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Home My WebLink About005-006-75 :~"~".,-.,i.-- " ",".. .'" f.- " .' ," '-_..--._...__._~ ,ooS - 75" ;( Minutes of a meeting of the Board of Appeals held March 25, 1975. Present -were members Holmes, Backus and Taylor. In the matter of the petition of ALAN TOOLE OQP-75. Appearing for Mr. Toole- was attorney Rob~rt Campbell., ,Mr,. Campbell stated that the petitioner owns a one-acre plus parcel of land at Tom Nevers. The land is subject to the by-law restriction prohibitin~ the construction of a two story house. The petition.desires to build a two story dwelling with the total heighth of the structure not to exceed 30' from ground elevation. Mr. Campbell stated that the area now has.two story dwelling units and that a land covenant prohibiting two story dw~llings has been waived for the petitioner. The large house is required for the sole use of the Toole family which consists of seven persons. Applicable ground cover regulations prohibit a l~rger one story dwelling. Mr. Campbell stated that the Planning Board is now I ' recommending the abolition of the 2 story dwelling restric- tion and will propose an amendment to the by-law at the Town Meeting, April 1, 1975. The amendment, if passed, will allow the construction of dwelling units up to 30' in height regardless of the number of floors or stories. Mr. Campbell presented .a set 01' building plans.. and eleva- tions which have received approval of the HDC. No other person spoke in favor of or in opposition to the petition. After due delihe~ation, the Board voted to defer action on the petition until April 3, 1975. A meeting of the Board will occur on that date and a decision on 4;r/~?; /?7.Jr: ..u -----~____________:-.I.. ..'---------------- ... .....*~..........~...~~,~~~~.~;~,.....:...._,...~~...~.. --. ..-_.~_..." . d"'." .,e - ....~.....'..~'._~'....,. . '_ ...._.. _, _.._".__"..._..;;; '. ...... .........................-',. ,.....;._..........4 'i . .... on this matter will be made at that time. In the matter 01' tbp Peti tion of Ursula Rockwell @ postponed from January 21, 1975, new notice having been given as provided by law. Mrs. Rockwell stated that she owns a house at 11 West Chester St. in an area zoned Residential-2 and requires an exception or special permit from the Board to operate an antique shop from her hom.- ~1rs. Rockwell stated the pro- posed shop is to be 'situated in a shed measuring 8' x 12' now attached to the rear O:l the house. Access to the shed is by way of a path leading from West Chester St. along the westerly side of the house. Because of space restric- tions, the petitioner will, sell small items - primarily antique silver, pewter and small furnishings. There will be no employees. The petitioner will reside in the house. The area will be available to the general public on , a limited hours basis. The petitioner will rely on "word- of-mouth" advertising and may employ newspaper ad~ertising as well. She requested permission to have a sign facing West Chester St. The petitioner stated the area now has a restaurant and some home occupations stich as studios in close prox- imity to 11 West Chester S~. Mr. Willia~ Hazen, an abutter, spoke in favor of the petition and stated he has every confidence in Mrs. Rockwell's ability to op~rate a tasteful shQp. No other person spoke in favor of or in opposition to the petitlon. \, . ... .. mu______ .',1. .....--- \ . '~;"I.,~ '1;., : , . Lr\ I . , ' ---.~~._-.............,,-----,-.+....--_., . -.....-... --_....--_...,.-.--._,-_.---_.~--'- The Chairman read a letter from the Planning Board recommending the petitH'll be denied. After due deliberation, the Board found: 1. The area is primRrily residential except for enterprises such as artists studios or customary home occupations;.... 2. The business to be conducted by the petitioner may be accomplished in the area without injury to the area or neighboring homes if ~ertain conditions are met; 3. The by-law allows the ~ranting of an exception provided certain condi,tions are set to insure the harmony of the general area. Accordingly, it was ~oved and seconded that the exception and special periliit be granted subject to the following conditions: 1. The area to be used shall be confined to the 8' x 12' shed located to the rear of the house; 2. Hours of operation shall be confined to not before noon and not later than 4:00 P.M. on each business day with on operation on Sunday; 3. There shall be no sigh advertising the premises or the business conducted on the premises 4. This exception and special permit shall be valid for a period ending September 1, 1976, and shall 'be reviewed by the Board at that time. Whereupon it was unanimously voted that the special permit be granted subject to the foregoing restrictions and conditions, Mr, Taylor abstained because of a possible conflict of interest. ~(j llt, \:t\~JL~ \ - -i\ (Lu. ,. ",\ '\.0, \3 ~~LL7;~ -i __._.__,.._____w.____ z I .,.. +- Minutes of a meet ing, qf .-the Board of Appeals, March 18, 1975. Present were members Holmes, Backus and Taylor. In the matter of the petiti.on of John R. Gibb 005-75, Mr. Francis Santos, agent for Mr. 'Gibb,stated that Mr. Gibb owned a p~rcel of land at Ocean and Magnolia Ave., 'Sconset, which is adjacent to the MOhy Dick pook, below the bank., The owner now has a dwelling unit of 1255 square feet on a lot of 10,818 square feet. The area is zoned LUG-2, and allows 1~00 square feet of ground cover of 3% of the lot are~_whichever is greater. The owner wants to construct a storage shed of 256 square feet and requires a variance since the shed will exceed allowed ground cover by 311 square feet. The shed will not be used for any purpose other than equip- ment storage and will contain no pl,umbing. The owner presently has no secure or covered storage area. There were no other sp~akers and no corresponden~e was re- ceived. After due deliberation, the Board found: 1. The variance allowing the shed could be granted without derogating from the intent of, the by-law; 2. No depreciation of adjacent properties will result from the granting of the varianc~~ Upon motion by Mr. Taylor and seconded by Mrs. Backus, it was unanimously voted to grant the variance subject to the condition that the building contain no plumbing of any kind and therefore, the variance is conditionaliy GRANTED. ~~~~. ~ ~~ 'v.:::> .f.....e-\::. ...,." _ ~' ~.( --' ~.L.~h7~- //~vcJ/f/( ~~~~~ - ._._~----_:--..a~~~~-.._- . /7~V[/ ..I ~ -- \--,.,..'~- .. .. CJo(P,007- 7.:q Minutes of n meetinv of the Board of Appeals convened 'April 16, 1975, to considr.J' the matter of the Petition of ,Alan Toole 006-7:;. l-resent WArn '-!mrabern Holmes, Backus and ~aylor. ~he purpose of the meeting was to make a determination in this matter after time had bAen allowed for viewing. After due deliberation. the Board found: /; 1. The variance from the code could be allowed without derogati#g from the intent of the by-law. The erea now has two story homos and structures of the same hE:"ight as the proposed houso. 2. The height of the bu~]ding in the controlling factor Bnd the number of stqries of thA structure is immaterial. 3. The recent vote of the Town Meeting establishing the heighth of structurf's as controllin~ makes this issue moot. On motion of Mrs. Backus, seconded by Mr. Taylor, it was 'unaninmously votedtO,f,rant the varinnceand therefor, the variance is GRANTED." W4M~~ X' \\~\ ~.~\Iw- .) ,~ A L - ~ 'r;-- ~ :~ . I ~{."J ~. I mr"t', /770; II . . 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