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HomeMy WebLinkAboutDecision 4741 Bk 31511 P945 :43754 Vw i!O'l H TCYA CLERK 09-05-2018 a 03 : 5S1:. 0,"Yelite Itr° 3 S3�tL24 u4.25 REC TOWN OF YARMOUTHo .z., 7 y BOARD OF APPEALS k': 4 - t: . DECISION •��1CMtt FILED WITH TOWN CLERK: July 24,2018 PETITION NO. #4741 HEARING DATE: May 10,2018 and June 28,2018 PETITIONER: Town of Yarmouth dba Bass River Golf Course PROPERTY: 62 Highbank Road,South Yarmouth,MA Map & Lot#: 0080.117; Zoning District: R-40 Book/Page: 4074/98 MEMBERS PRESENT AND VOTING: Steven DeYoung,Chairman,Sean Igoe, Dick Martin,Tom Nickinello, and Susan Britta,Tom Baron (non-voting)Alternate. The Petitioner, the Town of Yarmouth, seeks relief in connection with a desire to have outdoor music at the Bass River Golf Course, 62 Highbank Rd., South Yarmouth, MA. This property has been the subject of significant prior consideration by the Board of Appeals. The most recent previous decision occurred January 10, 2013. In that decision, relief was granted to allow for use of entertainment in the R-40 Zoning District in which this property is located. The Petitioner now seeks to extend that previous grant of relief by being permitted to have outdoor entertainment on the patio area adjacent to the Club House. As was true in the previous grant of relief, much controversy arose over the request to extend the relief to include outdoor entertainment. One Yarmouth resident expressed some concerns and multiple people living within the Town of Dennis expressed in both writing and in person that they were opposed to the extension of use as requested by the Petitioner. After hearing the concerns of all parties who opposed the extension of relief, a meeting was established to allow Board members to hear for themselves the level and extent of noise that would be generated by outdoor entertainment. One of the Town of Dennis opponents to the plan initially indicated that her property could be utilized for the purposes of hearing the level of the noise across Bass River but subsequently withdrew such offer and so the Board members that did attend did so by going down a public way on the Dennis side of the river. As well,they went to the residence of the Yarmouth persons who expressed concerns. It was generally felt by those Board members that did attend that the noise was not loud,obnoxious or bothersome and that the relief,with limitations, should be considered. At the continued hearing on June 28,2018,it was felt that the proper relief should be that of a Use Variance allowing for outdoor music to be played on the patio area of the Petitioner's Club House. Mr. Igoe proceeded to make a Motion that a Variance for outside entertainment within an R-40 Zoning District be granted for a two-year period only and on the conditions that: 1.)Amplification be limited to a two-person music ensemble; 2.) That the music be limited to Wednesday through Friday at 4 PM to 8 PM and Sunday from 9 AM to 1 PM; 3.) That the music be permitted each year from May 1 through the Sunday of Columbus Day Weekend;and 4.)That the Petitioner return for a review on July 24,2019 and on July 23,2020 at which time it will be determined if the relief granted herein will be extended,modified,or eliminated.This Motion was seconded by Mr.Martin and the Board had substantial discussion as to the merits of the requested relief and the Motion made and seconded and it was felt that the Petitioner had met the requirements for a Use Variance. Accordingly,the Motion made,with conditions was presented to the Board for vote and the Board members voted unanimously in favor and the relief, with conditions was therefore granted. 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) Stevenefl Young, CC Aiaan ;oF 9 z :v.4 THE COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Appeal#4741 Date: August 14,2018 Certificate of Granting of Variance (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Variance has been granted to: Town of Yarmouth d/b/a Bass River Golf Course 62 Highbank Road South Yarmouth,MA 02664 Affecting the rights of the owner with respect to land or buildings at 62 Highbank Road, South Yarmouth, MA; Zoning District: R-40; Map & Lot#: 0080.117; Book/Page: 27153/308 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit and Variance, and that copies of said decision, and of all plans referred to in the decision, have been filed. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no Variance, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty days (20) have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. Steven DeYoung, Chairman 41 °F TOWN OF YARMOUTH .. t, Town ~''h 1146 ROUTE 28, SOUTH YARMOUTH,MASSACHUSETTS 02664-4451 Clerk Telephone(508)398-2231 Ext. 1285,Fax(508)398-0836 >: CERTIFICATION OF TOWN CLERK I, Philip B. Gaudet, III, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals Decision #4741 that no notice of appeal of said decision has been filed with me, or, if such appeal has been filed it has been dismissed or denied. All appeals have been exhausted. ,, �0 k, e / 4,1rflat i ,,4 !'��� ib tin Teid 1.*Ic l•e, V # ,71,Iii/ BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register TOWN OF YARMOUTH BOARD OF APPEALS HEARING NOTES ' Petition# 1/4 Petitioner: I / ' 1 // Hearing Date:,i 4 `/0 REQUEST: SPECIAL PERMIT:1 VARIANCE: § Overturn B.I. `� Members of the Board present and voting r-, �`v (c73n�Act J INI4I` (\,b cx \bPJ (C) v,!45G s G\L-\ 1githJ It appearing that n ti of aid fiaaring hasee wee by sending notice thereof tdthe petitioner and alrhose owners of property deemed by, t and to be affected there and that public notice of such hearing having been given by publication in the Register the hearing was opened and held on the date first above written. ✓YcAV,R ( , OPPOSED AEC_.�! ")... 1/4\1-M-i-PN Reason for the Decision: Motion by: to Seconded by: Miff< Vote: WO,/ U % An.49 Members voting in favo . Opposed: Therefore,the SPECIAL PERMIT VARIANCE APPEAL is GRANTED DENIED WITHDRAWN CONTINUED TO: CONDITIONS. o &-% Ob/ 1k Or ‘2- L i ta* EXHIBITS RECEIVED AT HEARING: St b t 1 6 A � ' 1 /.06\11.1b k� 1%1)�t a *i 7�w CLERK • Date: '4? J 12/ ) . ! 1 CLERK-CHAIRMAN HEARING NOTES \el0 C A o TOWN OF YARMOUTH o ;34 - c)\ BOARD OF APPEALS , Rf� fill l ll TUN i Ck MATTACF CS -, arowud9 �:' APPLI(JATION FOR HEARING '16.9,22:1;411:03 REC Appeal#: Date:�C/®'/8 Fee$ 0 + /1 Owner-Applicant: /a71 of i N — D&A- 1345s /\ Ili 46F ectio e (Full Names-including d/b/a) O Z H'q.4 emit/2oAD reg 100 ye 98 777,42/naiemeat&v2,0,iim. MA. Arf (Address) (Telephone Number) (Email Address) and is the (check one) C?Owner 0 Tenant 0 Prospective Buyer 0 Other herr InterestedrParty Li Property: This application relates to the property located at: 2 /1694OAoK /\0'910 and shown on the Assessor's Map#: 00$0,n as Parcel#: Zoning District: /Q yD If property is on an un-constructed(paper)street name of nearest cross street,or other identifying location: Project: The applicant seeks permission to undertake the following construction/use/activity (give a brief description of the project. i.e.: "add a 10' by 15' deck to the front of our house"or "change the use of the existing building on the property"): RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals: We Seek- f0 ,lnfg4D the geo+'iED FxIsrwQ patrol*906 — s/9eUFiee//y c [�I Arri 0715 -# /c �, � en 'iv nvr'/ /A tri A 'e i1 Q PA Flom A02, 5— A/-3 us.= ,,1816 1) REVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING ADMINISTRATOR dated attach a copy of the decision appealed from). State the reason for reversal and the ruling which you request the Board to make. 2) SPECIAL PERMIT under § of the Yarmouth Zoning By-law and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5 .(use space below if needed) 3)/VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested, and, as to each section, specify the relief sought:y Section: aoa,5 Relief sought: -3 eneerow YtaI/f Cu4//2.057-2tcrtO) Section: Relief sought: Section: Relief sought: ADDITIONAL INFORMATION: Please use the space below to provide any additional information which you feel should be included in your application: FACT SHEET Current Owner of Property as listed on the deed (if other than applicant): Name&Address '/ D Title deed reference: Book&Page# 40!/�7/9O or Certificate # Land Court Lot# Plan# n (provide copy of recent deed) Use Classification: Existing: �qy y04L /earn, §202.5 # Proposed: SA'tlC §202.5 # Is the property vacant: A/0 If so,how long?: Lot Information Size/Area: /al//c e.5 Plan Book and Page / Lot# Is this property within the Aquifer Protection Overlay District? Yes V No Have you completed a formal commercial site plan review(if needed)? Yes_No Other Department(s) Reviewing Project: Indicate the other Town Departments which are/ have/or will review this project, and indicate the status of their review process: Repetitive Petition: Is this a re-application: If yes, do you have Planning Board Approval? Prior Relief: If the property in question has been the subject of prior application to the Board of Appeals or Zoning Administrator, indicate the date and Appeal number(s) and other available information. Include a copy of the decision(s) with this application: Pet/Tn / HA — ,;sreo+i y )0/ 1.o/3 Building Commissioner Comments: r Applicant's/Attorney/Agent Signature Owner' ignature Address: Phone E-Mail: ar-it ,Aole ' *// Building ►. 3' loner Signature Date TOWN OF YARMOUTH 9.