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Home My WebLink About2005 Dec 28 - Board of Appeals Decision - Petition #3999 .� �. � r. , ' . �/ ' � �k a�7i ��a3 �4i�$ i . �oF��,� v1-2�-2r�r�.s � �o2si7c� t.. ' .'-=`� TOWN OF YARMOUTH - _�_� o; �- �y BOARD OF APPEALS � . � �`,��° ' `�� DECISION _ , . �� si ►�GMf . ., [: �� . �� FILED WTI'H TOWN G'LERK: December 28,2005 `"'-�� PETITION NO. #3999 HEARIl��TG DATE: Decembera�r2005 PETITIONER: 43 HaUet Street Real Estate Trust,Marieita Hickey,Trustee dba Abbicci Restaarant PROPERTY: 43 Route 6A, 1�Z. 31 Map and Parcet:� Zoning District: R40 MEMBERS PRESENT AND VOTIl�TG: David S. Reid, C6sirm�n, do6n Richards, Diane Mondoaris, Steven DeYoang and Debra Martin. � It appearing that notice of said hearing has been given by sending no�ice thereof to the petiti�er and all those owners of property deemed by the Board to be affccted thereby, and to the public by posting notice of the E hearing and published in The Register,the hearing was opened and held on tfie date stated above. The petitioner requests a Special Perinit per bylaw ¢104.3.2 (3) 8c (4), and §301, in order to be pennitt�d to expand an existing non-conforming building and its use. The exisiing building is non-conforming as to several setbactc and area requinments, aad the use is nan-confornung in the resident.iat zoae, and the existing partdng lot is non-conforming to curre�nt commercial parking requirements. 'I'he site has the benefit of several prior decisions,not affecte.d by t.�e curnent proposed modifications. The petitioner has filed revised plans with the Board. The final plans,considered by the Boaurd are: 1) BSC Group-Site Plan,dated Oc�ober 6,2005,with revisions through December 15,Z005, 2) Ftoor Plaos (Sheet A1)�nd Buitding Elevation draw[ngs (She�t A2)by Cotuit Bay Design both dated December l9,2005. The proposed modificatioq as shown on said plans, will add a new entry way, containing handicapped accessible bathrooms,to che west side of the building,square off several segments of the middle section of the building, and adding a southedy facing dormer to the second floor of the e�cisting front buildi.ng segment. The petitioner wilt also be installing a new foundation under tfie ma'rn build'[ag sectioq which wil!r�uise i�e heigkt af the buildings ridge by 12-14"above the existing eleva.tion. The petitioner praposes to reconfigure the seating for the first floor of the restaurant,and add an 18 seat function roam to the second floor of the main building. The second floor function room will not be used for regular r�estaurant customer seating, brrt will be limited to pre-arranged group functions. In this manner, the petitioner represents that the parici.ug I� wili remain adequate, without expansioq since gioups of this sort(business meetings,wedding r�ehearsal dinner,etc)tend#o come ai off peak dinner hours and te�i to car-poot. The petitioner represents that she has been aperating the present restaurant business using valet parking since 1981_ T� petitioner 6as a pre,scribed business plan, based upon reservation and a�icipated se�ting needs, which has praven w be effective in anticipating and de�aling with customer parlcing. Vatet's are able to utilize ' the existing lot for customer p�arkki�ag needs, and the petitianer's employees park off-site at ane of two I .. ' . � _ . ' . � � . � � F�Bed sites. While her seating capacitY of the restaurant will bc increased from 75 to 96, 18 of them will s be restricted to the function seating. 'Ihese will be used for mid-week business meetings, and other e�,e�, which, in t3�e pet�tionei's experience, tend to be schedui�for rimes and days wluch do not coincide with her Peak dining hours. 