HomeMy WebLinkAbout2006 Oct 24 - Board of Appeals Decision - Petition #4076M
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS `
DECISION
c, J
October 24, 2006
#4076
October 12, 2006
Arpad Voros & Sheila Fitzgerald dba Old Yarmouth Inn
223 Route 6A, Yarmouthport
Map & Parcel: 122.92; Zoning District: R40
MEMBERS PRESENT AND VOTING: David S. Reid, Chairman, John Richards, Joseph Sarnosky,
Diane Moudouris, Sean Igoe and Richard Neitz alternate.
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 seeks a Special Permit, per bylaw §104.3.2, or a Variance, in the alternative, in order to be
allowed to add commercial space to an existing Inn and Restaurant use.
The property is in the R40 zone, where the use is not currently allowed. However, it is a lawfully pre-
existing non -conforming use, and structure. The proposal will add approximately 952 square feet of first
floor restaurant space. It will increase the capacity of the restaurant, but the petitioner desires the space
principally to expand the available space for the existing number of customers. It will, however, facilitate
the Inns' accommodation of larger functions. The second floor, which presently contains only one room
actually available for rent as an Inn accommodation, will not be altered. The area above the proposed
addition, facing the entrance to the west, will not be a useable deck, and the existing second floor deck will
not be expanded.
The proposed expansion will not increase the petitioner's parking demand beyond existing available
parking capacity. However, the petitioner will formally "line" the spaces, which should encourage more
efficient parking patterns within the existing spaces.
No one spoke in opposition to the proposal. The petitioner has had informal discussions of the project with
the Old Kings Highway Committee, and understands that formal review and approval by the Committee is
required before this project can proceed.
The Board finds that the proposed expansion is modest in relation to the existing business and will not be
substantially more detrimental to the neighborhood.
Accordingly, a motion was made by Mr. Richards, seconded by Mr. Sarnosky, to grant the Special Permit,
as requested, and shown on the petitioner's site and architecturally plans (the final site plan being the one
dated September 22, 2006, with revisions through October 12, 2006). The members voted unanimously in
favor of the motion. A second motion was made and seconded to deny without prejudice the alternate
Variance relief request, as it was determined that it was not needed.
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 M.G.L. C40A §17 and must be filed within 20 days after the filing of
this notice/decision with the Town Clerk.
David S. Reid, Chairman
2