\: a Yarmouth Golf Division Jim Armentrout Director of Golf Operations 635 West Yarmouth Road, West Yarmouth, MA 02673 Telephone(508) 760-4878, Fax (508) 760-4806 Yarmouth Zoning Board of Appeals February 9,2018 1146 Route 28 South Yarmouth,Ma.02664 Dear Sirs: The Restaurant at the Bass River Golf Course has operated on the same South Yarmouth property for over one hundred and fifteen years.Over that period,entertainment,primarily in the form of music,has been an integral part of the operation.In 2010,the Town of Yarmouth under its Golf Operations Director,took full charge of the Bass River Restaurant's day to day activities and successfully obtained both a license to serve alcoholic beverages and an entertainment license. Over the eight-year period that the Golf Operations have held these permits and overseen the Bass River Restaurant operation,the record of compliance with all pertaining regulations has been exemplary,with no incidents of record. As well,the Town/Golf Operation has made significant investment into the Restaurant premises in order to provide Yarmouth residents and visitors to the Town a pleasant and affordable water front dining facility. In order for the Restaurant to fulfill its mission and to cover rising costs of the operation,it is imperative that we make the Restaurant offering more appealing to the general public as well as to golf patrons. To accomplish this goal we propose,with the proper permission,to provide low amplification,acoustical music on the restaurant patio.It is proposed that the entertainment consist of a maximum of three entertainers concurrently providing light music consistent with a family atmosphere.We do not ask for • additional relief from contingencies previously imposed by the board,and we fully intend to continue to comply with both the letter and spirit of all restrictions imposed. Yours truly, Jim Armentrout Director of Golf Operations r. TOWN OF YARMOUTH Board of 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 Appeals Telephone(508)398-2231 Ext.285, Fax(508)398 0836 AGREEMENT FOR EXTENSION YARMOUTH TOWN CLERK The Petitioner understands and agrees: '18MAY11Am10:51 REC _That the public hearing will not be held within 65 days of the filing of this Application, or That the Board will not take "final action" on the request for a Special Permit within 90 days of the conclusion of the public hearing; That the decision of the Board on an Appeal or Variance request will not be made within 100 days of the filing of the application. Further, the petitioner agrees with the Board to extend the time frames within which the hearing, re-hearing or continuance are to he held and the decision(s) are to be made and filed by the Yarmouth Board of Appeals, and to waive any rights to the Constructive Grant of this petition, provided that the Board does act within the time frame of this agreement. It is therefore agreed that the Hearing shall be held/continued on l4 (29/lel , and that the Board's decision shall be made and filed with the Town Clerk within 14 days of the conclusion of that public hearing. Applicant/Petition • pp Petition # ��¢ �Application filing date: U9•o30. �CS Initial HearingngDate : ,�/ /Q•�s // 4411;& DI.0 , Date:( 70t/X Petitioner or Agent for Petitio er — Date: ‘5714 Boar od f Appeals Date Filed with Town Clerk: H:\MyFiles\Documents\Application\Hearing Extension Agreement.wpd TOWN OF YARMOUTH BOARD OF APPEALS HEARING NOTES Petition#11//41 Petitioner: I. / 111 "K' Hearing Datk J:49-/9 Gd REQUEST: SPECIAL PERMIT: § VARIANCE: § Overturn B.I. Members of the Board present and voting. &ants UL It appearing that no ice ITC hearing has been given by ening notice thereof to the petitidner and all those owners of property deemed by the d to be affected thereb that public notice of such hearing having been given by publication in the Register the hearing was opened and held on the date first above written. IN FAVOR OPPOSED nti kr c,..Qt a tukos,g f �A. 4D i n Nk a s-t U C / rUck161 C tiv-t tinf.4)441/4 AAA Reason for the Decision: Motion by: oreaded by: 1v 1c�,r /ote: U M A 1i3 ✓ "`e/s, Members voting in favor: Opposed: Therefore,the SPECIAL PERMIT VARIANCE APPEAL // pp is GRANTED DENIED WITHDRAWN CONTINUED TO:�P'/J3t1'Ig CONDITIONS: EXHIBITS RECEIVED AT HEARING: ()---NA CLERK: Date: ,5/1;/f it n CLERK-CHAIRMAN HEARING NOTES Property Location:62 HIGHBANK RD MAP ID:80/117/// Bldg Name: State Use:9310 Vision ID:10210 __Acco_unt#10210 Bldg#: 2 of 2 Sec#: 1 of 1 Card 3 of 3 Print Date:04/19/2018 13:08 • CONSTRUCHON DETAIL CONSTRUCTION DETAIL(CONTINUED) Element Cd. Ch. Description Element Cd. Ch. Description Style 48 Warehouse Model 96 Ind/Comm 28 Grade 02 Below Average Stories 1 Occupancy 1 MIXED USE Exterior Wall 1 13 Pre-Fab Wood Code Description Percentage Exterior Wall2 9310 SELECTMEN IDMPR 100 Roof Structure 03 Gable/Hip Roof Cover 03 Asph/F Cls/Cmp Interior Wall I 01 Minim/Masonry Interior Wall2 COST/MARKET VALUATION Interior Floor I 03 Caner-Finished Adj.Base Rate: 45.20 Interior Floor 2 93,797 60 BAS 60 UST 58 Heating Fuel 01 Coal/Wd/None Net Other Adj: D.00 Heating Type 01 None Replace Cost 1997 AYB 1966 9 AC Type 01 None Dep Cale A Bldg Use 9111 EXEMPT NL M96 Remodel Rating . Total Rooms Year Remodeled Total Bedrms 00 Dep% 27 Total Baths 0 Functional Obslnc 0 External Obslnc ) Cost Trend Factor Condition 28 10 Heat/AC 00 NONE %Complete • Frame Type 02 WOOD FRAME Overall%Cond 73 Baths/Plumbing 00 NONE Apprais Val 61,200 Ceiling/Wall DO NONE Dc,%Ovr ) Rooms/Prtns 02 AVERAGE Dep Ovr Comment Wall Height 10 Misc Imp Ovr D Comn Wall D Misc Imp Ovr Comment % Cost to Cure Ovr D Cost to Cure Ovr Comment OR-OUTBUILDING&.YARD ITEMS(L)/XF-BUILDING EXTRA FEATURES(B) . Code Description Sub Sub Descript ,IIB Units Unit Price Yr Gde Dp Rt Cnd %Cnd Apr Value PMHS PUMPHOUSE, L 676 150.00 2004 0 100 101,400 No Photo On Record BUILDING SUB-AREA SUMMARY SECTION Code Description Living Area Gross Area Ell Area Unit Cost Undeprec. Value BAS First Floor 1,680 1,680 1,680 45.20 75,933 UST Utility,Storage,Unfinished 0 580 174 1356 7,864 TM Gross Liv/Lease Area: - 1,680 2,260 1,854 83,797 Property Location:62 HIGHBANK RD MAP ID:80/117/// - Bldg Name: State Use:9310 Vision ID:10210 _Acco_un_t#10210 Bldg#: 2 of 2 Sec#: 1 of 1 Card 3 of 3 Print Date:04/19/2018 13:08 CURRENT OWNER TOPO. UTILITIES STRT✓ROAD LOCATION CURRENT ASSESSMENT TOWN OF YARMOUTH 4 Rolling 2 Public Water 1 Paved 2 Suburban Description I Code Appraised Value Assessed Value BASS RIVER GOLF COURSE — - _ 4 Gas 7 Waterfront EXEMPT 9310 437,900 437,900 815 1146 ROUTE 28 EMI LAND 9310 3,222,000 3,222,000 YARMOUTH,MA 6 Septic XEIIIPT 9310 1,803,300 1,803,300 SOUTH YARMOUTH,MA 02664-4463 SUPPLEMENTAL DATA Additional Owners: Other ID: 61/.1002/// VOTE MISC 240 VOTE DATE CHANGES PRIVATE R( BETTERMENT VISION PLAN NUMBEI409A-409 ZIP CODE 2664 GIS ID: M_310196 825819 ASSOCPID# Total 5,463,200 5,463,200 RECORD OF OWNERSHIP BK-VOL/PAGE SALE DATE q/u vii SALE PRICE V.0 PREVIOUS ASSESSMENTS(HISTOR TOWN OF YARMOUTH 843/417 06/03/1953 I Yr. Code Assessed Value Yr. Code Assessed Value Yr. Code Assessed Value TOWN OF YARMOUTH I 0 2018 9310 437,9002017 9310 437,9002016 9310 427,400 2018 9310 3,222,0002017 9310 3,222,0002016 9310 2,964,200 2018 9310 1,803,3002017 9310 1,803,3002016 9310 1,803,300 Total: 5,463,200 Total: 5,463,200 Total: 5,194,900 EXEMPTIONS OTHER ASSESSMENTS This signature acknowledges a visit by a Data Collector or Assessor Year Type Description Amount Code Description Number Amount Comm.Int. APPRAISED VALUE SUMMARY Total_ Appraised Bldg.Value(Card) 61,200 ASSESSING NEIGHBORHOOD Appraised XF(B)Value(Bldg) 0 NBHD/SUB NB/ID Name Street Index Name Tracing Batch Appraised OB(L)Value(Bldg) 101,400 0050/A Appraised Land Value(Bldg) o NOTES - Special Land Value 0 WARHSE FOR GOLF CARTS Total Appraised Parcel Value 5,463,200 OBXF LN3=COURSE Valuation Method: C Adjustment: 0 IMPROVEMENTS Net Total Appraised Parcel Value 5,463,200 BUILDING PERMIT RECORD VISIT/CHANGE HISTORY Permit ID Issue Date 7}pe Description Amount Insp.Date %Comp" Date Comp. Comments Date Type IS ID Cd. Purpose/Result 03/02/2016 KN BP Building Permit 07/06/2015 DM 54 Field Review 04/25/2014 GM 00 Mcasur+Listed 01/01/2014 01 1 BH CY CYCLICAL 2014 04/29/2010 AL BP Building Permit • LAND LINE VALUATION SECTION B Use Use Unit Acre ST. SAdj # Code Description Zone D Front Depth Units Price L Factor S.A._Disc C.Factor Idx Adj. Notes-Adj Special Pricing Fact Adj. Unit Price Land Value 2 9310 SELECTMEN IMPR F 0 SF 11.00 1.0000 5 1.0000 1.00 0050 1.25 .00 13.75 0 Total Card Land Units: 0.00 AC]Parcel Total Land Areah121.06 AC I Total Land Value: 0 Property Location:62 HIGIIBANK RD MAP ID:80/117/// Bldg Name: State Use:9310 Vision ID:10210 Bldg#: 1 of 2 Sec#: 1 of 1 Card 2 of 3 Print Date:04/19/2018 13:08 CONSTRUCTION DETAIL CONSTRUCTION DETAIL(CONTINUED) - -. Element Cd. Ch. Description Element Cd. Ch. Description MIXED USE Code Description Percentage 9310 SELECTMEN IMPR 100 COST/MARKET VALUATION Cost Trend Factor OB-OUTBUILDING&YARD ITEMS(L)/XF-BUILDING EXTRA FEATURES(B) Code Description Sub Sub Descry)! LB Units Unit Price Yr Gde Dp Rt Cnd %Cnd Apr Value FPLI FIREPLACE I B I 2,200.00 1990 1 100 1,700 FPLI FIREPLACE I B I 2,200.00 1990 I 100 1,700 No Photo On Record BUILDING SUB-AREA SUMMARY SECTION Code Description Living Area Gross Area Elf Area I Unit Cost Undeprec. Value TDI.Gross Liv(LeaseArea: 0 0 0 497,692 Property Location:62 HIGHBANK RD MAP ID:80/117/// Bldg Name: State Use:9310 Vision ID:10210 Bldg#: I of 2 Sec#: 1 of I Card 2 of 3 Print Date:04/19/2018 13:08 CURRENT OWNER TOPO. UM ITIES TRT✓ROAD LOCATION CURRENT ASSESSMENT TOWN OF YARMOUTH Description Code Appraised Value Assessed Value BASS RIVER GOLF COURSE 8/5 1146 ROUTE 28 YARMOUTH,MA SOUTH YARMOUTH,MA 02664-4463 SUPPLEMENTAL DATA Additional Owners: Other ID: 61/J002/// VISION GISID: M11_310196_825819 ASSOCPID# Total 5,463,200 5,463,200 RECORD OF OWNERSHIP BK-VOL/PAGE SALE DATE q/u v/i SALE PRICE V.C. PREVIOUS ASSESSMENTS(HISTORY) Yr. Code Assessed Value_ Yr. Code Assessed Value Yr. Code Assessed Value Total: Total: Total: EXEMPTIONS - OTHER ASSESSMENTS This signature acknowledges a visit by a Data Collector or Assessor Year Type Description Amount Code Description Number _ Amount Comm.Int APPRAISED VALUE SUMMARY Total: Appraised Bldg.Value(Card) 373,300 ASSESSING NEIGHBORHOOD Appraised XF(B)Value(Bldg) 3,400 NBHD/SUB NBHD Name Street Index Name Tracing Batch Appraised OB(L)Value(Bldg) 1,701,900 0050/A Appraised Land Value(Bldg) 3,222,000 NOTES - - - Special Land Value 0 Total Appraised Parcel Value 5,463,200 Valuation Method: C Adjustment: 0 Net Total Appraised Parcel Value 5,463,200 - - BUILDING PERMIT RECORD VISIT/CHANGE HISTORY - Permit ID Issue Date Type Description Amount Insp.Date %Comp. Date Comp. Comments Date Type IS ID Cd. Purpose/Result LAND LINE VALUATION SECTION . B Use Use Unit ST. SAdj # Code Description Zone D Front Depth Units Price 1.Factor S.A., C.Factor ldx Adj. Notes-Adj Special Pricing Fact .d/. Unit Price Land Value Total Card Land Units: 0.00 AC Parcel Total Land Area:1121.06 AC 1Total Land Value: 0 Property Location:62 IIIGHBANK RD MAP ID:80/117/// Bldg Name: State Use:9310 Vision ID:10210 __Acco_unt#10210 Bldg#: 1 of 2 Sec#: 1 of 1 Card 1 of 3 Print Date:04/19/2018 13:08 • CONSTRUCTION DETAIL CONSTRUCTION DETAIL(CONTINUED) - -Element Cd. Ch. Description Element I Cd. Ch. Description Style 38 Country Club Model 94 Comm/Ind Grade 04 Average+10 WDK Stories 1 Occupancy 1 MIXED USE BAS 12 Exterior Wall I 13 Pre-Fab Wood Code Description _ Percentage 24 FBM 3613 Exterior Wall 25 Vinyl Siding 9310 SELECTMEN IMMPR 100 Roof Stnicture 03 Gable/Ilip 6 11 Roof Cover 03 Asph/F Gls/Cmp Interior Wall I 05 Drywall/Sheet 40 45 Interior Wall 2 06 Cust Wd Panel COST/MARKET VALUATION Interior Floor I 12 Hardwood Adj.Base Rate: )0.18 BAS 24 Interior Floor 14 Carpet 497,692 CRL 15 Heating Fuel 02 Oil Net Other Adj: 7.00 40 PTO Heating Type 04 Forced Air-Due Replace Cost 497,692 5 FOP AYB 1956 PTO 5454 AC Type 03 Central Dep Code G 32 Bldg Use 9030 MUNICPAL M94 Remodel Rating Total Rooms Year Remodeled 10 BAS 30 28 Total Bedrms 00 Dep% 25 37 Total Baths 0 Functional Obslnc 7 27 BAS 27 FOP External Obslnc 3 22 22 16 24 Cost Trend Factor Heat/AC 01 HEAT/AC PKGS Condition 32 10 35 %Complete Frame Type 02 WOOD FRAME Overall%Gond 75 Baths/Plumbing 02 AVERAGE Apprais Val 373,300 Ceiling/Wall 05 SUS-CEIL&WL Dep% 1 Rooms/Pans D2 AVERAGE Dep Ovr Comment . Wall Height 10 Misc Imp Ovr D - Comn Wall 0 Misc Imp Ovr Comment % Cost to Cure Ovr 0 Cost to Cure Ovr Comment OB-OUTBUILDING&YARD ITEMS(L)I XF-BUILDING EXTRA FEATURES(B) 41! Code Description Sub Sub Descript VB Units Unit Price Yr Gde Dp Rt Cnd %Cid Apr Value -.