Decision 4426 TOWN OF YARMOUTH
BOARD OF APPEALS
HEARING NOTES li A
Petition#1-42 (o Petitione • ii A - 1 14eitringDate:_/12' 0 '/)
/
REQUEST: SPECIAL PERMIT: • VARIANCE: • Overturn B.I.
Members of the Board present and voting.
Wankt9 e 9 PNW tf erNi3 t(,(C, & to (nn
It appearing that note of a hearing has been given by den g notice thereof to the petitioner and all ose owners of
property deemed by the Boa d to be affected thereby and that public notice of such hearing having IYeen ven by
publication in the Register the hearing was opened and held on the date first above written.
IN FAVOR OPPOSED
Reason for the Decision:
Motion by: Seconded by: Vote:
Members voting in favor: Opposed:
Therefore, the SPECIAL PERMIT VARIANCE APPEAL is
GRANTED DENIED WITHDRAWN CONTINUED TO:
CONDITIONS:
EXHIBITS RECEIVED AT HEARING:
CLERK: Date:
CLERK-CHAIRMAN HEARING NOTES
•
RECEIVES
VIA E-MAR
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clrE co.
Yarmouth Golf Department
635 West Yarmouth Road, West Yarmouth.MA 02673
Telephone(508) 7604878,Fax(508) 7604806
MEMORANDUM
To: Yarmouth Zoning Board of Appeals
From: Jim Armentrout,Director of Golf Operations n ------CJ
Subject: Discussion/Clarification of Decision Re Bass River Golf Course
Date: 2 October 2,2015
In the 2013 Zoning Board of Appeals decision regarding the Entertainment License N is a
'i the Golf Course Zoning and use.there was extensive discussion by the Board
regarding the Bass River Restaurant and the activities accomodated.
We are now anticipating an improvement project that will enhance the foodsenicc's
ability to accommodate its patrons and increase its revenue level through expanded
offerings and an ability to attract patrons to the restaurant and to the course without any
change to the foot print or the occupancy level of the restaurant.
The ability to do so will go a long way toward helping the Yarmouth Courses maintain
their financial viability and remain consistant with the use of the property dating back to
1900.
•
Town of Yarmouth
Per M.G.L.:All town and school boards,committees,commissions, and authorities shall post a
notice of every meeting at least 48 hours prior to such meeting,excluding Saturdays, Sundays,
and legal holidays. Notice shall contain a listing of topics/agenda that the chair reasonably
anticipates will be discussed at the meeting.
Notice of Meetings
Name of committee, board, etc: Board of Appeals
Date of Meeting: October 8, 2015
Time: 6:00 p.m.
Place: Town Hall—Main Hearing Room
Agenda (Topics to be discussed):
Informal Discussion: Jim Armentrout, Director of Golf Operations, Bass River
t,; Golf Course, to discuss Decision #4426.
PETITION #4613: Mary D. Bronski, Trustee of Mary D. Bronski Trust, 154 Hillside
Ave., Needham, MA. Property location: 751 Willow Street, South Yarmouth. Map &
lot#: 0042.121;Zoning District: RS-40. The applicant seeks a Special Permit under Zoning
By-law §104.3.2 (2) to partially raze and replace and increase height of a lawfully pre-
existing non-conforming structure and detached garage.
PETITION #4614: New Cingular Wireless PCS, LLC d/b/a AT&T, do Terra Search,
157 Riverside Drive, Norwell, MA Property location: 480 Buck Island Road, West
Yarmouth. Map & lot#: 0046.2; Zoning District: R-40. The applicant seeks to Modify an
existing Special Permit#4423 and/or a new Special Permit under Zoning By-law §408.4 to
increase the number of antennas and upgrade existing equipment.
PETITION #4615: Brian and Trisha O'Hearn, 31 Flintlock Way, YarmouthPort,
MA Map & lot#: 0122.17; Zoning District: R-40. The applicant seeks a Variance from
Zoning By-law §203.5 to install a 16' x 32' in ground swimming pool within required side
yard setback.
