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HomeMy WebLinkAboutDecision 1329h TOWN OF YARMOUTH BOARD OF APPEALS Filed with Town Clerk: JUL 1 6 1975 gearing Date: 7110175 Petitioners: Petition No.: 1329 Aldo A. Petrillo Rath M. Petrillo 249 Long Pond Drive � � e South Yarmouth, Massachusetts DECISION Petitioners request approval and/or a special permit from the Board of Appeals to allow a Flea Market and Antique Market on pro- perty located Route 28, South Yarmouth, Massachusetts (No. 811 Route 28), and shown on Assessor's Map No. 28-N4. Members of the Board of Appeals present: Thomas N. George, Acting Chairman Herbert Renkainen Robert Sherman David Oman Philip Dempsey It appearing that notice of said hearing has been given by sending notice thereof to the petitioners and all those owners of ! property deemed by the Board to be affected thereby, and that Public i notice of such hearing having been given by publiization in the o• Dennis -Yarmouth Register on June 25th and July 2nd, 1975, the hear ing was opened and held on the date first above written. The following appeared in favor of the petition: E Aldo A. Petrillo and Ruth M. Petrillo The following appeared in opposition: Allen Grace, abutter, and letter from Town of Yarmouth Planning Board. REASIN FOR DECISION: The petitioner appeared and stated that due to the increase in taxes, he could not afford to maintain the property in its present use, which is a vacant lot, and that the few dollars gener- ated by an antique sale on Saturday by various dealers, which dealers would not amber more than fifteen on any given day, would help to alleviate his present financial position. He stated that there is ample parking for approximately thirty cars, in addition to those selling wares, that the frontage of the pro- perty is 105 feet, and that the only building on the property is set way back on the lot, which is275 feet deep. The petitioner indicated that if necessary, he would hire a policeman for the control of traffic, though he had not hdd any conference with the Police Department reference this prior to the hearing. Petitioner also stated that the hours of operation would be 10-4:30 on Satur- days during the summer, and he would like to have the availability of Sunday once the fall season has arrived or the summer season IOWV has passed. Petitioner stated that the dealers who would be sell- ing their wares would be solicited by Mrs. Rasher, operator of the Barn Shop, Route 6A, Cummaquid. The Board notes that the area in which the operation would be maintained is extremely congested, andttbftet the injection of this type of operation would create additional hazards in the already congested traffic problem that it has. The Board finds that it would not be in the best interests of the neighborhood or the Town of Yarmouth on the whole to grant a permit or approval for the type of operation which the petitioner seeks. Therefore, petitioners' request for approval is denied. Members of the Board voting: Thomas N. George Herbert Renkainen Robert Sherman David Oman Philip Dempsey Voted in opposition Voted in opposition Voted in opposition Voted in opposition Voted in opposition er Thomas N. George Acting ChaIrman 13 L� Wi +J.Y'S �•'-4YF*. rti -{ *yM1iYi..�*+.hail ii:'h .rJ.l�i`4.LZTF5i�4+* per C-f 16 t. ATOWN OF Y A R M 0 U T H l. 00."�f' • � 4'a. Y- rY�• F ,• BOARD OF APPEALS °O, ,1. ► .'-�Ot 'Ln!S4 r 4 * Appeal Na. 1329 3 July 10, 1975 Aldo A. & Ruth M. Petrillo Members present: Thomas George, Philip Dempsey, Robert Sherman, David Oman, Herbert Renkainen. The Acting Chairman called the meeting to order and read the petition. All abutters were notified by Certificate of mailing and the necessary correspondent was made in the Cape Cod Standard Times and the Dennis —Yarmouth Register. Mr. Petrillo: We have a shop on the property that is an antique and crafts shop, to begin with. As I understand Appleby's property up the street was !]]owed to do just what we want to do. I thought this was something that was never done on the property so I am here before you. The revenues on the property don't help as of now to pay for the increase of taxes so this would be an added income to help the taxes. We have the space to go with it. About 1 acre of land. Mrs. Rackenbush of Cummaquid is an antique dealer and she knows a few people interested in coming here. It wouldn't be a carnival type thing, i will be a real antique layout. Mrs. Petrillo: It would be from 10:00 a.m, to 4:00 p.m. Nothing after that. Mr. George: What days of the week? Mr. Petrillo: It would be on a Saturday, one day a week would be enough. Mrs. Petrillo: Maybe in the fall it would be nice to have 2 days. Mr. Oman: You said about 1 acre of land there. Mr. Petrillo: Actually, about an acre and 1/3. Mr. Oman: The property on Route 28, lot N-4, according to the Assessors map shows this is only .61 of an acre. Mr. Petrillo: I have the property next to it. Mr. Oman: If you want to include that piece, then the advertisement is wrong. Mr. George: Now you have a faulty advertisement. Mr. Petrillo: Then let's go beck to the .61 acres then. The abutters and/or abutters to abutters are still okay because we covered them all. Mr. George: Don't you use that property across the street for parking for the restaurant? How much frontage is there? Mr. Petrillo: We don't use it until 4:30 P.M. for the restaurant. 105' frontage Mr. George: The building on lot 28—N4 is there? Petition #1329 Page 2 Or is the one we're talking about vacant? Mr. Petrillo: We are talking about the parking lot. Mr. Renkainen: Will this be a tailboard operation? Mr. Petrillo: No. It will be a good antique shop. This lady is a very conscientious woman and has been doing this for quite a few years. She wants only someone who has good quality merchandise. About 15 or 10 dealers, (reputable) with merchandise that is of value. It will be in the open.Most of the people will have a car and will set out tables. Mr. Dempsey: Where will you park? Mr. Petrillo: I will still have the rest of the property. Plenty of room. They can come in one side and go out the other. No backing out onto Route 28. There is an island in the middle. Mr. Oman: What about the traffic control? Mr. Petrillo: If it gets to that problem we will hire a policeman. We have one for the restaurant anyway. No question about the fact that if there is any problem on Route 28 with traffic, it existed before my place. Mr. Dempsey: Will the parking be on your land or some other piece of land you own? Mr. Petrillo: It will be on Lot N-4. The other piece of land doesn't have thai much room because of the building. The cars on the other lot will be for the gift shop and crafts shop. It doesn't interfere with the other cars on that piece at all. Me; Renkainen: This market will be in the parking area you have now? Mr. Petrillo: I don't like the word flea market. I would rather say antique display and crafts. We don,'t want it on Sunday. Mrs. Petrillo: In the fall we may want 2 days. Don't limit it to one day. Mr. Petrillo: Mrs. Rackenbush will help us getting the people in. She doesn't want any money out of it. Mr. Renkainen: How many cars can you have there now? Mr. Petrillo: Without the market, 45 to 50. Mr. George: Shere is a letter in the file from the Planning Board, opposed. Mr. Grace: I am an abutter and have been here for about 3 years. I have never been ab,le-to open my windows because of the dust from that parking lot. If the place was hardtopped and someone to police it it wouldn't be so bad. The proper has been a pig sty. It has been better within the last few weeks. If there was stone or blacktop I would not object. Mrs. Petrillo: Why is the one up in Appleby's with baloons, and everything allowed to carry on? Petition #1329 Page 3 Mr. Spurr: The people rented that whole building. The house, a garage in the back. According to Town Consel he meets the by-law. The merchandise is in the house. The luny -law says if the merchandise is in the house you can carry o If you run the things in the buildings you don't have to go to the Board of Appeals. We told him to get all the things in - we know they are outside now. Hearing closed.