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Home My WebLink AboutPrevious Decisions 2975, 2746, 2356, 2172TClWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: -. :, C (�3 MAR -8 A 4 '.33 PETITION NO: 2975 1UWW CLi.RK Z, IFtEASUI.f:lc a PETITIONER: Donald Dumont/The Outdoor Shop, South Yarmouth, MA HEARING DATE: February 25, 1993 PROPERTY LOCATED AT: 50 Long Pond Drive, South Yarmouth, MA and shown on Assessor's Map 36 as Parcel N3. PETITIONER REQUESTS: A special permit under section 202.5, H4 to transfer Class I license from 188 Route 28 to 50 Long Pond Drive. Also requesting Class II license for 50 Long Pond Drive (6 cars for auto sales). MEMBERS OF THE BOARD PRESENT AND VOTING: Leslie Campbell, Chairman, Fritz Lindquist, David Reid, Joyce Sears, Jeanne Bullock 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 that public notice of such hearing having been given by publication in the Yarmouth Sun, the hearing was opened and held on the date first above written. The petitioner requests a special permit (§202.5) to authorize him to add a used car sales business to the existing "Outdoor Shop" (sales and rentals of snowmobiles, rmpeds, etc.) at this site. Used car sales (use H4) is allowable'by special permit in the Limited Business zone. The site is designed for two businesses, but the larger unit of the building is presently vacant. The petitioner possesses a Class I dealer's license, and will be requesting of the Selectmen a transfer to this location and a transfer to Class II. He will limit his business to not more than 6 vehicles for sale at any one time. (It was noted to the petitioner at the hearing that truck sales would not be allowed in the Limited Business zone). The petitioner stated that this used car business would be only an incidental business, secondary to the existing outdoor shop business. The site presently has 35 parking spaces unstructured. The adjacent business, Pear's Restaurant, was allowed to utilize 17 of them for its business, due to the fact that the restaurant's peak business was at night when the retail/comrercial use was at off-peak levels. The petitioner's added use would appear to require either additional parking availability on his site or some relief from the parking by law requirements. No such relief is requested by this petition, though the issue was brought to the petitioner's attention by the Site Plan Review. The Board will accordingly take no action on the parking issue at this time, as the parking is adequate for these two businesses (the other unit being presently vacant). - on the requested special permit, given the proposed limitations of not more than 6 automobiles offered for sale at any one time, and that the sales business will be only accessory to the.existing business, the Board is satisfied that the petition may be allowed without causing undue nuisance, hazard or congestion to the neighborhood and without causing substantial harm to the established or future character of the neighborhood. Accordingly, a Notion was made by Mr. Reid, seconded by Mrs. Bullock, to grant the special permit for use H4, on the conditions that there be no more than 6 automobiles on site at any time in connection with this use (H4). The Board members voted unanimously in favor of the Notion.' The Special Permit is therefore granted. No permit shall issue until the passing of 20 days from the filing of this decision with the Town Clerk. David S. Reid, Clerk Board of Appeals • Cry W c> z -1 C W • 1-7 `..� TOWN OF YARMOUTH x� BOARD OF APPEALS r :� DECISION FILED WITH TOWN CLERK: ' JllN 22 1990 r HEARING DATE: June 14,;--'1990 G� PETITION NO: 2746 PETITIONER: Robert D. Wilkins AKA Robert DiWilkins Property located at 50 Long Pond Drive, South Yarmouth, MA 02664, and shown on Assessor's Map #36 as parcel N3. Members of the Board present and voting: Leslie Campbell, Donald Henderson, Fritz Lindquist, Joyce Sears, David S. Reid. 