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HomeMy WebLinkAbout1230 Route 28 Previous Decisions 939, 624, 431, 429F1333 rtith Tovm Clerk: TOWN OF YARMOUTH GOOD OF APPEALS AUG 1,1 1969 Petitioner: Joseph Dorn, Owner Stanwood Gomez, Petitiioner The petitioner requested a addition. 6CISION special7pormit and/or Renbers of Baird of Appeals prose Howard Spurr. Emmanuel DiTiberio. It appearing that notice of said to the petitioner and all those l o eoted thereby, and that public no publication in the Cape Cod Stand hearing; was opened and held on th The following appeared in favor o The; following appeared in oppos t Reekon for decision: C appoared at the hearing that t located at Route 28, State Highwa Hearing Date: June 19, 1969 Petition 11939 �013it to S/ approval to add a 30*x 302. : K.H.Studley, George Waite, Walter Anderson!, aring has been given by sending notice thereof ere of property deemed by the Board to be aff- ce of such hearing having been given by ,d Times on June 5 and Jurn .12, 19699 the date first above written. the petition: Stanwood Gomez. Charles Ippolito n: None, petitioner was the owner of commercial propezt at the oorner of Carter Rd. in So.Yarmouth, It further appeared that petitioner requested a spsoial permit to allow an addition to .the existing build iisg which is known as the "House of Light". The addition would be 301.z 30' and would be used for storage in connection with the present; use of the •faci.Bities. It is noted by the Board that t e zoning b7-lav, alloila business use in this area by virtue of a special permit and that a variance is not allowed, Therefore, this matter was considered as a matter of diecretion azri the Board finds that the request is in keeping with the existing use of the premises. The Board feels and sets the condition'that a 30' setback will be maintained Carter Rd. The Board considered the plant that were submitted shoring the elecations as as the setback desired in arriving at its decision. Ths only chagge that the Board trill require is that there be a 30' setback from Carter Rd. Therefore, the petition for a speial permit in accordance with the terms of opinion is granted, Members of Board voting: K.H.Stu ley, George Waite, Walter Anderson. Hcrrard Spurro Emmanuel DiTiberio. All1 voted in favor. No permit issued until 20 days If I m filing decision with the Town Clerk. Emmanuel DiTiberio f rots well this Mrs. Namen: As Mr. DiTiberio: TOWN SOUTH Board of Appeals Elizabeth Namen OF YARMOUTH MASSACHUSL'ITS #939 - Membbrs present: Kenneth Studley, Howard Spurr. Emmanuel DiTiberio, Walter Anderson, George Waite. The Chairman called the meetlin to order and read the petition. All abutters were notified by Certified mail and the necessary publication was made in the Cape Cod Standard Times and the Dennis -Yarmouth Register. Letter signed by neighb&rs. no objections. Letter from Mrs. Cummings, not in favor. I Mrs. Namen: The lot is unique in that it is bound on 3 sides, Berry Ave.. Lewis Bay Blvd.. and Winchester Ave. We have trees and shrubs 25 ft. in height. ,If we broght it closer it would be under water because there is water there all the time. If you wouldlallow this, it would be easier. Mr. Allen: I have the plans. Mrs. Namen: It would be 101ft. one plane and 12 ft. another. The shed would be under water if placed any 4here else. The Cummings' are quitb a ways away from where we want this building. There are no trees around the area where It would'be legal. Mr. Studley: The only thing is you are fronting on a street here. Mrs. Namen: My neighbor looked at this piece and said they have no objection. There is actually more than' 10 ft. Mr. Studley: We have to take it from the lot line though. Mrs. Namen: The size willlbe 8 or 10 ft. a 12 ft. It.will be painted. Mr. Studley: Give us a definite figure. Mrs. Namen: 10' x 121. Mr. Studleyb What it the far back as Could you p ert back you could put it? can. fill in where the water is? Mrs. Namen:: No..:.: It would be too expensive. Mr. Spurr: How about adding it on the back of the garage? Mrs. Namen: It would be too close to Cummings. This way it will be very attractive. I have white pebbles and it will be painted white. y .. a ,. ,. I� -_ . • - I ,. 1 ,�.•� � t`.. IP�I Mrs. Namen: I will brig it down another• '2' �if I can 'with , out � getting into - the water: Mr.•Canniff:-I•represent;the owner who is an abutter no objection. Hearing -closed. ' ... a ..I-., (' : - .. � - • r� 0w*.'!Z: NATTFi / AT)P'itSS: VFTiTTO MIZ: NAME: ADD IXSS : a ' OA"%D 01' APPr.AU -1 n iv neti.tian ui,en completed and signed 'C�caar! uc�tt�, along, wirl rl•e fFe of $20 1. 1. 