-^ ' : '4,. .... r4' . SGN2 DOUBLE SIDI L 19 35.00 1970) 50 300 Ito"' ' °i+ !}*,#&t PAVI PAVING-ASP' L 41,4011.35 1960 50 27,900 :^`.3..-7 _ FGR2 GARAGE-GO( L 2,764 20.00 1960 50 27,600 Y TNKI TANK-UNDER L 1,000 2.00 1960 50 1,000 * --k` °ryry, L .,,;.� °�� q� SHD2 W/LIGIITS ET L 64 9.00 1970 50 300 `, F� -r - .." r\-.: SHD2 W/LIGIITS ET L 352 9.00 1930 50 1,600 s-,M, --i- - ..• J'''' F - - ..$17 FGRI GARAGE-AVE L 600 16.00 1970 50 4,800 i-y a` - " " ,v ".. mY, r i3I SHDI SHED FRAME L 96 8.00 1975 50 400 -.-'4,174,1; t € x - 4,- n *- • I. a. .) GRND L 18 130,000.001969 70 1,638,000 x1= ' BUILDING SUB AREA SUMMARY SECTION -�, , � Code Description Living Area Gross Area E/j Area Unit Cost Undeprec Value b k ., 'a- —a = , , 4-'; = - a. � -" BAS First Floor 4,19 4,199 4,199 90.18 378,657 CRL Crawl space 600 30 4.51 2,705 ' *s- a- ' i + a+ ! FBM Basement,Finished 1,440 720 45.09 64,928 -_ _ - yt� '=v 7-tv' - ` a,<i FOP Porch,Open,Finished 964 241 2254 21,733 PTO Patio 2,046 307 1353 27,685 - ,. . ' :,;x....«-- -.- -p;-;,..,_mf"":' _:�.., WDK Deck,Wood 144 22 13.78 1,984 .. TAt Gross Lip/Lease Area; 4,199 9,393 5,519 497,692 Property Location:62 HIGIIBANK RD MAP ID:80/117/// Bldg Name: State Use:9310 Vision ID:10210 Account#10210 Bldg#: 1 of 2 Sec#: 1 of 1 Card 1 of 3 Print Date:04/19/2018 13:08 'CURRENT OWNER TOPO. UTILITIES .STRT✓ROAD LOCATION C(/RRENT 4SSESSMENT TOWN OF YARMOUTH 4 Rolling 2 Public Water I aved 2 Suburban Description I Code 'Appraised Value Assessed Value BASS RIVER GOLF COURSE 4 Gas 7 Waterfront EXEMPT 9310 437,900 437,900 815 1146 ROUTE 28 EXhf LAND 9310 3,222,000 3,222,000 YARAMOUTIf,AIA 6 Septic EXEMPT 9310 1,803,300 1,803,300 SOUTH YARMOUTH,MA 02664-4463 -SUPPLEMENTAL DATA - - Additional Owners: Other ID: 61/J002/// VOTE MISC 240 VOTE DATE CHANGES - PRIVATE R( BETTERMENT VISION PLAN NUMBEI409A-409 ZIP CODE 2664 GIS ID: M_310196_825819 ASSOC PID# Total 5,463,200 5,463,200 RECORD OF OWNERSHIP BK-1O/IPAGE SALE DATE q/u v/i SALE PRICE V.0 PREVIOUS ASSESSMENTS(HISTORY) TOWN OF YARMOUTH 843/417 06/03/1953 I Yr. Code Assessed Value Yr. Code Assessed Value Yr. Code Assessed Value TOWN OF YARMOUTH I 0 2018 9310 437,9002017'9310 437,9002016 9310 427,400 2018 9310 3,222,0002017 9310 3,222,0002016 9310 2,964,200 2018 9310 1,803,3002017 9310 1,803,3002016 9310 1,803,300 Total: 5,463,200 Total: 5,463,200 Total: 5,194.900 EXEMPTIONS OTHER ASSESSMENTS This signature acknowledges a visit by a Data Collector or Assessor Year Type Description Amount Code Description Number Amount Comm.Int. APPRAISED VALUE SUMMARY TotalAppraised Bldg.Value(Card) 373,300 ASSESSING NEIGHBORHOOD Appraised XF(B)Value(Bldg) 3,400 NBHD/SUB NBIID Name Street Index Name Tracing Batch Appraised O8(L)Value(Bldg) 1,701,900 0050/A Appraised Land Value(Bldg) 3,222,000 NOTES Special Land Value 0 BASS RIVER GOLF COURSE SFB 20X25=BP 95 Total Appraised Parcel Value 5,463,200 FGR2=MANT BLDG 18-HLE-RE LOCKERROOM Valuation Method: C G-RAT=PAR 72/I00AC COURSE Adjustment: 0 SANDBAGGERS PUB LEASES SPACE Net Total Appraised Parcel Value 5,463,200 BUILDING PERMIT RECORD VISIT/CHANGE HISTORY - Permit ID Issue Date Type Description Amount L Insp,Date %Comp. Date Comp. Comments Date . Type IS ID Cd. Purpose/Result 16-004052 01/14/2016 CM Commercial 70,000 0 renovate kitchen,removt03/02/2016 KN BP Building Permit 15-003964 01/26/2015 CM Commercial 25,000 03/02/2016 100 (508-294-2415) construe 07/06/2015 DM 54 Field Review 15-003345 12/16/2014 MS Misc 600 03/02/2016 100 install sono tubes(508-2SO4/2512014 GM 00 Measur+Listed 11-704 11/29/2010 AL Alterations 1,500 04/25/2014 100 REMOVE AND REPLA 01/01/2014 01 1 BH CY CYCLICAL 2014 11-555 10/27/2010 AL Alterations 200 04/25/2014 100 SILL REPLACEMENT 04/29/2010 AL BP Building Permit 11-545 10/26/2010 AL Alterations 1,200 04/25/2014 100 RESIDING,1 REPLACI 10-1333 05/18/2010 MS Misc 15,000 04/25/2014 100 ERECT PATIO AWNIN - - LAND LINE VALUATION SECTION B Use Use Unit Acre ST. SAdj # Code Description Zone D Front Depth_ Units Price 1.Factor S.A. Disc C.Factor Idx Adj. Notes-Ad/ Special Pricing Fact Adj.Unit Price Land Value 1 9310 SELECTMEN IMPR F 40,000 SF 2.48 1.0000 5 1.0000 1.00 0050 1.25 LOC WF4 4.00 12.40 496,000 1 9310 SELECTMEN IMPR F 108.14 AC 20,000.00 1.0000 5 1.0000 1.00 0050 1.25 - 1.00 25,000.00 2,703,500 1 9310 SELECTMEN IMPR F 12.00 AC 1,500.00 1.0000 0 1.0000 1.00 0050 1.25 MARSH 1.00 1,875.00 22,500 Total Card Land Units:I 121.06 AC Parcel Total Land Area:1121.06 AC ITotal Land Value: 3,222,000 YARMOUTH BOARD OF APPEALS ABUTTERS LIST Petition# r741 I Name - hi I, óiucce Filing Datev9/fHearing Date: v 7E.l'� all Property Location:( t ,dy 7/9W<, Notices must be sent to the petitioner(applicant), abutters,and owners of land directly opposite on any public or private street or way, and abutters to the abutters (only within 300 feet of the property line)of the petitioner as they appear on the most recent applicable tax list. Provide only the abutters map and lot number . Postage charges for all applications will be determined by multiplying the number of abutters (and the parcel (s)in question) times .560 which is the current cost for the two required mailings. Add that to the application fee and include your check with the application. Map Lot Number Map Lot Number Number Number Applicant# 177 Abutters #'s ` _ 4e I 2 Labels-1 Hard Copy Assessors Field Card with photo Andy Machado, Director of Assessing 70/ 38/ / / 70/ 64/ / / 70/ 80/ / / BYSTOCK MORTON L TRS DEWITT CHARLOTTE 1 HARO NANCY TR BYSTOCK BETTY N 14 GEORGETOWN LANDING THE NANCY HARO 2013 TRUST 27 CHERUB LN SOUTH YARMOUTH,MA 02664 148 ESMEYER DR SOUTH YARMOUTH,MA 02664-3115 SAN RAFAEL,CA 94903 70/ 39/ / / 70/ 65/ / / 80/ 73/ / / FITZGERALD DANIEL C TRACY JOANMARIE TR LIBRANDI SIBYL FITZGERALD PATRICIA A THE NEW FRANCY TRUST LIBRANDI BRIAN 31 CHERUB LN 90 ALTHEA DR 46 WAVEY WILLOW LANE SOUTH YARMOUTH,MA 02664 YARMOUTH PORT,MA 02675 MONTGOMERY,NY 12549 70/ 56/ / / 70/ 66/ / / 80/ 74/ / / MIRISOLA THOMAS E FERRARI JOAN L TRS TEIXEIRA LUIZ F 45 HIGHBANK FERRARI CHARLES A TRS 32 SHERIDAN RD SOUTH YARMOUTH,MA 02664 12 QUARRY HILL RD SOUTH YARMOUTH,MA 02664 WESTFORD,MA 01886 70/ 57/ / / 70/ 67/ / / 80/ 75/ / / TOSTI AUGUSTINO COWGILL KENNETH F TRS TIERNO LAURA K TOSTI LILLIAN R COWGILL LO-LENE M TRS 36 SHERIDAN RD P 0 BOX 274 21 GEORGETOWN LANDING SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664-0274 SOUTH YARMOUTH,MA 02664 70/ 58/ / / 70/ 68/ / / 80/ 76/ / / LOTTI MICHAEL GUMPRIGHT GARY M TRS FULLER ROBERT D TRS LOTTI KERRY L GUMPRIGHT CYNTHIA TRS FULLER JOYCE M TRS 57 HIGH BANK RD 8 ORCHARD DR 5540 E NAPOLEON AVE SOUTH YARMOUTH,MA 02664-3129 PEMBROKE,MA 02359 OAK PARK,CA 91377 70/ 59/ / / 70/ 69/ / / 80/ 77/ / / ROY RAYMOND C TOLMAN LINDA R MURGO PAULA JEAN 63 HIGHBANK RD 11 GEORGETOWN LANDING 161 GREEN ST SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664 SHREWSBURY,MA 01545 70/ 60/ / / 70/ 70/ / / 80/ 78/ / / TOWN OF YARMOUTH STONE KRISTIN M GERRISH PETER T TRS CEMETARY DEPT 7 GEORGETOWN LANDING GERRISH MARY T TRS 1146 ROUTE 28 SOUTH YARMOUTH,MA 02664 74 DUDLEY RD SOUTH YARMOUTH,MA 02664-4463 BILLERICA,MA 01821 70/ 61/ / / 70/ 71/ / / 80/ 79/ / / CROSS BRADFORD E BURKE GLENROY JORVELUS JEREMY CROSS DEBBI D C/O MCBEAN-BURKE PAULETTE JECROIS BERMANN 2 GEORGETOWN LANDING 46 HIGHBANK RD 5 GREAT WESTERN RD SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664 SOUTH DENNIS,MA 02660 70/ 62/ / / 70/ 78/ / / 80/ 100/ / / GRECO PHILIP S PELLEGRINI JOHN L CHOUINARD DEAN GRECO MARSHA E 15 RIVER DR CHOUINARD KRISTEN 101 HILLSIDE AVE SOUTH YARMOUTH,MA 02664 134 YANKEE PEDDLER DR HOLYOKE,MA 01040-1840 SOMERSET,MA 02726 70/ 63/ / / 70/ 79/ / / 80/ 101/ / / ANDREADIS THEODORE GEORGE TROUP ROBERT L TRS ELGART BRAD MCMANUS MARGARET TROUP BARBARA J TRS CARLSON JANET 306 GREENBRIAR DR 20 RIVER DR 17 MOREY DR CHESHIRE,CT 06410 SOUTH YARMOUTH,MA 02664 ASHLAND,MA 01721 80/ 102/ / / 80/ 112/ / / 80/ 125/ / / LUNDEGREN SCOTT] SLATTERY LISA C GNONG EDWARD F TRS LUNDEGREN STEPHANIE 8 COUNTRY CLUB DR GNONG FRANCES S 15 ST ANDREWS WAY SOUTH YARMOUTH,MA 02664-2021 97 HIGHBANK RD SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664 80/ 103/ / / 80/ 113/ / / 80/ 126/ / / NEWBOLD JOHN B BALDWIN SARAH J HIBBARD WILLIAM L NEWBOLD JEAN B 109 LOWELL AVE II QUAKER VILLAGE LN 21 ST ANDREWS WAY NEWTON,MA 02460 EAST SANDWICH,MA 02537 SOUTH YARMOUTH,MA 02664 80/ 104/ / / 80/ 114/ / / 80/ 127/ / / BALBONI VICKI L DEMIRANDA IVAN C SAKOLSKY-HOOPES GABRIELLE E 27 SAINT ANDREWS WAY DEMIRANDA GLEICE M 113 HIGH BANK RD SOUTH YARMOUTH,MA 02664-2048 185 HIGH BANK RD SOUTH YARMOUTH,MA 02664-3131 SOUTH YARMOUTH,MA 02664 80/ 105/ / / 80/ 115/ / / 80/ 128/ / / HIGHBANK PROPERTIES INC BURKE JOHN 1 HALL JEFFREY A C/O BLACK ALEX BURKE ROSANNA M HALL KATHRYN E 141 HIGHBANK RD 102 HIGH BANK RD 119 HIGHBANK RD SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664-3134 SOUTH YARMOUTH,MA 02664 80/ 106/ / / 80/ 116/ / / 80/ 129/ / / HIGHBANK PROPERTIES INC MEE JOHN T MURPHY DAVID H C/O BLACK ALEX 98 HIGHBANK ROAD MURPHY CYNTHIA M 141 HIGHBANK RD SOUTH YARMOUTH,MA 02664 25 SHERIDAN ROAD SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664 80/ 107/ / / 80/ 117/ / / 80/ 131/ / / CARPENTER GORDON A TOWN OF YARMOUTH STARACE LESLIE W CARPENTER DIANA T BASS RIVER GOLF COURSE STARACE WANDA L 481 BUCK ISLAND RD UNIT 3B 1146 ROUTE 28 172A N MAIN ST WEST YARMOUTH,MA 02673 SOUTH YARMOUTH,MA 02664-4463 SOUTH YARMOUTH,MA 02664-3120 80/ 108/ / / - 80/ 118/ / / 80/ 121.1/ / / PETREL HOLDINGS LLC BURNS VINCENT B TRS POWER BOBBI-JEAN IDA WEST DOVER ST BURNS VINITA M TRS 16 CHERUB LN NANTUCKET,MA 02554-3930 11623 OLD CYPRESS CV SOUTH YARMOUTH,MA 02664 PARRISH,FL 34219 80/ 109/ / / 80/ 119/ / / 80/ 123 1/ / / TAUPIER JOHN H(LIFE EST) TROTT THOMAS M SR CASH JAYNE T SYKES JOANNE RMNDR TROTT SUSAN 87 HIGHBANK RD 159 HIGHBANK RD 8 LINDON LN SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664 80/ 110/ / / 80/ 120/ / / 81/ I/ / / LICARI CARMEN A MORELLO PAUL 1 TR COLGAN DORIS LICARI RHONDA R MORELLO PAUL J REV TRUST 19 HERRING RUN RD 43 AVERILL ST 30 HISGEN RD SOUTH YARMOUTH,MA 02664 SAINT JOHNSVILLE,NY 13452-1132 HOLLAND,MA 01521 80/ 111/ / / 80/ 122/ / / 81/ 2/ / / TOOMEY RICHARD F TROTT THOMAS NOLAN MARY T TR TOOMEY JEAN J 8 LINDON LN BARRA REALTY TRUST 1 COUNTRY CLUB DR SOUTH YARMOUTH,MA 02664-3138 48 TEE WAY SOUTH YARMOUTH,MA 02664-2020 SOUTH YARMOUTH,MA 02664 81/ 3/ / / 81/ 13/ / / 81/ 66/ / / XU JUNQING HOBEN ROBERT E JR WYCKOFF KAROL B TR YU HONG HOBEN PATRICIA C KAROL B WYCKOFF REVOCABLE TRUST 26 BUCKHILL RD 104 HUNNEWELL ST 30 FAIRWAY RD NORTHBOROUGH,MA 01532 NEEDHAM HEIGHTS,MA 02494 SOUTH YARMOUTH,MA 02664-2305 81/ 4/ / / 81/ 14/ / / 81/ 67/ / / LAVELLE ARLENE L TR RYAN MARK S ESSWEIN KAREN C ARLENE L LAVELLE TRUST RYAN KAREN D P 0 BOX 1492 38 TEE WAY 49 SALT BOX RD SOUTH DENNIS,MA 02660 SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664 81/ 5/ / / 81/ 15/ / / 81/ 68/ / / YARMOUTH CONSERVATION TRUST ORMON CATHY A TRS ENGLISH EDWARD R TRS P 0 BOX 376 ORMON RICHARD S TRS WOOD MARY MARIE TRS YARMOUTH PORT,MA 02675 41 SALT BOX RD 40 FAIRWAY RD SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664 81/ 6/ / / 81/ 28/ / / 81/ 69/ / / LICHMAN JOHN G JR LANG ANNE A TR SALT BOX ASSOC INC O'DEA LEANN M THE ANNE A LANG TRUST P 0 BOX 553 22 TEE WAY I I OYSTER COVE RD SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664 81/ 7/ / / 81/ 29/ / / 81/ 70/ / / LOMUSCIO NICKOLAS LAMPMAN JON N CO-TRS HEWITF DIANE IC TR COHEN TAMMY LYNN LAMPMAN JANET A CO-TRS BEETEM NOMINEE TRUST 16 TEE WAY 2083 PIERCE CT 700 LONGLEY RD SOUTH YARMOUTH,MA 02664 EL CAJON,CA 92019 GROTON,MA 01450 81/ 8/ / / 81/ 30/ / / 81/ 71/ / / RUBIN BARTHOLOMEW M GROPMAN RICHARD HODGIN ALBERT R RUBIN LOTTE GROPMAN MAUREEN C 11 PHILLIP AVE 8 TEE WAY 2 HIGH GROVE ROAD BURLINGTON,MA 01803.1131 SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664 81/ 9/ / / 81/ 59/ / / 81/ 72/ / / FOUR TEE WAY LLC YARMOUTH CONSERVATION TRUST MAGRI STEVEN E 271 CHANNING RD C/O ANNE W BLIZARD TRS MAGRI KAREN M BELMONT,MA 02478 P 0 BOX 376 1 IA RAYMOND MARCHETTI ST YARMOUTH PORT,MA 02675-0376 ASHLAND,MA 01721 81/ 10/ / / 81/ 60/ / / 81/ 73/ / / GARVEY RICHARD SALT BOX ASSOC INC KEARNEY LINDA M TRS CAMERON THAYNE L P 0 BOX 553 KEARNEY MICHAEL K 48 PURCHASE ST SOUTH YARMOUTH,MA 02664 19 FAIRWAY RD MILFORD,MA 01757 SOUTH YARMOUTH,MA 02664 81/ 11/ / / 81/ 64/ / / 81/ 74/ / / BONASIA MICHAEL AGHABABIAN ANN MOORE THOMAS W BONASIA LYNNE M 215 SAND TRAP CT MOORE EILEEN A 29 TEE WAY NORTHBRIDGE,MA 01534 5 MOUNTAIN SIDE SOUTH YARMOUTH,MA 02664-2328 TOLLAND,CF 06084-2928 81/ 12/ / / 81/ 65/ / / 81/ 75/ / / RUBIN BARTHOLOMEW M BRAGDON ALLEN C ROGERS MARY E RUBIN LOTTE 24 FAIRWAY RD 11 FAIRWAY RD 8 TEE WAY SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664 81/ 78/ / / 90/ 53/ / / 91/ 2/ / / GRECO ROSALIND A BANK OF NY MELLON TRUST CO CAPOBIANCO RICHARD F TR 226 STONY MILL LN C/O OCWEN LOAN SERV LLC RICHARD F CAPOBIANCO TRUST EAST BERLIN,CT 06023 1661 WORTHINGTON RD STE 100 227 HIGHBANK RD WEST PALM BEACH,FL 33409 SOUTH YARMOUTH,MA 02664 81/ 79/ / / 90/ 54/ / / 91/ 3/ / / RUBIN BART BUCHELT MARGARET A DEJOIE REVOCABLE TRUST RUBIN LOTTIE C/O KNIGHT SHEILA A II FAIRWOOD RD 8 TEE WAY 14 TERN RD SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664 81/ 80/ / / 90/ 55/ / / 91/ 106/ / / SEQUIN ROBERTS MINICHIELLO LEEANN SULLIVAN KELLY A SEQUIN STEPHANIE J 197 HIGHBANK ROAD 1 OUT OF BOUNDS DR 18 HERRING RUN RD SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664 81/ 81/ / / 90/ 56/ / / 91/ 107/ / / MYATT ROBERT LEONARD HARTRANFT EDWIN A TR REYNOLDS THOMAS E MYATT SANDRA JO E A H NOMINEE TRUST REYNOLDS GRACE M 8 ERIC RD 224 MID PINE DR 7 OUT OF BOUNDS DR NORFOLK,MA 02056 YARMOUTH PORT,MA 02675-1642 SOUTH YARMOUTH,MA 02664-2040 81/ 17.1/ / / 90/ 57/ / / 91/ 109/ / / TEGLAS JANE B TRS ACHEE JEFFREY D SULLIVAN IDA MAE C/O TEGLAS RUSSELL ACHEE LISA SULLIVAN JOSEPH R 88 PARK AVE APT 301 31 KNOLLWOOD DR 5170 WASHINGTON ST UNIT 307 ARLINGTON,MA 02476 NEW HARTFORD,CT 06057 WEST ROXBURY,MA 02132 81/ 62.1/ / / 90/ 58/ / / 91/ 110/ / / LAPLANTE WILLIAM.1 JR SWANSON DARRYL J TRS MURRAY WILLIAM T TR LAPLANTE ANDREA SUSAN LALUMIERE DONNA 1 THE WM T MURRAY FAMILY TRUST 5 BRIDLE PATH 1 GREEN WAY II HOLE IN ONE DR PLAINVILLE,MA 02762 SOUTH YARMOUTH,MA 02664-2027 SOUTH YARMOUTH,MA 02664 90/ 45/ / / 90/ 59/ / / 91/ 119/ / / LYNCH ROBERT MESMER NANCY F TR COTTER WITHERED N LYNCH LORRAINE C/O CONROY PAUL D 10 FAIRWOOD RD 77 RYDER RD 5 HATHAWAY CIR SOUTH YARMOUTH,MA 02664 HARWICH,MA 02645 ARLINGTON,MA 02476 90/ 46/ / / 90/ 60/ / / 91/ 120/ / / JACKSTADT KRIS T HIGGINS MARY JEAN DIXON SHARON KINGMAN(LIFE EST) JACKSTADT MARY E 38 TUNXIS CIR 235 HIGHBANK RD 201 FOX DEN CIR MERIDEN,CT 06450 SOUTH YARMOUTH,MA 02664 NAPLES,FL 34104 90/ 47/ / / 90/ 107/ / / 91/ 121/ / / RUSSO JOSEPH DUCHARME STEPHEN M DAVIS JAMES R 11 LANTERN LN DUCHARME PAULA M DAVIS ELIZABETH 1 WEST ROXBURY,MA 02132 40 DOUGLAS RD 243 HIGHBANK RD SUTTON,MA 01590 SOUTH YARMOUTH,MA 02664-2312 90/ 48/ / / 91/ 1/ / / 91/ 122/ / / CARON MARIE E CARPENTER ANNA M TR VALERIO FABIO 15 TERN RD THE CARPENTER FAMILTY TRUST WHITE SARA SOUTH YARMOUTH,MA 02664-2051 8 GREEN WAY 13 PINECREST DR SOUTH YARMOUTH,MA 02664-2028 FORESTDALE,MA 02644 91/ 211/ / / ARGYRIADIS ANGELO ARGYRIADIS ANGELA Please use this signature to certify this list of properties P 0 BOX 1285 DENNIS PORT,MA 02639-1285 abutting within 300' of the parcel located at: 62 Highbank Rd., South Yarmouth, MA 02664 91/ 212/ / / Assessors Map 80, Lot 117 FITZMAURICE SHAWN P TR ,A ezed. �B FITZMAURICE FAMILY TRUST 9 COVE VIEW DR Andy Mach o, Director of Assessing SOUTH YARMOUTH,MA 02664 91/ 213/ / / COSTA ANTONIO P COSTA ROBIN M 3 COVE VIEW DR SOUTH YARMOUTH,MA 02664 91/ 214/ / / ARGYRIADIS GEORGE ARGYRIADIS DIMITRA P O BOX 1285 DENNIS PORT,MA 02639-5285 91/ 215/ / / ANTONELLIS RICHARD W ANTONELLIS JOSEPHINE H 209 MORSE RD SUDBURY,MA 01776 91/ 216/ / / KENNEDY REGINA G 18 COVEVIEW DR SOUTH YARMOUTH,MA 02664-2344 91/ 223/ / / MERITUS JEAN E MERITUS MARIE VERLINE 258 HIGHBANK RD SOUTH YARMOUTH,MA 02664 91/ 224/ / / WILLIAMS JEFFREY H RAFFERTY MARJORIE 252 HIGHBANK ROAD SOUTH YARMOUTH,MA 02664 44) Vs 136.22 ` \ ce r. ` 1 . • ,..ft,:A:•"Nr-.4 , sr. y, Q . b- `% / `%, dt e , � r = 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C I. o ` lin s ttia•i 4 . - q' larµ.:- [ r •.f. .` ` �"PtIWti,E,;1KIL •sS t rr. .. . • F 80:11,i, ;11.. \ d 7 5 r • g' tea. ac+ � :s ,, i= 1 i 131, , - sRpV —' a'`,X�` M. _y3• rile d 4111 in y err—, .. rt -L�S^Sf- � .!: 8.:-•'.—..- v .p,a" ,.a ti� 40-•. - .! ' `__-„ Dennis \Oti, .uLYestDennis r .- i 7� �r t k• , ,; ? . ' ,�� •� j o R d d'iA o• \ � » r 62 HIGHBANK RD SOUTH YARMOUTH, MA 02664 ” et 1 inch = 4724 feet w %'E s Data and scale shown on this map are provided for planning and informational purposes only.YARMOUTH (MA) and Vision Government Solutions are not responsible for any use for other purposes or misuse or misrepresentation of this Information. 4/12/2018 01.stilt? .„& t TOWN OF YARMOUTH iti C BOARD OF APPEALS tta.` T$ DECISION FILED WITH TOWN CLERK: May 25,2017 PETITION NO: #4691 HEARING DATE: May 11,2017 PETITIONER: Rourke's Top of the Cove, LLC d/b/a The Loft Restaurant& Bar @ The Cove Resort PROPERTY: 183 Route 28,West Yarmouth,MA Map & Lot#: 0037.724; Zoning District: B2 Book/Page: 4151/041 MEMBERS PRESENT AND VOTING: Steven DeYoung,Chairman, Sean Igoe,Dick Martin and Thomas Nickinello. Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Register,the hearing opened and held on the date stated above. The Petitioner, Rourke's Top Of The Cove, LLC d/b/a The Loft Restaurant and Bar, seeks a Special Permit in connection with property located and known as "The Cove", 183 Route 28, West Yarmouth, MA. The property is in a B2 Zoning District and the Petition seeks to allow outdoor entertainment at the recently renovated pool/tennis area. The Petitioner will operate a small outdoor café adjacent to the pool area of the facility. The café will have limited hours of operation and the anticipated entertainment will consist of 2-3 entertainers with appropriate pool side music consistent with the overall family nature of the resort. Citing the long history of the well-run Cove Resort, the Board members all felt it was a natural idea to blend music to the pool atmosphere. Desiring to keep it appropriate for the location, the Board felt certain conditions would be appropriate to any grant of relief sought. The Board found the relief could be granted without creating any undue hazard,nuisance or congestion nor cause any substantial hardship to the existing or future character of the neighborhood or Town. 1 Mr. Martin moved and Mr. Nickinello seconded a Motion to approve the relief sought by the Petition on the following conditions: 1. The outdoor entertainment occur only between May 1 and October 315`of each year; 2. That any amplification be provided by the musicians only; 3. That there be no more than three (3)musicians at any one time; 4. That the outdoor entertainment occur only between the hours of 4:00 p.m.—9:00 p.m. On this Motion, with conditions, the Board voted unanimously in favor and the relief was, therefore, granted. No permit shall issue until 20 days from the filing of this decision with the Town Clerk This decision must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. 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,the Special Permit shall lapse if a substantial use thereof has not begun within 24 months.(See bylaw,MGL c40A §9) Steven DeYoung, Chairman 2 Clark, Sandi From: Murphy, Bruce Sent: Wednesday,April 25, 2018 11:57 AM To: Armstrong, Pat Grylls, Mark;Greene, Karen; Knapik, Daniel;Armentrout,Jim; Frederickson, Frank;Simonian, Philip; Senteio, Eduard Cc: Director(Director©YARMOUTHCAPECOD.COM);Clark, Sandi Subject RE:Golf Needs Music ay the Bass River Grille Hi Pat Do you have an existing and proposed seating floor plan (inside and outside)that you could forward,that includes the entertainment area? (you are probably submitting this plan to BOA) The indoor and outdoor area must be all non-smoking. Thanks Bruce G. Murphy Director of Health Town of Yarmouth Registered Sanitarian Certified Health Officer Master's Degree Public Health From: Armstrong, Pat Sent: Wednesday, April 25, 2018 10:47 AM To: Grylls, Mark; Greene, Karen; Knapik, Daniel; Armentrout,Jim; Murphy, Bruce; Frederickson, Frank; Simonian, Philip; Senteio, Eduard Cc: Director(Director@YARMOUTHCAPECOD.COM); Clark, Sandi Subject: Golf Needs Music ay the Bass River Grille The Yarmouth Golf Division will be going before the Zoning Board of Appeals on Thursday, May 10th at 6pm to expand our entertainment license to allow for outdoor amplified music until 9pm on a seasonal basis. We expect this will be a heavy lift but we want to utilize our resources to their maximum potential and music on the deck during the season is just a basic need to make the restaurant successful. Here are the parameters we are hoping to be approved; 1. The outdoor entertainment occur only between May 1 and October 31st of each year, 2. That any amplification be provided by the musicians only; 3. That there be no more than three(3) musicians at any one time; 4. That the outdoor entertainment occur only between the hours of 4:00 p.m.