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HomeMy WebLinkAboutDecision 805A7J3 - i-� Filedwit�s: Tojaz� Clerl�: Petitioners- Joseph M. and Barbara Walker TOWN' OF TARMOUTH BOARD, OF APPEALS DECISION Hearing Date: - Petitiou l 805 7/7/66 The petitioner I"quested approval of the Board of Appeals.to- conduct a general horti- cultural' (flower. and nursery) b_usiness'.together'with items related thereto upon property on 18$ South'Sea'Ave.� we at`Yarmouthi•which'said property contain a: 3.,acrea for said -use: Included. in.said.use'to be sign "The Vi kers%..- No_exterior alterations to existing b d ldinge : contemp `twit :: Shown .on assessors map 230parcel' F1. .� Members. of: Board of Appeals present:` Stuart:Rydsrp Walton Jenkins Harold L. Hayes Jr. Bo DiTiberioj-Albert Webb.: ! tt It'appearing tliat notice of.,aai hearing has been given by:.aending notice thereof to the petitioner aaid'all-those,,owner of property deemed by. the, Board' to be'affleoted.thereby, .and that public, notice of;snoh.kearing having been given by'pablication in the.Cape Cod Standard Times 6u 6/23/66 and 6/3946% the-.hearing,xas 6pened-8nd held, on the date first above written.': The following appeared in -favor of,the petitions John He-Cxnpbellp Oretchea $..Campbell - Esther L.'.Kershawj� John 'Ke�rahaws'J Bel*,M.'Kraird by"letters. Mr.'Arditop Mrs. Baker - Mrs 'McKsr and'Mr. Hi71. i The following appeared'not in oppo tion.9bit.with questionsi Mrs•-Dorenp Mrs• Cutlers • Miss -Kai itel =and Mrp.. Patten. Iteason for deoisions.'It;appeared at the hearing. that' there would be no changes to the existingbuildings;on_the 'property; with -the exception ,of an addition of.a greenhouse. It_itirther`appear d at, the, hearing,�,the•zoning by-laws allows under Secticn'II xhe:greenhouse.appeared to be-appati ]y s which is *,. designated "Residence : Diatriot �Jsean, ,sub-paragraph`.5s .' farm or gardens. without .they approval of.thie'board;' Ho�rerl pnder'.Seoticii IIssub-paragraph-.8.9 the zoning`bywlasrs provide: as follows "Any pf.'the'fD1Iowing uses, on approval. of the Board of Appeals" sub -paragraph (c)=;"Oreenhouse or Nursery". Therefore,:. this'. Board: finds that.under'the provisions of the zoning by -lax this „board has the discretion to a7lAW thi,isquested Use in a residential' area....T4ie board oonsideied.the u"'.that :was .requested' asid makes .the following'findiagsi,; 1/ .1),It''appeare.d'.that the -b"'►�.to,-be used: be, set back froaa the main. street and -will,not in. any xay,aff6t,the present .eaistang buildings'in the imiaediate' vi.cinitr; 2). It' appoarther ed there would be ;edequate off-street pa'�f, ' 3)-It appeared that°e woul�,be'no change in'the'-premiaes that%mould'detraot in.any war from a.residential neighborhood- The. Board therefore petit toner a a.roquest with the', following conditions �.. P .10 That-there-vill be no new buildings other than'the greenhouse mentioned without the approval -of vii-a board; „. 2. The Agn.is allowed with the understaaading:that"the aize will be.no greater : than 6'squar@'feet.It is notsd-that this'siga�will­be in keeping.with Section 273 Residence District Uses''aub-paragraph 7 (c). 1 z _. Joseph(.M. and Barbara Walker - Appeal 005 continued After a full.. discussion and deliberation by --the Board relative to;&ether or -not the requested use will have: -any adverse affect,on•he-neighborhoods the Board•.is of"the opinion that it Will have no.adverse, affeot-on the neighborhood. The, Board 'speoifiaally finds,that.the public good will not be, adversely affeoand the,Board Specificallyfinds, that -the. intent and purpose'of the zoning by-law.will"be substantially-`adhered,Wby.grauting petitioner'a request.- Membera"of}Board voting Stuart .Ryder# -Walton Jenkins, Harold L. Haesp Jr.j-E. MTiberioj9 albert`Webb = alh votedin favor. Therefore the .Petition for Approval is:grante4 -And'we:authorize..a variance•to%- conduot a general horticultural business in accordance with-regueat� � idth . the: ,'oondition mentioned 'above] and , to allow. _ a.. sign • not .larger --:than 61 ... square feet:' : , • '... .. .. . ,. -- No permit issued `until, 20.,days f ,fromi date 'of decision with.the To m Clerk.' Albert E. Webb Acting Clerk -Board of Appeals .,� DONALD F. HENDERSON Attorney at Law 776 MAIN STREET HYANNIS, MASS. 02801 Tol. 775-0810 — 775-1904 TO William E. Crowell, Jr., Esquire 49 Elm Street Hyannis, Massachusetts 02601 DATE December 28, 1978 SUBJECT "Notice of Variance" 185 South Sea Avenue, West Yarmouth owned by Joseph M. — Walker et ux" w YI y Dear Bill° Enclosed herewith please find Notice.of Variance re the above f captioned_.as per your request.... W 8 DFH- dl Enclosure,_. , LA W 1 f i SIGNED - DATE . DETACH AND RETAIN THIS COPY ' THE COMMONWEALTH OF MASSACHUSETTS ' YARMOUTH .................................. ............................................