HomeMy WebLinkAboutEntertainment License 2123 r
TOWNOFYARMOUTH
BOARD OF
rr SELECTMEN
1146 ROUTE 28, South Yarmouth, Massachusetts 02664 LICESNING
Telephone(508)398-2231,ext. 1268,Fax(508)398-2365 ADMINISTRATOR
• Dakota B.Prue.
New Annual All Alcohol License, New Weekday and Sunday Entertainment
License
Date: 2/1/2023 Name of Applicant: David Lawler,
Attorney
Entity Name: Golden Jalapenos Tex- DBA: Golden Jalapenos
Mex Cuisine, Inc
Phone: 631-680-9724 Email: david@dlawlerlaw.com
Property Owner: Golden Jalapenos, Address: 134 Route 6A, Yarmouthport,
LLC 02675
Annual All Alcohol: 7,670 sq. ft. First floor restaurant area, second floor owner's apartment.
Seasonal outside patio. Service of alcohol 12PM-11PM Daily.
Weekday Entertainment: Mon-Sat: 11AM-11PM Summer, 11AM-10PM Winter. Recorded
Music, TV, and Amplification System. Application does not mention outdoor entertainment.
Sunday Entertainment: Sun: 11AM-11PM Summer, 11AM-10PM Winter. Recorded Music,
TV, and Amplification System. Application does not mention outdoor entertainment.
Date of Selectmen Hearing: Tuesday, February 28th,2023
Building Dept. Comments:
Dwelling unit not permitted at this time. Code analysis by a Design Professional required
per 780 CMR ch. 34 IEBC section 104.2.2.1. Upgrades may include sprinkler system.
Outdoor seating will require relief per Petition 4370, condition#6 dated 1/1/2012.
Use appears to meet the definition of a Night Club as defined in 780 CMR. (see attached)
Fire alarm activation will require the fire alarm system to respond as described in Section 430.4
of 780 CMR. (see attached)
All other relevant sub sections of section 430 will also apply.
Signature: Date: /
. •. • Blc 26109. P0164 010377
} 02-27-2012 c1 01=11 c,
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. - .YAR? OUTH TOW CLERK
�s� Q . TOWN-OF YARMOUTH
,'� •p G BOARD OF APPEALS
. p , i•t:i y - - i DECISION 12FEB1P 1°6 IBC .
'. 'f� ' 61
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• FILED WITH TOWN CLERK: 1 February 1,2012
PETITION NO: 4370 .
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HEARING DATE: • January 26,2012
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PETITIONER: Optimist Realty Trust '
PROPERTY: . ! 134 Route 6A,Yarmouth Port,MA
' Map&Parcel:0122.32
. o Zoning District:R-40
Book&Page:20158/12 •
MEMBERS PRESENT AND VOTING: Sean Igoe,Chairman,Richard Neltz,Robert Howard
and Diane Moudonris.
.
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 pursuant to Zoning Bylaw§104.3,in order to extend a pre-
existing
non-conforming use(Use Code H10)in a residential neighborhood. Specifically,the •
Petitioner is seeking to utilize a pre-existing outdoor patio area for food and beverage service for
the restaurant's patrons. The area measures approximately 20'x 28',and is proposed to contain •
. seating forup to 16 customers:'The property is located in the R40 Zoning District. The ?
restaurant use is allowed as a pie-exsting non-conforming use pursuant to prior-Decision#3606, - V
and the Petitioner seeks to alter the use pursuant to Zoning Bylaw§104.3.2(4).
The patio area is located in the front of the existing restaurant structure,closest to Route 6A,and
is located approximately 17 feet from the actual boundary line along 6A and is 24.5 feet from the
easterly abutting neighbor's lot line,and approximately 43 feet from his structure. The Petitioner
will maintain the current seating capacity of the restaurant at 80,but will move 16 of those seats
outside during warm weather months. •
The property currently houses the Optimist Café,a restaurant serving breakfast and lunch,and has
since 2006. The Optimist Café is open daily between 7:00 am and 4:00 pm. The restaurant does .