—9:00 p.m. The Petitioner will operate a restaurant on site that includes outdoor seating for up to 112. Presently the seating is limited to 75 based o layout and amenities. The restaurant will have limited hours of operation and the anticipated entertainment will consist of 2-3 entertainers with appropriate mood music consistent with the overall family nature of the town-operated facility. Now we need your help. Letters of support from you individually, and any pertinent committees you assist,would be greatly appreciated. The support of the Town Boards and Committees would go a long way in helping the ZBA find it in their judgement to grant this petition. Sandy is creating the packet for this meeting this week. PLEASE PLEASE PLEASE 1 take a few minutes and write a letter of support for this request and get it back to me by May 7th at noon . We need to pull out all of the stops in order to get Golf on track. Best regards, Patricia M.Armstrong Director of Community Services 424 Route 28 West Yarmouth, MA 02673 (508) 398-2231 Ext 1525 (508)790-9152 (Fax) (774)521-0162 (Cell) parmstrong@yarmouth.ma.us • 2 Clark, Sandi From: Clark, Sandi Sent: Wednesday,April 25, 2018 11:12 AM To: Armstrong, Pat Subject: ZBA Hearing 5-10-18 Attachments: Bass River Golf.pdf Hi Pat, I have copied the Applications and accompanying documents from past hearings with regard to entertainment before the ZBA and also the current one scheduled for May 10, 2018 . The Board has continued a hearing from April 12th to May 10. I will check with the Chairman on how he wishes to set the schedule. For your May 10th hearing,starting with the Application through the property map,are what has been filed by Jim for the Boards packets. I have added your e-mail dated 4-25-18 and a copy of the Loft Decision. If you wish to add other documents please let me know. Correspondence needs to be received by May 7th @ noon. If you need any assistance, please let me know. -Sandi 1 RECEIVED VIA E-MAIL Clark, Sandi ¢_�, /fq From: Armstrong, Pat Sent Wednesday,April 25, 2018 10:47 AM To: Grylls, Mark;Greene, Karen; Knapik, Daniel;Armentrout,Jim; Murphy, Bruce; Frederickson, Frank;Simonian, Philip; Senteio, Eduard Cc: Director(Director@YARMOUTHCAPECOD.COM);Clark,Sandi Subject: Golf Needs Music ay the Bass River Grille The Yarmouth Golf Division will be going before the Zoning Board of Appeals on Thursday, May 10th at 6pm to expand our entertainment license to allow for outdoor amplified music until 9pm on a seasonal basis. We expect this will be a heavy lift but we want to utilize our resources to their maximum potential and music on the deck during the season is just a basic need to make the restaurant successful. Here are the parameters we are hoping to be approved; 1. The outdoor entertainment occur only between May 1 and October 3151 of each year; 2. That any amplification be provided by the musicians only; 3. That there be no more than three(3)musicians at any one time; 4. That the outdoor entertainment occur only between the hours of 4:00 p.m.—9:00 p.m. The Petitioner will operate a restaurant on site that includes outdoor seating for up to 112. Presently the seating is limited to 75 based o layout and amenities. The restaurant will have limited hours of operation and the anticipated entertainment will consist of 2-3 entertainers with appropriate mood music consistent with the overall family nature of the town-operated facility. Now we need your help. Letters of support from you individually, and any pertinent committees you assist,would be greatly appreciated. The support of the Town Boards and Committees would go a long way in helping the ZBA find it in their judgement to grant this petition. Sandy is creating the packet for this meeting this week. PLEASE PLEASE PLEASE take a few minutes and write a letter of support for this request and get it back to me by May 7th at noon . We need to pull out all of the stops in order to get Golf on track. Best regards, Patricia M.Armstrong Director of Community Services 424 Route 28 West Yarmouth, MA 02673 (508) 398-2231 Ext 1525 (508)790-9152 (Fax) (774) 521-0162 (Cell) parmstrong@yarmouth.ma.us 1 Chamber of RECEIVED ECEIVE D Yarmouth Cape Cod A, MAY 2 2018 Within Reach Reach -seit YARMOUTH BOARD OF APPEALS • April 30, 2018 To Members of the Yarmouth Board of Appeals: The Yarmouth Chamber of Commerce is writing this letter to support the request from the Yarmouth Golf Division to expand the current entertainment license to allow amplified music on a seasonal basis from May 1St through October 31St until 9 PM at the Bass River Grille. The Bass River Grille is an asset to the Town of Yarmouth and is the perfect location to provide outdoor entertainment on the deck overlooking the beautiful scenic view of Bass River. The Yarmouth Chamber of Commerce feels confident that by providing outdoor entertainment,this will increase the number of patrons at the restaurant from the members of the golf course, Yarmouth residents and tourists. This in turn will increase sales for the restaurant and possibly generate new members for the Bass River Golf Course. The request from the Yarmouth Golf Division is thoughtful in allowing 2-3 musicians so that the noise will be limited and yet provide an enjoyable atmosphere for the customers of the restaurant.We encourage you to approve the request and thank you in advance for your consideration. Sincerely, Mary Vilbon Executive Director P.0 Box 479 South Yarmouth,Massachusetts 02664—www.yarmouthcapecod.com (5o8) 7'78-10o8—(508)T78-5tt4fax—director@yarmouthcapecod.com . r- o TOWN OF YARMOUTH C Department of O - ta7a H Community �' m„.„e��. r4 1146 ROUTE 28,SOUTH YARMOUTH,MASSACHUSETTS 026644492 Development tee_ Telephone(508)398-2231,Ext. 1277,Fax(508)398-2365 To: Yarmouth Zoning Board of Apyids From: Peter Q. Smith, Chairman /re--.4S 9 Yarmouth Community and 'is Deve opment Committee Date: 2 May 2018 Re: Support for Yarmouth Golf Division's Request to Expand the Entertainment License at the Bass River Grill In advance of the Special Alcohol and Entertainment License hearing on the request by the Yarmouth Golf Division, please accept this letter of support. At its 2 May 2018 meeting, the Community and Economic Development Committee (CEDC) discussed the community and economic impact of the Golf Division's request to the Zoning Board of Appeals to expand the entertainment license at the Bass River Grill to include amplified music on a seasonal basis. The Committee assesses that enhancing the Bass River Golf Course as a destination for tourists and residents alike has the potential to improve the sustainability of the Golf Division and to provide positive economic and community benefit to the Town. The Committee finds the request consistent with existing relief at other properties and reasonable in terms of the dates of applicability,hours of activity,and sound amplification constraints and provides its support of the conditions provided in the Golf Division's request to the Zoning Board of Appeals,which include: • The outdoor entertainment occur only between May 1 and October 31 of each year. • That any amplification be provided by the musicians only. • That there be no more than three(3)musicians at any one time. • That the outdoor entertainment occur only between the hours of 4:00 pm-9:00 pm. Thank you for your consideration. RECEIVED MAY 42018 YARMOUTH BOARD OF APPEALS r tr RECEIVED Clark, Sandi VIA E-MAIL From: Robert Troup <lee.troup@gmail.com> Sent: Monday, May 7, 2018 11:40 AM To: Clark,Sandi Cc: Barbara Troup; Nancy Haro Subject: Petition 4741 Town of Yarmouth Board of Appeals Sandi, Thank you for speaking with us on Friday regarding Petition 4741. Bellow is a letter we wish to submit to the Yarmouth Board of Appeals. Re: Petition 4741 We live at 20 River Dr., South Yarmouth, the second house south of the Bass River Golf Course. We have lived here for 9 years and Barbara's family has lived at 16 River Dr. since 1963. As abutters we have been informed that the Town of Yarmouth d/b/a Bass River Golf Course is petitioning to modify conditions#1, 2 & 3 of Decision 4426& in the alternative a Variance from 202.5 (N3) to allow for expanded entertainment. We will be unable to attend the Meeting of the Town of Yarmouth Board of Appeals on May 10, 2018 since we have a previous commitment to travel out of town. We strongly oppose allowing a Variance for expanded entertainment. In the summer of 2009 we were repeatedly exposed to a loud music emanating from the deck of the restaurant at the Golf Course. The music traveled very well over the water and might as well have come from speakers set up in our back yard. We were unable to get anyone at the Golf Course to respond to our complaints. Fortunately the Board of Appeals enacted conditions#1, 2 & 3 of Decision 4426 and the Golf Course has been a good neighbor since that time. We do not believe it is appropriate to allow music to leave the confines of a building where it is played or performed. Sundancers, Summer Shanty, O'Shea's and other establishments play loud music inside but the sound is well confined. Many people enjoy the River in the summer beside visitors to the Bass River Grill, including owners of property on the river, power boaters, kayakers, paddle boarders, fishermen, visitors to various parks and landings, as well as golfers. Loud music unconfined to the building does not seem consistent with the goals of the various people who wish to enjoy the peace and tranquility of the River. Based on discussions at the Annual Town Meeting and summarized in the Cape Cod Times we are aware that the Golf Course has financial problems and various suggestions have been proposed to improve their finances. One of the suggestions was to improve the restaurant, the Grill at Bass River. The restaurant has one of the best views on the Cape and we look forward to eating there again if quality and service can be brought back to the level the level that we experienced a few years age. However, none of the suggestions mentioned expanded entertainment. According to the Agenda of the Golf Enterprise Committee meeting on 04/23/2018 an Overview of Restaurant Vision was to be discussed. As yet we have not found the minutes of that meeting on the Yarmouth website so we don't know if expanded entertainment is a part of the vision made known to the public. t We believe that allowing expanded entertainment will cause a public nuisance as it did before. The Yarmouth noise ordinance does not seem sufficient to regulate the kind of expanded entertainment we expect from the Golf Course but the conditions now in place do a good job. In summary,we believe that expanded entertainment is inconsistent with the public good and that a variance should not be granted. Robert Lee Troup Barbara J. Troup 20 River Dr. South Yarmouth, MA 02664 CI Far, Virus-free. www.avast.com 2 PETITION 4741 Dear Town of Yarmouth Board of Appeals, I strongly urge you to vote NO to expanded entertainment at Bass River Golf Course. Any type of outdoor music or other entertainment will bring unwelcome noise to our tranquil Bass River area. Noise of any kind is amplified on the river and will negatively affect all who live nearby the golf course and surrounding area. My family has lived on River Drive since 1963.1 graduated from