3.e 1 ere► y appeal from decision of t f-r a rill l i c i earinc on the action cherYed 1. Review refusal of !wilding, Tns ^. Decision of Selectmen. APPEAL N YARMOU711, ALAis. be filed with tl:e t!oard of Sleectnen, 1'arrauth, te:____/��16 9 — nuildirip Indpector and petition }bur Board low: to grant perrut. T, We Veretq request tla action checke below: 1 . Hance from requiremnts of Y,I rtr An ro:•aI of the "oard of Appeals. 3 A crecial remit fro^ He Vioard of Tc nllrw: e5z_v7 .�iriir"�'� 3. Oe.wgon for tl•e "oard of Appeals a 1. Contrary to Zoning "y-Taws as 1. 3 h Zoning; py-Law. Appca Is . as checked below: ows: Arproval of "card of Appeals, or pecial Permit requested under the followi.nr_ dertion of loninF."Y-L."w: I. T. NA7c ,1nA .lddrec?ec of aluttin^ grope t� ol.rners, and those persons deemed affected 11, Lids a^^liCat ion. (at least tl,rce) / 5igne--- rspertfu'.Iq sutm;i ,ed Owner: TOWN OF YARMOUTH BOARD OF APPEALS Name: Joogh D= Address:3.9 E.Tlv= L,%yi So@ y==Uthj t$aae. Appeal J939 Petitioner: Name: Staw3od 0. G Address: 19 !lillow Mm Ere# C=tcrltlioo rasa so OZ32. List all owners of property deemed affected by this petition: V.,frlar tS. VaSfcero b9 tako arjro &d.o t:ntic�ts ^^ea.i. l� t�rz.t:. e�lY, 9,;C+Aer tid.# So. Ya!r�,_»mtbj t3aptist Gtaatai. Canfet�ctuoo of t� p C,J i`�'�olical saptiat Cbtirch, Rto. 288 6*0 titht Robert J. t J4= R1 tf Uop fl=e7 Mop So. Harwichl tafta 1. =biino 11ain=oo go. Tal=uth. You are hereby notified that:tho petitioner Basta a ap=isl mmit awar apprava of ttto Bound of AFpet.la to AUm an adiition to aci existine buUdinv tnslta as the 4tSwaa of LightII ?dldttim to be 30 ft. z 30 ftep to be ussi Ifor ot=eee T oputy'is laaatcd on nto. ss, ,#;;3o Yamwh* W l0 In residential area. GhWn on Assear,=3 rap 52•11. You are hereby notified that a public hearing will be held in respect to this PETITION -APPEAL at the Town Office in South Yarmouth, Massach setts on: J=* 190 1969, at 7130o P.C. The.public is invited to attend. TOWN OF YARMOUTH BOARD OF APPEALS per Kenneth H. Studley Clerk BOARD IA APPEAL PP BOARD OF APPEALS • ? 'PefiMoner: Edmund Fruean'111 , Number: It ♦ n this p M eL•oKM d••mtl .1- • • •-S rat 1 •�t�^, a 3 } Ed Dy this pennon: ,:o;yv* �..� ll Edmund Fruaan 114 Box 96 S. V:-'., 1 ♦ r• Francis E. _& Anna K. Shealy, Box 66S,• , it yt �'n.' #, �d. *i i• e� , \ i . S. Y. H. Theodore & Marlon E, Beau- . �� Y-G a •f: ,..7.5�• , a regard„ 127 Marbury Ave., Pawtucket, i . _ •a • . - ' • • ' t • - " - R. I. Helen N. PIPer, S. Y. • John J. ~ • 1, ' F i = • =t • %• �!•• , ; Dolan Sr., John J. Dolan Jr.'6 Alice ,�, TO �N('N -JO F Y A R M OUT+H i.- L Dolan Jr. Capt. Jonathan Motel i y!_�; t a it. Realty Trust, •U Park St. Attleboro. s -; w. x. i-•. asele Lr-rNm01Y:•.Doa.iN. s. Y. ►Y,,,, 'BOARD OF. APPEAL:s��`-; --Vouan thereby notified that: Ed mund rs.Fruean JII has•requested an approval :,-,J , - • t.i •� ' ♦ " - , .. . : from -•me -Board of Appeals to show the ' } ... ., ,t •?• , {f �C ,•i `use Of the building located at Vl= r -Y +h'�.' -tir. � t - rrt, ' Rte. is Carter- Rd. S. Y. as multiple i - reran units, and to allow whatever al- ' : - + • ! , rteration' % , •..l.k •' • y without necessary for this .purpose, , r j • + . � .„ 'a, r ,.•. 61 . itr without adding adding to +present structure •a •.t, { . j.: "�• .•6: `a t r'. ' •^ size. } 71 f l 7 t :✓Appeal N6.o6 {.. •zr:iiY r t ' J � t Ir e / s •i d '. r r • -'9 (, : a' � .w ' � r 1. w :'•r: 1 .. l.Snown •on •Assessan MeP'#57! Parcel �-- e . I th r •. .,� / * ` •� :1 . t9 -.•rl . )eZaY 16j.- 63 �': -.-„.You are hereby.notifled that a public1. •� *� 1. Y�,Y rYr ,'ti, J: y..VSv.•.- ? - .•+ut.lu'!d"rr�1 aR.'1II, •.,hearing will be held In,respect to this • :1•[: a 1� ' �'1 .. 1 ` .. ! .... , - - ,PETITION - APPEAL at'me Town Of a rI > t - T tfice In South Yarmouth, Massachusetts - - f _j + r. on Thursday, May 16, 1967 at 7:70 pm ' a. -r! IS _ r t" • a - The Public Is Invited to attend ' • ,, -�, �!jr . • - � "• : ..t• .'C' • y_ sr ' I� • '•7j ✓,;.TOWN OF YARMOUTR.., ,. _ I j• r , •rP � .. e � } � l.!+e I•`..�'' * ..t ..y .BOARD OF APPEALS .r ..- . V +' /T , •.. n r ti / • , r S i .•,tea' , 1' •• 1. • i. ._. ! '... n Per. Kenneth H. Stutltey, Clerk - ri •i r! nz •. , .• , i- r . t - ., t, vssartial •,. rs rsresent ' • . { '.�, r t` .. t : 4 �� Lt • . f w . Y .. dry y ... ..� ., Ha es Jr. ' .�. : •r ry ,;''` Y •J� Y'W. A,"! Albert - Webb P ... ,�., .. • �`' • J' ,••� - r �+ �Y \,. �,.�' �)�~.t�•• - '4�r 1• " ,. . S ( •'1�� . .., a fY!' ni, - }/P ♦• T A{6 1•i-r •'f�'� i. �'\•.. �•irh}rl+d G, Y7h21� • I'r. .• .�i. 4. �• `.. :�..•A . '� �.•,1•yy... •1 ,. - .4 •'.� �i ,,-I .r • nj ,p- -� {,r�.\•1 r., tr y 1, JS� ♦Y*'*,.It/�F 'q_ ! _ r1g'D.`sr�,•S�'1 IT'•a•Li '' f J C: e yr n- r.r „ , , • • , •.,';{�..�L(��.�r},e.. }{� < r �'-.8r f,,.0 r, -�,� � a �. .: ! T-1 `v'- sa .-ti ^ ,►.1.