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HomeMy WebLinkAbout5225 127 Whites Path Previous Decisions Years 1981-2013FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: OWNER: #4482 Doc - 1 r 236 r 4?0 12-05-201.3 9 :14 TOWN OF YAR6KAfMABLE LAND COURT REGISTRY BOARD OF APPEALS DECISION Q - 41 October 30, 2013 September 26, 2013 Clean Energy Fuels Colonial Gas Company PROPERTY: 127 White's Path, South Yarmouth Map & Parcel: 0098.81; Zoning District: B3 Doc.#:1,094,263 MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Bryant Palmer, Chuck Hart, Richard Neitz and Gerald Garnick, Alternate. Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Register, the hearing opened and held on the date stated above. The Petitioner brought this Petition seeking to Overturn the Decision of the Building Inspector denying a sign permit for its facilities at 127 White's Path, South Yarmouth, MA. Relief is 1� sought due to the installation of signs on all four sides of the canopy over the fueling area which would be in violation of §303.5.5.2 of the zoning by-laws. ` The Petitioner was well -represented by Mr. Greg Taylor. No one spoke in opposition to the �] requested relief nor were any exhibits received. Mr. Igoe expressed his lack of willingness to approve the requested relief citing his concern that, if granted, others within the community would likely seek similar relief. However, the remainder of the Board felt that this location was unique in that it was somewhat isolated, in a B-3 Zoning District and facing the Mid -Cape Highway. There really is no other location within the Town similarly situated and, particularly in light of the small size of the signs, the requested relief seemed benign in this instance. After discussion by all of the Board, Mr. Neitz then made a Motion to approve the requested relief, i.e. to Overturn the Building Inspector's otherwise proper enforcement of the By-laws in this limited instance. Mr. Palmer seconded the Motion which carried favorably on a 4-1 vote, Mr. Igoe voting against. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after filing of this notice/decision with the Town Clerk. §e Steven eYoung-Cha an 2 Dpr_ : 1 ! 094 s 2b3 07-16-2000 3 --34 TOWN OF YARMODTHRLE LAND COURT REGISTRY BOARD OF APPEALS DECISION T-. ,'N 25 N-1 1: 4 e FILED WITH TOWN CLERK: June 25, 2008 �,trr J� PETITION NO. #41909#4191, #4194, #4195 RE C HEARING DATE: June 12, 2008 PETITIONER: National Grid -Gas Company PROPERTY: 127 Whites Path, South Yarmouth �i.. Map and Parcel: 0098.81; Zoning District: B3 2 Registry of Deeds Document #278220 Cert. #84810 4' CL MEMBERS PRESENT AND VOTING: David S. Reid, Chairman, Joseph Sarnosky, Diane Moudouris, Sean Igoe, Steve DeYoung, and John Richards, Alternate. T� V 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 to the public by posting v7 notice of the hearing and published in The Register, the hearing was opened and held on the date N stated above. 53 The petitioner, National Grid, as successor to Keyspan Gas, proposes to replace several signs at this 2 site, and add new signs, in connection with the new ownership of the site and business. The petitions G 4_ were all heard together, because they relate to the same site, and individual votes were taken on each sign proposed. The property is located in a 133 zone. The property, contains 31.82 acres of land, and is improved with several buildings and structures. The petitioner presented a site sketch, where the sign locations were o indicated by letter and numbers of the corresponding petitions indicated. Zy. The first sign desired, labeled "B" on the sketch and being the subject petition #4195, is an attached wall sign, measuring 36" tall where 24" would be allowed. The sign takes up less area and less length then could have been proposed. The petitioner represents that the sign will identify the entrance to the building, but will not be visible from off site. The Board finds that since the sign is not visible from off of the premises, the sign can be allowed as proposed. The second sign is labeled "G" petition #4190. This sign is similar to that proposed above (B), but is 42" tall, rather then 24", and is designed to fit on the existing sign brackets. The height is dictated by the proposed length and prescribed proportions, according to the petitioner. The Board finds that this sign, facing