a non-
conforming use. The present non-conforming use is a retail
store selling marine related items. The proposed extension of
the non-conforming use is a 1,000 square foot addition. The
neighborhood is primarily residential with the exception of the
abutting Bass River Yacht Club. The purpose of the expansion
is to provide better service to customers who presently have
moorings, store boats, or have slips at Ship Shops. Because
the purpose of the addition is to serve existing customers of
Ship Shops, there will be no increase in traffic or parking.
DECISION
First, under Section 104.3.2 the petitioner must show that
the proposed extension will not be substantially more
detrimental to the neighborhood than the existing non-
conforming use, and second, under Section 103.2, which applies
to any special permit which the Board is asked to grant, the
petitioner must &how that there be no undue nuisance, hazard or
congestion created, nor will there be substantial harm to the
established or future character of the neighborhood or town.
Because the purpose of the addition is to serve existing
customers and there will be no increase in traffic or parking,
the Board finds that the addition will not be substantially
more detrimental to the neighborhood than the existing non-
conforming use and there will be no undue nuisance, hazard or
congestion created, nor will there be substantial harm to the
established or future charact~r of the neighborhood or town.
Therefore, the Special Permit is granted as requested.
MEMBERS OF THE BOARD VOTING: Donald Henderson, David Oman,
Leslie Campbell, Richard Neitz and Fritz Lindquist. The Board
was unanimous in its decision. ·
No permit issued until twenty (20) days from the date of filing
of this decision with the Town Clerk.
2.
Myer R. Singer
Clerk
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Filed with ~own Clerk: .FEB 4 1975 nearing nate: 12/12/74
Petition No., 1296 Petitioners
Ar,LAn r... PRillDY ant'l SJTIP SHOPS, INC~
Pl<!nnant StrP.et
r.outh Yarmouth, nnssachusetf:s
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·. The petitioner re~esta a variance and/or approval of the Board of
Appeals to allO"~ continuntion of non-conformin~ uee to erect hoat
storage racks (portable) and also altor existing big storaqA shed
for rack storage. Property located on Pleasant StrP.et, South Yar-
mouth, 'lassachusetts anc1 shown on Assessors ~tap ?To. 45-02.
Members of noard of hppeals presnnt:
Farold L. Rayes, Jr •
navid Oman
nobert w. Sherman
Rennoth R. Stttdlcy
Philip F-. Dernpney
It a:ppea~ing thzit notice of said hc2:.ring has been given by sendincr
notice thereof to the petitioner and all those ownoro of property
deemed hy the Board to be affected thoreby, and that public notice
of such hearing having heen qivan hy pu.blictttion in tho Caper.on
Standard Tilnes on novQl\bar 28, 1974 and necem.ber !i, 1974, the hear-
ing was opened and held on the date firat nhove written.
ri:'he followinq appeared in favor of thn petition:
Petit:ioner
~he following at1Pearen in opoosition:
By r.ettern: i.nne V. R. "'olley, '!rs. 1\.nn •faxtone-Graham, nnc1 a peti+!ion
signed hy Jnany residents o.f the area: ''!r • ~irnrnontle
RP.A.~0~ FOR nr.~If.IO~
• I .
"'he petition wan presanter1 hy •~r. 1\llan l'rid<ly and many
resinents from the imme~iate vicinity appeared at t~ia hP.arinq and
sovernl npoke in o~position ~apacially Mr. Simmonds who voiced
gpecinl oppo~ition to one of tho hoat racks that blocks his view
of the water· front. ""be Bo.srrl took a view of the property prior
to arriving at its rlec:i.sion. 7\ cketch was presented to tlie 'Board
designnted "nar.uh,livision Plan of :r.ots 6-15 • • • Sailing Villl!!.ge
South Yarmouth, nasa. for ~heodore Frc,thinqhnm • • • " which was
used to indicate whore the various racks would be installed. ~he
Board, in arrivinq at its decision, conslnered the fact that f.hip
~hops is a valid non-conforming use ulthough there have been some
changes over the years with the approval of the nnard. fflhe noard
• finds that nuhntantinlly the hui1inesR is thP. same as mdsted at
the time of the acioption o( zoninq other th«n the normal qrowth
in business that ha.!' taken place., over the yearo.
':"he Roarti also notes ·that the atoraqe of boats on racks
is an accepten procedure that is heing utilized preBently in many
boat yards.
• ~he petitioner asked for several areas and they will
ell. he dealt with individua;tly.
1. "?lcre ~-ere certain raoks i~.mndiately to the north-
eastern portion of ~ailinq Villaqe Way on the huiloinq known as
Buildi?¥.J n. "'his Wi'lR the area thert'! waR Rtronq objection to. 'l'he
~oar~ felt that as there were other are~~ !esn objectionable that
this area should not he utili~en for this tyoe of storaqe. ~hera
was evid~nce -that the area had hien used for norrnnl storage before.
