HomeMy WebLinkAboutDecision 1909Filed with Town Clerk:
HPAR
Petitioner: J. O'Loughlin, Inc.
2 Harold St.
Harwichport,Mass.
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
Hearing Date: 2/10/83
Petition No.: 1909
The petitioner requested a variance and/or approval and/or a special permit
from the Board of Appeals to allow a modification and revision of an existing open
space development. (Approved by Special Permit granted Feb. 13, 1973, Pet. #1239).
Part 1: Being lots 90 thru 95 and Foxhurst Lane, Yarmouth, shown on Assessors map
#104 as parcels E90 thru E95. Part 2: Being lots 120 thru 123 and portion of
Freeboard Lane, Yarmouth, also shown on Assessors map #104, parcels E129, E121,
E122 and E123.
Members of Board of Appeals present: Donald Henderson, David Oman, Augustine
Murphy, Myer Singer, James MacNeill.
It appearing that notice of said hearing has been given by sending notice there-
of 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 publi-
cation in the Yarmouth Sun on 1/26/83 and 2/2/83, the hearing was opened and held
_+ on the date first above written.
• The following appeared in favor of the petition: Mr. O'Loughlin, petitioner.
The following appeared in opposition: None.
Reasons for decision:
This is a request for a modification and revision of an existing Open Space
Development originally granted 2/13/73, under Pet. #1239. One portion of the request
involves the elimination of a cul de sac at the end of Freeboard Lane, and re -division
of 4 existing lots, plus the cul de sac and the 4 new lots. The other part of the request
involves the elimination of a cul de sac known as Foxhurst Lane and re -subdivision
of the cul de sac plus 6 existing lots and the 5 building lots. If the request is
approved, the number of buildable lots will be reduced by one, thus more efficient
use of the land is provided and substantial areas of black top will be•eliminated.
Reports were received from the Planning Board, Conservation and Board of Health, and
no opposition of the request was expressed at the hearing. The Board is of the
opinion there will be no undue nuisance, hazard or congestion created by allowing the
request, and the Board finds that there will be no harm to the established or future
character of the neighborhood or town. Consequently, the request is granted.
Members of Board voting: Donald Henderson, David Oman, Augustine Murphy, James
MacNeill, Myer Singer. All voted unanimously in favor of requests.
Therefore, the petition is granted as requested, for the above stated reasons.
No permit issued until 20 days from the date of filing the petition with the Town Clerk.
JAMES MACNEILL
Clerk, pro tem