HomeMy WebLinkAboutBOA #810 TOHN OF YAWNSa T/e 3
BOARD OF APF AIS Z 7 S 3
•6n uze/beefec
Piled sreh Town Clerk: ` nee Hearing Date: 7/21/66
Petitioner: L.H.S. Realty Trust, Leonard H. Slaybard, Tr. Petition#810 0 ,'.,
DECI'3IOdi
The petitioner requested a variance from the Board of Appeals for the erection of tue
tennis courts and parking for 30 cars for use of said tennis courts and supplemental use
of lots shown on assessors map 22 es Lots T122 and T123, South Shore Drive, Bess River.
Memters of Board of Appeals presei.t: Harold L. Hayes, Walton Jenkins, Stuart Ryder,
E. DiTiberio, George Waite.
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 Cape Cod
Standard Times on 7/7 and 7/11/66 the hearing was opened and held on the date first
above written.
The following appeared in Parer of the petition: Mr. Elliot Slade, atty., for L.H.S.
Realty Trust, Leonard H. Slaybard, Tr. Letter from Arthur Smith (faith reservations).
Reason for decision: The petitioner presented a plan to the board Mich indicated the
proposed use of Lots 57, 58, 59 and 60. These four lots are at the corner of South more
Drive milli-Ube Road.
lot 57 was not the subject of thin hearing other than the petitioner stated that in the
event the board of appeals approved his request that the use of Lot 57 would be in
accordance with the zoning by-lap end that there would be no request for special permits
as pertains to this parcel of /and.
i The board was requested to consider this as a request for a special permit% in view of the
I fact that the use requested would be connected with the operation of the Bine Waters Betel.
In view of the feet tit the advertised notice was for a variance, this board is of the opinion
that it also has the right to hear a request for a special permit which is a discretionary
matter and therefore this decision is based on petitioners request for approval of this
hoard.
It appeared that there mould be landscaping around the perimeter of the area that would
be developed. The plan also indicated that a single tennis court would be erected on
Lot 58, with landscaping along Tila.lfin Road.
lot 60 would be entirely landscaped and would contain no parking.
Lot 59 would contain parking area for no more than 30 vehicles.
It appeared that a stipulation had been entered into among those immediately concerned
having to do with landscaping and other related matters.
The board considered this request ender the provisions of Section II, paragraph 8 f, as
being part of the Blue Waters Motel use.
Alter a full exuelnatior_ of the plan, the board was of the opinion that the public good
would not be adversely affected by the granting of this approval.
The board sets forth a condition that there be no charges in the use requested and this
approval is granted with the underzttnzding and upon the condition that there will be no
use other than the use indicated to this board designated on the plan that was submitted
by the petitioner.
L ! LS1 Realty Trust, Leonard Fop S aybards Tr4 0 Petition #810 continued
The board .finds that the intent and purpose of the zoning byy1av will be fully
a ereci to by the granting of this request.
Therefore, the petition for approval is vented., subject to the conditions set
forth in this opinion.
Members of Beard wing: if rc1d JAL Hayes, Waltoil Jenkins, Stuart Ryder, E. Di`±ibe io,
George Waite - An voted in favor.
Therefore, the Petition for Approval is granted, aujeot to above conditions.
And we authorize a variance in accordance t .tlt peti.tioneres requests on the conditions
set forth an the deoisien.
No Permit issued until 20 cloys from date of Ming decision fitk the Tore Clerk.
:. gtt�a�t flees r. .
.sting Jeri