_..................... e1Tr oft -TOWN BOARD OF APPEALS ........................December 2E......... 19 78 NOTICE OF VARIANCE Conditional or Limited Variance or Special Permit (General I.awa Chapter 40A. Section 18 as amended) Notice is hereby given that a Conditional or Limited Variance or Special Permit has been granted To......................IQSapk1..N1, .............................................................. owner or petitioner Address.............185 South Sea..Avenue. .... .................................. City or Town.... West Yarmouth, Massachusetts ... ............................................................................. ......................... ...&..]I4o$..289.. VA9P..H..=..P.QOa..l�� Identify Land Affected ..........................:L03..Xage... 36.3..m..1.@5... South....II-gAt..Xa an.Qi3 ....Mass. City by the Town of..................Yarmouth__•_,..______._____•__-•.._......•••..._.Board of Appeals affecting the rights of the owner with respect to the use of premises on. 18.`.:..SSatlth...►��a..A,Y.�?1�e.r...W..et. YaxiilQ.h.....M.a&s.,.. Street City or Town • the record title standing in the name of Joseph_M. & Barbara Walker ................................................................. whose address is.I.U... Quth..&ea..AYe.Abu....14e..;..1'axmQuMir... MasaaChuaekt5--- Street City or Town State by a deed duly recorded in the .... BaTnatiWa re............County Registry of Deeds in Book .....7 Q 3.... Page... 3 6 3 .....0....................................................iiugiRta�cDa�arorot:ofc�htsdau 8 itfa` Nu ................................. ll bar................:mKex...........-•-- The decision of said Board is on file witlt the papers in Decision or Case No ... 805 City inthe office of the Town Clerk........ f Yarmouth. . ........ ......—........................................................_..._..... Certified tltis. $t??-day o{.._._December ...............................19 78. Board of Appeals: . 4,.._�, l f�:�� - r �................Chairfnan .........::............. .... Board of Appeal. ..............Clerk Board of Appeals ................................................ 19........ at .............. o'clock and ........... ................ ..... minutes ....M. Received and entered with the Register of Deeds in the County of .......................................... Book........................ Page ........................ ATTEST Register of Deeds Notice to be recorded by Land •Owner. FORM 1094 M0996 & WARREN. INC.. REVISED CHAPTER alr•la.a OQ3NER Name: Joseph M. and Barbara Walker APWAL # eO 5- Address: 185 South Sea Avenue, West Yarmouth By their Attorney, PETITIONER: Name: Charles J. Ardito Address: BOARD OF APPEALS - YARMODTH, MASS. This petition when completed and signed must be filed with the Board of Select= Yarmouth, Hassschusotts, along with the fee of $20,00, Date 6IL16 Paid S2o.00 1. ibara Yoraa pub c hearing ann�thhee action chookeBail "Id'b lw Inspector and petition your 1. Review refusal of Building Inspector to grant permit. 2. Decision of Selectmen. 2. I, No hereby request the action checked bolox: 1. Variance from requirements of Yarmouth Zoning By -Law. xx 2. Approval of the Board of Appeals. 3• A special permit from the Board of Appeals to allow: %3 - F/ 3. Reason for the Board of Appeals action as chocked below: 1. Contrary to Zoning By -Laws as follows: 1. 2. 