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Home My WebLink AboutDecision 2904 Withdrawni r TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TCWN CLERK; V i t'- 4592JUN29A8HEARINGDATE: • May 28,. 1992 PETITION NO 2904 10' ' J x it • IN CLLit): ' 4.0.A'. • Y i , r.e: to SUF F ,: PETITIONER: i Daniel and Jeanne Keefe, West Yarrouth, MA PROPERTY LOCATED AT: 'Clancy's Restaurant, 175 Main Street; West . Yarmouth, MA and shown on Assessor's Map 31 as Parcel U2-1. PETITIONER REQUESTS: 1 An appeal from the decision of the Building fInspectortograntpermitandavarianceforawalkingbridgestructuretobeplaced•in the buffer, zone and to be within 25' of lot line on the easterly side of property.1 Also a variance for the placement of sixadditionalparkingspacestinthe10' buffer zone on the south boundaryoftheproperty. Sections i 301.4.9, 203.5 MEMBERS OF THE BOARD PRESENT AND VOTING: Leslie Campbell, Chairman,Fritz Lindquist, David Reid, Richard Neitz, Jeanne Bullock. It appearing that notice of said hearing has been given by sending notice ithereoftothepetitionerlandallthoseownersofpropertydeemedby the Board to be affected thereby and that public notice of such hearinghavingbeengivenbypublicationintheYarmouthSun, the hearing wascpenedandheldonthedatefirstabovewritten. Attorney Gerald Garnick, the attorney for the petitioner, advises theEoard, by letter of May 21, 1992, that they wish to withdraw this application, without prejudice. After brief discussion, a Motion was •trade by Mr. Reid, seconded by Mr. Neitz, to allow the petition to be 'withdrawn, without prejudice. The Board members voted unanimously infavorofthisMotion. The petition is therefore withdrawn. T.-- . Cavid S. Reid, Clerk 1 - i Eoard of Appeals I i j APPLICANT: CLAN CY'S RESTAURANT 3) LOCATIO\' dr PROPERTY: 175 HAIN ST. RTE. 28 W.Y. 31 LOT: U2-1 XDATE. HAY 19, 1992 SIX OR SEVEN SETS OF PLANS SUE :_l:_ED YES: NO: PERS \S PRESENT AT REVIEW HEARING SITE PLAN REVIr:;fORPSEST W11ifl-re 3A-0 E ifriACa,0 fRvL Swr'erT R 311,6 Gp. & E I DiriJ 4rFe JbI ,J f UGff1NSKl 1 I Comments: This plan proposeslto increase the floor/dining area of this exist-ing code H10 eating and drinking establishment by the enclosure of an approx.556 sq.ft. deck. This is an allowed use under section 202.5 in this LB zone onRoute28. The proposed expansion would increase the present permitted occu-pancy of 153 persons to /77 andft_he present parking requirement of 51 spaceswouldbeincreasedto59 , 31 of which to be for the handicapped. Becausethisisanexpansionofuse, a complete upgrade of the site is required persection301Parking & LoadingiRequirements. The following discrepancies were ,found with the applicant's plan: the applicant's entrance driveway is' inexcessofthe24footmaximumandlackscurbradii (301.4 .3) ; front, rear, and easterly buffers are reduced and are proposed to contain parking spaces. The site's easterly buffer also contains a disallowed structure (bridge) and, inthesoutherlybuffer, a dumpster. Buffer trees are not shown or noted on the plan (301.4.4 & 301.4.9) ; no provisions or calculations for in-lot trees havebeensupplied (301.4.6) ; the entrance driveway is less than 250 from others onbothsidesofRoute28 (301.4'.7) , and; the applicant's drainage calculations are incorrect (301.4.1) . It islalso the opinion of the Site Plan Review Teamthattheproposedparkingisovercrowded, lacks good circulation patterns,lacks a suitable loading area', and offers inadequate passage for safetyvehiclesorfireequipmentasoutlinedin103.3 .1, para. 1 & 3. Any proposed signs must meet the criteria for design and display outlined in .section 303. A Conservation Commission filing may be necessary. Contact with Conservation'Agent Bradford Hall is advised. It is the applicant's sole responsibility to contact Mr. Paul Wilson of the Water Department for his review: and comments. ms-'E izTH : s li k] GAP pC.l b 1Rl, lS } CST'WAVi2.