PETITION #4616: Giovanna M. Leddy, 30 Dorr Street, Roxbury, MA Property
location: 15 Shannon Court, South Yarmouth. Map & lot#: 0025.317; Zoning District:
R-25. The applicant seeks a Special Permit under §104.3.2 (1) & (2) and/or Variance from
§203.5 to increase height of a pre-existing non-conforming two family dwelling.
Posted By (Name): Sandi Clark Signature: Sandi Clark
J x G TOWN OF YARMOUTH
p y `; ; y BOARD OF APPEALS
�'; . ' 'Z DECISION
FILED WITH TOWN CLERK: January 23,2013
PETITION NO. 4426
HEARING DATE: January 10,2013
PETITIONER: Town of Yarmouth
PROPERTY: 62 Highbank Road, South Yarmouth,MA
Map and Lot#:0080.117
Zoning District: R-40
Book& Page: 4074/198
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Joseph
Sarnosky,Debra Martin, Gerald Garnick and Richard Neitz,Alternate.
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 to the public by posting
notice of the hearing and published in The Register, the hearing was opened and held on the date
stated above.
The Petitioner, The Town of Yarmouth, was well-represented by Jim Armentrout, Director of Golf.
The Petition seeks relief to allow entertainment at the Bass River Golf Course, property located at 62
Highbank Road, South Yarmouth, MA,property in an R-40 Zoning District.
Though issued an entertainment license, the Petitioner's representative had determined that the golf
course had not received zoning relief needed due to the use of entertainment in an R-40 Zoning
District not generally being a permitted use. In light of this,the Petitioner properly seeks relief.
The relief sought raised substantial controversy from not only abutters to the golf course property, but
from multiple parties living within the Town of Dennis. Multiple e-mails and letters had been
received and recited to in the record. Various persons attended and generally spoke in opposition to
entertainment being allowed in a residential neighborhood. These speakers included Gail Burke,
Charles Burke of Dennis, MA and Robert L. Troup of 20 River Drive, South Yarmouth, MA Board
member, Robert Howard had recused himself from deliberation and spoke eloquently citing both pros
and cons to the Petition.
The Board noted that the golf course had been a good neighbor to abutters for over a century, often
utilizing entertainment to enhance the public enjoyment of the facility. The Board was also in
agreement with Mr. Armentrout that reasonable entertainment was a needed activity to the success of
the golf course and that any "abuses" had occurred in the past when the restaurant was under private
management. It was felt that, with the Town's direct oversight and some limiting conditions, the use
1
would not create any undue nuisance, hazard or congestion nor any substantial harm to the established
or future character of the neighborhood or Town. Further, in this instance, literal enforcement of the
by-law would involve a substantial hardship to the financial stability of this golf course; that the
hardship would be caused due to the vast size, shape and topography of the land and its isolation of the
club house from direct, residential abutters; and that the relief merely affirmed an activity which has
existed for many years and is licensed by the Town without any substantial detriment to the public
good. The grant of relief will not nullify nor substantially derogate from the overall intent or purpose
of the by-law.
Accordingly, on Motion made by Mr. Igoe and seconded by Mr. Garnick, the Board voted
unanimously in favor of the grant of the Variance as prayed for by the Petition and upon the following
conditions:
1) All entertainment was to be confined to the interior of the
restaurant and within the area marked as"Dance Floor"
as shown on the"Seating Plan for Entertainment"filed
with the Petition;
2) All noise from entertainment was to be confined within the
building with all doors and windows being closed when
entertainment was being provided,
3) There is to be no outside amplification of any music or
other entertainment;
4) Entertainers are to be limited to 4 at any one time and all
entertainment is to be governed by any limitation imposed
by the Entertainment License issued by the Town; and
5) There be a one year review to determine if there has been
substantial compliance with these conditions.
6) The hours of entertainment are: May 1-October 15`h— 10 p.m..