Whites Path, is partially obstructed by the gas pumping station, and by its distance from the road, justifying some latitude in the sign size to assure reasonable visibility. The third sign proposed is a free-standing sign, labeled "D" and is petition #4191. It will replace an existing and taller free-standing sign. The proposed sign will be Iower, and the surrounding vegetation will be lowered so as not to obstruct the sign. However, its total area will be 25 square feet; more then -1 the 18 square feet allowed. It will be not more then 6' tall, from grade, making it less visually prominent then the existing sign. The final sign is a free-standing sign, to be posted at the entrance to the rear building/complex. It is labeled' ' on the sketch, and is the subject of petition #4194. It will replace a sign currently attached to the chain -link fence, at the gate to the rear area. It, too, will not be very visible from off premises, and is intended to identify their separate entrance for vehicles already on the site. It is proposed to be 25 square feet in area; more then the 18 square feet allowed. The Board finds this sign less necessary then the others, given it proposed location. The Board also finds the sketch to be inaccurate as to its location. After hearing and discussions, the following motions and votes were taken: 1. A motion was made by Mr. Igoe, seconded by Mr. DeYoung, to grant petition #4191 (sign D), for a 25 square foot free-standing sign on White's Path, on the condition that it be not more then 6' tall, and that the vegetation around the base of the sign be replaced or trimmed to be below the lowest portion of the sign. Mr. Igoe, Mr. DeYoung, Mrs. Moudouris, Mr. Reid, voted in favor of the motion, Mr. Samosky voted against the motion, the Variance was therefore granted. 2. A Motion was made by Mr. Igoe, seconded by Mr. DeYoung, to grant petition #4190 (sign G) with a 42.25" tall attached wall sign, as proposed. Mr. Igoe, Mr. DeYoung, Mrs. Moudouris, Mr. Reid, voted in favor of the motion, Mr. Sarnosky voted against the motion, the Variance was therefore granted. 3. A motion was made by Mr. Igoe, seconded by Mr. DeYoung, to grant petition #4195 (sign B), the attached wall sign of 36.25" high. Mr. Reid, Mr. Igoe, Mr. DeYoung voted in favor, Mrs. Moudouris, Mr. Samosky voted against. The motion therefore failed to receive the needed majority and is deemed to have been denied. 4. A motion was made by Mr. Igoe, seconded by Mr. DeYoung, to allow petition #4194 (sign F), only to the extent of allowing a 4 square foot free-standing sign, at the location requested. The Board members felt that this sign was relatively unnecessary, and the full variance requested was not justified. The members voted unanimously in favor of the motion. The petitioner's petitions are therefore granted in part, and denied in part. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein, a Variance shall lapse if the rights authorized herein are not excised within 12 months. (See MGL c40A §10) David S. Reid, Clerk Board of Appeals N TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: Jz— PETITION NO: #3161 27 A10:32 HEARING DATE: January 12, 1995 `Orh` �" "✓J TOWN CLLRK 3 TREAIUH PETITIONER: Colonial Gas Company Attn: Mr. John Higgins 127 Whites Path South Yarmouth MA 02664 PROPERTY: 137 Whites Path. Assessor's Map 87 Parcels G1 and T5 MEMBERS OF THE BOARD PRESENT AND VOTING: 'Leslie Campbell, Chairman, David Reid, John Richards, Fritz Lindquist, Jerome Sullivan It appearing that notice of the hearing has been given by sending notice to the petitioners and all of those owners of property deemed to be affected thereby, and to the public by posting notice of the hearing and published in the Yarmouth Sun, the hearing was opened and held on the date stated above. The petitioner was represented at the hearing by Mr. John Higgins. This petition requests a Sign Variance, to be attached to the Northerly face of the canopy over the natural gas pumping station, allowed by Decision #3098. The proposed sign would measure 321x 21, where 16'x 2' would be allowed. The reason for the requested larger sign, according to the petitioner, is that this is an unusual operation. He wishes to have the sign appropriately advertise the type of "fueling" allowed, but also wishes to discourage con- sumer misconception as to what fuel is