Loading...
HomeMy WebLinkAboutDecision 3645TOWN OF YARMOUTH BOARD OF APPEALS DECISION YARNjr)IJTH TOVIN �'i. =RK 2001 AN. 3 PH 2 30a i FILED WITH TOWN CLERK: January 3, 2001 RECLi v E_D PETITION NO: 03645 HEARING DATE: October 12, 2000 and De ber 14, 2000 /-J PETITIONER: Hyannis Marine Service, LTD PROPERTY: 11 & 21 Arlington Street, West Yarmouth Map: 28, Parcel: 17 (23/QIA) Zoning District: R25 MEMBERS PRESENT AND VOTING: David Reid, Chairman, James Robertson, Joseph Sarnosky, Diane Moudouris, John Richards, Roger Tuttle, Alternate first hearing only. It appearing that notice of said 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 to the public by posting notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. The property in question is an existing Marina, and related businesses, on a lot which overlays the town line with Barnstable. In Barnstable it is an allowed use. However, in Yarmouth it is located within a residential zone. It is, however, a lawfully pre-existing non -conforming use in the zone. The petitioner now proposes to expand the "structures" in two respects; 1) to add a second story to an existing storage building located near the center of the lot, and 2) to extend the basement storage. area of the principal structure into an underground storage structure, to be located beneath the existing adjoining parking lot, both as shown on the Site Plan of Weller & Associates, dated August 4, 2000, Sheet S-1. The proposed underground storage (5040 square feet) would be located beneath the present grade of the parking lot. It would be accessible from the basement of the adjoining building and via a ramp labeled "access to underground building" on said site plan. It would be used for storage of merchandise and equipment. No customer accessible areas nor any parking of automobiles will be involved. No machine shop or repair shop will be located in the underground area. The ground level surface will be returned to its present grade after construction and parking spaces will be located above. Site drainage will be provided in compliance with the bylaw. The petitioner also proposes to add a. second floor to the adjacent existing storage building. The upper level will be used solely.for storage of product and equipment for the existing marina business. No customer areas will be added. The addition will include a second floor (no third floor is proposed or allowed. No expansion of the restaurant or related businesscs will be included or affected -1- Finally, the petitioner seeks to replace two existing signs. One is the existing "Hyannis Marina" lettering attached to the large curved -roof building. This would be replaced with a round "Hyannis Marina" sign, shown in the petitioners presentation as -exhibit #10. Second, at the entrance off of Arlington Street, between the main building and the Tugboats's building, the petitioner proposes a free standing post sign, not more than 12' tall and not more than 18 square feet in area, to be located at the right side of the driveway; bpproximately 5' back from the street (shown in the petitioner's presentation as "entrance sign #2". Concerns were expressed (in person and by letter) by the neighborhood for the further expansion of this business_and its impact upon the adjoining residential neighborhood. The one proposal, with which the neighborhood does seem to agree, is the additional signs to better direct traffic to the appropriate locations/businesses on the site. 1. Concerns -were also expressed by the Board for the underground storage area. The petitioner assured the Board that it would not be within the flood plain, and would be designed and constructed to conform to all applicable building, fire and engineering standards. Additionally, all hazardous materials will be stored withing appropriate beans and containment areas to avoid environmental risks. The Building Department also expressed concern for the further expansion of this "business", since there exists unresolved questions as to the occupancy limits which exist and/or which have been previously permitted by the Board. In particular, the occupancy levels of the Tugboats Restaurant and its associated decks and lounge areas, as expressly authorized by prior Board of Appeals decisions, do not conform to the occupancy limits established by the Board of Health, nor to the apparent seating and occupancy capacity determined by past on -site inspections. After extensive discussion, it does not appear that past decisions of this board have expressly authorized the expansion of this business to the current levels. While some of the occupied areas may be "grand -fathered", and some may have been implicitlyauthorized by the issuance of building permits, this Board does not appear to have addressed or authorized the level of occupancy currently in place. Nevertheless, the Board feels that it is unable to fully resolve this issue in the context of the present petition. However, this occupancy level is significant to the overall assessment of the site, because it, in part, dictates the traffic and pedestrian impacts which remain of concern to the Board and the neighborhood. The majority of the Board finds that the presently proposed alteration of the structures may be allowed, without themselves causing substantially greater detriment than the existing structure and their uses. The proposal will allow for more indoor storage of materials and equipment presently stored outdoors on site. No additional employees or traffic will be generated. No additional customer trpffic or use will be added. However, the Board also finds that the site is very congested, and especially considering its non -conforming status, observes that it has apparently reached its limit for development and expansions. Therefore, a motion was made by Mr. Richards, seconded by Mr. Samosky, to grant so much of the application as requests a Special Permit for the expansion of the second floor of the existing storage building; for the construction of the underground storage facility, and for the replacement of the two (2) signs, as proposed, upon the following conditions: _ -2- 1) the freestanding sign shall be as proposed, in the above reference sketch, 2) the attached second sign shall not exceed 7 in diameter, 3) the second floor addition will be for storage and warehousing for the existing business and existing products and materials only (the ground level use will remain storage and warehouse use, as it presently is), 4) the underground storage facility will be considered a "building^ for building coverage purposes and calculations, it will be properly engineered before construction to assure compliance with all building, fire, and environmental standards, including drainage calculations and design to assure bylaw compliance. 5) the underground facility will not contain any mechanical repair shop, 6) the petitioner will comply with the requirements and recommendations of the Fire Department's and Hazardous Waste Inspector's memorandum and 7) the Board leaves unresolved, for now, the issue of the legal occupancy limits of the restaurant/lounge facilities, but requires that the petitioner, within 30 days, t submit to the Building Commissioner floor plans and detailed seating and occupancy calculationswith details and documentation sufficient to demonstrate that the levels of occupancy are lawfully approved or . existing, for zoning purposes. If the Building Commissioner is not sufficiently satisfied with the documentation of these levels, either he may take appropriate -enforcement measures or the petitioner may return to the Board of Appeals for relief so that the issue is clarified. Mr. Reid, Mr. Richards, Mr. Samosky, Mrs. Moudouris voted 'in favor of the motion, Mr. .Robertson did not participate in the vote. The Special Permit is therefore granted. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL c4OA section 17 and must be filed within 20 days after filing of this noticeldecision with the Town Clerk. Unless otherwise provided herein, the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw § 103.25, MGL c4OA §9) Unless otherwise provided herein, a Variance shall lapse if the rights authorized herein are not excised within 12 months. (See MGL c4OA § 10) David S. Reid, Clerk Board of Appeals -3- �VIYAVIZ a - CERTIFICATION OF TOWN CLERK I, George F. Barabe, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals decision #3645 and that no notice of appeal of said decision has been filed with me, or, if such appeal has been filed it has been dismissed or denied. :D• +��4�: oaf George .: Barabe Town Clerk Clerkcertification.wpd BARNSTABLE COUNTY REGISTRY OFDEC-OS ATRUE COPY, ATTEST JOHN F.ldEApr. RESISTER PARNSTABLE REGISTRY OF DEEDS