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HomeMy WebLinkAboutDecision 1077TCNH OF YAR -,= BOARD OF APPEALS Filed zith Tom- Cler s: FEB 1 0 1972 Fbtitionor: Cops Cod Cribs, Inc., DBA/Capa Cod Colieeun Tr. Hoaring Date: POtition #1077 January 13. 2972 Tho PeUtionor requosted a variance and/or approva and/or a special Pwzdt Iron the Board Of Appeals to 410�t the use of tho pscmdnes in tho Irdvntrial Diatriet for a colisoux for profossiaoal hockey arA related public sor7ica uses.Property located on W itea Path, South Yar=uth, Pass., and is seehn.•. on Assessors =D 487-I f. bees of Board of Appoala pr.�aat: Harold HDyes, IIdaedg3 M=s Robert Dorman, Norris Johzsson, Seaaoth H. Siudleys It apped-�ng that notice of sail hearing has been given by sending notice thexuaf to the petitioner add all those crxiers of property da=d by the Board to be affocLed thereby, and that public notice of such hea-yng having bean given by publication in tho Cape Cod Standard `t`izes on 32/27/71 and 1/3/72, the hen.*-ing teas opened rxId fold on the date ftrai above written, MO follmring appeared in favor of tho petition: Attrq, Mard Cs YAndler2Jr., Roger P. Mlli=x Prajeat FlanaV=, Richard Torrios Pros.,Cape Cod Cubs,Inc.s Benjamin Flan, Press, 'F=O Oausr,: Assoc., Charles Eager, for Board of Selectmen, Arthur Connolly, Min follordng appeared in oppositions None, Reason for decision: 7 Boasted noted that the lend in crsestion = in an indu -br .al. area zhi ch is the most highly classifUd type of aroa 3n the Toan of Ya=outh. Zia Boxxt also roted that there Ua,s no cpeoific p:oriaion in the gg-Lau for a hoetcy arena or a colise= which wss the subject of the pending Ftstitions The Board yeas= that this is underEtandable in visa of the fact that this -to the first coliseums to ita IsnoWedge to be ecaa'cracted in the Cape Cod area and certainly is 4&D first to be constructed in tha Gran. line Board considorad •ha othor cc=orcial areas, nQ o3,v the Business District tdrich is doacribed In Section III of the 7ening 0rdinance. and tho Highw Ca=orcial Zone Mich is Scotian IIIA and uss oP the opinion that thin typo of a project z;swa roach bettor suited to as industrial area thsn .t6- either of thoao. tuo :.kiss . Me businass area is used for mmy purpouess one of which is a place of rmayozat or assasrb].y an approval of tho Board of Appeal.a, hoxaver the Board feels that a veniazo-of this ai:o s:nuld ba noro appropriately locatod in an lmdustrial area rathcr tIMn in the businGas area of the Toun. Tllo sam analysis saa made by the Board of the Higbxcy Co=mrcicl Zap and the B=rd ,felt that; a ventura of this Sort in the Highway Coe ci i- Qraa, which i.s prin=il,; utilized by mo tole, restaurants and other.service facilities for the su=ar tourists, would not be in Seeping with tho intent and•purposo of the Zoning By�L-r dui to Mho la-�e avmbora that would be dravn to a coliseum and the reaniting traffic problems that would occur in a MGtmW Ccssa±wcial area. The Board noted that tbo type of .:ono Uhich the patitionsr dasi&as to nae a73o-,aa .earns-ahausoss lumber yardos cOntractors' yards, need car lots, establisL=ta for repair of motor vehicles, auction galleries and in Section IV Iiadn.3tzdnI Di3trieca. 2• As Ms) they authorise the follvWmg: Gm' rnmoat, civic, rangicus, education or public sorrice uses It is the opinion of the Board of Appeals that the 'present use as described. and preseiytod at this hearing, -could gal2 cgmo uiithia Section N. 2. A. (7) and the Board ao finds. The Bound of Appaala realising that there may be sours questions relative to a hockW. rink or coliseum being within the broad standards set forth in Section iVs subparagraph 2. A. (7), further oonsidered the potitioneria `equest for a Variance. The pati•Uonar stated to the Board at the b^zas^in; that; as this w.s,s a navel regnost and as tbore MW •n^ precedent, tit it eri✓mi,I.tc-d all of Oul-10 rCgts~a=nts ter a Variance were presents Petition #1077 Page 2 The Board considered the statutory requirements and finds that they are all present and specifically the Board considered the following: 1. The Board considered whether or not a hardship existed to petitioner were this not granted. The Board finds that there would be a hardship in the strongest sense of the word, and in vi view of the fact that such a facility as the petitioner desires certainly should come within the scope of the Zoning Ordinance of the Town and as it appeared to the Board that the most logical location would be in the most highly.commercial type of zone, to wit, the industrial zone, that to find otherwise would certainly create a hardship as it would force thepetitioner to look into a less restricted