October 16-April30th- 9 p.m.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this
decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after filing of this
notice/decision with the Town Clerk. Unless otherwise provided herein, a Variance shall lapse if the rights
authorized herein are not excised within 12 months.(See MGL c40A §10)
Steven DeYoung, Chairman
2
YnRMOIF'1H TOWNCLFRK
YARMOUTH BOARD OF APPEALS
MINUTES
JANUARY 10,2013 ,AR2344K? :C;2 REt
Members sitting & voting: Steven DeYoung, Chairman, Sean Igoe,Joseph Samosky,
Debra Martin, Gerald Gamick and Richard Neitz.
PETITION#4426: Town of Yarmouth,62 Highbank Road (Bass River Golf
Course),South Yarmouth,MA
The applicant seeks a Special Permit from Zoning By-law§202.5 (N3) (footnote 21)
and/or Variance from Zoning By-law§202.5 (N3)(footnote 21)for entertainment.
Mr. Jim Armentrout, Director of Golf Operations,Town of Yarmouth. Mr. Armentrout
gave a background of the operation of the Golf Course which began back in the 1900's.
The Town of Yarmouth started operating the Golf Course in the I950's since then there
have been several different concessioners. At the end of 2009,having dealt with a litany
of issues, I suggested to the Board of Selectmen that the Yarmouth Golf be allowed to
operate the Bass River food service. We took over the running of the restaurant in late
Spring of 2010 till present and without incidents or complaints. We have held a number
of events over this time. We strictly adhere to restrictions with an entertainment permit
and have held such within the building without complaint. I was informed by a former
Board member in the summer of 2012 that the Golf Course was not zoned properly to
hold an entertainment license. This is why I have taken the steps to get the correct
licensing for the establishment. There has been correspondence that has been received
and to clear up any misgivings,nothing is changing,there have been no problems over
the last two years and we will be continuing to operate in the same manner.
Mr.Armentrout understands through the correspondence received that there was a
particular angst with the operator of the Bass River Grille in 2008-2009 and that is a big
reason I am here as the operator of the Bass River Grille now and what happened in the
past will not happen now.
The Board asked questions regarding the music being confined indoors;the hours of
operation are generally open from 6 a.m. to an hour after sunset which varies over time.
If we have an event we might stay open later. Over the past 2 years no complaints have
been received. Mr. Armentrout stated that the restaurant is a support to the golf not the
other way around. It is convenient to have a restaurant and music at the Golf Course in
order to compete with other Golf Courses. The outside seating is for up to 112 people.
Mr. Armentrout explained to the Board that when the prior operator was running the
restaurant,which was over a period of 15-18 months,Mr.Armentrout,Director of Golf
Operations,never received the first compliant. The letters that were sent to the Board
were interesting in themselves because of this fact.
C The Town has been running the operation since 2009,has had entertainment,no
complaints. The entertainment consists of no more than 3 people playing. The Town
issues the license to the Golf Course for the alcohol. This being said,we are very
sensitive to making sure the operation runs smoothly. The entertainment will be inside
only,all windows and doors will be closed and air conditioning will be used during the
summer months.
Chairman DeYoung read correspondence front Mr. Augustino Tosti,Nancy Henning,
Robert&Barbara Troup and Tom Smyth. Correspondence from West Dennis from Gail
Burke,Charles Burke, Joan Ferrari,Robert Anderson,Art Husk,Bruce &Pam Hill,Elisa
Saccardo,Catherine&Kevin Sullivan,Mr. &Mrs. Constantine Galanos.
Audience in Favor
Robert Howard, abutter,recued from sitting on this as he is an abutter to the property.
Mr.Howard has been a member of this golf course and it is not a country club. I spoke
with Fred Ghitto at the Bass River Golf Club and he is a golf pro and a musician. I was
told that only 3-4 musicians would play at the same time. The inside will hold 50 people
and there is a side door for the bartender to go in and out. You can hear noise from the
people outside on the deck while you are playing golf especially on certain areas of the
course. The Petitioner used verbage like"our intent"not definitive words like"we will
not". Mr.Howard asked the Selectmen for speed bumps in there and was turned down.