hold a beer and wine liquor license. The building itself was constructed in 1849 and the lot V
contains approximately 26,000 square feet. There is parking for 28 cars,including 2 handicapped
spaces. Being a corner lot,the building complies with the front•setbacks and one side setback. It •
V sits approximately 14 feet from the abutter to the east,where 20 feet is currently.required. It does 1 •
comply with the remaining bulk requirements,including lot coverage and height limitations. ,
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.,' Bk 26109 Pg 165 #10377
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The easterly abutter appeared:and spoke about the noise and odors associated with kitchen
functions and the restaurant,as well as the outdoor lighting.He objected to the expansion of the
restaurant use to the patio area: Other nearby residents submitted letters in support of the •
proposal as a unique amenity for tourists and residents alike to enjoy the historic character of
•
• . Route 6A while enjoying a dining experience. The Petitioner spoke regarding the type of •
clientele at his establishment,and the nature of his business plan to serve healthy food,with a
positive message. He felt that service on the patio area would be in keeping with this plan;and
. that there was no other part of the property which would be appropriate to make it practical. •
The Board finds that the outdoor seating area is a desirable feature in the area,but expressed •
concerns regarding the proximity of the easterly abutter;a resident;to this added activity so near •
his property. The Board did find that this type of use is now becoming prevalent,and that based
on this Petitioner's business model,and the type of clientele it attracts,that the Special Permit
could be granted,but with conditions to ensure the least amount of disruption to the abutter. In
addition;the Board felt that the hours of operation,being from 7:00 am to 4:00 pm,would •
• eliminate much of the noise issue,and eliminate all of the lighting issues associated with the
. operation. .
•
The Board finds that the Petitioner has demonstrated that the proposal to use the outdoor patio
area for 16 seats will not be substantially more non-conforming and will not be substantialy more
detrimental to the neighborhood,Zoning District or Town•than is the existing non-conforming
use,with certain conditions.
Accordingly,a Motion was made by Mrs.Moudouris,seconded by Mr.Neitz,to grant the Special
Permit,as requested,with the following conditions: •
1) Petitioner shall install a 6 footy w fence:aloe the g common boon with the easterly
• . abutter,from Route 6A and proceeding north to a
point on the boundary where the rear of
-• the Petitioner's structure`is located;
:.2) There will be no music or other entertainment allowed in the patio area;
3) Petitioner agrees to install a "No Smoking" sign near the patio area in an effort to keep
offending odors from wafting to the easterly abutter's property, and in keeping with the
Petitioner's business model;` • - •
4) The patio area will be allowed to be occupied for table service from May 1 until November
., I each year, at which time the tables shall be removed from the patio until the following
•
• year;• ' 1
5) This Special Permit shall be reviewed one year from the date of this Decision, to ensure
that the expanded use is not a detriment to the neighborhood based on tangible and
unaddressed issues between the Petitioner and the abutter;and•
• 6) This Special Permit shall become-null and void in the event.that the Petitioner sells the
property to a new purchaser. • • •
' The members voted unanimously in favor of the motion. •
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780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
2.00: continued
COASTAL WETLAND RESOURCE AREA. Any coastal wetland resource area subject to
protection under the Wetlands Protection Act,M.G.L.c.131,§40,and the Wetlands Protection
Act Regulations, 310 CMR 10.00: Wetlands Protection. Coastal Wetland Resource Areas
include barrier beaches,coastal beaches,coastal dunes,rocky intertidal shores,tidal flats,land
subject to coastal storm flowage,coastal banks,land containing shellfish,lands subject to tidal
action,and lands under an estuary,salt pond or certain streams,ponds,rivers,lakes or creeks
within the coastal zone that are anadromous/catadromous fish runs. See Appendix G for all
construction requirements in these areas.
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DESIGN FLOOD. See Base Flood.
DESIGN FLOOD ELEVATION. See Base Flood Elevation.
ELECTRIC VEHICLE SERVICE EQUIPMENT(EVSE)Level-2(220-240V).Equipment
expressly designed for the safe charging of battery electric and plug-in hybrid electric vehicles.
FIRE AREA. The aggregate area of a building,regardless of subdivisions by fire barriers,fire
walls,or horizontal assemblies.
FLOOD HAZARD AREA. The greater of the following two areas:
1. The area within a flood plain subject to a 1%or greater chance of flooding in any year
. • as identified on a community's current effective Flood Insurance Rate Map(FIRM)or Flood •
Hazard Boundary Map(FHBM),whichever is applicable.
2. If a community has received preliminary FIRM and Flood Insurance Study(FIS)from
FEMA,and has been issued a Letter of Final Determination(LFD)from FEMA,the area
designated as a flood hazard area on the community's preliminary FIRM,and FIS as of the
date of the LFP.
HIGH-RISE BUILDING. A building more than 70 feet in height above grade plane. •
JURISDICTION. The Board of Building Regulations and Standards.
LODGING HOUSE. A one-family dwelling with five or fewer guest rooms where one or more
occupants are primarily permanent in nature and compensation is provided for the guest rooms.
A building licensed as a"lodging house"in accordance with M.G.L.c. 140,§§22 through 31
shall comply with 780 CMR requirements according to its appropriate use and occupancy
classification.
NATIVE LUMBER.Native lumber is wood processed in the Commonwealth of Massachusetts
by a mill registered in accordance with 780 CMR 110.R4. Such wood may be ungraded but is
stamped or certified in accordance with 780 CMR 110.R4.