zone which certainly would be contrary to the intent and purpose of the By -Law. 2. The Board then considered as a separate question whether or not the intent and purpose of the By -Law would be followed by granting a Variance in this instance. The Board found in the affirmative in view of the fact that the enumerated used in an industrial districtare certainly more compatible with the requested use than any other zone set forth in the Town. 3. The Board then considered whether or not the public good would be adversely affected and after conside ring the evidence submitted by the petitioner which indicated the use and the desirability of this facility and after considering the reaction of the public that attended the meeting, the Board felt that the public good would be furthered by granting petitioner's request. • The Board noted that there was a suitable setback on the plans that were submitted and there were provisions for landscaping in the front of the building and the grant of this request is conditioned upon the petitioner receiving a certificate of compliance from the Board of Appeals upon the completion of the project, that the landscaping is in fact substantially in compliance with the plans presented to the Board at the hearing. Therefore, the Board finds that the petitioner's request is within the provisions of Section IV. 2. A. (7) and further the Board grants a Variance to the petitioner authorizing the use of the subject premises for the purpose of a professional hockey and related public service use in accordance with petitioner's request. Members of Board voting? Harold L. Hayes, Jr., Eldredge F. Shaw, Robert Sherman, Morris I. Johnson, Kenneth H. Studley. All voted in favor. Therefore, the Petition for Approval is granted. And we authorize a variance to: allow the petitioner to use the premises situated on mites Path, So.Yarmouth,Mass. and shown on Assessors' map #87-M7 for the purpose of a professional hockey and related -public service use. No permit issued until 20 days from date of filing 4_ TOWN OF YARMOUTH BOARD OF APPEALS l� �—�" -• y�cj��-Z Appeal No. February 12, 1981 Informal meeting with Cape Cod Coliseum, Mr, Sweeney, Attorney. Mr. Henderson; I talked with Town Counsel today. I think I understand what you are trying to do. I agree with the second page - we don't know what authority we have to take a vote tonight on any agreement, so when you talk, just address that point. Mr. Sweeney; The preliminary reason to come here - at a meeting with the Board of Selectmen, they made 4 votes. The third one, par. d in this letter, we were to meet with various town officials and reach an agreement on the seating capacity and parking. We arranged that. Also appearing at the meeting, town surveyor and every- one. They requested we work on all the issues. This is a letter from us to them, saying we have reached an agreement. One last question remains - did they have sufficient parking, and it was .determined at the meeting that there was sufficient parking. Mr.Newton is not here tonight. He felt uneasy to make a decision on the parking, as he had never seen the parking at a sold out event. The selectmen asked him to look at the by-law and to determine what parking was necessary, That by-law is outdated now. The Board of Appeals considered parking at the time of their hearing, All the uses were covered in the decision. He said he requested I go to the Board of Appeals to get an opinion from you to see if it was necessary we come back before you. I donf think we have do. I am not asking for you to take a vote as if it was a public hearing. There is the criteria to come informally to see if you think we should appear formally or that we don't have to. Your vote or instruction would be just administrative. That would put all the coliseum issues to rest. If we did have to come back, all issues held before would fall on you again. Mr.Donnelly, Town Planner; The question that I have, and it is the same as Mr. Newton, when this was granted, it was granted for the structure that is out there,which hasn't been changed much, that the or permit was issued for about 5,000 seats, and the parking for that. At a later date, the occupancy permit was amended to 7,200 seats. Additional parking was provided, but 5,000 seats requires 1300 parking spots, he feels 1 slot per 4 people, 1200 to 1800 slots. There are about 1300 slots, so they are short about 500 slots.. So the question'is while the exterior side of the coliseum has not been changed, the permitted seating has; then would the original variance be in effect, is the building size as related to the parking or'to the seating? Mr. Oman; What was the parking at that