� 1 t., � F3 v � iti i� ' bi• .. „+.. ..JL.13� r 2l .. • r'i, *r-- / r r,r v .fl. �Y 1 �•� tt � tt ,ir •• PIT .rYrt4d». is.a er . w.. i. ,�! i. + w e� . t r (: 1 i ' •, �: y t • f I.t—, e tittitibner Edmund`Fru\a a e 4,1. , rerquested-as•pspproval 'froti the -Board of Appeals 'to :211oVr to use of't �.nuiltiin�•]}�c� ed;at/'1230`•.M'e 2Q and Car eriR S? . •••'� 41,,".q., r a t u \r -- d:, ,. _as >" ltiple ;n'St92'l units,-anil ~to a�Iow trkiztete se'teratiohb':rieces"�y`Episppose Vrithout adding tc-cu852�i�` sinicture, 'Sho1r1 on Assessors ..-. �, ..... c �. Hap"#5z,� Par��l 1• w I'15+:-r••J:+sw r•- ••t.. "'•: -r;,. f. •,I i1•' 1 1 4� .. _ eads etit>_oa d r ?lea` l xran { sttY ,that publi Cdtron was aai3e and tiL1 abutters ;note f>•eii r s -� • z •.•, tC�r§ n.opposition. ' • , • ,:. , r . t ,s?S3'�i1na-SheeliropposMd by -let er Mr- �Fru:' Helen` thf �•` u+`,',,rf 'r�'r k" 'per e=iean:Tn�1938-.I-rh;ij- eii� 47a l ' to'ti ls� 9 �e £e�At:t4. -.�,,� w;:rY� ✓lance• a : .< }7^tte„G a p3o�eQstian ^sVe -� .�0. * "yet. he tj"' Tr• •: Iti::ih�.nst`to=s^�1�r{o•t �'3 liicles, rigp: I,have 20,e�Po esaZ'�,Y2*v hiole•t:•� _��• ibus:ness ijn! a bw�din•::',IJ �n q N. �... d�I�egtl . ijz �cauntl dq riviy ys...eg+z'or �, :,i • ve .bo ht•somp'^.nd >orttto•� ;' tax'.::st��stri7l ugto li;�.�y'.. 2_., rMa;r?. aFYr.)rla�ve,al,custo�e ,,2h•. Jorin,�i�^rtr 1», ,T6h•isi��artihit •S�y �Tid�l'�Z' V T �, w� •� r ~ r� • }1r�+F 3• InJt�h I. y.� r r vy��+v , C or'hav� `agr ed to b�TM�` h^ -' t' �'•; t ; 7r y Bod d:T'n.`$hn r r; r n l r• bL11Q1n� CO N/ J , -� �? Y,�,i .1:luutsi, i The ; w rd g, , a , ntr ep*y �nDro • 7ri r%th ; peti rf I'took ''` . :' ltil'�•aTIIIOA t10 . 'fT0�1 tiJe itOII tf0� ~t'" '�T'.+! th".sii qh;I,�§suite Whey had to a�13�rcr the s e 't�hiri¢t`sj hh :rib s4j, * ar e e ,.,�e.• ., . ►. __ , . r goong to �pUt -in •thy; builciin��rr 1lhen` reibui�dt e� r ny'that`l'ranted to•cc'le in but >:r� c r t Pzvfe&., i7,n,•' 1'etiss`ional nature ryt ev dntit ° tMake t2i o` ....A hou2 : ; 1y this: reri£:' ' ' • abEL3us tEhefru"ereri' ;.15fRw�° lour:...15rxi' jig"o r o t maaamii�=c7e �ould'1ha a the T s.un .; r.�;Os �'" its. 2+•p�'. •.'' / v .1^• L'e lould'• l I��ie .:re =here -before ;t�e,}3oard for'tH 1 n� -unite, . he��,:rezcor�Q 2ieed:#d: ate. •�e��r�oaF 1 '•�bw+. ,..r .,, - r•- �s 'and to.• l^io�` Yr , ns' • . '%• t Tr ... C fo2_ ar p hether••.he, c nt d : r . u pse3 ,tilers he is tti g liow orZ the V" ail e o �rlu �t9 use tfie i`i ,:� it +for other oS.�s >.+` ► :' Y ; ?` r• rl �l ybe a!�lowed -t6 �s'e11 I ;',p j� •ij . ' ,.xi_,,I, M9•,:L... - a♦ ..{1 1-/r. i�.^ • l j l . - ,.✓. •, i:'� f N'dJ •t )' , ♦. •�y...r:t \ Y I .. T (, 1 r, a of t •1 f[t� IT a y T,.- , I ...., y� ,because of Carter' ,Road:there-is• `disc'Jnotion4between`tilatfand.'t a : 'Shbp�J3ng Plazas , •jTe�carilt.compare`;ih�• two`: areasrle'_shoulii-have: an Ydea of'.what' �iee^isiitiiiI.- on We"don rt xevenhave a;layout ra's.;tA' • you71� have + e; twb; o'r'three • unj �;=-`Refail :'sal'es� -Co me ". 'could 'in$�cate ;aa baker If •we•-- yJ• � ; . T , grunted th!: ;r ues--.on•the way it-is'worded you could havp�a; ; lbhkery' or anything for, that';•matter,.; 'And.also:we have to consider': ingress �nd.egress6'•';., :,-:ct:. ;ph.: iiar'tin• I wish We could tell 4you who would'be going in:but :we don't have:,ariyr:idea; g we,hadjacenfessional.t�pe,•bnsine'sseq.like a 3ewyer� doctor orI- fe ti * ithenTwe wou]dn�tir r thelaiija>rent'spotato:a:bakery %-actually+'could;bu£tIzdoa,t,ttiiiik we ;would; r 1h'4;Hayes• The way, ;you, have i't-werdiid_zt�is-veryf`}e J,}yla;lre'Can tt'_ ant anything that is vague iniour binds" Yle_know that,the'Shoppnng,Plaza is;or:retail .sales*,' If tenant A rnov©s out tenant•B,will move in. 'Tde know the have ample •parking for. their customers; If you can warrant the 'fact` -that the Board:Will be justif T;d in granting this.. ' Martin:.. Well there IwM.be par ang front, a side and tiie:�'ia> k1=+j•Z�b 2iwe''the area is 13 oo0 it and 23OW Eq, ft, for paTki g, 'That should be 'ai;i�-_Iei i- x'!tue_ iarkinge-@IhenT,a prepared petition we copies from Rte.1 28 Plaza. a esl They worded it so we knew what the s ores were going-, e ancLqT,, ay a were going to build 4 units and there were no questions about7it. In this case because of TOWiN OF. YARMOUTH BOARD OF APPEALS Appeal No. 624 riay 16, 1963 Edmund Fruean III relationship to the land and with f ur definite units it is hard to compare. If you get a tenant we assume you'll use your1juagement. We should know what's going on in the building. Now Joseph Yafrate came in here forla request for an addition and he stated that if we acted favorably on it he would come back and request for specified tenants. The first tenant was an ice cream parlor and he requested that it be permitted. Anythin you ask we try to do if its within reason. Your request as I understand it is for one, two, three or four units. There are so many flexiblities. Ile don'tleven know the size of any one unit, it depends on the tenant to come. I can appreciate your problem and what you want to do. You have such a small piece of land compared to the Davenports 6r Yafrates. I remember the original petition of tor. Fruean and we made in turn the buildi.nglarQund and make an access from the front. 