HomeMy WebLinkAbout4937 175 Route 28 Decision TC 07.18.22 'r0 TOWN OF YARMOUTH
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FILED WITH TOWN CLERK: July 18, 2022
PETITION NO: 4937
HEARING DATE: April 28,2022
PETITIONER: Evangelia K. Zambelis and Christos Kounadis,Trustees of
Tasty Tidbits Realty Trust
PROPERTY: 175 Route 28, West Yarmouth,MA
Map 37, Parcel 74
Zoning District: B-2
Title: Book 22941,Page 207
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Megan Homer,
Jay Fraprie,and Doug Campbell.
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
Cape Cod Times,the hearing opened and held on the date stated above.
The Petitioner seeks Variance relief pursuant to Zoning Bylaws § 301.4.4, § 301.4.9, § 301.4.6,
§ 301.4.2 and § 203.5(L)to add additional parking spaces in the buffers, reduce the size of
parking spaces to 9x18, omit in-lot trees, and increase the lot coverage. The lot is located within
the B-2 zoning district and has a total of 46,872 square feet with 42,321 square feet of upland lot
area and approximately 6,637 square feet of the lot is unusable as wetlands. Since its
construction in 1979, the existing building has been utilized as various restaurants. The
restaurant that currently occupies the lot is DiParma Italian Table. The existing restaurant as
permitted has 57 parking spaces.
The Petitioner proposes to mitigate certain nonconformities of the zoning bylaws. Particularly,
the Petitioner is seeking to reduce the encroachment into the front setback as well as reduce
overall parking spaces on the lot from 76 to 66. This would add a total of ten (10) additional
spaces to the lot in the rear setback and front setback. The Petitioner is also seeking relief from
the placement of in-lot trees but is proposing to place trees around the perimeter of the lot. The
lot coverage will be reduced from 83.1%to 80.1%. In an effort to increase patron safety in the
parking lot,the Petitioner is proposing to remove a parking space in the front setback and add a
five (5) foot wide pedestrian painted walkway in the front of the building.
The Board expressed concern over the size of each parking space as well as the ability of
• emergency vehicles to drive around the building. The Board requested the Petitioner receive
further input from the Yarmouth Fire Department as to whether an emergency vehicle could safely
make it around the building. Otherwise, the Board was satisfied that the revised proposal would
not be substantially more detrimental to the neighborhood,zoning district, or Town nor cause any
hazard, nuisance or congestion.
A Motion was made by Mr. Fraprie to approve the various requests for Variance relief with the
following conditions:
1) Paint a Fire Lane on the pavement around the building in a location determined by the
Yarmouth Fire Department, but in any event, formally marked to preclude parking;
2) Obtain Certificate of Compliance from the Conservation Commission by the end of
September, submitted as update to Zoning Board of Appeals;
3) Plant 5 in-lot trees in location shown on plan;
4) Lot to contain 66 total parking spaces that are at least 9x18 in size;
5) Parking spots that are removed shall be marked on pavement as "No Parking"; and
6) Revised Site Plan to be submitted to the Board.
Accordingly,a Motion was made by Mr. Fraprie to approve with conditions as noted, seconded by
Ms. Homer, to grant the Variances, as requested, with conditions. The members voted
unanimously in favor of the Motion.
A roll call vote was taken on this Motion with the following results: Mr. DeYoung -in favor; Ms.
Homer - in favor; Mr. Fraprie - in favor; Mr. Campbell - in favor; and Mr. Igoe - in favor.
Accordingly, the Variances were approved on a 5-0 vote in favor.
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,the
Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw
§103.2.5, MGL c40A §9)
Steven DeYoung, Chairman
CERTIFICATION OF TOWN CLERK
I, Mary A. Maslowski, 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 #4937 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.
Mary A. Maslowski