time? Mr.Donnelly; 1 slot per 4 people, lOx 20, Mr,Singer; What is it today? Mr.Donnelly; The same. The site. plan at that hearing shows parking slots 9 x 20, With 9 x 20 them come out with more, Mr.Sweeney: I think to answer that question, does the variance stand - if the original variance had said maximum and minimum numbers, it would be different, It didn't say that. As far as the use of'the building goes, it is not necessary for us to come back in here. Mr.Henderson: We are all at a very big disadvantage. None of us sat on this original hearing. Mr. Singer: You use the phrase - it is agreed sufficient. I would be reluctant to make a judgement to say what is there is safe and adequate for the public. Mr. Sweeney: That is not what you think - that is the thinking of the police and fire chiefs to think of. They made that decision, not you people. Mr. Singer: I read the Board was granting a variance for use only. They said you could use it for this providing you comply with all other requirements. Mr. Sweeney: I didn't read the decision that way. Mr.Henderson: How many spaces are there now? Mr.Sweeney: 1300 - no more room... Motion by Mr. Singer not to sign the letter submitted. No second. Motion by Mr. Singer to deny. No second. Motion by Mr. Oman to have them come in with a parking plan. No second. Motion by Mr. Singer to not sign letter of agreement as submitted. Seconded by Mr.Renkainen. Mr.Oman: When this happens, if voted not to sign in its present form, no one else will sign I guess.. If he is given a site plan of 1800 spaces... Mr.Donnelly: I will sign. It is entirely possible that with the revised layout, they can fit 1800 cars in there. Mr. Oman: By us not signing this, it doesn't stop anyone else from signing. It doesn't stop them from coming back in to us. Mr.Sweeney: If we came back, do we have to show the original area had enough parking for 5,000, and the additional area had enough for the rest? Mr. Oman: The selectmen have the right to give parking permits in the town. Mr. Singer: The then Board considered whatever the coliseum wanted in regard to parking. Mr.Sweeney: I would like to withdraw my request for this Board to sign this letter then. Mr. Henderson: We accept that. fORM III — DESNINED PON USE MTN COMPANION # III OLbO-Mf ENVELOP[ J .IETSETS—NEW ENGLANO IUS/NESS .CIVICS INC.. FOWISENq MASS. 61460 T February 17, 1981 URGENT BOARD OF SELECTMEN Executive Secretary Town of Yarmouth SOUTH YARMOUTH, MASSACHUSETTS 02664 TO Fire Chief PoItce Chtef Building Inspector John Newton Ed Donnelly MESSAGE oar o ppea s DATE FRE NO. _ ATTENT/ON Sue✓Ecr _ ❑ SOON AS POSSIBLE ❑ NO REPLY NEEDED Letter of Agreement with the Coliseum I have been informed that the Coliseum has asked you to sign a letter of agreement with them. This letter should not be signed until I have reviewed it and your response along with Town Counsel's approval. If you have any questions concerning this please see me. i d Robert •�`Lawtdfi, Jr. SIGNED — Executive -Sec retard— REPLY DATE OF REPLY. SIGNED SENDER., DETACH-THIS'YELLOW COPY FOR YOUR FILE. MAIL WHITE AND'PINK COPIES WITH CARBONS ATTACHED. �I r- 1 ARDITO. SWEENEY a STUSSE ATTOANETf AT LAW WlOT TA.MOUTM• MA00. 020)l LETTER OF AGREMENT TO THE: BOARD OF SELECUIEN TOT4N OF YAMOUTH, MASSACHUSETTS RE: CAPE COD COLISEUM GENTLEMEN: Pursuant to the vote of the Board of Selectmen at your. regular meeting on January_27, 1981, please be advised as follows: 1.) The Management of the Cape Cod Coliseum acknowledges the following votes of the Board. A. That the requirement for the town to screen and approve rock concerts before they appear at the Cape Cod Coliseum has been re.-noved. B. That the Coliseum management shall use its best judgement to decide when and in what quantity beer and wine shall be served during rock concerts. C. That as a general practice there should be no more than one, possibly two, rock concerts per week with no back-to-back concerts on holiday weekends, i.e. July 4, Labor Day. Changes to this practice may be made with the approval of the Chief of Police. D. That upon the hereinafter described agreements concerning admission, seating and parking limits within the town by-laws, there will be reserved admission for all "rock" concert events. Coliseum Management Datd 2.) That the Coliseum Management has met with the Building Inspector, Fire Chief, Town Surveyor, health Officer, Police Chief, Town Planner, and Board of Appeals; and that the following agreements have been reached relative to occupancy and parking limits for all events: A. That by agreement with the Building Inspector and Fire Chief, building occupancy shall be a maximum of 7,200 persons, which may inciude.no more than 2,400 standees subject to the following: 1. The Coliseum Management agrees to provide the Building Inspector an engineers certifi .relative to the inspection of the fire esca every five years. 