'The petftioner h�ts re�eiv+ed near vaanimous support from h�r residentiat neighbars for the existing and prctposed oPer�tion. One neighbor expressexi aa ongoing objcction to the ta11 pole mouuted lights in the parking i,ot. '�e petitioner re�reseirts that they belong to the electric utility comPanY, but that she wiH investigate their replacement with lower a�more aPPr��8��tures. The Board Snds that there are specia! features of this business operation which ' P�8 l� �quiremeuts, including the undesirability of over buitd' the �u��some relaxation of the neighborhoad, aad the atternafive � P�S tot in �is reside�tial amdiguments which the current operation has devetaped. Th� Baa.rd atso finds thai the physical renovation and additions rvill not be substantialty more detrimeata("to the neighborhood, if operated as represeMed and anticipated by the petrtioner. Therefore, a motian was made by Mrs. Moudouris, seconded by Mr. Richards, to gant the S under¢104.3.2 (3) & (4)and ¢301, for the alteratiuns and extension of the non-confo �� permit, withaut aa upgrade of the lot to curncnt �S building and use, P�8 requirements,on the following conditions: 1) The exterior stairway on the easterly side of the building,is to be used for an emergency exit only, and not for regutar customer acc�s� 2) The sacond floor is w be used only as a fiinction room, as requested, limited to pre-amanged group evern seating,and not for general restaurant customers or overflow seating, . 3) The present parking system shall be maintained, including off-site employee pazking and valet customer � paddng,so as ta maintain all customer parking on site wittiin the designated par�cing areas, 4) This Specia! Permit (for the use expansion attd &om the parking lot requiremeirts) is limited to this . b�s�es$ and this applicant. Should the business or ownership change, the matter will have to be reviewed by the Board in order to detenmine whether the transfer of the Special Perinit would corrtinue to fulfill the Boards expectations as to the lack of adverse impact a�ui suitabiirty of the parldng arrangements. On this matioq the members voted�nanimousty in favor,and t�e Speciat Permit is ifierefore granted. No pernut shall issue uuti! 20 days from the filing of this decision with the Town Clerk. Appea(s from ihis decision shall be made pursua�rt to MGL c40A section 17 and must be filed within 20 days after filing of tlus notice/decision with the Town Ctertc. Unless otherwise provided herein, the S�ial Perrnit shall tapse if a s use thereof has not be'gun within 24 months. (See bylaw¢103.2.5,MGL c4pA �9) �-�,� David S. Reicf, Clertc � 2 r �� o � w c� � � � � i . . . ��q� COMMONWEALTH OF MASSACHUSETTS �" =r `''��''o TOWN OF YARMOUTH �� '�`�G BOARD OF APPEALS o ..� ;�. - -� ��,'�;� �.�rr,�„E6� Appeal#3999 Date: dauuary 18,ZOa6 Certificate of Grantin�of a S�ecial Permit (Genera!Laws Chapter 4QA, section 11) The Board of Appeais of the Town of Yarmouth Massachusetts hereby certifies that a Speciat Permit has been grazrted ta: 43 Hallet Street Reai Eatate Trust Abbicci Restaarant 43 Route 6A Yarmvathport,iVIA 02675 e Affecting the rights of the owner with respect to land or buildings at 43 Route 6A, � Yarmout6port. Map and Parcel: 112.31, Book: 6367 & Page: 90, and the said Board af Appeals further certifies that the decision attached hereto is a tnie and correct copy of its decision granting said 3pecial permit� and that copies af said decision,and af all plans referred to in the decisioq ha.ve been filed. The Board of Appeats also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Secticm 11 (last paragraph)and Section 13, provide�s that na 3pe,cial Permit, or any extensioq modification or renewai thereof, shall take effect until a copy of the decision bearing the certification af the Town Clerk that twenty(20)days have elapsed after the decision ha.s been f ted in the office of ti�e Town Clerk and no appeal has been fil�or that,if such appeal has been fil�, that it has been dismissect ar deme�, is recordecf in the r�gistry of deeds for the county and district in which the land is locate�i and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certifica,te of titIe. The fee for �' such recordin ar registering shalt be paid by the owner ar applicant. c� David S. Reid, Chairman T • s ' ✓ s M.. A '"" ' � � M ; • � � . i � � � ,� TC)WN �F YARMOUTH Town ��as Rou'rE 2s souTM Y�ttNouTM, �►ss�cHusErrs o2ss�-2a4s� Cierk Telephone(508)398-2231 e�d.213 Fax(508)398-23B5 • CERTIFICATION OF TOWN CLERK I,Jane E. Hastings, Town Clerk, Town of Yarmouth, rlo hereby certify that 20 days have elapsed since the fiting wittt me of the above Board a:f Appeats decisio�n #3999 sn+d th�t no acrtice vf appeal of said decision has been filed with me, or, if such appeal has been filed it has been dismissed or denied. F II � r. ne . Hastings, CMC Town Clerk �