DY Regional High School. The environment adjacent to the golf course is a beautiful unspoiled area filled with wildlife and beauty. There was an attempt in the past to have music on the deck of the clubhouse. My neighbors and I could hear it all,word for word. It was impossible for any of us in the neighborhood to sit out in our yard in the evening and have a conversation. Imagine how you would feel if one of your neighbors played loud music every evening that interfered with enjoying the privacy of your own back yard. I hope you will listen to us and other neighbors adjacent to the Bass River Golf Course and help keep our area peaceful and quiet. Nancy and Robert Haro 16 River Drive -/[Burr /Me e South Yarmouth, MA RECEIVED MAY 8 2018 BOARD YARMOUTH FAPPEALS GE-ow674-4/n 0 Lwe C. 27 H o/Zs(_"�--00t rep Voll /itt 604f D of ff-PPCfLS tcsT De Nr S t o ur al o R yMt Ibu f-I 1-I !4Zoe coo PN �E , MM I ro,/� n rs ( gI`rvt .60-s5 River liken w&s en torvntd © f 1-etc Fcbvve r'e -ereHeed /nee ft ri7 Seektfm odr'r?,C&..f-a't © -f f4e- enter74"4ir/ ri7tr-t7` /?cczsis- �S24 t. knot . had a ccr-fI/Gf end 'could 4e c'tl44Je eilen't 3 Mrre-Corte am wry1/2 vI fits Je7�e`- b Q. k yn l re ve5 . /We. cLCro55 'foe rrvfr %aac 6r�2 a {i,cc ie J toZ �oas-/ eerier 14imetf Sreci�t &t, t n ©/SC Qn4 `«'/r7`co //u7ivrPl, `rhe 5a74/41a32 than ed tins 4een under tenfrol� ��rglf/n fed"- e . ♦ • ec'St ex /A-; to(3. ( The resu /F&^ d o� vnus1c oras rowdy $(•77 in y ye/hr y la/se & tuck Carred at. cvos5 +4a over- 5ome1iryl�`S' /Q4 q+ th1ht CJS Mats rccider eS .S41- // lr ?Lc .41 GIaS -f-t o, CJNCC rL t h recp(e C_ou/d etz foy t/ e(r fir/S tui/'h/c 0.6( Vte. MO/Se Qm p/i1 ca ok ea's/7 of 7` es� . 'bowl* C (-{ fttL'F r✓ t.�/4-�f! i s wo lti // 055 yoo 7'o 571-4cta/ 6y your 14'5/Lcif ecis,ayl. /1Z- (C, i RECEIVED MAY 8 2018 BOARD OE P APPEALS i RECEIVED VIA E-MAIL. 15 Horsefoot Cove Road . 5 8/S West Dennis,MA 02670 May 7, 2018 Dear Members of the Yarmouth Board of Appeals,as well as Selectmen and/or Town Administrators who may have interest in the issues raised by Petition 4741: In response to the Legal Notice on Petition 4741 posted by the Town of Yarmouth to inform citizens of the intention of the Bass River Gold Course to seek modifications of the first three conditions that were placed on entertainment in Decision 4426,it seems the BRGC would like to "expand entertainment"and will appear at a public meeting at the Town Hall on Thursday, May 10,2018 (at 6:00 p.m.) Comments were requested by notice by the Yarmouth Board of Appeals. In response,we remind the Board of Appeals of the negative impact of past actions at the Bass River Golf Course and hope they will prudently safeguard the public from nuisance,noise,and abuses if entertainment were extended. In recent years,the Town of Yarmouth has invested extensive resources in preserving and protecting its areas that are natural treasures.The result of much effort and expenditures was to improve the quality of life of citizens who enjoy living in or visiting the area. These improvements enhanced the town's image. Yet in contrast to such admirable projects,the Bass River Golf Course now attempts to deconstruct thoughtful and well reasoned conditions so well placed to safeguard the public from unnecessary and unlawful noise, and to attempt to deprive the public of peaceful enjoyment of surrounding properties. This BRGC has a snack bar grille: it is not a nightclub, not an arena for pep rallies, not a casino,nor a center for entertainment extravaganzas. And worse,there is recognized history of major abuses relative to noise, outdoor entertainment, and lighting at the Bass River Golf Course in previous years. The town of Yarmouth in good faith acknowledged many of the offenses when the BRGC attempted to expand their business back in 2013. To their credit,due diligence, and wisdom of Board of Appeals Members at that time, conditions were placed on the Golf Course to contain all noise from entertainment to the interior of the restaurant, confined with doors and windows being closed,with no outside amplification of music or entertainment. These are sound conditions that have prevailed, enforced and observed for these many years. Therefore, it would be most imprudent for the Board of Appeals to accept pleas by petition for modification of such positive and protective Conditions at the Golf Course. Why change what works for alternatives that appear unlawful, are clearly harmful to others, are ethically questionable and most inappropriate for the setting? Both Massachusetts' law and the Yarmouth Rules and Local Regulations such as a document entitled, YARMOUTH REGULATIONS CHAPTER 60 YARMOUTH TOWN CODE 60-10 AUTHORITY- and Chapter 138 of the Massachusetts General Laws clearly stated regulations that restrict noise. Section two-ENTERTAINMENT part b. reads: "The licensee must ensure that all noise from the entertainment is confined to the building " Additionally, SECTION SIX- OUTSIDE ALCOHOL SERVICE states the following: "The purpose of these regulations is to ensure that management will control alcoholic beverages, which are served outside of an enclosed premise, and noise and disturbance to the neighborhood of the establishment will be kept to a minimum." Part 3 continues to state, 3. "With outside service, noise is a factor. The applicant may not have outdoor entertainment in the area where alcoholic beverages or any activity is taking place."... and minimize noise from the activity so it will not disturb neighbors." Current Board of Appeals members, may you exercise the same thoughtful and responsible action to uphold conditions prudently placed on the Course rather than succumb to the pleas of Petition. The citizens are hopeful that the conditions,so wise and wonderful,that have maintained the peaceful enjoyment of surrounding properties on the Bass River, will be maintained at the Bass River Golf Course. May the Board continue to serve as prudent and diligent stewards,upholding all conditions for the good of the community and the wider Commonwealth as would be prudent, wise, and consistent with state and local expectations and just government. Sincerely, Gail M. Burke RECEIVED VIA E-MAIL Clark, Sandi % 5- 1:713 From: Mforbes <mforbes94fifty@gmail.com> Sent: Tuesday, May 8, 2018 8:15 PM To: Clark, Sandi Subject: Petition4741 Sandi, my name is Marc Forbes and I own a home at 68 Horsefoot Rd in West Dennis, Ma. My property is directly across the Bass River from the Bass River golf club. I see that they are petitioning for changes and modifications placed upon them by your board regarding entertainment in your decision 4426. l am very hopeful that the board will again remain strong in maintaining the peacefulness of the river community by NOT allowing these changes or modifications to occur. Although Golf in general has experienced its own set of business problems,solving them should not be at the expense of residents or neighbors who live here or have moved here because of bold steps like your board has taken in the past to preserve the quality of life we experience in this Bass River area. I appreciate your time in reading this note and hope that you and your colleagues will again maintain the restrictions on entertainment that are already in place and I thank you for having put them in place. Marc Forbes 68 Horsefoot Rd West Dennis, Ma My phone number is 508-409-1176, My email is Mforbes94fifty@gmail.com Sent from my iPad 1 RECEIVED VIA E-MAIL_ Clark, Sandi From: Pat <husk19@comcast.net> Sent Tuesday, May 8, 2018 9:00 AM To: Clark, Sandi; sdeyoung@yarmouth.ma.us;sigoe@yarmouth.ma.us; dmartin@yarmouth.ma.us;tnickinello@yarmouth.ma.us;ccambell@yarmouth.ma.us; rneitz@yarmouth.ma.us;ggarnick@yarmouth.ma.us;sbrita@yarmouth.ma.us; tbaron@yarmouth.ma.us Subject: Bass River Golf Course noise >Dear Board, >I am contacting you to express my disapproval of the plans for the Bass River Golf Course to provide outdoor entertainment. I live directly across the river on Horsefoot Rd. in West Dennis, and as you know sound travels across water very easily. This would have a very negative impact for me,everyone on our block,and the residents close by in Yarmouth. >Previously the golf course tried to have outdoor entertainment and it was like having it in our back yards. Five years ago residents fought successfully to have it stopped to keep our residential areas peaceful (as the existing laws provide). There is no new reason at this time to change what was decided five years ago.The areas surrounding the golf course, on the Yarmouth and West Dennis sides,are still residential;the golf course is still a golf course and not a nightclub;and the laws provide for a peaceful residential existence without excessive and annoying noise. > Please vote down the proposal for the Bass River Golf Course to provide any outdoor entertainment. I'm sure you would not like it in your backyard,just as we don't like it in ours.Thank you for your consideration. Sincerely, Pat Husk > 19 Horsefoot Rd. >West Dennis,MA. 1 RECEIVED VIA E-MAIL Clark, Sandi .r q_/sr? From: Robert Anderson <Robert@energyinsulation.com> Sent: Wednesday, May 9,2018 2:25 PM To: Clark, Sandi Subject: Bass River Golf course Outdoor license Hi I am Robert Anderson of 45 Horsefoot Road West Dennis I am directly across the water from the Golf Course When Live music was played in the past it was like they were in my yard Everyone knows how sound travels across the water. I strongly suggest that the music is kept inside. The West Dennis Clubs the Shanty and Sundancers keep their music inside. It is the best policy for all It is a Golf Course, not a nightclub Your Neighbor Robert Anderson 1 RECEIVED VIA E-MAIL 15 Horsefoot Cove Road `� 5'-/e West Dennis,MA 02670 May 7, 2018 Dear Members of the Yarmouth Board of Appeals, as well as Selectmen and/or Town Administrators who may have interest in the issues raised by Petition 4741: As a local resident I am concerned about the potential effects of petition 4741. In 2013,the Town of Yarmouth placed conditions on the Bass River Golf Course due to abuses of noise and entertainment. The noise could be heard from the Bass River Bridge on Route 28 to an area well North of the Golf course along the river. Noise was a problem not only to Yarmouth residents, but also to Dennis residents and visitors. The noise was a problem for many on the river and inland . This is a beautiful area that residents and taxpayers enjoy. We do not wish to have to have our peaceful enjoyment of the area jeopardized by the removal of these conditions that prevent nuisance noise. Thank you for your understanding. We ask that you DO NOT vote to change the existing conditions. Charles Burke RECEIVED VIA E-MAIL Clark, Sandi From: Tom Smyth—St. Barth Properties, Inc. <Tom@stbarth.com> Sent Tuesday, May 8, 2018 7:05 PM To: Clark, Sandi Cc: sigoe@yarmouth.ma.us;sdeyoung@yarmouth.ma.us;tnickinello@yarmouth.ma.us Subject: Bass