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HomeMy WebLinkAbout5063 21 Arlington St Memo from Attorney Pizzuti for ApplicationTown of Yarmouth Zoning Board of Appeals In re Harbour Club, Inc. ) Appeal # Operating Tugboats Restaurant ) MEMORANDUM IN SUPPORT OF PETITION FOR SPECIAL PERMIT Now comes the Petitioner, Harbour Club, Inc. (hereinafter, "Petitioner") and submits this memorandum in support of its petition for a relief pursuant to Yarmouth Zoning Bylaws. 1. The Applicant and The Property: Harbour Club, Inc. operates a restaurant which does business under the name Tugboats ("Restaurant") located in the town of Yarmouth, Massachusetts having a mailing address of l 1 Arlington Street, Hyannis, MA 02601. The Restaurant has been operating at the property since 1992. The Restaurant is situated on a parcel of land owned by Wayne Kurker, Trustee of Hyannis Marine Service Realty Trust which land is a part of a marina complex. The building and all appurtenances are situated on Parcel 17 shown on Yarmouth Assessor's Map 28. The property is located in an R-25 zoning district. The building in which the restaurant is situated was originally constructed approximately 90 years ago and after various renovations, the building's square footage is roughly 7,600 square feet. The restaurant is permitted for 254 seats, plus room for 70 persons standing in the waiting area approved by the licensing authority. 2. Relevant Prior Relief: Petition No. 3688 (May 10, 2001): Relief was granted to legitimize the existing level of occupancy within the Restaurant to 324 persons based upon the representation of up to 245 seats and standing room for 70 persons. Petition No. 3645 (January 3, 2001): Relief was granted to construct a conforming partial addition within the footprint of the existing building at 11 Arlington Street, including external stairway to house existing property uses and to construct an underground basement storage area beneath the existing at -grade parking area with internal access from the building at 11 Arlington Street. Petition No. 2912 & 2270 (July 30, 1992) relevant relief was granted to re -dormer the 2"d floor that resulted in an additional 168 sq. ft of space that allowed for a more efficient floor plan. Additionally, relief was granted to expand the existing second floor deck which provided for the relocation of the bar area. Petition No. 2832 (June 27, 1991): Relief was granted to approve a wooden sign to be located at the rear of the building, on or near the second floor deck rail and to allow the petitioner to continue to maintain the string lights on the dining level only. 3. Requested Relief Special Permit pursuant to Section 104.3.2 4 (Change, Extension or Alteration The Petitioner seeks approval for the addition of entertainment at the Restaurant. The proposed entertainment will include live music to take place indoors or under cover of the existing awnings. The entertainment will adhere to all other regulations set forth in the Town Bylaws and the Licensing Board. There will be no physical change to the premises whatsoever. The criteria for obtaining a special permit to extend the use of a lawfully pre- existing nonconforming uses is set forth in 104.3.2(4) of the Yarmouth Zoning Bylaws. The Bylaw states, a "lawfully pre-existing nonconforming use may be changed or extended... if it is determined that such change or extension will not be substantially more non -conforming and will not be substantially more detrimental to the neighborhood, zoning district or Town than is the existing non -conforming use." A. Change or Extension will not be substantially more non -conforming A change or extension of use may be considered substantially more non -conforming if it deviates significantly from the original or permitted use of the property. Things to consider when determining if the new use will deviate significantly are the intensity of use, traffic and parking, noise and disturbance, community impact, and zoning regulations. The Petitioner is seeking approval to allow entertainment and live music as an accessory use to the restaurant that is incidental to the primary function of the restaurant and does not significantly change the nature of the Restaurant. Since the 1970's a restaurant has been permitted at the property. The Petitioner is expecting that occasional live performances of one or two musicians will complement the dining experience or a private party. The new use would not involve bringing in significantly more patrons but will enhance their overall experience. Additionally, the new use would not significantly increase traffic or parking demand beyond the typical use of the property. The proposed live music is to take place indoors or under cover of the existing awning as to not increase the noise to the surrounding neighborhood. The proposed use is simply to create an enjoyable dining or private party experience. The Restaurant will be adhering to all regulations for entertainment set forth by the licensing board. Accordingly, the extension of the use will not be substantially more non- conforming than the existing use as a restaurant. B. Change or extension will not be substantially more detrimental to the _neighborhood, zoning district or Town A change or extension to the use of a property should aim to balance the needs and interests of the property owner with the well-being of the surrounding community, while adhering to local regulations. The proposed entertainment will be conducted in a manner that ensures minimal disturbance to the neighboring properties and maintains the overall character of the area. The Restaurant has adequate space and facilities to accommodate the proposed entertainment without causing overcrowding or safety concerns. The Petitioner is not seeking to increase parking or the number of seats at the Restaurant. The entertainment will be taking place indoors or under cover of the existing awning. In addition, the Restaurant will be adhering to all regulations for entertainment set forth by the Licensing Board. Thus, an extension of the use will not be substantially more detrimental to the neighborhood, zoning district or Town. 4. Conclusion Petitioner kindly requests the Zoning Board of Appeals to grant the special permit to allow the addition of entertainment at the premises in a manner that ensures compliance with the applicable bylaws. Respectfully submitted: Harbour Club, Inc. by its aty n y: Ste n izzu 33 Sou Str t Hyannis, 0260 (508) 771-1911 Fax: (508) 790-0800 DATED: October 18, 2023