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HomeMy WebLinkAbout0002 SCUDDER AVENUE o? SCcl��,e )09vE �I e a SID 5 TOWN OF BARNSTABLE Board of Appeals ' ... ...,.G ............................................ Petitioner AppealNo. ....3,96N.34..................................... FACTS and DECISION Petitioner ....:.» ...» 1....omams............................................... filed petition on »1 E r ::.»3 :.:.» 196o , request na aXZjjW=permit for premises at ..2.... .cUddar....A".=Q...................... XM, in the village . of ............. adjoining premises of. :D§Xt§.".ai..... U;. : . .fit. ... forthe purpose of .....00ftt ?.t ....a..... ��....P.04.#...............................................................................:..........:.........» ..................................................................................... ..............................................:.......................................................................................................................................................... Locusis presently zoned in ...»..4.1".."':�...»dlatT t................................................................................................................................... .............................................................................................................................................................................................................................................................................................. Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and by publishing in Cape Cod Standard Times, a daily newspaper.published in Town of Barnstable a copy of which is attached to the record _9f these proceedings filed with Town Clerk. A public hearing by the Board of Appeals of the Town of.Barnstable was held at the Town Office Building, Hyannis, Mass. at d P.M. Qataba3'....6. 60 , upon said petition under zoning by-laws. Present at. the hearing were the following members: Rab ft ......... ......... ......... ..................... Chairman ................................................................................. .................................................................................... ................................................................................... � I dip .At the conclusion of the hearing, the Board took said petition under advisement. A view of the locus was had by the Board. ...................................... 19... ! ., the Board of Appeals found The petitioner reque,gte a Special p0mit for the construction of a SwiZ]��'ftAo pool at' p 1806 located on, Scudder.Ave e Petitioner Stat*d that it was hie Intontion to constructal i t' for his own rS l U80 and the area would be �ez�ced off� �e Ste®8�t�a�t h® now mute hie house during the winter# and oecupleS it with his family during the Su rf The pet tIOU8V Said that It tho Special perMit Were f an:ted, it Might 'be reffitricted to occupants Of the hie• The Petitioner WAS asked If advertioing for the surround Cottage units Stated that 5143 $ing pool a priv-11O 98 were avai bier The petiti€�x ' Li'+ red that h3S a rtiSi d bin. corre0t0d by the deletion of that State t* It WAS tho op11110n Of the board that. the cottage Petitioner was an Integral part Of the eottage oo1c i�Th�ered11) rasont�. ex#Stingytth these cottage uoitS s parking areas and a tennis court# which See=d to be used b alb: tenants - �"he Board s ai" the opinion that to allow a i pool to be conctruoted within the units, would roSult in its becoming a part of the ocPerimeter use the of the age lend, This would be try even though the. hoard et t to the oecup tS of the t : e restrict it titiher hoes► It would be the t o� re- >atrioti©a that s e u2d possible to. enforoe# and therefor ,Lpractieftli The Board unanimously voted to deny petItiOnerte request for a Special pe lts Restrictions imposed: Distribution:— Board of Appeals Town Clerk Applicant Town of Barnstable Persons interested Building Inspector Public Information BY Board of Appeals Chairman lR ! k .... r` .............. t ' TOWN OF BARNSTABLE Board of Appeals ..12for�.....4'r....,. m................. ....... .. .................. Petitioner. .......� ..�.....: .a..:......"...�....._... 19 62 Appeal No.'.19.61-8........................_.................. .. FACTS and DECISION Petitioner ..........'. . 1 .:. 7� a ..... ........................................... filed petition.on ............Pee ...��....... ... 196 , requesting a variance-for premises at ........ D9ddQeP....AVIM1 .......................... SUM in the village. of Hymmiskort. adjoining remises of.........,r.......... Thomily He t© t +mi a....R .....&...L1111an 11. allace, 93�;a�r ....L..& Alma If. 14yer, .... .... A4te � 1 . Verxc I %Vl ar U. r purpose of �+ : ! r H.W. T° ..... * ff Por';� „ p k F. 8 0! ,*,pgg�.... �,.... ,� � ... ,...., H� .. ............................ altering _._. �E ....0MAU..1 .. l.dne® ypAptruct on off 3 QUta de doors an eachof ...... ..... ........"........ ..." : ......... .....fine bu11dings Locusis presently zoned in ..$�3. �r �i .... �-. ..................................................................................................................................... _....................................................................................................................................................................................................:....,................................................................................. Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and by publishing in Cape Cod Standard Times, a daily newspaper published in Town of Barnstable a copy of which is attached to the record Aof these proceedings filed with Town Clerk., A public hearing by the Board of Appeals of the Town .of Barnstable was held at 'the Town Office Building, Hyannis, Mass., at .........4 1.39................Am. P.M. ...............4r .Y.....26 t................................. 1962 ) upon said petition under zoning by-laws. Present at the hearing were the following membera: ... ........ Obert ®��............Chairman ,4 .e ...�Y't� k ................... Y' ". i' f......................_...._ ".................................................................................. .................................................................................... _.. At the conclusion of the hearing, the Board took said petition under -ti advisement. A view of the locus was had by the Board. On ...........:.................................................................................................................. 19............. the Board of Appeals .hound Philip Jones, Esq. represented the petitioner. Kr. Jones ®teted .that the lots In question are numbered 2,3,fir,5 and 66 on a plan Piled. with the B*ard. Each ol these lots csontairis a building eonstruoted about 1955 except for' the building on lot 3. They contain four bedrooms, 3 bathrooms living. room and kitahen.The building on lot 3 contains an of r'icae in additiOn to the roams above. under present arrangements the units are get up so that they can be used for apartme with 3 bedrooms. The units am as now oonstruated are not suitable for single family residence. If a single family were living on these premises, they oout rent three rooms. The petitioner desires to reconstruct the buildings so that the rooms could be used. without the requirement of the owner living on the premises. `these units are lod'aced on udder"Ave. which to the prinalpal r ad into Hyanni.sPort. at the present -,time there to not enough available space for transient guests. :If- these were private reaidenesaes the owner would be peraitt ek to have as many doorways as he desired. The petitioner's request Is for exactl the same privilege. BY, allai i the al- te'ration of these buildings the t�ndancy .-Yould be to-upgrade the,area. lle petitioner would accept a rastriation on ..sue limiting him to one attractive sign on the premises. The units wOuld" not be connected in any way and, each unit would, have its. o parking. 'the attorney .fo the petitioner stated that a hardship exists in this case bec3ause. of the petits inability to use the property for its maximum purpose. The attorney stated that the hardship had in fact been ,partially created by the petition®r,however, the Board should rent continue to d impose undue restri®tines on the .owner, There were persons who appeared in favor of granting the vari e. . It, was the opinion of the Board that .a legitimate' hardship did not exist In this case. The petitioner hod been aw are at the tin® of aonetrucstie�n that such use was not' .permitted. These units have b4sh operated for some time in violation of zoning requirements. Th6s area `, adjaoent awe have: been strictly zoned. est i. ti pOc d.and a attempt has been made to maintain-a high standard througn i cutc ffi Whe Board, Is sympathetic to the problem .oP th+e petitioner it: would be unfair to other property owners *he have been refused permission to makei a similar use of their propert�r to giant him tha: .�,e�losic�► at this time. The Board, unanimously voted to deny th+e Petitioner's request. Distribution:— Board of Appeals Tou-n Clerk Applicant Town of Barnstable Persons interested Building Inspector PublicInformation By ............................................................................................_ Board of. Appeals Chairman