actually available. After consider- able discussion, the Board members felt that the proposed sign did not accomplish the petitioner's objective, and might in fact create greater confusion or misunderstanding. The petitioner therefore requested leave to withdraw its petition, without prejudice, so that it might consider the Board's comments and suggestions. A Motion was made by Mr. Lindquist, seconded by Mr. Reid, to allow the pet- itioner to withdraw, without prejudice. The members voted unanimously in favor of that Motion. Appeals from this decision shall be made pursuant to ssl7 c40A and must be filed within 20 days after the filing of this notice/decision with the Town Clerk. oxaipnlel��_ David S. Reid, Clerk FILED WITH TOWN CLERK PETITION NO: HEARING DATE: PETITIONER: PROPERTY LOCATION: TOWN OF YARMOUTH BOARD OF APPEALS DECISION 3098 May 26, 1994 Colonial Gas Company 127 Whites Path South Yarmouth MA c y n rn- ... i•T: � � i to _, 137 Whites Path South Yarmouth Assessor's Map 87 Parcel G1 + T5 MEMBERS PRESENT AND VOTING: Leslie Campbell, Chairman, David Reid, John Richards, Richard Brenner, Fritz Lindquist The petitioner, Colonial Gas, was represented at the.hearing.by Mr. John Higgins, its Engineer. Also present was Mr. Thomas Kelly, the owner of the smaller lot fronting on White's Path. The petitioner,.as more fully set forth in the petition, proposes to construct and operate self-service compressed natural gas fueling station. According to the current bylaw use table, Section 202.5, use H-7 is the most closely applicable use classification. The site is within the Industrial Zone, where such use (H-7) is allowed by special permit. The petitioner represents that they have already secured a determination of non -applicability under Section 406.5.1.1, and, therefore, waives so much of its petition as related to Section 406 relief. 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 of Appeals 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. The locus on which the actual fueling station will be conducted, consists of approximately .57 acres, fronting on Whites Path. This lot will be leased to the petitioner. The petitioner, Colonial Gas, occupies the adjacent 31 acre site, where they have their principal office and facilities. The proposed fueling station will be_constructed as shown on the site plan filed with the Board. It will be used by the petitioner's fleet of vehicles and by other commercial vehicles converted for use with natural gas. It will not be used by l J � private retail customers nor will it offer fueling of consumer tanks, such a propane tanks for cook -out grills, etc. The petitioner represents that this location offers an especially appropriate, safe, and suitable site for this use, due to its proximity to the Colonial Gas Company facilities, and due to the long "line of sight" offered on Whites Path (approximately 150011). The petitioner represents that there are other such stations around the country. Because of the qualities of the natural gas itself, and the precautions and safety measures built in to the site design, these facilities have a superior safety record to even traditional gasoline stations. No one appeared at the hearing to oppose the petition. The Planning Board sent a memo in favor of the petition. The petitioner has met with the Site Plan Review Team and has satisfied their concerns. The majority of the Board is, therefore, satisfied that the proposed use may be made without causing any undue nuisance, hazard,.or congestion, and without causing any substantial harm to the established or future character of this neighborhood. Therefore, a motion was duly made by Mr. Reid, seconded by Mr. Richards, to grant the requested Special Permit, on the condition that it be limited to this applicant, and that'the use be allowed only.so long as the fueling station is owned and operated by and -in conjunction with the adjoining.Colonial Gas Company lot/facility. Mr. Campbell, Mr. Lindquist, Mr. Reid, and Mr. Richards voted in favor of the motion; Mr. Brenner voted against the motion. The Special Permit.is therefore granted. David S. Reid, Clerk Board of Appeals APPEALS FROM THIS DECISION SHALL BE MADE PURSUANT TO ss17 c.40A & MUST BE FILED WITHIN 20 DAYS AFTER THE FILING OF THIS NOTICE/DECISION WITH THE TOWN CLERK. FILED WITH TOWN CLERK: PETITION NO: PETITIONER: HEARING DATE: l f TOWN OF YAi BOARD OF APPEALS DECISION 3063 RECEIVE"' '94 t9l1R -9 P 1 TOYIN Lr YARMJUTH TOWN CLERK & 7REA'M.1 i� Colonial Gas, South Yarmouth, MA February 24, 1994 PROPERTY LOCATED AT: 127 Whites Path, South Yarmouth, MA and shown on Assessor's Map 87 as Parcel T5. PETITIONER REQUESTS: A special permit under section 202.5, F8 to allow a public utility use in an Industrial Zone. MaMRS OF THE BOARD PRESENT AND VOTING: Leslie Campbell, Chairman, David Reid Fritz Lindquist John Richards, Jerome Sullivan. 