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HomeMy WebLinkAboutDecision 2912BY: DECISION OF THE ZONING BOARD OF C'•' "OF'THE TOWN OF YARMOUTH, MASSACHUSETTS Case No. 2912 AL 3 () SM 3130 A9:hs Application filed with Town Clerk on - May •20, 1992 Hearing ��d��yyate: June 25, 1992 Petitioner Hyannis Marine Service, Ltd. and Wayne Kurker Mail Address: 21 and 29 Arlington Street, Hyannis, MA 02601 Application: Application for (a) for Special Permit under Section 104.3.2 of the Yarmouth Zoning By -Law and (b) Petition for Variance from the terms of the Yarmouth Zoning By -Law Sections 202.5; 203.3; 203.5; 301.4- 301.7; 303.3.1.2; 303.4.2-303.5.1 to allow: •1. An addition to main building of approximately 572 square feet for sales office and window display. 2. An addition to main building of approximately 1800 sq.ft. for parts department, work area and storage. 3. An addition of approximately 850 sq.ft. over existing flat roof portion of building. 4. Re - dormer of second floor which will result in additional 168 sq.ft. of space. 5. An expansion of existing second floor deck to relocate bar area and to allow for cover for protection from weather. 6. An addition to basement area. 7. Relocation of existing grandfathered free standing sign to be at property line and upgrade existing signs and for additional name/building signs. 8. No. 29 Arlington Street, which is the sole means of access to business zoned land in Barnstable, to be used as access to said Barnstable land and for marina/water dependent uses. 9. 'For existing business(es) and uses, buildings and parking areas to continue to be used and maintained generally on the property at Arlington and Willow Streets for marina and boat yard purposes and to pave existing parking lots. In addition the Petitioner requests such other relief as the Board deems meet and just and, to the extent necessary, that the Board waive strict compliance with the requirements of its rules and regulations. Property and The application is for the property and structure Location: located at 21-27 and 29 Arlington Street and Willow Street and parcel adjoining 29 Arlington Street, being Assessor's Map 16 Parcels A-1, A-2-1 and A20 and Assessor's Map 23 Parcel Q-lA and 0-2. Em PUBLIC HEARING Pursuant to Massachusetts General Laws, Chapter 40A, and the Zoning By-law of the Town of Yarmouth, notice of a public hearing to be held on Thursday, June 25, 1992 at 8:00 p.m. at the Yarmouth Town Hall, Route 28, Yarmouth, MA was published in the Yarmouth Sun and Yarmouth Register. Notice of said hearing was also posted in a conspicuous place in the Yarmouth Town Hall and was mailed to all interested parties, abutters and abutters to abutters of•the premises as certifed to the Board of Appeals by the Town of Yarmouth Assessor. The hearing was held on June 25, 1992 and taken under advisement by the Board of Appeals for a decision on June 29, 1992. Members of the Zoning Board of Appeals who were present and sitting at the hearing were: Leslie Campbell, Chairman, David Reid, Joyce Sears, Jeanne Bullock, and Fritz Lindquist. The hearing began by the reading of the legal notice of the hearing and by announcing the order and procedure of the meeting. The Applicants were then invited to make their presentation. Wayne Kurker and Attorney Myer Singer were present for the applicant. Site, and building plans and drawings were presented and explained by Attorney Myer Singer and Wayne Kurker. A summary of facts supporting the petition including a copy of the relevant portion of the Town of Yarmouth Assessor's Map and Town of Yarmouth Zoning By - Law Provisions, plans of the land, the Town of Yarmouth Site Plan Review Team's comments and other supporting information were reviewed. Mr. Singer and Mr. Rurker explained, either in their initial presentations or in response to questions, that Mr. Kurker and Hyannis Marine Services Ltd. were requesting permission to'alter or extend several different sections of the marina buildings and for use of the land adjoining the marina property in conjunction with business zoned land in the Town of Barnstable and future docks to be constructed. The hearing was opened for questions from the Board members and for comments from the general public either for general comments and questions and for persons who wished to speak in support or in opposition to the application. There were comments from Michael Jacobson of Willow Street, Peter Kavorkian of 59 Park Avenue, Richard Wade as President of the Hyannis Park Association, Carolyn Fenton of Railway Bluffs, Eleanor Bill and Patty Bill both of Hyannis Park, all who spoke in opposition to the application. John Newton, Stephen David, Richard Peckham and Robert Fitzgerald, Mr. Fitzgerald acknowledging that he is an employee of Hyannis Marina, all spoke in favor of the application. Correspondence the Board of Appeals received from several Town departments and an abutter was entered into the record. The Building Inspector and Sign Inspector answered questions regarding the application and their respective areas of expertise. 2 y� FINDINGS AND DECISION On the basis of the evidence submitted to the Board of Appeals including all supporting plans, drawings and documents, and the written and oral reports of Town officials, and after due consideration of the concerns and comments of the several people who spoke or wrote in opposition to the application, the Zoning Board of Appeals for the Town of Yarmouth finds that: 1. The Hyannis Marina is•located both in the Towns of Yarmouth and Barnstable. That portion of Hyannis Marina that exists in the Town of Yarmouth is a non -conforming use with non -conforming structures. The portion of Hyannis Marina that is in Yarmouth is within a Residential Zoning District. 