'Mr. Martin: I feel this is a specific request for no more than four retail,units. Mr. Hayes: I can't remember one request that we didn't know what the units were going to be. e kmow wr at you went and we apprec ate it. 21r. Martin: If we admitted to one or two edits then the =cimum would be allowrd and the rinimum would be allowed. I don't think the amount of ingress and egress would be anymore than that of the 12 trucks. Mr. Haves: There is no problem nth re now because it is the type of business where not to many people come into the store itself.. How many times have the twelve trucks been there at anyond time? Mr. Fruean: Very seldom. Mr. 2�Iirtin: Well i can say wre won't have a doughnot shop. t•ir. Haves: I know that but -it we grant it under this petition you could do it. This type of a proposal would be an unknown factor. ts. t;ariin: I didn't know-how to o about this so I went ahead just as the Davenports did. I don't understand how they got it there.'r-4n-"-e tir. Haves: The land. t:r. Martin: Because of -the growth Mr. Frueans business he had to hove and I think anything would be an improvement to the area. t_ir. Haves: We understand your request, but I must say that if I granted this as it is I wouldn't' know what I was granting. Anyone lse on this petition? Mrs. Beauregard: I wa opposed to a y multiple retail units. He is asking for this because he had to more out because it was too spaall for the business, how then can it service another busines You recall he wanted to build on Tarter Road. Since the building has been built facing 28 there has been a refuse barrel and a ladder that face our home and a lot of outside storage. That refuse blows over in out yard and1makes it awful unsightly. When the business closes at night the kids go dothere and they rol77-��the big rocks down the road. Papers all over the neighbor- hood. We liked it down here and settled here put now we are selling out because of adverse I conditions. lie built a fence purpos ly to keep the papers out but it doesn't do much good. We thought this would be a nice plac to live. but we have changed our minds. We had loan spread and had a banking along the sideline Uhtll October of the next year. Our yard was still cluttered with debris. 11r. Fruean won't speak to us'everytime he sees me in theyard he runs into the office, I am in my 60's and my husband has d two strokes. This kind of confu.:sinn is hard to t ake. I bought two evergreen trees at MOO r y6.00 each. One day I was cariying a,cement block to !i back up the side and Mr. Fruean came in and laughed at me. During the night we get very little sleep. There are big trucks pulling in and they come at 2 a.m. an start unloading. Is this a day business or a night business? I Z•F have called the police and also Ur. Homer and he shrugged his shoulders and said this is a.civ�l case. tir. Martin said he knows no other use for the buildii but it was a house before and that's' what it shoud be. We have put up with these conditions - since 1958. N TOWN OF YARMOUTH BOARD OF APPEALS Mr. Hayes: This Board doesn't � The only thing you can do when ; critisim but we can't do everyt approval of this Board. We u Hearing Closed. Appeal No. 624 i'lay 16, 1963 Edmund Fruean III ce he zoning law andiwe have no authority to enforce it. i ve complaints is seek legal advise. We get all kinds of ig. People refer to a variance because this is allowed with rsland your feeling both the abutters and the petitioner. W" Filed with Tovm ClarI:.,00 Petitioner oEdmund,,xueA1irIII This is _ Selci± OF M1111 JUTH OF UpDkLS May 16, 1963 ate PotiD �llcaber'�000.4'��Zo!....�..�oo..000�oo' 00 ooa' Decision an appeal from the decision of :t...n refucing permitto or r _ ,i ion for approval . of The. petitioner requested permit I o-.use the building located at 1230 Route 28 .and Carter Rd., South Yarmouth as multiple retail units and to allow -whatever.alterations necessary for this purpose without addingto present . •structure size. II I:orbers of Board of Appeals p Albert E. Webb Eldredge Shaw Stuart Ryder Harold L. Hayes, Jr. Robert Sherman ilcnhers abcrnt: It appearing that notice of said hlaring has been givan by cending notice thereof to the petitioner and all those awmers I f property_deez--d by the Board to be :affected thereby, and that public notice of such hI arT�n5 hav ing been gi.en by publication in The Care Ccvl Standard Times on Apri 1 2g b May 2� 1963 this hearing tih.s h i ...... ..00�o ...