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 M'. Jof such hearing having been given by publication in the Yarmouth Sun, the hearing was opened and held on the date first above written. The petitioner was represented by Mr. Joseph Jasie, on behalf of Colonial Gas Company. The petitioner has filed with the Board an older Site Plan dated June 6, 1985, upon which it has added the layout of the presently proposed addition. The addition is approximately 32' x 821, extending out from the Southwesterly corner of the existing Colonial Gas building. The new area will be office space for the petitioner's employees. According to the Site Plan Review report, received by the Board, the site already contains adequate parking for the additional area. The petitioner confirms that there will not be any shower facilities in this new area. The lot is within the Industrial Zone. The lot is approximately 8' acres, and contains several existing building, all used as part of ' Colonial Gas's business operations. The proposed addition -is well beyond all applicable set -back requirements. It is represented that it will traditional office uses - and will not generate any noise which would adversely affect the residential neighborhood to the South. The existing and proposed use, F8, is allowed by Special Permit in this Zone. The proposed expansion of the existing use will be minimal, by comparison to the existing use, and is expected to have no " noticeable impact upon the neighborhood. The Board is satisfied that this will not cause any undue nuisance, hazard or congestion. Therefore a Motion was made by Mr. Reid, seconded by Mr. Lindquist, to grant the petition. The Board voted unanimously in favor of this motion. The special permit is therefore granted. I(Zo David S. Reid, Clerk Board of Appeals APPEALS FROAt THIS DXISICN SNAU 3E IA SDe PURSUANT TO -,17 c4:'A 3 �SLIST 35,-.I::D WITHIN 20 DAYS O,FT :'< THc F:U;q,,3 o; THIS NOTICE/DEZISICN 1YITH THE TOWN CLERK. c � ZC A n ZE m M bti 1 TOWN OF YAHIYUUTH BOARD OF APPEALS DECISION ^ •- ! 1y� n } ,' FILED WITH TOWN CLERK: MAR 8 I �` ' PETITION N0: 2978 93 MAR -8 A 9 !33 PETITIONER: Colonial Gas South Y UJy OF YA~H-D;1TF{ `rrrg1) }iGI.t:R,, 3 TREASUF.F is HEARING DATE: February 25, 1993 . PROPERTY LOCATED AT: 127 White's Path, South Yarmouth, MA and shown on Assessor's Map 87 as Parcel T5. PETITIONER REQUESTS: A special permit from sections 104.3.2, 202.5 F8 and 301 to construct a building to house 4 natural gas -powered electric generators to supply the electricity needs of the utility's facility in this Industrial Zone. A modification of the existing special permit and relief for use within the aquifer protection district are sought. Also a waiver of section 301 parking and loading requirements (paving and drainage waiver). M=RS OF THE BOARD PRESENT AND VOTING: Leslie Campbell, Chairman, Fritz Lindquist, David Reid, Joyce Sears, Jeanne Bullock 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. The petitioner was represented at the hearing by Mr. John Higgins. In addition, the Board has received a letter from the petitioner, dated 2/22/93 requesting permission to withdraw this petition without prejudice. No one appeared in opposition to the request. A Motion was made by Mrs. Bullock and seconded by Mrs. Sears, to allow the request to withdraw this petition, without prejudice. The Board 'members voted unanimously in favor of this Motion. The pe it'on is therefore withdrawn without prejudice. C David S. Reid, Clerk Board of Appeals TOWN OF YARMOUTH '86 SEP -2 P1 48 BOARD OF APPEALS TOWN CLEkti Tr; NSURf.t2 ' Filed.with SEP 2 1986 Hearing Town.Clerk: Date:• July 24, 1986 Petitioner: Colonial Gas'CcrrTany Petition No. 2340 127 White's Path 'South Yarmouth, MA 02664 DECISION OF BOARD OF APPEALS Facts The petitioner has requested purEuant Section 303.14.1 