River Golf Course Recent Filing To whom it may concern on the Town of Yarmouth Board of Appeals: It has just come to my attention that this organization has filed once again in the hopes of bringing"outdoor entertainment"to their establishment on the Bass River. As I am out of the country I will be unable to attend the meeting and would like to take this opportunity to share my concerns with you via this email. I am privileged to own a residence at 41 Horsefoot Road W. Dennis MA which if you look on a map is located directly across from the Bass River Golf Club. I say privileged, because like many of you, I consider the peace and tranquility of Cape Cod and more specifically the Bass River to be a gift. I have owned long enough to have experienced a time where this establishment did operate outside the rules and had both outside entertainment and excessive lighting strung about their deck spaces. Needless to say, it was far from a tranquil time living on the river. I commend the board members that refused their request a few years back and brought peace back to our neighborhood and I will hope you can do the same. The by-laws of both Massachusetts and the Town of Yarmouth seem clear on this matter so it baffles me why they are looking to once again have the rules bent for them. I thank you for your time and attention to this very important matter. Best Regards, Tom Smyth VP-St Barth Properties,Inc. 508-570-4481 direct tom@stbarth.com www.stbarth.com 1 S:70- /P RECEIVED VIA E-MAIL May 9,2018 Town of Yarmouth, MA Board of Appeals Members I am writing in response to a public hearing that will be held on May 10, 2018 concerning the Bass River Golf Course where modifications will be considered to a decision made on January 10,2013. Since the Board of Appeals will be making a decision about their own property, the only thing I ask is that you make that decision taking into consideration that the golf club is located in a residential area and we hope that you will respect your neighbors as if you lived in the neighborhood yourself. Sincerely yours, Joan and Charles Ferrari 28 Georgetown Landing RECEIVED VIA E-MAIL Clark, Sandi ( 5-- /0- /8 From: Elisa Saccardo <elisacccl@gmail.com> Sent Wednesday, May 9, 2018 10:18 PM To: Clark, Sandi Subject Bass River Golf Club variance request-202.5(N3) I respectfully request my message be communicated to the Zoning Board of Appeals and town selectmen. I reside on Horsefoot Road,directly across the river from the Bass River Golf Club, sharing the peace and beauty of the river and its banks. I understand that BRGC is currently pursuing a zoning variance to expand entertainment. I recall a similar effort by BRGC in 2013. At that time,my family and I were witness to BRGC displaying annoying and intrusive roof lights and nuisance music and entertainment. I remember feeling that the serenity of my home and deck was unfairly invaded. Noise traveling across a very short water span is remarkably loud. I commend the BRGC for subsequently maintaining both a beautiful and quiet property in the neighborhood. At this time,I must again urge you to deny a zoning variance allowing expansion of entertainment outside the BRGC building. Such an expansion will certainly be a nuisance of noise impacting the serenity I feel I am entitled in my home. Respectfully, Elisa Saccardo 37 Horsefood Rd. West Dennis, MA t May 9,2018 RECEIVED -emir Yarmouth Board of Selectmen I MAY 14 2018 I Yarmouth Board of Appeal Members YARMOUTH Subject: Bass River Golf Course Board of Appeal BOARD OF APPEALq Dear Sirs: Once again we are addressing the Appeal of the Bass River Golf Course to increase the use of their publicly scheduled activities(formerly applied for in 2013). Although we are not year round residents of the Bass River, we are retired and thus able to enjoy many months of the Cape's benefits (and taxes). Our family now consists of 3`d & 4`h generation Cape enthusiasts who appreciate its beauty--thanks to the insight of Leo Psathas, who some of the town's older members may still remember. He carefully chose and built his little Cape home along the river and became a participating member of the Town of West Dennis. I was fortunate over fifty years ago to marry into Uncle Leo's family, thus enabling my husband and I to share and pass on to our children and grandchildren a love of the Cape,as well as the pride in taking care of it. Once my husband and I retired, it's been well worth the effort of traveling to and from our Pennsylvania home to spend more time in our "home away from home". Even in the midst of its busy summer's tourist season, Cape Cod's allure can't be ignored. After having lived in New Jersey and experiencing the Jersey Shore, friends we've brought to visit at the Cape have been astounded that the Cape's natural environment has been so carefully preserved, while the Jersey Shore has continued to be exploited by a commercialism that we hope will never creep onto the Cape. Fortunately, the Cape has thus far been able to maintain its appreciation for the natural environment. Unfortunately, the intention of the Bass River Golf Course to eliminate the restriction of their entertainment to within its club house walls, will definitely detract from their surrounding neighbors' privacy on both sides of the river. It's location alongside the Bass River, while scenic, will easily carry and increase the level of outside public conversation—not to mention accompanying dinner music. Such a change can easily push our area's natural surroundings from attractive to commercial. Living along the Bass River, directly across from the Clubhouse during the summer of 2013, when they last applied for and had temporary permission while awaiting approval, gave us a few days to experience Clubhouse music across the river, while having our own dinner guests. Instead of enjoying our meal, we found it quite difficult to comprehend our company's outdoor conversation during dinner on our own patio (for which we do not choose to supply music so we can enjoy our company). In making your decision, please retain our beautiful Cape's natural environment–that came with its 2 "C"s abbreviation[Cape Cod]–and not be tempted to turn the Cape into 3 "Cs" [Cape Cod Commercialism]. Thank you for also considering your neighbors' situation, C. Qa.Za vtea- Constantine& Carol Galanos 33 Horsefoot Road or 2614 Ambassador Dr. Cape Cod, MA 02670 Bethlehem,PA 18017 ;6V00 Mr.C.Galanos • "�+..�� ' " a ��PEd. ; 2614 Ambassador Dr. wi41,2 P`L..L• ::! "t Bethlehem,PA 18017 ^—•_ r `^ '.«" -' MI NOIIMENI EIMICEMINTNRaNI MONISV1aa9 v ..s •> . . • tfa l a^;itro.3t:rt 5"!•4 3.9. •,,,,,. "e` inn 2/46e- 76 /76 dad/61 refrnerea /118 o zd�3 • A' /50/ `• %/? 03673-373076 Ill'1111111"11'1Ly,ll'11111""1111pii1l"11111'111'11"111 RECEIVE/7. VIA E-MAQIL Clark, Sandi n?6-�rJ From: Gail or Charles Burke <cgburke15@comcast.net> Sent: Tuesday,June 26, 2018 4:22 PM To: Clark,Sandi Subject: Our Community's Response-Growing Concerns Our Community's Joint Response—Expressing Growing Concerns Dear Yarmouth Zoning Board of Appeals members& others: Our extensive Community deeply appreciates efforts you took in the past and hopes action you may take again at the upcoming Thursday,June 28th meeting will keep peace and order, preventing Nuisance Noise from being heard outside of the structure of Bass River Golf Clubhouse. The conditions you placed on the property in 2013 restated restrictions that ensured no nuisance noise was heard from that site. In previous e-messages between the Town of Dennis and Yarmouth,forwarded from Chair of the Yarmouth Board of Selectmen Tracy Post, indicated a desire to `ensure neighborly harmony' and for that we are grateful. But mention of potential need for mitigation if conditions are not upheld disturbed, as mitigation implies harm and damages could result if noise is not contained,as it has been for years. Nuisance noise at BRGC is easily preventable. As the adage goes, 'An ounce of prevention is worth a pound of cure.' In another e-message,we were alerted to Pat Armstrong's plans to bring amplified outdoor music and large- scale outdoor entertainment functions&catered affairs(weddings, bachelor parties, etc.)to the Bass River Golf Course. These functions would create even more of a nuisance than the examples of extending service to golfers at the Grille at the end of their rounds, as shared at the May 10th meeting. Her reason for petitioning for leniency is potential commercial gain regardless of the harm and damages these actions will create for residents. Therefore,the recent message of June 14th was most alarming. The Community would like to share its growing concerns: "To petition for Unacceptable Use in a residential zone, especially when previous abuses at the Bass River Golf Course site are acknowledged, is for the Town of Yarmouth, doing business as the Bass River Golf Course,to act in full knowledge of willfully creating a public nuisance in general,and for those living close-by or affected by the nuisance, a private nuisance. The nuisances will also impact Quiet Enjoyment. Requests advanced by Petition#4741 fly in the face of law and logic. Conditions directly stated for noise at the Bass River Golf Course capture the essence of our Commonwealth's wish to control nuisances. In 2013,the wise members of the Zoning Board of Appeals did not grant the wishes of the petitioner Jim Armentrout without restating for him Commonwealth's law as reflected in limiting conditions that contained all nuisance noise inside the building. As Mr. Armentrout,petitioner,clarified at the May 10th meeting, he had been the managing director at the site since 2009. It was during his watch,2009-2013 that abuses transpired. Fortunately,the prudent and wise action of the Zoning Board members stopped some abuses by clarifying the law relative to noise at the site. They spelled it out in restrictive conditions so that the rules would be defined and could not be denied. 