3• 2. Approval of Board of Appeals, or Special Permit requested under the folla;ing section of Zoning By -Lax: 1. Sec. I 2. nTA F11" ao r seen gnk Y m t�it�sse liaise and ad sl abut pr r Y o, this application. at least throe Included in said use to be axxmxexaxas sign "The Walkers". No exterior altera- tions to existing buildings contemplated. said property daby By t e r Attorney, Char J. Ardito TOWN OF YARMOUTH BOARD OF APPEALS Appeal No.805 Joseph M. & Barbara Walker 185 So. Sea Ave. West Yarmouth, Hass. Members of the Board present: Harold Hayes, Chairman Albert Webb H. Stuart Ryder Walton Jenkins Emanuel DiTiberio Chairman called the meeting to order and read 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 from Joseph Kranin, M:D., favors request. Also, letter from John Kershaw, and John Campbell, in favor. Letter from Mr. Berkson in opposition. Plans presented. Mr. Ardito: This place is 3 acres in size. Actually is 5 acres, 1 acre is house. They have always had farm products, etc. here. Each year at Christmas she has a Christmas sale. Not only Cape Codders come but they come from all over to buy these items. There will be no exterior changes in vision. The.only'change will be the addition of a small greenhouse. This greenhouse still be an addition to the present hcu se in back. He intends to keep this place as green as it is today. Will never cultivate, does not want to make this a large commercias business. Mr. Hayes; The place that will be the storage and showroom sits back about 1401. Mr. Ardito: The sign, the most non-commercial sign, is about 2 x 31 saying "The Walkers". Mrs. Baker: This is not a new thing for this place. Hy relatives had this place and did just this same thing. They had a full time Gardner. It will revert back. Nlrs. McKay: We purchased land from the Walkers. I am in favor. The'reasod I Wanted the land was because of the trees. Wo don't want hcu ses there. Hrs. Doren: I am an abutter. Please explain what items they mean in the petition. Does this change the zoning law? ljlr. Hayes: No. You can have a nursery under the present zoning. Mrs. Doren: What if this business didn't survive, what would happen? Dir. Hayes: They can only sell trees and flowers. They couldn't do anything else without coming back here. This does not rezone into a business area. If we come out in favor, they will be limited. They will have to come back here for something not listed here. Mrs. Cutler: Could we have more specifically what is for sale. J805, cont'd. Fir. hill: I am in favor. This is fundamental economics. Tile are better off to have it this way. This will benefit the whole area. We will help him to compete. F".r. Ardito: This is not to be a commercial business. A general nursery business; growth of flowers and itegetablesp sitle of shrubs, loam, fertilizer. Most will be grown and some brought in. - Mrs. Cutler: Some nurseries have girt shops. Fir. Hayes: There will be bo gift -shop. There are certain items that go along with the nursery business. Mrs. Doren: Did he say there will be shrubs and fertilizer? 21r. Ardito: Yes. Mrs. Doren: I d2n T understand it that way. Fir. 1&itney: I am opposed to this. It is a commercial venture in a residential zone. You give a variance on this and you will have to give it on other things. Mr. Hayes: This particular matter is not a variance. He asked for approval. Under the by-law there are certain things that are allowed. A variance is against the law. This is not such a case. A nursery is allowed in a residential area, along with other things. A show of hands shows a count of 11 people opposed and 6 in favor. Hiss Kapitel: You said it is beneficial. What did you mean by this? I understand that the zoning is residential. It seems to me that this would be commercial. Mr. Hayes: The zoning by-law of the town defines what should be used in a residential area. You call have various things. A lot of these things are business things but they are allowed, in a residential zone. We may or may not approve axV of these, if we feel it would have an adverse effect on the area. It is a question of discretion. In this hearing tonight it is one of discretion. Mrs. Patten: A motel can be built in'a residential area? Mr. Hayes: We are guided by what you say and what' will happen to a neighborhood. Mr. Ardito? This request may be interpreted as a non -conforming use. There will be only about 2 more people helping the Walkers. Mr. Hayes: How about parking? Mr. Ardito: There is ample place for parking off the street. They will naturally have to bring in shrubs and flowers for the first 5 years. It will be nothing more than what is there now. Mrs. Daten: Will the driveway be enlarged? Mr. Ardito: No. If this does not Co through, it will be sold and sub -divided. Hearing closed.