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HomeMy WebLinkAboutDecision 1964TOh^. OF YAP,4017)i BOARi, Or APPEALS Filed with ]own Clerk: ! j Petitioner: Bass River Sports World, Inc. Route 28 S. Yarmouth, *lass. DECISION Hearinf Gatr: ;ll,/%. Petition %c. 1;6» The petitioner requested approval and/or a special permit from the Board a! Appeals to allow the construction of an electronic bank teller kiosk on an existing concrete pad in the parking lot of petitioner's property located on Route 28, S.Yar- mouth,Mass.,shown on Assessors map #35-u14, being in the Highway Commercial District. Members of Board of Appeals present: Donald Henderson, %hy er Singer, David Omar., Ihoma< Kennedy, Les Campbell. It appearing that notice of said li:s-ring 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- catior in the Yarmouth Sun on 6/29/83 and 7/6/83, the hearing was opened and held on the date first above written. The following appeared in favor of the petition: Michael Stusse, Attorney for peti- tioner; Atwell Collins, V.P.Bay Bank; Mr. Tickinello; Mr. Nickinello, Sr.; Joseph The following appeared in opposition: None. Reasons for decision: Ibis is a petition to construct and maintain on property described in the Appeal Document, an electronic Bank Teller :..Lusk, at the precise location described and depicted on the Site Plan and Survey compiled by Technical Planning Assoc. and Low 6 Weller,Inc, dated .iune 21, 1984, and submitted by petitioner in support of its request. Petitioner's proloerty is located in the Highway Commercial District as respects its zoning classification. The site chosen for the electronic Bank Teller Kiosk is located in a large parking area which services several commercial establishments located around the perimeter of the parking lot. The precise spot chosen for the Kiosk is in an area seldom needed by the other commercial businesses for parking needs of their respective customers. At one time, this particular spot was the site of a 'Tote -mat" Kiosk, which use was heretofore abandoned. At present, the entire parking area is considered a non -conforming use because of non compliance with the parking and loading requirements, and buffer strip requirements of the current zoning by -lay:. The Board is advised that the proposed electronic Kiosk will house electronic machines, witr nc human employees attendant, and its presence will not generate substantial additions: traffic. The Board finds that the proposed construction and use of this Kiosk is a use w-ic! Is in general harmony with the intent and purposes of a Highway Comercial District. Although the Board is of the opinion, and has so required in its decision, that the petitioner should construct the buffer strips shown on the site plan and plat of curve•: submitted by petitioner. The Board feels that further compliance with the parking requirements of the zoning by -lag can be waived or reduced under the autho rit-, of Se_. Pe E i t i on Nc . 196:. PaL%.. _ 3114 ka) and (c) of the zoning by-law. As respects the parking lot here in quest i:: , and its current use by the commercial establishments on its perimeter, special cir- cumstances exist and render a lesser provision for parking adequate for all parking needs, including the proposed kiosk and the customers it will attract. The variou!� commercial establishments using this parking lot have a Teak demand eccuring at different times, and the very nature of some of these businesses have peculiarities of use which render usual measurements of demand invalid. In addition to the foregoing if the construction of the described Kiosk is to be considered both a change in use of a prior non -conforming use, or an extension or alteration of the Lame, the Board finds that under the provisions of Sec. 1532 of the zoning by-law such change, extension or alteration will not be substantially more detrimental to the neighborhood thasi the existing non -conforming use, especially when considered in the light of the improved islands and buffer strips which the petitionner is required to make in order to validate this grant of a special permit. The *petitioner is therefore granted a special permit to construct and maintain an electronic bank teller Kiosk on an existing concrete pad as requested, provided, however,that the Kiosk structure is constructed as respects size, exterior appearance and landscaping in substantial conformance to speciman Kiosk shown on specific photo- graph submitted by petitioner as evidence at the hearing on this appeal; and provided further that the petitioner construct the islands and buffer strips (4 in number), along the perimeter of its property abutting Route 28, of the size and at the locations uborm on the site plan and survey referred to above. Members of Board voting: Donald Henderson, David Oman, Myer Singer, Thomas Kennedy, Les Campbell. All voted unanimously in favor of granting petition as requested. Therefore,the partition is granted as requested for all of the above stated reasons and with the oonditions as stated heretofore. No permit issued until 20 days from the date of filing the decision with the Town Clerk. 1 s MYER R. SINGER Clerk pro tern CERTIFICATION OF TOWN CLERK - I, Kathleen D. Johnson, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals #1964 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. THLSEN D. JOHNI M , Town Clerk IL j THE COMMONWEALTH OF MASSACHUSETTS City or Town BOARD OF APPEALS Date: August 11,' 19 83 Certificate of Granting of Variance or Speciai Permit (General Laws Chapter 40A, Section 11) 1 The Board of appeals of the City or Town of Yarmouth hereby certifies that a Variance or Special Permit has been granted To .. - RASS Riygr,Syolra Wnrlrl T„ Address o e 2E+ City or Town c/o 3 11W. m`o{u ,°sgt9ass. " affecting the rights of the owner with respect to land or buildings at S. Yarmouth, Mass. LC30356A .va • �1�3.a y And the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said variance — special permit, and that copies of said decision, and of all plans referred to in the decision, have been file4 w�kb the planning_%L and the city or town clerk. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no variance or special permit, or any ex- tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the town or city clerk that twenty days have elapsed after the decision has been fled in the office of the city or town clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index and r the name of the owner of record or is recorded and noted on the owner's certifi tle. a fee for such recor- ding or registering shall be paid by the owner or applica aak 319.1651 =r 44 3 a W . F -A 6 Cl wv CIOCK 4 Or � _ c