�..o�., a,.., opened and held, on the date first above written, The fo31ir:-Ing appeared in favoctrl oil the petition: appeal: John Martin Edmund Fruean I rA Thn foUowinr; apponred in opposition:' Anna K. Sheeley Mr. and Mrs. H. Theodore Beauregard Reason for Decision: It appeared at the hearing that the property was under a sales agreement to John Martin and he' would like to use the premises for retail purposes It also appeared that during the present -occupancy by Mr. Fruean that his business had grown to such an extent that the premises are inadequate. It further appeared there was a large trailer truck parked at the rear of the premises and there was loading and unloading of supplifes at all hours. This Board is of the opinion that the request by the petitioner is too vague and indefinite for the affirmatiive-action. The Board was informed by the peti- tioner that he did not know to hom he would rent the premises or for what purpose He stated there may be as many as four rental units'on the premises and the Board feels this would distinctly overburden the property. It appeared that this request was in the same form as the request for the Yarmouth Shopping Plaza. This Board distinguishes this property from the locus of the Yarmouth Shopping Plaza which was much larger and located in a different section of the town. This Board feels that onl the most limited type of business should be allowed to -operate from thisllocation and feels that any request acted upon should be made definite to.this Board so that it would know eeactly what type of business would be conductedlat this location. The Board is fully aware of the fact that a variance is not required and this Board•'has the authority;to approve any business by way of a special permit. However,,the Board insists that whatever business is to be located at this site should be made known to the.Board. Therefore the petition is denied. .Io=bors of Board voting: Albert E. Webb In opposition Eldredge Shaw; Stuart Ryder n n Harold L. Hayes, Jr. n n Robert Sherman Tinrafore the petition for approval s gmxkxi: gcXXXit denied and we authorize a vlriance to: on the following conciitiona, viz: llo here► t issued until 15 days from of Decision. �Ls[ LA oo�ec o000000oo o0oeo00000000000000000 o 6 Clerk coo. od '3*a& Edmund Fruean III ' Q:RD Or i Ylr;.;.LS - � R.:OITi'II, 11.JJp This petition when'complut6d andsignedmust be filed with tho Hoard of Solectuon, Yi-=outh, :!asaachusetts, almZ tiritli the fee of a0.00. April 4, 1963 1. I, :.e hereby appeal from decis of the DuildLiiu Inspector and petition your Board for a public hearing oii tie action checked below: 1. Review refusal of Juildilg Inspector to grant pmnAt. 2a Decision of Seloctr=, 20 I, :de hereby request the action checked below: 9 1. 'Variance frora requiroments Df Yarmouth Zoning By —Lair and/ or Approval of the hoard oflA=rd 3. A special permit from t i of Appeals to al.loir: the use of the jbuilding located at #1230 Route 28 & Carter Road, South Yarmouth, as multiple retail units, and to allow whatever alterations necessary for this purpose; without adding to present structure size, ✓ szv�2 /t! .. o �` s,' -S"' �� e`er X 3p 11.eason for the'Board of shmm'on the attuchod plan. action as chocked belovt 1. Contrary to Loning Dy-Lays s follars: 2. 3. 20 Approval of Doard.of Appeal lotiring section of 'Zoning -;y to Section II, Paragrap 2. ] kamo and addresses of abutting j by thin applicatirn (at least th; ur Special Pur_3t ragaostod wider the loll 9p 4 elders, .-ad those parsons decr.md-Xfocted Respectfully sti tied: IM'M Me 7ARMUUTH , D. �u BUM OF APPEALS Filed with Terdn Clerk J U N 6 1953 Bearing Bate: Ey =:L963:) Petitioner: .und Fr san III Petition #624 DECISI02J /02 SO fv 1. 30 Ai e .2 � The petitioner requested permit to use the building located at 1230 Routo 98 and Carter Roado South Yarmouth as multiple retail units and to allow whatever alterations necessary for this purpose without adding to present structure sizoo Memberaof Board of Appealaprescntsl Albert Be Webb He Stuart Ryder Robert Sher= Eldredge Shaw Harold Le fayes Jr. It appearing that notice of said.hearing has boon given by sending notico thereof to the petitioner and all thoaw,crenorsof propertyy deemed by the.Board to be affected thereby: and that p1bl.ic notice of such hearing having been given by publication in the Coo Cod Standard Time on April 25 & May 29 1963# fuse }tearing was openod and held on the date first above writteno