Mr.Howard commented on the amount of liquor that was drunk at events at Golf Courses
C. in the past. At Bass River it is a beer and wine license. I would Iike this Board to put
conditions concerning some of the matters that I have raised. I am against hard liquor at
this site and that is a condition I would like. The complaints from the Dennis citizens
were not called into the Town and they were short stopped and I can give you
information privately.
Audience in Opposition:
Mrs. Gail Burke, 15 Horsefoot Road,West Dennis addressed the Board. Ms.Burke
stated that they have learned a lot and that this entertainment license was never supposed
to be allowed and by some action today it is being sought that will make something that
was out of compliance right. Ms. Burke felt that this is not appropriate in a residential
area,nuisance, degrades the neighborhood,extra traffic,etc. Mrs.Burke expressed the
environmental impacts and in essence is not in favor of grant of this Petition.
Charles Burke, 15 Horsefoot Road,West Dennis addressed the Board regarding the noise
at night with people drinking it is counter productive.
Lee Troup,20 River Drive,South Yarmouth stated he is two houses down from the Golf
Course and the noise is pretty bad. He also questioned the Use Table §202.5 (N3)
(footnote)21 of the by-law that was on the application and his letter on this matter is in
the file. Mr.Troup did say that in the last 2 years he has not heard any noise.
, .
Chairman closed the hearing to public commentary and open to Board deliberations.
Board Discussion:
Mr. Garnick stated this is a benign request. The Golf Course has been there since the
1900's and since Mr. Armentrout has been there he has been a hands on Director. Not
one person this evening had any problems within the last 2 years since he has been
running the Bass River Grille. This is a reasonable request,it benefits the Town,it
benefits the golfers it does not have detriment to the neighborhood. The idea that no one
knew where to complain to is ridiculous,look at the number of e-mails we received,they
knew where to send them!
Ms.Martin expressed sympathy to the neighbors who had problems in the past,but I also
feel that those problems with Mr. Armentrouts supervision have disapated. My concern
is if Mr.Armentrout was not in charge what happens. Maybe we should limit the times.
Mr.Igoe stated this is something that runs with the land. This does need to be controlled,
concerns with bands late into the night,limit hours of operation. The band should stop at
9 p.m.this is a residential neighborhood. In effort to be competitive we need to condition
the times of the year of operation. A recommendation would be week-ends only for a
band,maximum of 4 members, all contained inside,week-ends 5/15-9/15,manager on
property.
Chairman DeYoung reminded the Board that this is a license for entertainment before us.
The Golf Course had entertainment before an"Entertainment License"was needed. The
history of this course is one of the oldest;it is a jewel and a jewel for the Town of
Yarmouth. If this Petition is allowed it will be within the confines of the building.The
problem of the deck will not change, 112 people are allowed to have a cocktail on the
deck. The Variance will run with the land,but the entertainment license,the common
victualar license and the alcohol license and if there is abuse the license gets pulled. The
Chairman applauded Mr. Armentrout for coming before the Zoning Board of Appeals to
legitimize by zoning what has been allowed by law relative to licensing for these many,
many years. This is to correct a zoning issue and many of the problems will not go away.
•
The Board then discussed the time lines that should be set and the time of the year.
On Motion by Mr. Igoe and seconded by Mr. Garrick,the Board voted unanimously in
favor of the grant of the Variance with the following conditions:
1) All entertainment was to be confined to the interior of
the restaurant and within the area marked as"Dance Floor"
as shown on the"Seating Plan for Entertainment"filed
with the Petition;
2) All noise from entertainment was to be confined with the
building with all doors and windows being closed when
entertainment was being provided;
3) There is to be no outside amplification of any music or
other entertainment;
4) Entertainers are to be limited to 4 at any one time and all
entertainment is to be governed by any limitation imposed
by the Entertainment License issued by the Town;and
5) There be a one year review to determine if there has been
substantial compliance with these conditions;
6) The hours of entertainment are: May 1-October 15th—10 p.m.
October 16—April 30th—9 p.m.
C.