HomeMy WebLinkAboutcorrespondence 51922 5/19/2022
The Town Hall of Yarmouth R E_ " E D
Attn:Building Department MAY 2 3 2022
-j
1146 Route 28
BUILDING uEPARTMENT
South Yarmouth,MA 02664 By.
Dear Building Department,
I am writing to you to ensure the safety of citizens and preservation of our historic route 6A.Currently,the front
area of 173 route 6A(Lighthouse Keeper's Pantry)is being used as outdoor dining area.A common definition for
outdoor dining is the use of an adjacent,outside area by a food or beverage establishment for the same eating and
drinking activities that occur within the establishment.
A permit search revealed that this area was never approved for this purpose.In 2018 the patio was approved by the
Old Kings Highway committee through an exemption,there is no mention of furniture or dining in the application.
There is also no record of a building permit for this construction.
This original application construction should have been brought before the committee and open to the public for
comment since this was a major change in the visual appearance of the property and the fact that a patio is not
included in the acceptable exclusion criteria.
Secondly the area was not permitted by the building department to ensure safety.This might be acceptable for
residential properties,but an area is open to the public;safety is first.I am not sure if the town can truly state it is
safe for public use.By missing the permitting step,the construction material and building methods etc.have been
missed.
In the front of the patio area is a grassy space that is also being used as outdoor dining. There are Adirondack chairs
and tables for customers to use.Again,this falls under the category of outdoor dining.
Just down the street Grill 43 has an outdoor dining area that appears to have the correct permits and reviews by
various departments. They submitted a plan which includes a safety barrier of large stones to prevent cars that are
pulling into the parking area from varying off course and crashing into unsuspecting guests.
At 173 route 6A there are no such barriers.The situation is almost identical to Grill 43 but without safety barriers!
Vehicles drive off route 6A into the parking only feet away from customers sitting and eating without the proper
state and local approved protection from cars.
All town's department's first mandate is to public safety. I don't believe this area is currently safe for anyone sitting,
eating or dining.An argument might include this is not a dining area,but I believe a reasonable person would
conclude that it is.
Also,before any chairs,signs,tables were placed on the patio or grassy areas for business use,a plan should have
been submitted to the town for approval.The town would have insisted on the various local and state laws being the
standard and the various committees,including public discussion before the OKH committee,could have occurred.
Imagine if this goes unchecked?Every food or beverage business would do the same;set up an area for outdoor
dining without proper checks and balances,because it was allowed at this address.
I am writing this letter anonymously because of the political battles that are upon our small,wonderful village.I am
requesting that this area is closed for outdoor dining and seating until required permits have been issued and
committees have given approval after needed public discussion.
Safety is first. I believe that we all must play by the same set of rules and the transparency in government is essential
to build and maintain public trust.
Thank you
Anonymous