2. The Coliseum Management shall provide the building inspector and Fire Chief a floor plan showing exit availability for all standees. 3. The Coliseum Management shall announce at every performance, where standees on the "ICE AREA" are present, the whereabouts of all available exits. TIl. HI21 fT►a! I ARDITO. SWEENEY e STUSSE ATTORNEYS AT LAMS WEST YARMOUTH. MARS. 000T0 TEL. 90171 YMSIS0 Coliseummanagement Fire Department Building Inspector Date Date Date B. That the health Department has reviewed the present status of health and sanitation matters at the Coliseum facility. That the facility presently meets all standards relative to its seating capacity. And that the Health Department has no objection to the present issuance of an occupancy permit, subject to the herein acknowled- gement of the Coliseum Management that they will include in their future planning provisions for two additional water closets and two additional sin) Coliseum Mhnagement Date Iiealth Department Date C. That it is agreed with the Police Department that as a general practice there should be no more than one, possibly two, rock concerts per week with no back-to-back concerts on holiday weekends, i.e. July d_, Labor Day. Changes -to -this practice may me made with the approval of the Chief of Police. oliseum flanagement Police Department Dat Date. D. That the Coliseum Management has met with the Town Surveyor, Town.Planner and Board of Appeals, _and based upon the opinion of the police and fire departments, that the Coliseum parking facility has been and is presently, sufficient and adequate to protect the public health and safety, that it is agreed that there are adequate parking spaces, and access thereto, to accommodate 7,200 occupants. That the criteria for determining said sufficiency and adequacy is based upon the decision of the Board of Appeals, Petition #1077, filed February 10, 1972, wherein at the hearing upon said petition, the question of the sufficiency and adequacy of parking was considered. Further, the decision of said Board of Appeals for a varianc in this matter, would overrule any then existing parking by-lawfprecluding_the necessity of any further appearance before the Board of Appeals relative to parking. oliseum'llanagement Town Surveyor Town Planner .?lia/ff Date Date Board of Appealst Chairman Date a l TOWN OF YARMOUTH BOARD OF APPEALS Appeal No. 1077 Cape Cod Cubs, Inc. January 13, 1972 Members of Board of Appeals present: Harold Hayes, Kenneth H. Studley, Robert Sherman, Morris Johnson, Eldredge Shaw. The Chairman called the meeting to order and read the petition. All -.abutters were notified by Certified mail and the necessary correspondence was made in the Cape Cod Standard Times and the Dennis -Yarmouth Register. Mr. Hayes:. This is a request for a variance and/or approval and/or a special permit, to allow the use of the premises in an industrial area for a collesium for professional hockey and related public service uses. The property is located on Whites Path, So. Yarmouth and on Assessors map #a7- N7. Edward C. Mendler,Jr., Atty. for petitioners: This is a Mass. Corp., holding a franchise in the Eastern hockey league. We are asking permission to build an ice collesium. This place will have certain other uses including some municipal services. In the Industrial district, the use for the hockey arena is not specifically spelled out. It is an unusual use. We need only to ask for special permit, but we are being cautious and have also applied for a variance. We relieve all the criteria are met for the granting of a variance. The hockey arena on this site would he most beneficial to the immediate environments. There is over 21 acres here. Adjacent to this site, a site of about the same size, the Buzzards Bay Gas Co. plant which supplies the gas to the entire surrounding community. The arena will require extensive refrigeration equip- ment. The major source of power for this equipment is.gas, and this site being will ensure us of continued supply of gas. Whites Path is a 601 wide way. There are no nearby abutting properties that would be affected by the use of this site for a hockey arena. The site plan provides for a circular traffic flow. 2 access ways, going around the arena. The parking area and the arena itself use up only a fraction of the land. The remaining land can be used for other services or additional parking if needed. There would be a hardship if this property - could not be used for this purpose since the Buzzards Bay