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Home My WebLink AboutBOA # 2026 TOWN OF YARMOUTH BOARD OF APPEALS Filed with Town Clerk: Hearing Date: 1/26/84 Petitioner: Palmer Davenport & David G. Mugar Petition No.: 2026 20 North Main St. S. Yarmouth, Mass. DECISION The petitioners requested approval and/or a special permit from the Board of Appeals to allow the enclosure of a wood frame entrance canopy (approximately 16' x 21') and an addition of approximately 16' x 11'. This area would be used as public space, specifically, a more spacious lobby at the Red Jacket Beach Motor Inn, South Shore Dr., S.Yarmouth, Mass., and shown on Assessors map #14-Z1. Members of Board of Appeals present: Donald Henderson, Myer Singer, David Oman, Judy Sullivan, Les Campbell. 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 Dennis-Yarmouth Register on 1/12/84 and 1/19/84, the hearing was opened and held on the date first above written. The following appeared in favor of the petition: Palmer Davenport. The following appeared in opposition: None. Reasons for decision: This is a request for a special permit to allow the enclosure of a wood frame entrance canopy approximately 16' x 21' and an addition of approximately 16' x 11', all of which would be used as public space to create a more spacious lobby at the Red Jacket Beach Motor Inn. In view of the tremendous size of the existing motel building, the request appears to be de minimous. Indeed, rather than creating any undue nuisance, hazard or congestion, the new lobby will enhance the facility and make it easier for guests of the establishment as well as the owners. The Board finds that there would be no harm to the established or future character of the neighborhood or town, and the request is granted in its entirety. Members of Board voting: Donald Henderson, Myer Singer, David Oman. Judy Sullivan, Les Campbell. Unanimous in favor of granting petition as requested. Therefore, the petition 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. MYER R. SINGER Clerk • Town of Yarmouth Board of Appeals . Filed with Town Clerk: MAR 6 m Hearing Date : February 13 , 1992 Petition No: 2872 R7 � f � .92 NPR -6 AO :5 7 J Petitioner: Palmer Davenport and David G. Mugar, Trustees , d/b/a Red Jacket Beach Motor Inn, South Shore Drive, ,Soutl, „ Yarmouth, Massachusetts IUWN CLERK tic TRE,aSLI f f. DECISION Relief Request: The Petitioner has applied of the following relief: The Petitioner requests a special permit under Section104 . 3 . 2 and a variance under Section 102 . 2. 2 of the Yarmouth Zoning By-Laws to a) extend, change and alter a certain pre-existing, non-conforming structure/use, b) renovate and construct an addition approximately three (3) feet by sixty and one half (60 . 5 ) feet to a building known as Cottage 9 and 10 (a duplex building with two (2) seasonal rental units , each containing three (3) bedrooms , c) not to increase the number of bedrooms, d) to allow such other relief that the Yarmouth Board of Appeals deems meet and just, and e) to waive strict compliance with its rules and regulations where the Board may deem such appropriate. Locus The property is a certain parcel of land situated in Yarmouth (South) , Barnstable County, Massachusetts as shown on Assessor ' s Map, Sheet 14 , Parcel Z-1 , and more fully and accurately described on Land Court Certificate #40945 . Plans The Petitioner has submitted plans depicting the current and proposed improvements . ° Site Plan dated March 22 , 1990 , revised January 16 , 1992 and revised again February 5 , 1992 by Coastal Engineering Company of Orleans , Massachusetts . Building Plans - floor plans and elevations dated February 10 , 1992 by Davenport Building Company. Filing The Petition was duly filed and due notice was given a required By-Law, including publication in the Yarmouth Sun. Appearing for the Petitioner: Paul McBride and John Davenport Appearing in opposition of the Petition: None Criteria and Authority for Special Permit: 1 . Zoning By-Law Section 103 . 2 . 2 : Special permits shall not be granted unless the applicant demonstrates that no undue nuisance, hazard or congestions will be created and that there will be no substantial harm to the established or future character of the neighborhood or town. 2 . The change, extension or alteration of a prior existing non-conforming structure or use criteria are stated in Section 104 . 3 . 2 of the By-Laws as follows: "Pre-existing non-conforming structures or uses may be extended, altered or changed in use on special permit from the Board of Appeals if the Board of Appeals finds that such extension, alteration or change will not be substantially more detrimental to the neighborhood than the existing non-conforming use. " Facts and Criteria Summary: Red Jacket Beach Motor Inn is a seasonal seaside resort containing one hundred fifty ( 150) hotel rooms and nine (9) residential rental buildings . Said buildings and amenities are located on a total 7 . 15 acres of land. The Petitioner intends to enlarge one (1) building and upgrade the septic system servicing said building, as per plans submitted. The total gross area of "Cottage 9 and 10" is currently 1 , 573 S . F. ; the gross area of the proposed enlargement is 181 . 5 S . F. yielding a total new gross living space of 1 , 754 S . F. , or 877 S .F. per rentable unit. The new square footage calculation represents an 11 percent increase in square footage of "Cottage 9 and 10" , and the new habitable space represents an increase of . 0006 percent in total habitable space on the Red Jacket Beach Motor Inn property. The upgrading of the non-conforming structure/use will result in no additional rental units ; the number of new sleeping facilities created is none ; traffic impact - none; parking impact - none. The Petitioner, as encouraged , has gone through the Site Plan Review process . The Board of Health Agent, as a member of the Site Plan Review team, requested some minor modifications to the proposed Title V septic system, and those changes have been duly reflected in the plans submitted. It is understood, as represented by the petitioner, that there will be no usable or habitable space within the new roof area (i. e. within the "second floor" ) , there will be no expansion of the building to its sides or rear, and the plantings in front of the building will be replaced following completion of construction. DECISION: The Board considered the facts presented, reviewed the qualities of the requested improvements and concluded the the desired relief would not be a substantial detriment to the public purpose of the By-Laws of the Town of Yarmouth. Furthermore, the issuance of this Special Permit will not create any undue nuisance, hazard or congestion and that there will be no substantial harm to the established or future character of the neighborhood or town. A motion was therefore made by David Reid, Seconded by Fritz Lindquist, to grant the petition for a Special Permit; as requested, (but to deny the alternative relief of a variance) , on the condition that all construction be in accordance with plans submitted and dated February 10 , 1992 for Davenport Realty Trust and David G. Mugar d/b/a Red Jacket Beach Motor Inn by Coastal Engineering Company. The Board members voted unanimously in favor of the motion. The Special Permit is therefore granted. No permit shall be issued until the expiration of 20 days from the filing of this decision with the Town Clerk . David S. Reid, Clerk Board of Appeals NJ � c 3• c Lrt 7