of"the "cHn of :'armouth Zoning -By-Law permission to place an 8" a 16" flaIDe over the letter "1" in "Colonial" on a sign to be placed on' the adminirtrative office building of tl,e petitioner located on White's Path in South Yarrreuth and, 1n addition, to place a 3' x 6' free-standing, off -premise sign at tl-e easterly entrance to the above administrative office building. The members of the Board of Appeals present: Donald Henderson, David Oman, Leslie Campbell, Fritz Lindquist and Richard l:eitz. It appearing that notice of said hearing has been given by scr,dinr 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 l.earir.g having' been given by publication in The Register on, the bearing was opened and held July 24, 1986. The 8" a 16" flame exceeds the size requirements of Section 303.5 of the Town of Yarmouth Zoning By -Law. The 8". x 16" flame will be replacing an existing flame that lE- • mtici, larger and clearly not in conformity with Section 303.5. The new sign is much more attractive and 1 G l RF�o'F r`eq- ,'qu�e the petitioner to eliminate the flame would necessitate the petitioner Qto changing its logo, which would be very expensive. .86 HP —Z 1%1 •4Xdministrative office •-building • sign will violate Section 303.10, which prUobibits off -premise signs. To a passerby the sign does not appear ;U ..I ur l�, ,`SOn TOWN CLEta &6ka.irSlb P` premise sign because the entrance to the administrative office building crosses a narrow lot that abuts White's Path and is not owned by the . petitioner. The only alternative would be to relocate the entrance, which would be ,ery expensive. In addition, the administrative office building sign will violate Section 303.2 of the Town of Yarmouth Zoning By -Law because the petitioner already has in place a free-standing sign for its meter and parts department. The public presently is confused as to where to go and because the petitioner has over 1200 feet of frontage, two signs will not overload ,the area with signs. Again, the only solution would be to combine all operatlons in a single structure, which is economically unfeasible. Reasoning In order for the petitioner to receive the relief requested from the • Board of Appeals under the provisions of Massachusetts General Laws,. Chapter 40A, Section 10 and Section 303.14.1 of the Yarmouth Zoning By - Law, It must show the following: 1. That a literal enforcement of the provisions of the Yarmouth Zoning By -Law would involve a substantial hardship, financial or otherwise, to the petitioners. . 2. That the hardship is owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures, but not affecting generally the zoning district in which it is located. 3. That desirable relief may be granted without either substantial detriment to the public good or nulifying or substantially derogating from the intent or purpose of the Yarmouth Zoning By -Law. 2 RE(31V = '�•770 The Board finds that a literal enforcement of Section 303.5 and thus eliminating the 8" x 16" flame would involve substantial hardship to '$( $EP _2 petiticoners because such enforcement will require a change In the I%r C, 1A;peti,tloner's established logo. The Board further finds that the substantial TOWN CLERK & YRUOUT hardship is owing to circumstances that especially affect the petitioner and do not affect generally the entire zoning district. Finally, the Board finds that such a variance may be granted without substantial detriment to the public good and without substantially derogating from the intent or purpose of the Yarmouth Zoning By -Law because the new sign is far superior to the existing sign. With respect to the request for a second free-standing sign for Its administrative office luilding, the Board finds that a literal enforcement of Section 303.10 and 303.2' would involve a substantial hardship to the petitioner because enforcement will require the relocation of the existing entrance. The Board further finds that the substantial financial hardship is owing to circumstances relating to the narrow shape of the off -premise Iot and its unique location between the petitioner's property and White's Path and is also owing to the extensive frontage of the petitioner's property on White's Path, and these factors especially affect the petitioner's property and do not generally affect the entire zoning district. Finally, the Board finds that