2. The several alterations or extensions to the marina buildings that are requested and the change in signs will result in an improved appearance of the marina, its buildings and signs. The site will appear less cluttered in the summertime with more inside storage space available. 3. The Board finds that none of the requests, either individually or collectively, will be of substantial detriment to the community. In fact, all of the requests will be in concert with the Yarmouth Waterfront Planning Groups and Planning Board's concept that land adjoining the Town's waterfront areas be used for water dependent purposes. 4. The Board finds that with each of the requests and with all of the requests collectively there will be no new odors, sounds, visual pollution or environmental concerns created. S. The Board finds that the requested addition of approxi- mately 572 sq.ft. to the main building to be used for a sales office and window display will make the exterior view of the building more attractive and will result in' less visual pollution in that an electric wire serving the building will be placed either underground or inside the building and removed from view. 6. The Board finds that the addition of approximately 1800 sq.ft. to the main building for parts department, work area and storage and relocation of the boat racks to the south of the building will improve the traffic flow at the site and in the roadway adjoining the site in that it will, among other purposes, provide for a place for delivery trucks to have a separate area to access the main marina building away from the main customer entrance. K 7. The Board finds that the addition of approximately 725 sq.ft. over the existing flat roof portion of the building that presently contains the electronic shop will result in the building being more attractive from a visual point of view. The Board also finds that the addition will allow for the relocation of a use that is presently on the first floor of the building to be moved to the new second floor portion of the building. It was represented by the Petition and the Board finds that the present use on the first floor of the building is not a water dependent use and can be conducted on the second floor of the building and allow for the first floor space to be used for a more water dependent use such as boat repair, storage and sales. 8. The Board finds that redormering the second floor of the building that contains the Tug Boats Restaurant, which will result in an additional 168 sq.ft. of space on the second floor of the building, will allow for a more efficient interior floor plan, will not be unattractive from the exterior and will not be detrimental to the community in that it will not extend beyond the present side wall or footprint of the building. 9. The Board finds that the expansion of the existing second floor deck used in conjunction with the Tug Boats Restaurant will provide for the relocation of the bar area, will facilitate the construction of a cover for protection of customers from the weather and will generally provide for a more efficient and comfortable area for restaurant guests. The relocated bar area will not result in any adverse effect on the neighborhood. 10. The Board finds that an addition to the basement for storage and work area will provide for inside storage of boat stands and jacks in the summertime. Such inside storage will make for a more attractive boat yard in the summer season. In addition, the Board finds that the inside storage of material that is presently stored outside will allow for more efficient and improved parking. 11. The Board finds that an addition of 145 sq.ft. to the kitchen for a more efficient work area and for storage in that it will not extend beyond the existing outside edge of the stairway that leads to the second floor, and because it will not block anyone's views to the water, will not result in a substantial detriment to the neighborhood or the community. 4 12. The proposed moderization of the site and the-alteiations, -extensions and changes•to the buildings that are proposed will not be substantially more detrimental to the neighborhood than the existing structures and uses in that there will be no new or increased impacts on the community beyond the existing non -conforming buildings and uses either in the areas of sight, sound or environmental protection. In addition there will be improved visual appearance and improved traffic flow and delivery service which will result in 'improved safety for the community. 13. The Board finds that requests for changes to the existing signs at the Hyannis Marina to the extent they result in the need for variances to the sign code can be allowed only to the extent recommended by the Yarmouth Sign Design Review Board with the exception that the relocation of the existing grandfathered free standing sign at the inter- section of•Arlington Street and Willow Street, which sign is presently within the road layout, can be relocated to the Hyannis :farina property and be located on the property line provided it is no greater that 18 sq.ft. in area. 14. With reference to the requests for a variance to allow the land shown on Yarmouth Assessors Sheet 16 as parcels A-21 and A-20 that adjoin and connect the portion of the Hyannis Marina property that is located in a Residential Zoning District in the Town of Yarmouth and a portion of land that is zoned for commercial purposes in the Town of Barnstable, the Board finds that said property has unique characteristics that result in a hardship to the Petitioner. 