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BOARD OP APPEALS Z 7$ 3
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Filed with Torn Clerk: Hearing Date: 7/21/66
Petitioner: L.S.S. Realty Trust, Leonard H. Slaybaed, Tr. Petition#810 rz yy,tt
DECIS/Oti
The petitioner requested a variance from the Board of Appeals for the erection of two
tennis courts and parking far 30 oars for use of said tennis courts and supplemental use
of Lots sheen on assessors map 22 as Lots T122 and T123, South Shore Drive, Bess River.
_9emkers of Board of Appeals present: Harold L. Hayes, Walton Jenkins, Stuart Ryder,
E, DiTiberie, George Waite.
It appearing that notice of said hearing has been given by sending notice thereof to the
petitioner and all those osiere of property deemed by the Board to be affected thereby,
and that public notice of such hearing hating been given by publication in the Cape Cod
Standard Times on 7/7 and 7/Th✓66 the hearing was opened and held on the date first
above written.
The fallowing appeared in faror of the petition: Mr. Elliot 31ade, atty., for L.H.B.
Realty Trust, Leonard H. 3layberd, Tr, tatter from Arthur Smith (*with reservations).
Reason for decision: The petitioner presented a plan to the board which indicated the
proposed use of Lots 57, 58, 59 and 60. These four lots are at the corner of South Shore
Drive and Wiilfin Road.
Lot 57 was not the subject of this hearing other than the petitioner stated that in the
event the board of appeals approved his request that the use of Lot 57 would he in
accordance with the zoning oyelacr red that there mould be no request for speoial permits
as perta pe 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 mule.he connected with the operation of the Blue Waters Mita.
In view of the feet tht the advertised notice was for a variance, this board is of the opinion
that it also has the right to hoar a request for a special permit which is a discretionary
matter and therefore this decision is based on petitioners request for aypeoval of this
board.
It appeared that there would be landscaping aroend the perimeter of the area that would
be developed. The plan also indicated that a single tennis court erould be erected on
Lot 58, with landscaping along Wilfin Road.
lot 60 would be entirely landscaped and would contain no parking„
Lot 59 ueuld contain parking area for no mere than 30 vehicles.
It appeared that a stipulation had been entered into mong those immediately concerned
having to do with landscaping and other related matters.
The board considered this request eider the provisions at' Section II, paragraph 8 f, as
being part of the Blue Waters Motel use.
After a full eserination 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 cherves in the use requested and this
approval is granted with the underatandurg and upon the condition that there mints) no
use other than the use indicated to this board designated on the plan that was submitted
by the petitioner.
I.R.S. Realty Trust, Leonard Ha Slaybaxds, Tr. - Petition fait) continued
The board rinds t1ct the intent and purpose of the zoning g by4la r t i.12 be ka11y
adhered to by the sran'chg of this request.
Therefore, the petition far approval is granted, subject to the conditions set
forth in this opinion.
ilerabero of Board voiAn , Harold. L. Hayes,. Walton Jenkins, Stuart Ryder, E0 DiT=►berio,
George Waite - All voted in favor.
There Toro, the Petition or Approti'l is grantod, su.3ect to above corciitiors.
!znd Im authorize a variance in accordance with potit over°s request, on the conditions
set forth in the decision.
No permit issued until 20 &Ire from date o i Fling decision tri:th the Totm Clerk.
R. Stirarb Itr eD
Acting C.terz