Loading...
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Seconded by: Vote: Members voting in favor: Opposed: Therefore, the SPECIAL PERMIT VARIANCE APPEAL is GRANTED DENIED WITHDRAWN CONTINUED TO: CONDITIONS: EXHIBITS RECEIVED AT HEARING: CLERK: Date: CLERK-CHAIRMAN HEARING NOTES • RECEIVES VIA E-MAR c„t YwxAroe, Y.rte4 1 clrE co.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.