The following appearo in favor of the. petitions John Martin Edmund Frnean III The following appeared in oppoaiticnt Anna xo Sheehy a by letter Mr. & Mra. No Theodore Beaurogard . Reason for Decisions It appeared at the hearing that the property was under a calee agreement to John Martin and he would like to use the premises for toUll, purpow3o It also 805ared that during the present occupancy by Mr. Fruean that his buusinass had groan to such an extent that the premises are inadequateo It further [appeared there was a large 'trailer truck parked at the rear of the promises and there was loading.and unloading of supplies at all hourao . This Board is of theopinion that Itha request by the petitioner is too vague and indefinite for the affirmative action. .The Board was informed by the petitioner that he didi not know to whom he would rent the premicos or for what purposso He stated there may be as many as four rental units on the premises end the Board feels this would distinctly overburden the proms pertyo It appeared that thisrequset was in the sumo farm as the request for the Yarmouth Shopping Plrtao This Board distinguishes this property from the loeusof the Yarmouth Shopping Plaza which was much urger and locatedlinja different section of the toUno This Board feelsthat only the moat limited type of businoeashould be allc*nd to operate from this location and feels that !any request acted upon should be made definite to this Board so that it would know exactly what type of business would be conducted at this location. The Board is fully aware of the fact that a variance is not required and this Board has the authority to approve any businesalby tray of a special permito Howevere the Board insists that whatever business is to be located at this site should be made known to the Boardo Therefore the petition is dani.edol Mombera of Board votingt Albert.Ee Webb - opposed Eldredge Shaw - opposed He I Stuart Ryder - opposed Robert Shermen o opposed Harold Lo Hayes Jr. - opposed Albert Be Webb Acting Clerk TOV I N OF YARMOUTH b0 gs BOARD OF APPEALS No. .,1./ ............ DECISION te /aa a R7le-;e- This is' an appeal from decision of Selectmen refusing permit to: or I etition for approval of: � f% The Petitioner rVuet..permit to.. . .. ..(4'r'� tir+,.fr1t�,scl.... . ...��:Srlh�`."'. ........................................................... which was, refused because ...............................1(................. !...................................................:.............................................. �EbnEi�iyYttixhcxottmg s. in that ....Ia...SA.a�.i al...pe.rmLt..mf...the...Board...o-f..App-oa•l-a- l.s„ required 0...1.�.0`?�..?zu;�.i{tl.eSS...Rz1. �iA.uir.e..#2fl..................................................... «. Members of Board of Appeals present) i Pre=nt Absent a 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 they Board to be affected thereby, and that public n�o�t/iice� of 1yh earing j K��L:dsuelyi' having been given by publication in the Cape Cod Standard Times on ....................,.. .........., .................. .... ........ the hearing was opened and held on the date first above written. The following appeared in favor of the) Petition: Appeal: /ffez—C-- The following appeared in opposition e Petition: l Appeal: None The Petitioner submitted a sketch of the proposed building entitled "Shop & Office.for,;.Fruean Zlectric, Route 28 & Carter Rd., So. Yarmouth, by J. F. Keveney" and also working drawings for the proposed structure. This building is.of coloni l design and is in•keeping with the existing structures on Route 28. 1 The portion of the. building that faces Carter Road is of such design tha it will not adversely affect the approach to the residential.area that xists on Carter Road. The Board therefore approves the request in acctordance with the plans and drawings submitted to allow the structure to a set back twenty feet from Carter Road. All other setbacks and s'�d line distances are to be in accordance with the zoning by-law, rt ap eared that the lot' in question is a large lot. having,85 feet fro.nta,go on Route 28 and 150 feet depth on Carter Road. The proposed structtire is 59 feet in width and the Board feels that a hardship would exl,s .were the building to be set back 30 feet from Carter Road. It appeared that the existing lot existed prior to the change in the zoning'o dinances that required a•minimum of 100 feet on each side for a corner lot, and therefore with a lot of this size a hardship would exis if 30 foot sideline requirements.;:were made on Carter Road. The Board further finds that the public good will not be adversely affected and that the intent of the zoning by-laws will.be pubstantially adhered