HomeMy WebLinkAboutDecision 3057t
FILED WITH TOWN CLERK:
HEARING DATE:
PETITION NO:
FEB 11994
January 14, 1994
3057
RECEIVED
'94 FEB -1 P2 :39
T J�V6 OF YAPHUL'iFd
1OWN CLERK & TREA•`UF 1 1:
PETITIONER: Wayne Courtney, Milford, MA
PROPERTY LOCATED AT: 897 Route 28, South Yarmouth, MA
and shown on Assessor's Map 28 as Parcels J1, J2, L8 and L9.
PETITIONER REQUESTS: A variance from section 301.4.7 (2)
to allow existing curb modification to lessen the width of curb cut
from 32' to 24' and for any other relief that the Board deems meet
and just.
MEMBER OF THE BOARD PRESENT AND VOTING: Fritz Lindquist, Zoning
Administrator
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.
James Jodice of Down Cape Engineering appeared to present the petition
to the Zoning Administrator.
Mr. Lindquist read the correspondence into the file:
1) Site Plan Review
2) Paul Turner (letter in opposition)
Mr. Jodice explained that the property will be used for a laundromat,
which is an allowed use in the Limited and General Business Zones.
Mr. Lindquist pointed out to the applicant that the section that they
applied to is correct (5301.4.7 (2) but the wording of the request
is incorrect. They need a variance from the distance of 250 feet
between driveways, not permission for a curb cut. The correct wording
of the request is contained upon the petitioner's site plan (dated
1/6/94).
Mr. Jodice stated the petitioner is prepared to comply with all of
the conditions set forth in Site Plan Review meeting except for the
suggestion that the septic be put from East to West due to possible
expansion. The Health Department said that would be fine. The
petitioner explained that the current curb cut is 33' and the
petitioner will reduce it to be 24' wide.
No one appeared at the hearing in favor nor in opposition to the
appeal.
The only request for relief before the Administrator is for 5301.4.7
(2),•relative to the distance separating the center line of the
driveway from the near -by public way (Pine Grove Road). The petitioner
represents that it will comply with the other requirements of the•
zoning by laws, as noted in the Site Plan Review Report, and no relief
from any of these requirements is addressed hereby. The petitioner
understands that they must address other regulatory requirements,
including Health and septic requirements, with the other appropriate
Boards and offices, and no relief from these requirements is to be
implied by this decision.
As to the curb/road separation, the Zoning Administrator finds that
the existing curb -cut is in substantially the same location as the
proposed curb cut, approximately 58' from the side -line of Pine Grove
Road. While the locus has approximately 2931 of frontage on Route
28, almost half of this is at the narrow westerly end of the lot.
The lot, as shown on the plans, contains a narrow triangular area
at its westerly end which prevents its use as a practical location
for a curb cut. The existing lot configuration therefore appears __
to preclude full compliance with the requirements of
5301.4.7 (2), and the existing and proposed curb cut appear to be
a reasonable location, given the attendant circumstances. To the
extent that a variance is required, the Administrator is satisfied
that literal enforcement of this by law would impose a substantial
hardship, which results from the shape and configuration of the lot,
and that the relief requested may be granted without substantial
derogation from the intent or purpose of the by law, and without
causing substantial harm'to the neighborhood or the the Town generally.
Therefore, the Zoning Administrator hereby grants the petition, to
allow the driveway to remain and be located as shown on the
petitioner's Site Plan dated January 6, 1994 (showing revisions through
December 30, 1993).
No permit shall issue until the passing of twenty days P*om thZ filing
f thi decision with the Town Clerk. r,}
o s
il -
David S. Reid, Clerk
Board of Appeals
n
.-p
m,_
THIS DECISIK SHALULa,E MADS . .
APPEALS FROM
TO ss17 c.40A &2MST At LED
PURSUANT
WITHIN 20 DAYS AFTER TI1E»ILING OF
NOTICE/DECISION W ITH THE TOWN
7HIS
CLERK.
t.
APPL# 3057
PETITIONER: Wayne Courtney
OF TOWN CLERK:
I, George F. Barabe, Town Clerk, Town of Yarmouth do hereby certify
that 20 days have elapsed since the filing with me of the above Board of
Appeals #3057 decision and that no notice of appeal of said decision has
been filed with me, or if such appeal has been filed it has been dismissed
or denied.
George F Barabe
Town Clerk