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HomeMy WebLinkAboutDecision 438 908-922 Route 28,, �v • � a� � off 30-,;Vl 4, cwl� TOWN OF YARMOUTH BOARD OF APPEALS DECISION This Is an appeal from decision of Selectmen refusing permit to: or Petition for approval of: October 16, 1958 r >1 r rro........ 4A.......... .. . The Petitioner requested purmit to ..... add ... Uviag...quar.ter.s... on-to-the...Garr-al... Mote-L, Route 28, Bass River, being 6 ft, from a private which was refused because ................................................................................................................. M..................... ....................................................... .M............................................................................. ,e conjy�traa{ry to the zoning by-laws, in that ....nQ ..bui ding-abal.l—bc...bui built th1n-.,3a..Xt.... .. .•..... �...street „,.ne................................................................................................................ Members of Board of Appeals present: Present Absent Harold L. Hayes, Jr. Alexander Catto Ed Rich, Jr. Eldridge Shaw Kenneth H. Studley 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 hoard to be affected thereby, and that public notice of such hearing having been given by publication in the Cape Cod Standard Times on....Qatobtar..l.4-19.58.............. ........ I ........ I .............................................. the hearing was opened and held on the date first above written. The folbwing appeared in favor of the Petition: Appeal: Mr. and Mrs. Colley k ..0 The following appeared in opposition to the Petition: Appeal: ge,so„ for moo„: The Hoard finds that no hardship exists in this case and that the owner has sufficient land 'to enable the quarters to be erected on the premises without violating the zoning ordinance. Mcinbers. of Board Votill Jv ,,,i ) 7. " lberefore, the ilotidmxfratAppyG A uoc$ =&c t Appeal denied, xaxvtbcad�xxxa�axoc............................................................................................................... ....................................................................................Y..............................................Y...................... .......................................................................Y..................Y................................................ i........1..... an the following conditions, viz: ............................................................................................................................................................ ...............................................................................w............................................................................. --No permit issued until if days from date of decision. auk f• TOWN OF YARMOUTH BOARD OF APPEALS Myrtle Colley Appeal No. 438 October 16, 1958 The petitioner requested a variance from the zoning By -Maws of the Board of Appeals to allow her to add living quarters onto the Corral Motel, Route 28, Bass River, being six feet from a private way. Members of the Board present: Harold L. Hayes, Jr. Albert E. Webb Alexander Catto Eldredge Shaw Edward A..Rich, Jr. The following appeared in favor: The following appeared in opposition: Mr. Hayes: May we hear fr= Mr. and Mrs. Colley. Mr. Colley: I would. like to present a rough sketch of new building which we iritend adding onto the office of the present Motel. Mrs. Colley: May I say something? Mr. Hayes: Yes, go right ahead. Mrs. Coney: The reason for this addition is to save running from one end of the Hotel to the other. The house we live in now is Bray in the back and when I leave the office to go to the house to cook lunch or dinner, Mr. Colley may be showing rooms, the buzzer rings from the office and I have to drop everything and go to the office to see what the customer wants. When I get there I find that the person just wants a 3¢ stamp. I give it to him and then I go back to my cooking* I no sooner put the kettle on when the buzzer rings again and this time it maybe for a postcard or a child might want a piece of candy and so it goes on this running back and forth from house to office. It has been a real hardship and since Mr. Durmer is the on3,v _ one who uses this Private Way we think it is a needlesB hardship. We had a talk with him and he had no objections. Mr. Hayes: Does the Board have any questions? Mr. Webb: What will this new building be? Mrs. Colley: A kitchen, air. TOWN OF YARMOUTH BOARD OF APPEALS Myrtle Colley Appeal No. 436 Page 2 . Mr. Studley: Where does the Private Way go,just to Mr. Durm+eris? Mr. Hayes: Mr. Studley is representing his father tonight, who is one of the abutters in this case, and therefore is not on the Hoard. Mrs. Colley: Yes, Mr. Durmer is the only one who uses it. Mr. Studley: I don1t wish to appear against it or for it, but I'm only trying to act as my father would wrere'he.here, He is not a hard man to deal with, but we have been contemplating on using this land sometime soon and if you build only 6 feet from'the Private Way and the Town takes the road and they need more land it stands to reason r that they will not touch yours, but take from my fathers. Mrs. Colley: This will probablw never happen as no one uses it except Mr. Durmer. Mr. Hayes: It appears from this plan that this forty foot Way was owned by Mr. Sykes and that the right of war was given to Mr. Durmer. It further appears that Lot #1 and Lot #2 an Plan #23614A is owned by the petitioner and because of this number we know it to be a Land Court Plan, Mr, Colley: We had hoped you gentlemen would come and look at the property as I had it all staked out. 0 Mr. Hayes: We a].lJ(now the property. Mr. Rich: You won't touch the office, that is alter it so that you could use part of It for a kitchen? Mra. Colley: No we can't do that. Mr. Rich: How far are your buUdingsfrom the line now. Mr. Colley: Only 61. Mr. Mayes: The Building Inspector slipped up there that is not right. Mr. Webb: Couldn't you move the Office so that it would be near your house? Mrs. Colley: No we can't it would•atill be too far away. Mr. Catto: What do you intend to do with the house'you have now? Mrs. Colley: We have no plans we would use this new place during the summer. Mr. Catto: In the summer would you have any plans for the house. Mrs. Colley: No, we would use the new place during the busy season of the summer and then move back into the old house after Labor Day, Mr. Studley: If Mr. Baker sold land in there he would have to use this Way. TOWN OF YARMOUTH BOARD OF APPEALS Myrtle Colley Appeal No, 438 Page 3 Mr. Colley: Mr. Baker's land is mostly swamp. Mr. Studley: Yes, I guess you are right there. What if you sell your other parcel? Mr. Colley: We have no intentions of doing that. Mr. Hayes: Mr. Sykes gave Mr. Durmer right of way into his land. Mr. Colley: Yes, I saw that when I was at the Registry of Deeds in Barnstable it is recorded there. Mr. Hayes: Here is the point that Mr. Studley is making. This is a right of way until the Town takes it. If they did that it would become a Public Way. If that should happen he foals that his father's property would suffer, because you are building too close to the line. Mr. Rich: How large'is this house you live in now? Mrs. Colley: It is a big one and a nice house. Mr. Shaw: When you had the place built why didn't you have thelDuse near the office? - Mr. Colley=• We did not build it. We have only owned it for three years. Mrs. Colley: We have had experience in this business and ]mow we must give our customere good service and we can't do this without this new addition. This hardship of running back and forth is not good for our health. Mr. Hayes: I think we have all the information we need now. If there is nothing more to be acid we will close the hearing. Hearing closed.