HomeMy WebLinkAboutDecision 3688TOWN OF YARMOUTH
BOARD OF APPEALS y/,,,R�MiOUT H
DECISION
77;"YI0 r F�1!3-
FILED WITH TOWN CLERK: May 10, 2001
PETITION NO: #3688
HEARING DATE: April 26, 2001
PETITIONER: Hyannis Marine Service, LTD/Tugboats, Inc.
PROPERTY: 11 & 21 Arlington Street, West Yarmouth
Map: 28, Parcel: 17 (23/Q1A) Zoning District: R25
PRESENT AND VOTING: David Reid, Chairman, John Richards, Joseph
Sarnosky, Richard St. George, Sean Igoe.
It appearing that notice of said hearing has been given by sending notice thereof to the petitioner
and all those owner; 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 petitioner seeks a Special Permit in order to allow the expansion of a pre-existing non-
conforming use. The property is located in a residential zone, but houses the Hyannis Marina,
including related subsidiary businesses. The business in question is a restaurant/lounge, known as
Tugboats.
The business has been in operation for some time, and the site has been before the Board on
numerous occasions in the past. At its last consideration (involving unrelated construction) it
came to the attention of the Board that the enlargement of this "use" to the current levels of
occupancy, had never been addressed by the Board, directly. A Special Permit has been issued
for an expansion of the budding, and building permits had been issued for the construction of the
decks, but the expansion of the `use" itself had not been covered. Since that last hearing, the
petitioner has met with the Budding Commissioner, and they determined that . the lawful
occupancy level of the restaurant, for zoning purposes, is 260 persons. This was based upon prior
decision of the Board, with allowances made for expansions for which zoning enforcement is no
longer possible. However, the actual occupancy, in recent years, has been up to 324 persons.
The petitioner represents that he has secured the necessary building permits and Board of Health
permits each year for such an occupancy leveL This number includes 254 seats, plus room for 70
persons standing in the waiting area. The petitioner presented his own testimony, plus letters
from numerous neighborhood residents, alluding to the fact that the current levels of occupancy
have not in fact produced detrimental effects upon the community. He represents that parking is
adequate on the site, noting that this is only a seasonal business.
4-
No physical alterations are presently proposed, nor is there any actual increase in the occupancy
proposed. The petitioner seeks only to legitimize the existing level of occupancy. The petitioner
represents that he has worked with the Fire Department to address safety concerns, including
having a better security patrol system on site, which will be mamtaioed. The season of the
business will not be expanded (Le. April 15 through Columbus Day weekend in October).
Members expressed concerns for allowing any further expansion of this non -conforming use and
site. If the petitioner were now seeking to expand from 260 to 324, the members would not be
inclined to agree to such an expansion of the use. However, given that the use already exists, and
has existed for several years, with no significant adverse impact being apparent (from the
expansion, per se), other members felt inclined to allow the status quo to remain, as if it had been .
authorized at the time of the expansions. However, the members expressed their belief; as stated
in the previous decision, that this site, located in a residential neighborhood, has reached its
maximum level of use, and that no further expansion would appear to be appropriate.
A motion was made by Mr. St. George, seconded by Mr. Igoe, to grant a Special Permit under
§ 104.3.2 (4), to allow the current level of occupancy of Tugboats to be up to 324 persons, based
upon the representation of up to 254 seats and staring room of up to 70 persons (as
approximately set forth in the seating chart filed by the petitioner with the Board). This level is
allowed for zoning purposes only, and the Board does not purport to pass upon this occupancy
level in terms of Health, Building, or Fie Safety authorizations. Mr. Reid, Mr. Sarnosky, Mr.
St. George and Mr. Igoe voted in favor of the motion Mr. Richards voted against the motion
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 c40A 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 §1032.5, MGL c40A §9) Unless otherwise provided herein, a Variance shall lapse if the
rights authorized herein are not excised within 12 months (See MGL c40A § 10)
David S. Reid, Clerk
Board of Appeals
-2-