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TOWN OF BARNSTABLE
Board of Appeals
Petitioner
Appeal No. ....19 2 is...................................... .................�: Ill%'t....2.!P............_...._ 196P
FACTS and DECISION
Petitionerg D.......$y....Ann filed petition on ......: nri.l....6+. 19 62,
re uestin- a g�' '�e' mit for premises at ....:. din the village
adjoining premises s.0h2l... .... ...
for the purpose of ...:0-JOV;&Mir......a...ohmng ,....I ...:a ...exi-sti-Ag s0nf-0 un,I Wo...ame.
.4-suos......ho-��7"d.).....�,.64P.3..--an...a.P. •,�'.'•t4'+:w.nv.'!'7�.�,....1.10.f`v.....E::�..:�y�. ..t�?..r,,-•(''rW....Fu'�a.�a?r...isl+ eutz................................................
Locus is presently zoned in ...»Re-a-MOTTIGO....0.....................................................................................................................
..............................................................................................................................................................................................................................................................................................
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 of 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 .....................�1..................*�ft' P.M.
upon said petition under zoning by-laws.
Present at the hearing were the following members
a ....FA. .............. ................ , a. e ., 3 a.. i , ... k . RalDh Horde
Chairman
».................................................................................. .................................................................................... ........................................................................... _.._
At the conclusion of the hearing,,the Board took said petition under
advisement. A view of the locus was had by the Board.
On .............................................................................................................................. 19............. the Board of
Appeals found
Philip cones, Esq,* represented the petildonerso He
stated that 'i '�e potitionbra purchased the property in the spring`off' 1961*
They have en, -aged In the guest house business since that time. The
premises had previously been used for the same puxpose by a Mrs* Allen
and a Mrs. Jordan. The attorney contends that the non-conforming use
was established during the L operation by Mrs. Allen and Mrs. Jord6n, He
suggested that the requested change of use Would be more beneficial for
the community. The change would require no exterior alterations. At the
present timop the main house is used as a guest house. The small building
which was formerly a garage contains one small: apartment and also has an
unused area which emempasses about 1/2 of the building* The petitioners
desire to enlarge the existing apartment in the small building by taking
out a partition to make one, three-room apartment# The, petitioners intend
to remodel the main house so that they would have one upstairs and one
dowhstairs' apartment* To accompli6h this, th6y would convert an upstairs
bedroom to' a kitchbno The attorney suggested that the Board has the power
to grant a change to a different use if such use is not detrimental to the
neighborhood.' In the pasts the business has been transient to a large
extent# If this petition were granted,, the apartment use, would result in
longer rental periods and therefore Would be a better and more beneficial
use to the community# The petitioner had notified the Hyannisport Civic
Association of their intention and had boon told that the Civic Association
was opposed to any change.
Joseph Beecher, Esq, representing the, Hyannisport Civic Associ-
ation stated that Hyannisport was the first section of the town to adopt
zoning and the attitude of the village hamcbeen consistent since the adop-
tion of tkqA"p; NrW*law in 1948- He stated that It is practically the
unanimous desire of those affected to maintain a strict zoning by-law. The
law as it stands does not favor continuance of non-conforming uses. It
intends over a period to eliminate these uses* Petitioner requests enlarge-
ment of a one-room apartment to a' three-roora apartment, and this in the
opinion of the attorney would set a precedent which would be disastrous
in this area* Twenty-one people appeared In opposition and the Board receives
a large volume of correspondence., all stating opposition to this request.
It was the opinion of the Board that , while they did have the
power to grant changes ofazisting uses to ones considered not more detri-
mentallo it is necessary wh6revor possible to avoid the continuation ofmn-
conforming uses* This becomes particularly Important in a village where
practically 90% of the property owners In the affected village state their
objections` either in writing or in person to such change or such continuation
of a non-conforming use*. There is no question In this area of the unanimity
Distribution:— Board of Appeals
Town Clerk Town of Barnstable
Applicant
Persons interested
Building Inspector
PublicInformation By ...............................................................................................
Board of Appeals Chairman
At the conclusion of the hearing, the Board took said petition under
advisement. A view of the locus was had by the Board.
On .............................................................................................................................. 19............. the Board of
Appeals found
of, Opinion against the establishment or extenPion of ,business
U80.6"O. Under these circumstances,# the Board feels it Is necessary
to protect the desire of the comunity. The Board voted
unanlm6usly tip denythe speeial permit*
Restrictions imposed
Distribution Board of Appeals
Town Clerk Town of Barnstable
Applicant
Persons interested
Building Inspector
PublicInformation By ..............................................................................................
Board of Appeals Chairman