to relative to the 20 foot set back on Carter Road. ............................................................, ....................................................... No permit issued until 15 days from date decision. TOWN OF YARMOUTH OF APPEALS September 4th3 1958. Appeal No. 431 Fruean glectrical Co., The petitioner requested permission to erect an electrical business on the west corner of Route 28 and Carter Road, South Yarmouth, which was refused because a special permit of the Board of Appeals is required to allow business on Route 28. Members of the Board present: Harold Hayes, Jr., Alexander Catto Paul Webber jEdward Rich Jr.. �enneth H. Studley The following appeared in favor of the petition: . Fruean stated his case The following appearIed in oppposition: I None Harold Hayes: If the petitioner is present I would like to hear his case. Ed Fruean: 'As you hsiow I asked.for the approval of this building on the same lot before, biit the objections wdre that it faced the wrong way. The plan I had before was not properly -made and I hired a man who knew what he was doing and I have a plan here that shops exactly what I want to do and I will have the building face Route 28 instead of Carter Road, which makes it better. I should be 30 feet from Route 28, but I would like to go in further on Route 28 and not so far on Carter Road. Harold Hayes: You are requesting to have 20 feet on Carter Road. Ed Fruean: Yes,becaule I would like to use that land. Harold Hayes: •Arelyou going to have cedar shingles on the side. Ed fruean: I wentlto see Mr. Larson &her. Beauregarde and they were in favor. 1 Harold Hayes: Will you have any outside storage. Ed Fruean: TherelwiL be no outside storage of anything. Paul Webber: Willithle driveway entrances by on Route 28? Ed Fruean: The jolaainlg platform will be in the rear so.that Memasket and Baxter can go on he land in the back. Harold Hayes: -NI further questions I will declare the hearing closed. i i ' Q� l BOARD OF APPEALS IYARMOUTH, MASS. This petition when completed and signed must be filed with the Board of Selectmen, Yarmouth, Mass. oZO Q,wo7 (S� 19 1. I WE hereby appeal from decision of the Building Inspector and petition your Board for a public hearing on the action checked below: I (1) Review refusal of Building Inspector to grant permit (2) Decision of Selectmen 2. I WE hereby requlst the action checked below: (1) Variance from requiroments of Yarmouth Zoning By-law (2) Approval of the Board of Appeals v (3) A Special Permit from the Board of Appeals to allow: 5'nEGT/��✓ O� EG�'GT�-►�A-c, F3✓5/��.5� O`� �'/}� y,i�rr GoYt•rlEi OF 2��TF Z- + G/�2r62 RoreO shown on the attached plan. 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 Boar requested under By-law: j �_Wm of Appeals, or Special Permit o following section of Zoning r I• Names and addressed of 'abutting property ovdhers, and those p3l�cons deemed affected by this application (at least three): especully submitted z u� �P ,...-, Namez/f ddress x&--cT- V, The Petitioner' requested p Town of Yarmouth �1 �d • $ BOARD OF APPEALS No.../ ................. 33�af .DECISION �G�D / /9s" This is an Appeal from decision of Selectmen (refusing permit to: or Petition for or of: permit to l.�-l�� t'1.....J . I / .....n �...... 1 contrary to the zoning by-laws, in that Members of Board of Appeals present: Presentt �A��G fA�'-�N Sz--2r- A Ib- S� ...................................... " which was refused because vt.....QA.....:�..... P�E�,.�.. Absent ea a vC It appearing that notice of said I ingLL has been given by sending notice thereof to the Petitioner and all those owners of property deemed fby the Board to be affected thereby, and that publi notVice of such hearing having been given by publication in the Cape Cod Standard Times on ....7?J...` .......... .......... ................................. e........... the hearing was opened and held on the date first above written. I The following appeared in favor of the Petition: The following appeared in oppositioi Reason for Decision: The Board is of the opinion that the plans submitted indicate that the structure will not be in keeping with the property in the immediate vicinity of the proposed location. Specifically, the Board is of the opinion that the structure is designed in such a .wayl that it will have the appearance of a warehouse and the number of overhead doors facing 'Carter Road the Board feels will be detrimental to the neighborhood and would adversely affect the gen ral appearance of Carter Road. Carter Road is in a residential area and consists of homes and the Board feels that the structure Ias proposed by the petitioner is not in keeping with the existing dwellings. - Members of Board Voting: