HomeMy WebLinkAboutDecision 2835TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION p 2 '•5�
yl JUL 22
FILED WITH TC7A1N CLERK: JUL2 2 1991
HEARING DATE: July 11, 1991 10WH CLi-� 6 i�EASUf E ��
PETITION NO: 2835
PETITIONER: Lillian Miller
PROPERTY LOCATED AT: 811 Route 28, South Yarmouth, MA and shown
on Assessor's Map 28 as Parcel N4.
PETITIONER REQUESTS: A special permit under section 202.5,
N11 and 104.3.2 of the Yarmouth Zoning By Law to allow the petitioner
to use a portion of the residence at 811 Route 28, South Yarmouth,
MA for a psychic reading room.
MEMBERS OF THE BOARD PRESENT AND VOTING: Leslie Campbell (Chairman),
David Reid, Joyce Sears, Phil Magnuson, 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 petitioner appeared at the hearing, and was represented by her
Attorney, Robert Mills, Esq. of Hyannis. The petitioner proposes to
operate a psychic reading room within an existing dwelling (currently
occupied by the petitioner as a residence). The site is located on
Route 28, in the General Business Zone, where such a use (N11) is
allowed only by special permit. The site is a 25,000 square foot lot,
the front portion of which is presently used for parking for two
adjacent businesses. The proposed use would require the availability
of an additional parking space. The petitioner indicated an intention,
as part of this proposal, to upgrade the septic system to the standard
of Title V.
The proposed business would operate between the hours of 10:07a.m.
and 7:00 p.m., (and would not conflict with the peek hours of operation
of the Restaurant, which also uses this lot for parking). It is
anticipated that no more than one customer would be present at any
one time, and msny customers would come by appointment only.
Reports and correspondence were received and accepted as evidence by
the Board. The report of the Route 28 Task Force and letters from
interested neighbors were opposed to the petition. Other individuals
appeared in person in opposition to the petition.
The principal concerns raised and expressed by the objectors and/or
by the Board members were: 1) That the petitioners were related to
and associated with other individuals who had previously operated a
similar business in the area, with which there had been numerous
difficulties and corrplaints, and 2) That, in a more general respect,
this type of business is not in harrrony with the present and future
character of this neighborhood, that it created a "Honki-Tonk" and
"carnival" atmosphere which is not appropriate or desirable for the*
commercial area nor for the abutting residential neighborhood. The
Town, through its zoning and through the Route 28 Task Force, has and
continues to make a concerted effort to irrprove the appearance,
character and quality of the Route 28 commercial district. It is the
opinion of sore members of the Board that a business of this sort would
not be consistent with these developments and objectives.
After considerable discussion among the Board members, a Notion was
made by Mr. Reid, seconded by Mr. Magnuson, -to grant the relief
requested specifically limited to one year from this date, at which
time if will expire, (unless the petitioner has, prior to that time,
sought further relief), on the conditions that the septic system be
upgraded to Title V.
Mr. Reid, Mr. Magnuson and Mr. Tuttle voted in favor of the Motion.
Mr. Carrpbell and Mrs. Sears voted against the Notion. Therefore the
rrntion failed to carry by the requisite majority.
No further Notions were made. Therefore the petition is denied.
David S. Reid, Clerk
Board of Appeals
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