--1 7Z 2[J D A Ai /C i'AA-%,77/ •s//1-e-Ck,F%UEACz-VeY dC', -3-- piA/A/A j y vA /r7,ALL'EIicri SIGNED BY: k-s/79/4. -51-W/n/.ode.s'rs%c` NNG/^R i,4' /1/-Arts'/ ,' .:-W/ READ 'D RECEI D BY APPLICANT BUILDING DEPT. e' BOARD OF HEALTH DEPT. ENGINEERING DEPT. FIRE DEPT. CONSERVATION DEPT. • PLANNINGTDEPT. e'AL WATER DEPT. TOWN OF YAI rxy Ii BOARD OF APPEALS APPLICATIa N APPPEAr : • -o 9 b L . -4 HEARING DATE: 5/28/92 at 8:00 p.m: ' . PAID: I 1 s • . RECEl\'FD . Bus nvc,INS., R 1: APR 22 A 9:57 aV R NAME: Daniel T. Keefe and Jeanne. M. Keefe•;••Trus 'ediN L75Ylilaixttfi reet ADDRESS: • Real ty Trust 1 turk f.'ttRK TKtAhUI:I Ir 175 Route t28 • I West. Yarmouth,I MA UZbIJ • .. .... . . PETITIONER NAME: • Daniel T. Kefe 'and `Jeanne. M.. Keefe,-Trustees of .175 Main Street ADDRESS: • Realtyl Trust • . 175 •Route 28, West Yarmouth, MA 02673 . 50811775-3332 I This application is for the property and/or structure located at: 175 Main Street, West Yarmouth; MA Assessor's Map 31 Parcel U2-1• I e herebyre yes t :he:actionichecked below: .• • 1) XX Appeal from decisionof the' Building Inspector to grant permit and petiticn your Board for a public hearing on this action. 2) Applicaticn for Special Permit under Section(s) of. the Yarmouth Zoning By-Law and/or for a use authorized in the "Use Regulation Schedule" Section(s) to: I I I 3) XX Pet ticn fcr Variance frcm the te_--s of the Ya_ awuthZoningEy-L to al?cw: a walking bridge structure to be olaced in the buffer zone and/ to be within 25' ofilot line on the easterly side of property. I I 33 Sec"'ZSi:g.9 and In crd to car Fa_'_tfc:11 a Variance of Section of the BY-Law is r.c.-nc a^- A list of a....:e-T.' •,-it '._I':,3300 fee: of the =n_•!,`;eter C t!.. p_---•.»-,, a c.-ns . cr.' t. ricer. r_-,-",r.t Aiseessc:'s Maps is attached. n., c t e .lac rd I r•.l a* cris t;+'1 .': C i C.,_ie- of th= Rul_- a... Re- ofthe a _ter.°=:1 i .,_.. ccz sY:eec are a:•a_lab1_e f_c:a the Ecad's See-etar','s 7, gy--„ ir,Jr".Y -- 1 TOWN OF YARMOUTH i BOARD OF APPEALS JUN DELISION r.2 9. 1992 FILED WITH TOWN CLERIC: I f 92 JUN 29 •A 8 :45HEARINGDATE: May 28, 1992 i . PETITION NO 2904 OWMTONtt Or YA#M--i1TNlCLERK :1 TREASULE 1: PETITIONER: Daniel and Jeanne Keefe, West Yarmouth, MA PROPERTY LOCATED AT: ' Clancy's Restaurant, 175 Main Street, West Yarmouth, MA and shown on Assessor's Map 31 as Parcel UT2-1. PETITIONER REQUESTS:An appeal from the decision of the Building Inspector to grant permmit .and a variance for a walking bridge structure I to be placed in the buffer zone and to be within 25' of lot line on the easterly side of property. !Also a variance for the placement of six additional parking spaces in the 10' buffer zone on the south boundary of the property.. Sections 301.4.9, 203.5 11 MEMBERS OF THE BOARD PRESENT AND VOTING: Leslie Campbell, Chairman, Fritz Lindquist, David Reid, Richard Neitz, Jeanne Bullock. It appearing that noticeof1said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected' thereby and that public notice of such hearing having been given by publication in the Yarmouth Sun, the hearing was opened and held on the date first above written. I Attorney Gerald Garnick,j thI attorney for the petitioner, advises the Board, by letter of May 21,1 1992, that they wish to withdraw this . application, without prejudice. After brief discussion, a Motion was made by Mr. Reid, seconded by Mr. Neitz, to allow the petition to be withdrawn, without prejudice. The Board members voted unanimously in favor of this Motion. • I The petition is therefore withdrawn. r.---- 1 • David S. Reid, Clerk - Board of Appeals 1 1 i 1 t I 1