1 That petitioners at the Bass River Golf Course are again trying to escape the restrictions of law, as has been done periodically, indicating desire for continuing erosion of standards at this site. To now suggest these conditions be modified, especially to the point they be removed, by the Town of Yarmouth—for financial gain by the Town of Yarmouth, aka T.O.Y. is questionable,appears unlawful,would be detrimental to the environment and public health of the Community, and could create a heavy burden for the Town. Repeated petitioning also indicates a need to put conditions in place in perpetuity. Wishes to escape limits of law, by-law, and other standards like conditions, should not be raised at this site again. The petition invokes question: Perhaps all licenses and permits at the BRGC site should be investigated for adherence to wider Commonwealth law.Perhaps food and alcoholic beverage licensing there should be questioned. Entertainment is clearly not appropriate, especially if expanded as suggested. Maybe the Commonwealth should be called in to review all plans and procedures there. Being a residential site,NO ENTERTAINMENT IS ACCEPTABLE BY CODE AT THIS SITE. It is a GOLF COURSE,and NOT an entertainment venue nor an"all inclusive alternative"as Ms. Armstrong suggests. Local community noise ordinances,Zoning By-Laws, as well as other protections provided by the Commonwealth of Massachusetts, Departments of Environmental Protection and of Public Health, and other licensing boards contain phrases that restrict noise transmission to very limited bounds. • In Massachusetts towns, noise should not be heard 150' feet from any noise source twenty-four hours(24 hrs) a day. That includes entertainment as well as boisterous crowd noises, etc. • Activities in Commercial Zones must confine nuisance noise within structures. • At the golf course, licenses and permits previously issued to the BRGC site bore reference to the Commonwealth's code that ALL NOISE IS TO BE CONFINED TO THE BUILDING. • The Town of Yarmouth's own Zoning Board wisely reinforced regulations stated in MA state law when they directly stated applicable conditions in 2013. These conditions,in place since January of 2013, have ensured that NO nuisance noise could leave the confines of the clubhouse. • The Department of Environmental Protection requires noises that are nuisances to sensitive recipients in an area be contained within the structure of the building,and • The Department of Public Health issues reminders of the need to respect Peace and Order as applicable to and ensuring Quiet Enjoyment Entertainment and amplification of sound create Nuisance Noise. This is especially so when accompanied with noises associated with patrons, staff and others,the service of food and the effects of alcoholic beverages. When all these elements appear simultaneously, abusive noise levels rise quickly and transmit great distances.These are abuses that should never, ever be permitted in any residential zone in any town. That is the reason for ZONING BY-LAWS. Certainly this residential site, on the water where sound is even more easily and widely transmitted, should never be considered for such inappropriate activities. This site should be protected from such abuses for the long term, in perpetuity,not threatened by changes in administration, directorship,or those in positions to request leniency from the law. Protection by conditions will ensure no matter who owns or operates the site,behavior there will be held to standards. Yarmouth's own documents indicate Chapter 138 of the Massachusetts General Laws allows the Local Licensing Authorities to adopt reasonable rules and regulations governing alcoholic beverages within a community,which are not in conflict with any section of the Massachusetts General Laws. Towns are not allowed to,nor are most interested in, lowering standards. Fortunately,most abide and many Towns are actually more stringent and require even higher standards for behaviors within their bounds to better protect the public. 2 In reference to OUTSIDE ALCOHOL SERVICE, 'the purpose of these regulations is to ensure that management will control alcoholic beverages, which are served outside of an enclosed premise, and noise and disturbance to the neighborhood of the establishment will be kept to a minimum'. Documents go on to imply that alcoholic beverage service and entertainment outdoors are mutually exclusive: '3. With outside service noise is a factor. The applicant may not have outdoor entertainment in the area where alcoholic beverages or any activity is taking place.' Noise is not allowed outside a structure even in Commercial zones! Our fair Commonwealth does not condone such abuses,nor have local towns done so in the past. A review of Zoning By-Laws will also show that commercial activities such as providing a food and alcoholic beverages or entertainment are not acceptable uses of land in a residential zone. By pushing the limits on what is allowed in a residential zone, introducing commercial activities,and requesting unacceptable uses, Ms. Armstrong may have opened the door of the Bass River Golf Course site for deeper investigation by Commonwealth authorities. There is no room for compromise of values, law,nor standards at this site;thirst for commercial gain is not appropriate here. This is especially so when the public was made aware through the media that funds/fees related to actual Golf related mission and charter were not collected as expected. Yet these new commercial ventures are being suggested,which enter unknown territory,with only guess work and projections of potential gain, less than guaranteed funds, but at high costs,with potential damages. It is unclear why Armstrong is vehement about turning the Town of Yarmouth into a major producer of Nuisance Noise. Local media has been reporting on noisy activities proposed for TOY lands. If nuisance noise is created in any area, what would stop the town from allowing all of its parks, beaches, and memorials, such as Indian Memorial Park on Long Pond, from being used as sites for large-scale entertainment and catered affairs? Be assured, the good citizens of Yarmouth do not want to see their community degraded,resembling other seaside resort areas bereft of peace and quiet, catering to commercial gains despite the abuses these bring. A Community member shared, `Friends we've brought to visit at the Cape have been astounded that the Cape's natural environment has been so carefully preserved,while the Jersey Shore has continued to be exploited by commercialism that we hope will never creep onto Cape Cod. In making your decision,please retain our beautiful Cape's natural environment-that came with its 2 C's as abbreviation [Cape Cod]- and not be tempted to turn the Cape into 3 C's [Cape Cod Commercialism]'. Therefore, citizens of Dennis and Yarmouth,abutters defined by distance, affiliation, or acknowledged to be `aggrieved due to suffering past abuses' are now concerned by the Petitioner's plea to modify Conditions #1, 2, &3 to allow for expanded entertainment. The current conditions restate the requirements of Commonwealth rule in order to make apparent to all expectations for behavior that spans beyond Town limits and should shape responsible interactions with the public. These conditions should remain in perpetuity. Community members plead, 'Keep the Noise Inside; Other venues keep their noise inside, Say NO to Noise, and enclose all areas where food,beverage and entertainment co-exist to contain nuisance noise. THE REASON WE ARE OPPOSED TO THEIR PETITION IS NOT BECAUSE WE THINK IT WILL CREATE HARM; WE ARE OPPOSED BECAUSE WE KNOW IT DID CREATE HARM IN THE PAST. ENTERTAINMENT&NOISE UNCONTAINED WITHOUT STRONG LIMITING CONDITIONS ALLOWED FOR ABUSES AND CREATED ACKNOWLEDGED NUISANCES. Remember,when abuses occurred at the Golf Course,the Town WAS the owner, and the directing power, &the petitioner(during 2010- 213 conflict time); the same is true now. Abuses were rampant then; without strong conditions, it will happen there again. Therefore,PLEASE CONTINUE TO PREVENT NUISANCE NOISE AT BRGC'. 3 Citizens pray their right to Quiet Enjoyment of this residential zone in which the golf course is located will be maintained. May the members of the Zoning Board and others who may have an impact uphold standards as were so wisely done in Decision#4426." This is a RESTATEMENT OF CONDITIONS in DECISION#4426 (January 23.2013) - made available for review relative to Community Concerns. These conditions and others spelled out behaviors at the BRGC property to avoid Nuisance: (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 We pray that you maintain these conditions. Thank you in advance for your consideration of this plea that peace and neighborly harmony can be sustained .„ 4 May 9,2018 C I� 4\ rt J RECEIVED .e aJa''-' Yarmouth Board of Selectmen MAY 14 2018 Yarmouth Board of Appeal Members YARMOUTH Subject: Bass River Golf Course Board of Appeal BOARD OF APPEALS Dear Sirs: Once again we are addressing the Appeal of the Bass River Golf Course to increase the use of their publicly scheduled activities (formerly applied for in 2013). Although we are not year round residents of the Bass River, we are retired and thus able to enjoy many months of the Cape's benefits (and taxes). Our family how consists of 3`d & 4th generation Cape enthusiasts who appreciate its beauty--thanks to the insight of Leo Psathas, who some of the town's older members may still remember. He carefully chose and built his little Cape home along the river and became a participating member of the Town of West Dennis. I was fortunate over fifty years ago to marry into Uncle Leo's family, thus enabling my husband and I to share and pass on to our children and grandchildren a love of the Cape,as well as the pride in taking care of it. Once my husband and I retired, it's been well worth the effort of traveling to and from our Pennsylvania home to spend more time in our "home away from home". Even in the midst of its busy summer's tourist season, Cape Cod's allure can't be ignored. After having lived in New Jersey and experiencing the Jersey Shore, friends we've brought to visit at the Cape have been astounded that the Cape's natural environment has been so carefully preserved, while the Jersey Shore has continued to be exploited by a commercialism that we hope will never creep onto the Cape. Fortunately, the Cape has thus far been able to maintain its appreciation for the natural environment. Unfortunately,the intention of the Bass River Golf Course to eliminate the restriction of their entertainment to within its club house walls, will definitely detract from their surrounding neighbors' privacy on both sides of the river. It's location alongside the Bass River, while scenic, will easily carry and increase the level of outside public conversation—not to mention accompanying dinner music. Such a change can easily push our area's natural surroundings from attractive to commercial. Living along the Bass River, directly across from the Clubhouse during the summer of 2013, when they last applied for and had temporary permission while awaiting approval, gave us a few days to experience Clubhouse music across the river, while having our own dinner guests. Instead of enjoying our meal, we found it quite difficult to comprehend our company's outdoor conversation during dinner on our own patio (for which we do not choose to supply music so we can enjoy our company). In making your decision, please retain our beautiful Cape's natural environment--that came with its 2 "C"s abbreviation[Cape Cod]—and not be tempted to turn the Cape into 3 "Cs" [Cape Cod Commercialism]. Thank you for also considering your neighbors' situation, C. Ca 4a4et -- Constantine & Carol Galanos 33 Horsefoot Road or 2614 Ambassador Dr. Cape Cod, MA 02670 Bethlehem, PA 18017