IF-PWAAP' A 2rc,4 Therefore, the Petition for Approval is.gnmed and we authorize a variance to..........................................................:.................................................. on the following conditions, viz: No permit issued until 1S days from of decision. ..4!::!:''.!:...................................... ()c;7, G. Clerk L TOW ;OF YARMOUTH Al92177:FTI � Fruean Electric Co. Appeal No. h29 August 7, 1958 The petitioner requestedlpeimission to erect a shop and storage building to conduct- electrical business which was refused because Route 28 requires approval of the Board of Appeals. Members 'of the Board present: Harold L. Hayes Edward A. Rich Jr Stuart Ryder Paul l Ryder Albert Webb The following appeared in favor: I Ed Fruean I The following appeared in opposition. MI. Larson MT. Beaure gard Mr. Hayes: If the petitioner is Resent Iw ould appreciate hearing his story. Mr. Fruean: I don't have too much to say., but I would like to build a Cape Cod style shop. It is albusiness that runs from 8 to 5 o'clock no week ends and Sandays. My reason forlmoving is that my father and I are parting company grid I would like to havela business'on the highway. I thinkas far as the build- ing is concerned it willlbelas nice as any building on the highways and in my opinion better than a Tastee Freeze on that corner or'a gas station. I have some plans I would like to submit. Harold Hayes: Where is thl entrance tot his building. Mr. Fruean: On the corner of Route 28 and Carter Roads but really Carter Road is the entrance. Harold Hayes: -Do you plan to have a driveway. Mr. Fruean: I have three small trucks really jZ ton trucks and they will leave in the morning and return at night unless they forget something and have to come back for it- There really Brill be amount of traffic to speak of. Harold Hayes: The abutters can peruse the plan and if anyone wishes to speak in favor I would be.gladito hear them. Do anyone wish to speak in opposition. Mrs. $ouregard: How would it affect our land on the other side. You know they . III`j TOW � OF YARMOUTH BOARD OF APPEALS Fruean Electric Co. Appeal No. 429 August 7.9.1958 raised Rose Road and I highway. Harold Hayes: Is this lanI going to be filled. Mr. Fruean: The grading will remain the same, but I must fill in for the building and to bring it up to the highway. Mr. Larson: I don't see why he wishes to put a shop in the residential district. I think it will interfere with the traffic and I don't approve of it at all. Mrs..Beauregard: I t the plans are very inadequate. Mr. Larson How close will�you come to the Larson line. Mr. Fruean: The lot isl 15 4 deep and I would say it will be about 70 feet from -your line. I plan to leave the trees on Larson's and Beauregarde's Bide, Everything will bellon the corner of Carter Road arrR Route 28. Bouregarde: How far from Route 28 will it be built. 4 Mrs, Cox: Will it interfere with T. o: Mr. Fruean: I don't believe it will. I p]J.n to build the building 30 feet from the road. i Mr. Beauregarde: I would object to anything that was not in line with our building. .I would like to see something in line with the other houses. Mr. Homer: I would likelto say -that in a residential area the buildings must be 30 feet from the street and in a business area 20 feet from the street. Mr. Fruean; I think Mrs. Bouregarde is thinking in terms of trucks rushing in and out. Mr.,Hayes : Are you planning any sales from this building. Mr. Fruean: I have ab'ou-� 20 square feet of lighting fixtures I would like to have displayed in the window facing Route 28, Harold Hayes: If therelare no further questions I will declare the hearing vlosed. I l IOARD OF APPEALS YARMOUTH, MASS. This petition when completed and signed must be filod with the Board of Selectmen, Yarmouth, Mass. 1. I M. 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 I (2) Decision of Selectmen 2, I PIE hereby regl a +t the action checked below: (1) Variance from lequirements.of Yarmouth Zoning By-law ✓(2) Approval of th� Board of Appeals ` (3) A Spocial.Permit from the Board of Appeals .✓ . to allow: �qEG�/O OF SffOF' t ST fw?6E IaLDG OW 7'WE I wFsf GO n-HA51% of crtn rE►t 130 -f RovrE SFr, a'V Lq..ro o�.wEo `f !-l• L cS ter} LL. -77rle 7v 4 E y-n, g Ken OV'B'� F/?vr �arSGF_ ,ptJ'iv,/ a Qog2D or RPPE LS , shown on the attache plan. 3. Reason f or the Bol d of Appeals action as checked below: (1) Contrary to Zoning By-laws as follows: 2 3 I (2) Approval of Board of Appeals, or Special Permit . requested under the following section of Zoning By-law: Names and addressed of abutting property owners, and those persons deemed affectedlby this application (at least three): Respectfully submitted, Name Address ., L Ve s �M^e,o ,.