Gas Co. itself is interested in having a customer on this land of which will be a substantial user of gas;, also if we had to find another site with less readily available gas for refrigeration. The Gas Co: is a subsidiary for Lowell Factors, who are the owners of the property here. We have a contract to purchase this land from them. This would be a real boom for the Town of Yarmouth. Everyone involved in this Corp. are present, if you have any questions. Mr. Williams, Project manager: We would like to put this team on ice by September. We have some plans available for anyone to look at later. The building is a very pleasing one; 46,000 sq. ft.,105 ft. wide 280 ft. long, capacity to seat 5,000 people. There will be some theater type seats and some similar to Schaeffer Stadium. 6'-team.rooms for local teams and also two larger for the Cubs and the visiting team. The ice rink fcVrgome 5,000 seats, is basically what this is. Mr. Pillion: 'kbat is the cost going to be on this project? Mr. Williams: About 1.5 million dollars, including the land. Mr. Pillion: What do you expect for income on this? , Mr. Williams: I think Mr. Terrio.rthe Treas. could answer this. Mr. Pillion: How much water will you use in a year? Mr. Williams: On a gallon basis we can't really put a number on it. It will depend on how much skating will take place. Once the ice is made, it will be year round ice.We did consider the 1 A07Z . Wage 2 - possibility of putting our own well on the site, if we do become a substantial water user. Mr. Pillion: You will be open year round, and will you employ someone to keep law and order - do you expect the town to do that? Mr. Williams: I think we will have private security forces as well as town, for the events at the building. Mr. Pillion: Will there be parking for the 5,000 cars? Mr. Williams: The zoning law requires a ratio. of 4-1 on parking. Mr. Gillette: I think it is a great thing to do something for our young people. I have some concern with the refrigeration equipment and the noise. Will this be outdoor equipment and will it make a noise? Mr. Williams: The refrigeration equipment will be housed within the building. The only exterio piece of equipment will be the evaporator condensors. They make a noise similar to that of a power lawn mower. These are not running continuously. When the ice is up and the temperature in the building is right they will not run. The noise is like a whir in the air. Mr. &illette: Would you class tho noise as being similar to an air conditioner? Mr. Williams: 'I can hear a hum in here now, which is like an air conditioner, and it is pretty quiet. Yes, it would be similar to this. Mr. Crosby: You appear to be vague with the amount of water - so you have a minimum figure? Mr. Williams: No, we don't. There is a 12" main on Whites Path with 60 lbs of pressure. - -Initial needs are about 300 gallons to make ice and resurfacing ice during the day, 4 or 5 times would be about 50 - 100 gallons each time. Mr. Crosby: What is the area of the ice? Mr. Williams: 851 x 2001. If we anticipate being a larbe user of water we will have our own well. We have made test pits. There is water down about 201. Mr. Crosby: How much gas would you use? There is a shorAage of gas for heating purposes, too. People are very worried aaout this. Me. Williams: We would not be'using as much as a shopping complex uses, like the Cape Cod Mall. We ar8 half the size of them. The gas company has made information available to us that they can more than adequately supply us and still have enough for everyone. Mrs. Halunen: One of the advantages I suppose to this is the value to the young people in the community. How often would it be available to them? How much will it cost.us? Mr. Williams: There will be 40 home games by theprofessional hockey team. Mrs. Halunen: How much for public skating and our teams? Mr. Williams: I can't say how much it will cost. Mr. Terrio can answer that. Mr. Terrio: Most definite'y we will make -available for all these. The taxpayer wontt pay any- thing here unless they come and participate in anything in the building. From 2:00 in the afternoon up to 7:00 in the evening it will be open. It will be open to the youth from Dennis ' and Yarmouth fit'st. This is during the school season. After that time other towns can come in. It will be $50 per hour, based on what is going on now on the Cape. Buildings as large and as accomodating as ours in the cities get $60 to $75 per hour. I have lived in this town all my life. I have 9 children. There is no expense to the taxpayers here. We are well -schooled on what we are doing. Everything is under control traffic wise. We will have teams coming from all