such a variance may be granted without substantial detriment to the public good and without substantially derogating from the intent or purpose of the Yarmouth Zoning By -Law because the sign will be a public convenience. Therefore, finding all of the relevant criteria to have been met by the petitioner, the Board grants the relief requested under Section 303.14 of the Town of Yarmoutb Zoning By -Law. Members of the BoardVoting: Donald Henderson, David Oman, Leslie Campbell, Fritz Lindquist and Richard t:eltz.. The Board was unanimous In its decision. No permit issued until twenty (20) days from the date of filing of this decision with the Town Clerk. 3 TOWN OF YARMOUTH BOARD OF APPEALS • Filed with Town Clerk: SEP 10 1985 Petitioner: Colonial Gas Co. '85 SEP 10 R10.28 White's Path South Yarmouth, MA DECISION Hearing DAte: 8/22/85 Petition No: 2224 The Petitioner requested an approval and/or special permit to allow an addition to an existing office building for use as additional office area being Lot 5, White's Path, also shown on A.M. 87 as parcel T5: Also to allow the renovation of an existing, building for use.as office and storage area on Lot 3, White's PAth also shown on Assessor's Map#87 G3. Members of Board of Appeals present: ,Donald Henderson, David ^man, Richard Neitz, Fritz Lindquist, Hugo Sorgi: It appearing that notice of said hearing has been given by sending_ notice theteof 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 beerigiven by publication in The Register on August 6, 1985, and August 15, 19B5, the hearing was opened and held on the date first above written. The following appeared in favor of the petition: Colonial Gas - C. Williams Co., Douglas li]ousek, representing the petitioner. The following appeared in opposition: None REASON FOR DECISION: This addition and renovations will not create any nuisance, hazard or congestion, as it is for offices and storage. It will not be noticeable from the street. This is a special permit request, as this kind of use is not allowed within the Industrial Zone. All requirements of site plan review and the Board requirements must be met. A previous favorable decision for the office addition was granted by Board of Appeals #1826, on 4/8/82. Members of Board voting: Donald.Henderson, David Oman, Richard Neitz, Fritz Lindquist, Hugo Sorgi. Unanimous in their decision to grant. Therefore, the petition for special permit is granted. No permit issued until 20 days of filing, decision with the Town Clerk, Myer R. Singer Clerk t TOWN OF YARMOUTH BOARD OF APPEALS Filed with Town Clerk: 8 19�� Petitioner: Colonial Gas Co: Cape Cod Division Box 1360 Hyannis, Mass. fJ 0-�L DECISION Hearing Date: 1/13/83 Petition No.: 1901 The petitioner requested a variance and/or approval of the Board of Appeals to allow underground storage of 20,000•gallons of gasoline in two 10,000 gallon tanks with dispensing pump (for company.owned vehicles only). Property located on Whites Path, S.'. Yarmouth, Mass.,and shown on Assessors -map #87-T5, and known as the Cape Cod Gas Co.. Members of Board of Appeals present: Donald Henderson, David Oman, Robert Sherman, Myer Singer, Les Campbell. (present at 1/13/83 meeting) 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 on 12/29/82 and 1/3/83, the hearing was opened and held on the date first above written.' The following appeared in favor of the petition: Thomas Kelley, for petitioners. The following appeared in opposition: None. Reasons for decision: At the meeting on January 13, 1983, Thomas Kelley, representing Colonial Gas Co., requested -the hearing be postponed to February 10, 1983, to enable petitioners more time to get plans together, which request was granted. On February 10, 1983, a memo was received from Thomas Kelley, requesting further extension to February 24, 1983, which request was also granted. On February 24, 1983, a letter was received from Robert Dowling, Design & Corrosion Engineer, stating that a certified plot plan was not yet available for this meeting. At this time, petitioner requested permission from the Board of Appeals to withdraw their application without prejudice, stating that when a certified plot plan is in their possession, they will resubmit the application. The Board formally voted unanimously in favor of granting petitioner to withdraw without prejudice. Members of Board voting: Donald Henderson, David Oman, Myer Singer, Les Campbell, Morris_JohnsA. (present at Feb. 24, 1983 meeting) Therefore, petitioners request -is�withdrawn without prejudice. MYER SINGER Clerk, pro tem TOWN OF YARMOUTH BOARD OF APPEALS Filed with Town Clerk: AM 15 1982 Petitioner: Cape Cod Gas Co. Whites Path S. Yarmouth, Mass. DECISION Hearing Date: 4/8/82 Petition No.: 1826 The petitioner requested a special permit from the Board of Appeals to allow the construction of an office addition to the existing office building of the Cape Cod Gas Co.. Property located on Whites Path, S: Yarmouth, Mass., and shown on Assessors map #87-T5, being in the Industrial Area. Members of Board voting: Donald Henderson, David Oman, Morris Johnson, Herbert Renkainen, Thomas George. 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 on 3/24/82 and 3/31/82, the hearing was opened and held on the date first above written. The following appeared in favor of the petition: Roger Williams, representing petitioners. The following appeared in opposition: None. Reasons for decision: This addition will not create any nuisance, hazard or congestion; as it is for offices and computer equipment. It will not be noticable from the street. This is a special permit request, as this kind of use is not allowed within the Industrial Zone. If all five thousand square feet is used, 30 extra parking spaces must be provided and other requirements of the site plan review and other Board requirements must be met. Members -of Board voting: Donald Henderson, Thomas George, David Oman, Morris Johnson, Herbert Renkainen. All voted in favor of granting as requested. Therefore, the petition for special permit is granted as requested for the above stated reasons. No permit issued until 20 days from the date of filing the decision with the Town Clerk. THOMAS GEORGE Clerk pro tem TOWN OF YARMOUTH BOARD OF APPEALS MAY 2 9 1981 Filed with Town Clerk: - Petitioner: Cape Cod Gas Co. Whites Path South Yarmouth, Mass. DECISION Hearing'Date: 5/28/81 Petition No.: 1755 The petitioners requested a special permit from the Board of Appeals to allow the construction of an office addition to the existing office building of the Cape Cod Gas Co., located on Whites Path, S. Yarmouth, Mass., shown on Assessors map #87-T5, being in the Industrial District. Members of Board of Appeals present: Augustine Murphy, Herbert Renkainen, David Oman, Donald Henderson, Morris Johnson. 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 publicatJon in - the Yarmouth Sun on 5/12/81 and 5/20/81, the hearing was opened and held on the date first above written. ►�, The following appeared in favor of the petition: Thomas.Kelley, Roger Williams. The following appeared in opposition: None. Reasons for decision: This is a request under Section 1532 of the Yarmouth"Zoning By-law, which authorizes this Board to issue a special permit for an extension, alteration or change in a non- conforming structure, provided the alteration or extension will not be substantially more detrimental to the neighborhood than the existing non -conforming use. The B.Jard notes that it is also authorized to issue a special permit for a business in an Industrial Zone. The site plan which was presentedi n,:connettion•with'_Lhis:.nppeal'-is'_dated..May 89 1981 and the Board members are all personally familiar with the property. The proposed addition will.be on the rear of the existing structure.. No additional parking is required under the by-law and no addition to the septic system is required either. The Board believes the existing building is one of the better looking buildings on Whites Path and the lot is always maintained exceptionally well. No evidence was presented that the addition would be at all detrimental to the neighborhood,, and none of the parties notified raised any objection. The Board is satisfied that the addition would be beneficial to the town, and there would be no undue nuisance, hazard or congestion created. Consequently, the permit is granted as requested. Members of Board voting: Augustine Murphy, Herbert Renkainen, David Oman, Donald Henderson, Morris Johnson. All.voted in favor. Therefore, the petition for a special permit is granted as requested for the above stated reasons. No permit issued until 20 days from date of filing decision with'the Town Clerk. per Morris Johnson, Acting Clerk