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HomeMy WebLinkAboutDecision #3788 10.24.2002A Bk 15951 P0259 1�105045 11-21-2002 a 10=39u TOWN OF YARMOUTH v a. BOARD OF APPEALS DECISION � C ' ' -I FIN 1= llb FILED WITH TOWN CLERK: November 1, 2002 PETITION NO. #3788 HEARING DATE: October 24, 2002 PETITIONER: St. David's Episcopal Church PROPERTY: 205 Old Main Street, South Yarmouth Assessors Map: 51, Lot: 38 (45/P11) Zoning District: RS40 MEMBERS PRESENT AND VOTING: David Reid, Chairman, John Richards, Diane Moudouris, Joseph Sarnosky, and Forrest White. 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 petitioners seek a Special Permit and or a Variance in order to be relieved of the requirements of an upgrade of its parking facilities, in connection with the construction of a new parish hall on the property. The site is located within the RS40 zone. . The site contains approximately 4.7 acres of land.' While originally two lots, the petitioner agrees that they have long ago merged into a single lot for zoning purposes. The Site Plan Review Team has reviewed the matter. The proposed use and building construction are allowed and conforming. The site presently has 99 parking spaces available. According to its calculation of parking demand, only 92 spaces are required for the existing structure and uses. Pursuant to bylaw §301.3.1 the Site Plan Review Team unanimously agreed to waive the need for additional spaces based upon the occupancy limit of 274 for all site uses. However, should actual parking demand exceed expected demand, additional space may be required and shall, at the time, be constructed in compliance with the bylaw unless further relief is granted. As to the existing parking areas, the front portion is paved the rear portion is gravel. Pursuant to Board of Appeals decision #1782-1981, the petition granted relief from the requirement of pavement for this rear lot area. No changes to the curb cut or driveway separations are proposed or reasonably available. No alteration of the existing parking lot is proposed except that the handicapped parking spaces shown on the petitioners plan located in the rear parking area, closest to the new hall, will be paved and lined in conformance with the bylaw requirements. 4 1 ek isssi P9260 ; 10SO48 The petitioner represents that the nature of its uses are such that the sanctuary and the new hall will never be fully occupied at the same time. As a result, additional parking is not needed. The existing parking facilities reportedly have worked well for the site. No one spoke in opposition to these representations or proposals. Further, the cost to upgrade the parking lot, with buffers, trees and related improvements would be prohibiting expenses and could jeopardize the ability to build and operate the hall The hall will be used for church and, church sponsored (non-commercial) activities. The petitioner agrees to abide by the recommendations of the Site Plan Review Report and the Engineering Department, except that it prefers not to incur the expense of an ANR plan to formally merge the lots at this time. The petitioner represents that the sanctuary was built in 1969, and both lots have been owned and used as one lot at least since that time. The petitioner concedes that they could not now separate the lots, in terms of use or ownership and therefore they are already merged and a plan is unnecessary. The petitioner represents that the trash collection facilities will be enclosed within a solid wooden structure to be located near the new hall. The Board finds that the Special Permit may be granted, to relieve the petitioner of the requirement of further upgrading of the parking facilities, at this time, especially in light of the mandates of c. 40A §3. The petitioner agrees to return to the Site Plan Review Team for further review upon any change of use or further expansion, alteration or construction. Therefore, a motion was made by Mr. Richards, seconded by Mrs. Moudouris, to grant so much of the petition as requested a Special Permit, to allow the construction of the Parish Hall, and to utilize the parking facilities, as shown on the petitioner's site plan dated April 19, 2002, revised August 23, 2002, on the condition that the use is restricted to the current use and uses, that the petitioner voluntarily return for further Site Plan Review upon any further expansions, alterations or new construction and comply with the Health and Fire Departments requests (Site Plan Review report), except that no sprinkler system for the entire hall is required unless otherwise mandated by the appropriate fire codes, the new handicapped parking spaces will be paved and lined, as represented, and the petitioner will file with the Board a sketch plan, demonstrating that additional parking could be constructed on site, if required in the future, and on the finding and condition that the original two (2) lots that comprise this site shall be considered to have merged and become one lot for all zoning purposes hereafter. The members voted unanimously in favor in favor of the motion. The Special Permit is therefore granted. The petitioner requested to withdraw the Variance request contained in its petition. A motion was made by Mr. Richards, seconded by Mr. Samosky, to allow the withdrawal of the balance of the petition without prejudice. The members voted unanimously in favor. 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 §103.2.5, MGL c40A §9) Unless otherwise provided herein, a Variance shall lapse if the rights authorized herein are not excised within onths. (See MGL c40A § 10) David S. Reid, C erk 7 EXISTING PARKING EXPANSION AREA �. •+� ayyl — ti d L---J FUTURE PARKING PLAN JOB# 01-350 DEMONSTRATED NET PARKING EXPANSION OF 125 SPACES = OCCUPANCY OF 375 ADDITIONAL PERSONS. PARISH HALL OCCUPANCY DESIGNED FOR 150 PERSONS, MAY BE LIMITED BY POSTING PLAOUE LOCATION : 205 OLD MAIN STREET (SOUTH) YARMOUTH, MASS. SCALE : 1" = 100' DATE : 10-29-02 REFERENCE ASSESS. MAP 51 PCL 38 �y�iOF DANIEL� off 508-362-4541 A� .' fa. 5W 352-9880 OJALA "' I #40980 down cape engineering, inc. ACIVIL ENGINEERS 1 /Z—� � LAND SURVEYORS ------------ ------- �S---/---- t93a main st. yarmouth, ma DATE REG. LA SURVEYOR