• •hut, of c;ourse, that is not the subject of this hearing; ':i'he
petitioner requested aome seventy (70) feet of racks in this area,
and thia reque9t is ~enied.
2. ~he second area was fifty (SO) feet of storaqe
near the ""1ew Yacht r.hlh" beincr adjacent to rJot no. 17, shown
on the aforesaid plan. "'his ,-ras a fifty (50) foot rack and this
request is approven.
3. "'he next request was in the so-called shed which
lies to the west of Sailing Villaqe l~ay. It is a shed that will
be remodeled somewhat in order to ~cco:nmodate the racks. "'he roof
would be extended and two endn would Jie installed. "'he noard
felt th·at this would be substantially the scme ns the prior use
and approves th.e racks in this area.
4. "'he next area consiclercrl t-rao behind the present
office which would includo soma forty (40) feet of racks and this
was approved.
~he noard, in arriving at its decision, conoidered the
standards set forth in the 7.oning Ry-law in Section 18.08 and spe-
cifically finds, after a thorough discussion and consideration of
all of the objections that-were presented to the Roard, thae:
1. The change requested is not ouhatantially different
than the uee that previously existed.
2. The Roard separately finds that the use requested is.
no more netrirnental or objectionable to the neighborhood than the
existing use.
3. Prior to arri•tin<T at it~l deci~ion, the J\oard P.xamined
the property.
~hereforc, an extencion of a non-conforming use is granted
as set forth in thi~J opinion.
Membero of Bonrn voting:
Harold L. Rnyes, ,ir. Votgd in Favor
Philip F. n..,mp:;;ey Voted in Favor
Y.enneth H. Studley Voted in Favor
noher.t w. Sherman Voted in Favor
navid Oman Votecl in Fi'lvor
?~o per.nit issued unti.l 22 d~ys from date of filinq dacision with
the ~own r.lerk.
per -imrnrnry,Jr ~. !:;'111'11.oF.Y
C!l:,F.RK
I• '
Fll.d&-
Filed uith Town Clerk: MAY 6
Petitioner, Allan Priddy
TOWN OF YARMOUTH
BOARD OF APPEALS
1968
DECISION
Petition# 892
Too petitioner requested permit to: replace existing building with a new
frame building. J2 1 x 60 1 • approximately JO' north or former building.
Said building to run east a1ld 11est 6 1 -7' from north boundry.
Membors of Board of Appeals preaent: Harold Hayes, George Waite, Emmanuel
DiTiberio. Howard Spurr. li. Kenn~th Studley. ·
It appearing that notice of said hesr1ng has been given by sending notice
thereof to the petitioner and all those owners of property deemed by tha Board
to be atfooted thereby 0 and thElt public notice ot such hearing having been
given by publication in the Cape Cod Standard Timeu on 4/4/68 and 4/11/68,
the hearing was opened am held on the date first above written • .
Tba f'ollol1ing appeared in favor of tho petition: Mr. Allan Priddy.
The :following appeared 1n opposition: None.
Beason for deois1on: The Boord was presented with a plan designated 11 Roaub.:.
div~.sion Plan or Lot 6 ~ 15 -11 and part of 7. Soiling Village, South
Yarmoutho Moss., for Theodore Frothingham. This plan was recorded 1n Book
l:;8, page ?S, Barnstable Rogtstry of Doeds •
. ' . " It ts noted till t th1a plan tias dated October, 1957 and it 1nd1catod the
bu1ldirss that were used ot tho Sailing Village which 1B the subject of
--this hearing at that time.
The Board also considered the plans tor tho J2' x 60 1 build1tgthot was proposed
by the patitionar. ·
It appeared that the building wwld be ereoted on LdilSA, along the common
line d1vid1ng lot 15A uith Lot lU.
It was also noted at the hearing that there was no opposition to the
petitioner's proposal.
Tho Board after a deliberation considered this as a request tor a change
or extension of a non°0onformins use.
The Board considered the use that was made or the property at tho tioo or
the adoption or zoning in the Tovn or Yarmouth and compared this 111th the
proposed use as requested by the petitioner. ·
After a full an1 complete dol1beration, it was found tmt the UDO requested
was in substantial occordance wtth the use that Has existing at the time of
the adoption of the z~ning by-law.
It appeared that the petitioner was meroly erecting a ne-.. facility ,ihich
muld mable him to take care or his existing business in a more suitable uayo
•· '
Hprn1 < ..... • f' • .. 11•rl ,•nt-incr: J n1·,lrl I a"e ... f:cC1rrc Waite. 'Fm-nannel Di'l'il-crio, I oward SJlUrr,
J<~rr>r .. 1 c;t-url, ~.. A 11 •·ot-rrl in .,.;i ,·<',..
•
Kcl'11'1Ct-1 I . Strnncv
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