15. The Board finds that the marina is on approximately 5 acres of land and that the Town line of Barnstable and Yarmouth splits the land. The Barnstable side is zoned for marina and other water dependent uses. The land in Yarmouth is zoned'residential. The Board finds the land in question is unique because it is the Petitioner's sole means of land access to a portion of its land in the Town of Barnstable. The lack of any other land access results in a hardship to the Petitioner and the Petitioner's inability to use his adjoining land renders it much less valuable. The Board also finds that the conditions that especially effect the Petitioner's land do not effect generally other land in the zoning district. There would be substantial hardship to the Petitioner in denying the requested variance as the denial would prevent the Petitioner from reasonably using his land in the Town of Barnstable for the purposes for which it is zoned. with the conditions hereinafter imposed the Board finds that the granting of the variance for said parcels A-21 and A- 20 would be without substantial detriment to the public 5 good without nullifying or substantially derogating from the tent or purpose of the zoning Bylaw. Tkkat Board• reached this conclusion based upon the information presented to the Board which the Board finds as a fact that parcels A-21 and A-20 are the Petitioner's sole means of land access to the business zoned land in the Town of Barnstable. The Board finds that granting of the variance will extend a reasonable use to the Petitioner and not be overburdening the neighborhood. 16. It is the opinion of the Board of Appeals that those matters set forth in a report dated June 23, 1992 to Robert C. Lawton, Executive Secretary from Forrest E. White, Inspector of Buildings, regarding Hyannis Marine insofar as -it sets forth various business uses that are made on the site properly sets forth true facts regarding the Hyannis Marina property. 17. The petitioner represented he would landscape around the perimeter fence so as to help conceal the existing chain link and wire fencing from the abutting residential neighborhood. CONCLUSION It was moved and seconded that the special permits for the alterations, additions or extensions to the buildings as outlined above in Findings numbered 5, 6, 7, 8, 91 10, and 11 be issued for the property as shown on the plans filed with the -Board entitled "Site Plan of Land for Proposed Parking Layout Prepared for Hyannis Marine scale 1" = 20' dated May 4, 1992 revised May 11, 19920 May 18, 1992 and June 10, 1992 sheets 1 and 2" prepared by Weller and associates, 714 Main Street, P.O. Box 11:, Yarmouthport, MA 02675. The vote of the individual members of the Yarmouth Zoning Board of Appeals on the application for the special permits as set forth above in Findings number 5 through 11 is as follows: Leslie Campbell : in favor; David Reid in favor; Jeanne Bullock in favor; Joyce Sears in favor; Fritz Lindquist in favor. It was moved that the requested variances for changes to the signs at the property be granted only to the extent recanrended by and as outlined in a memo to the Board of Appeals from the Sign Design Review Board, dated April 28, 1992, with the exception that the free standing sign at the intersection of Arlington and Willow Streets can be relocated to the Petitioner's property line provided said sign is no greater than 18 square feet in area. The vote of the individual members of the Yarmouth Zoning Board of Appeals on the motion for the variance is as follows: Leslie Campbell in favor; David Reid in favor; Joyce Sears in favor; Fritz Lindquist in favor; Jeanne Bullock opposed. It was moved and voted that a variance be issued to allow the Petitioner's land shown on Assessor's Map 16 as parcels A-21 and A- 20 to be used in conjunction with the marina as a means of access to the parcel of land in the Town of Barnstable that adjoins said parcel A-20 on the conditions that so long as said parcels A=21 and A-20 remain zoned only for residential use: that the existing house and accessory residential parking on Parcel A-21 remain and be used only for residential purposes; that no more than six (6) motor vehicles for boat yard purposes can be parked on the property and are to be parked to rear (waterside) of lot; that the driveway on said parcel A-21 and the remainder of the Hyannis Marine property; said parcels A-21 and A-20 not be used for storage nor boat hauling or launching nor as a means of main access to the marina property from Arlington Street by marina customers; and a plan showing said driveway and the location of a fence and gate on the boundary line of Lot 17.21 be submitted to the Yarmouth Fire Department so as to assure adequate access of emergency vehicles. The vote of individual members of the Yarmouth Zoning Board of Appeals on the requested variance is as follows: Leslie Campbell in favor; David Reid in favor; Jeanne Bullock in favor; Joyce Sears in favor: and Fritz Lindquist in favor. David S. Reid,C Board of Appeals c a •O T r