HomeMy WebLinkAboutBOA #2853 Town of Yarmouth Board of Appeals
OCT28
Filed with Town Clerk:
Hearing Date: October 10, 1991
Petition No: 2853
Petitioner: Davenport Realty Trust and David G. Mugar, South
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Yarmouth, Massachusetts. r-
DECISION
Relief Request:
Petitioner request a special permit under• Section
104.3.2 of the Yarmouth Zoning Bylaw to restore eight ocean front
rooms, enclose the porches/patios and add four decks to the
second floor rooms, and to waive strict compliance with the rules
and regulations and provide other relief the Board deems neces-
sary.
Property is located at 327 South Shore Drive, South
Yarmouth, Massachusetts and shown on Assessor's Map 22 as
Parcel T-125.
Locus:
Locus is comprised of one parcel having frontage in
South Shore Drive.
The Riveria Beach Motor Inn, a 125 unit motel facility
with outdoor and indoor pools, whirlpool, coffee shop, lounge and
administrative offices, was built in two stages. The section of
the building where the desired relief is requested was construct-
ed in the mid 1950's.
Plans/Documents:
The Petitioner has submitted plans as follows:
▪ Site Plan for locus by Coastal Engineering 6/1/82.
• Proposed plan for construction with detail site
plan by Coastal Engineering 9/18/91 .
• Site Plan review comments dated 10/1/91 .
Hearing :
The petition was duly filed . Notice was given as re-
quired by law, including twice publication in the Yarmouth Sun ,
a weekly publication having circulation in Yarmouth . Pursuant
to notice a public hearing was held by the Board of Appeals on
the evening of October 10 , 1991 . In the course of the hearing ,
several questions were posed to the petitioner ' s representatives
by members of the Board of Appeals .
Members of the Board of Appeals Present
P . Magnuson F . Lindquist
D . Henderson D . Reid
L . Campbell
Reasons for the Decisions :
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Prior Relief : •
The subject property has the benefit of prior relief of
this Board of Appeals . The most recent relief allowed for
the construction of the most western section of the motel
with parking adjacent thereto .
Criteria :
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The criteria for the granting of a special permit are
as follows :
• "Zoning Bylaw Section 103 . 2 . 2 : Special permits
shall not be granted unless the applicant demon-
strates that no undue nuisance , hazard or congestion
will be created and that there will be no substan-
tial harm to the established or future character of
the neighborhood or town " .
. M . G . L . Chapter 40A , Section 9 ( in part ) "Special
permits may be issued only for uses which are in
harmony with the general purpose and intent of the
ordinance or bylaw , and shall be subject to general
or specific provisions set forth therein ; "
Facts and Criteria Satisfied :
▪ The Petitioner ' s plans is to rebuild a portion of
the existing motel ( use A-7 ) in the R-25 residen-
tial zone .
• No new units ( rooms ) will be added .
▪ No change in use .
▪ The proposed increase in square footage of occu -
pance space is less than one percent of the exist-
ing facility .
▪ The new construction will be better suited to with-
stand strong wind loads than the current design ,
which the Petitioner has the right to rebuild .
• The architecture of the building will, essentially
be the same .
• No additional traffic will be created .
• The parking areas and driveways will not be af-
fected by this the proposed work .
Conclusion and Desired Relief : •
The Petitioner has demonstated that the relief re-
quested comes about due to damage done to a portion of this
facility during the recent hurricane ( Bob ) . In the course of
preparing for the repairs , the Petitioner ' s engineers recom-
mended that additional steps be taken to better anchor the new
roof to a more permanent and weatherproof foundation . Due to
the nature of the existing foundation , this would best be done
by extending the roof line approximately six feet ( 6 ' ) and con-
structing a foundation/footing according to current construc-
tion practices . Such an extension necessarily involves some
increases in the area of the building , which is a nonconforming
use , therefore , requiring a special permit .
The Board is satisfied that the minimal expansion of
this portion of the building will not create any new nonconform-
ity , and will not substantially increase the existing nonconform-
ity or increase any adverse inpact upon the neighborhood . The
increase itself is minimal and will not increase the number of
units nor allowable occupancy .
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A motion was therefore made by Mr . Reid , seconded by
Mr . Henderson to grant the special permit as requested . The
Board members voted unanimously in favor of the motion .
The special permit is therefore g ranted . No
shall be issued until the expiration of 20 days f permit
of this decision with the Town Clerk . from the filing
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avid S . Re d - ler
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