over - North Carolina, St. Petersburg, Syracuse, Utica, New York, New Haven, etc. We will pay the police and will have as many as is needed. It will cost the town nothing. It will be used in the evening; 40 games a year, another 10 or 12 events in the building in the nature of where the audience will participate. This is a participant building. It will be an ice plant - we will have ice 11 months a year. Youngsters 6 years old and up will use this building. It will be a minimal use of water, 111 thick surface of ice. We put a skim coat of hot water on 5 tires a day. The events will probably last 22 hours at the most, so there will not be a great need of the toilet facilities there. We are hiring the finest people in the area for the sanitation. All the investors have lived here most of their lives. We will do nothing to injure ourselves or the town of Yarmouth's reputation. Mr. Pillion: Will you have a soft drink bar or any other kind? Mr. Terrio: There will most definitely be a soft drink bar there. We don't need the other kind to make this thing a good venture. Mr. Chicoine: I like what is going on here. Carol Fuller: Can we ever have the Ice Follies or anything? Mr. Terrio: We have no intention of closing the building for a show of this nature. They will never come to our building. It is too small. They will never go to buildings under 10,000 potential seats. We will have what is known as "down time", when the building will be closed to E; �epait%the .equipment and resurface the painting of the lines on the cement floor. This will be done in lath May or June. There will he no ice for that period of time, but this will be the onl reason for no ice. The building will never he used for more than 6 to 8 hours. This will be for something like a dog show, a food fair show, etc., something of a community nature, a civic nature. ?lever for more than one day at a time. We would go right back to ice again the very next day. Mr. Benjamin Finn, Pres. Hone Om ers Assoc.: We heard the whole plan last week. The majority of our group, almost 90% are very much in favor of this hockey rink. Mr. Eager: I want to be recorded for the Board of Selectmen of being in favor of this. Mr. Connolly: I would like to be recorded in favor. Hearing closed. n THE COMMONWEALTH OF MASSACHUSETTS ................................. ARAIOUTii........ CITY OR TOWN BOARD OF APPEALS February--1 y.................................. 19 72 NOTICE OF VARIANCE Conditional or Limited Variance or Special Permit (General Laws Chapter 40A, Section 18 as amended) Notice is hereby given that a Conditional or Limited Variance or Special Permit has been granted To..I.orate Owner or Petitioner Address ...... 95-nermimac.-Streat.......................................... City or Town ....... LQ11el1.s... Uasf3.aChU.*.(;=1..... Q1859........................................................ Identify Land Affected Property --- looat-ed--or}--Whites---Path-1---Sow-- Yarmouth}--Mass-.---02-66h--and--- ZIXX shown on assessors map at sheet 87 as parcel M-7. by the Town of ............ Yarmouth ............................................... Board of Appeals affecting the rights of the owner with respect to die use of premises on. -.14hit43s---Pa-th•-------------------------------------------------South..YaLmouth-r--%Sass-aGhuset-ts•... 02664 street City or Town the record title standing in the name of Lowell Factors.....Inc................................. whose address is ... 95--14arximac... Street ------- Lowell ------------------ Massachuso-tts----.01850 Street City or Town State by a deed duly recorded in the...... Barristahla.......... County Registry of Deeds in ZX& ,Iqx ...............r ......---...........................................Registry District of the Land Court Certificate No..33388----.............. XMTX............NO X fi K............... Documagt No, 90471 The decision of said Board is on file with die papers in Decision or Case No ..... 1D.7.7......... T.3' p in the office of the Town Clerk.... Yaxmauth............................................................................... Signed this ............ day of ................................................ MC 1972 Board of Appeals: 1MROLD..L...Ii11YES.,...J.R................................Chairman Board of Appeal ...............Clerk Board of Appeals ..................19........ at .............. o'clock and ................................ minutes ....M. Received and entered with the Register of Deeds in the County of ................................ Book ........................ Page. ATTEST Register of Deeds Notice to be recorded by Land Owner. FORM 1094 H0666 & WARREN. INC.. REVISED CHAPTER e12-1962