NIGHT CLUB. An assembly occupancy with a high occupant load density that is generally
characterized by at least two of the : low lighting levels;music generating above-
normal sound levels;nighttime operating hours;tables and seating that create ill-defined aisles;
a specific area designated for dancing; or service facilities for beverages with limited food
service. For night club construction requirements,see Section 430. —
OFFICE. The Office of Public Safety and'Inspections.
OFFICIAL INTERPRETATION.A written interpretation made by the BBRS,under authority
of M.G.L. c. 143, § 94(e), or by the Building Code Appeals Board under authority of
M.G.L.c. 143, § 100 of any provision of 780 CMR,or its referenced standards,except the
specialized codes.
OWNER. Every person who alone or jointly or severely with others(a)has legal title to any .
building or structure; or(b) has care, charge or control of any building or structure in any
capacity including,but not limited to agent,executor,executrix,administrator,administration,
trustee or guardian of the estate of the holder of legal title;or(c)lessee under a written letter
agreement;or(d)mortgagee in possession;or(e)agent,trustee or other person appointed by the
courts. Each such person is bound to comply with the provisions of 780 CMR.
REGISTERED DESIGN PROFESSIONAL. Am individual who is licensed or otherwise
authorized to practice their respective design profession as defined by the statutory requirements
of the professional registration laws of the Commonwealth.
10/20/17 780 CMR-Ninth Edition-34
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780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
4.00: continued
3. provide a minimum net clear opening area 5.7 R.Z. The minimum net clear opening
dimensions shall be 20 X 24 inches in either direction.
429.3 Fire Protection. Smoke detectors shall be required for existing and new residential units
in accordance with Section 907. When applicable,carbon monoxide(CO)detectors shall be
required in summer camps for children. In new construction of summer camps for children,and
• .where applicable,CO detectors shall be hard-wired and interconnected or otherwise be of an
acceptable wireless type and conform to location requirements and listing requirements as set
forth in 780 CMR,527 CMR:Board of Fire Prevention Regulations or 248 CMR:Board of
State Examiners of Plumbers and Gas Fitters,as applicable.For existing summer camps for
children undergoing alterations,additions,etc.,refer to 780 CMR 34.00:Existing Building Code.
For existing day care centers,located on the premises of summer camps for children,CO
detectors shall conform to the requirements of 780 CMR,527 CMR or 248 CMR,as applicable.
Exception: Tents and other temporary shelters which are designed to sleep less than eight
persons and which have an open side consisting of greater than 1/6 of the perimeter of the
shelter or which have built-in provisions for emergency escape.
429.4 Mechanical. If camps are heated,then the building shall conform to all applicable code
sections and specialized codes.
429.5 Enforcement and Inspections. Enforcement shall be by the building official who shall
inspect and certify the summer camps yearly,prior to season opening.
SECTION 430 NIGHTCLUBS
430.1 General. All buildings containing a nightclub with an occupant load 50 or greater shall
comply with the provisions of this section and other applicable provisions of 780 CMR.
430.2 Sprinkler Protection. An approved automatic sprinkler system shall be provided
throughout buildings containing a nightclub in accordance with Section 903.3.1.1.
430.3 Foam Plastics and Interior Finishes. Foam plastics shall not be used in nightclubs as
interior finish except as provided in Section 803.4 and shall not be used as interior trim except
•
as provided in Section 806.5 or 2604.2. This section shall apply both to exposed foam plastics
and to foam plastics used in conjunction with a textile or vinyl facing or cover.
430.4 Entertainment System Response..The activation of any fire protection system element
(signaling system,detection,sprinklering,etc.)shall automatically cause immediate:
1. illumination of all areas and components of the required means of egress, and
additionally;
2. full activation of all other house lighting;and
3. stopping of any and all sounds and visual distractions (public address systems,
entertainment and dance lighting,music,etc.)that conflict/compete with the fire protective
signaling system.
• 430.5 Main Exit. The main entrance egress system shall be sized such that the width of all
required means of egress elements is a minimum of 72 inches(nominal)or as determined by
Section 1029.2,whichever is greater. The main entrance/exit door system shall consist of a pair
of side-hinged swinging type doors without a center mullion and shall be equipped with panic
hardware.
430.5.1 Alternative Egress. The building official may allow an alternative means of
compliance where conditions exist which would preclude the installation of a 72-inch egress
system, This approval is contingent upon the submission of an egress analysis from a
registered design professional which determines that there is adequate means of egress. As
a condition of an alternative egress approach, low level exit pathway marking shall be
provided in accordance with Sections 1024.2 through 1024.5.
10/20/17 780 CMR-Ninth Edition-45