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 that public notice of such hearing having been given and held on the date first above written. The petitioner requests a Special Permit to allow an existing building at 50 Long Pond Drive, South Yarmouth, to be used as a Billiard Room, under Bylaw 5 202.5 use N4, in an LB (Limited Business) zone. The petitioner also requests, if necessary, a variance to allow a reduction of the required parking spaces as required by S301 of the By-law. The petitioner appeared on his own behalf and was accompanied by Mr. David McNevitch of Coastal Engineering. The petitioner presented various plans of the site, along with photographs of the type of Billiard Tables and establishment that he proposed to operate. The petitioner represented that the establishment would be maintained Alcohol Free, would require a dress code, would not have music or a juke box, would be operated from noon to 1:00 a.m., would not serve food except for machine dispensed beverages and chips, and would not have video games, pinball games, or similar amusements. The petitioner demonstrated that his intended use would involve 15 billiard tables. He would therefore accomodate up to 60 billiard players, an estimated 6 people waiting to play, and up to 3 employees. Based upon the planned occupancy of 69 people, the current parking lot satisfies the parking demand of 23 spaces (35 total spaces being on site and 11 being allocated to the other unit of the building). The Board received correspondence from the Route 28 Task Force, the Site Plan Review Team, the Health Agent (•Bruce Murphy), and the Planning Board. The following persons appeared in favor of the petition: 1) Forrest White (Building Inspector) agreeing with the petitioner's parking demand calculations based on the proposed occupancy limit; and 2) Mr.•Donald DuMont (the owner of the property) indicating that the use of the parking lot by Pear's Restaurant would cease upon the petitioner's tenancy. Appearing in opposition was Mrs. Priscilla Gregory asking a question about the legal age of the customers at the billiard room. REASON FOR DECISION The majority of the Board were satisfied that no undue a nuisance, hazard, or congestion would be created by the proposed use, provided various conditions were complied with, and further that there would be no substantial harm to the established or future character of the neighborhood or town. Therefore, a motion was made by Mr. Reid, seconded by Mr. Henderson, to grant only so much of the petition as requests a Special Permit, upon the following conditions: 1) No alcohol will be permitted on the premises. 2) No music or Juke box will be on the premises. 3) No video games, pinball games, or similar amusement devices will be allowed. 4) No food will be served, except that the petitioner may have coin operated vending machines for beverages and/or chips, and similar packaged snacks. 5) The occupancy limit for the premises shall not exceed 69 persons, including customers and employees. 6) Low Flow toilets shall be installed as requested by the Health agent, and the petitioners shall provide handicapped accessible facilities if the building inspector so requires. On the motion, Mr. Henderson, Mrs. Sears, Mr. Campbell, and Mr. Reid voted in favor; Mr. Lindquist voted against. Therefore, the Special Permit is granted. 0 R :7' ~' r) OCi 2 1 I2av Filed wi h Town Clerk 'e6 OCT 21 P 3 :27' PETITIONER: John Burke •; r '!:" : T 40 Lyman Lane TOYIW CLtn1'% c, 1 i;; ,,5Ji;f.li South Yarmouth hearing Date: Petition No. Sept. 11, 1986. 2356 DECISION The petitioner requested a variance and/or a special per- mit from the Board of Appeals to allow a martial arts studio at 150 Low Pond,Drive #2s South Yarmouth, that will teach karate, aerobics and yoga;..all being.taught as classical art forms; said location being shown on assessor's map number 36 Lot N3. 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 that public notice,of such hearing having been given by publication in The Register. on August 98_ 1O86 and SPRtPmhar 6, 19RA , the hear- ing.was opened and held on the date first above written. The following appeared in favor of the petition: John Burke and James H. Quirk, Jr., attorney for the.petitioner. Reasons for the decision: The hearing was held and the decision was made on Septem- ber 11, 1986 on the request by the petitioner to allow the mar- tial arts studio at the above stated location. .The presentation .included an outline of the proposed classes, their times and length during the week. The presenta- tion also included the average number of potential students, the skill, background and training of John Burke, the petitioner and director of the programs. The location being number 2 at 50 Long Pond Drive, is' -a brand new building which prior to construction, went through Site Plan Review and was constructed in accordance with its approval. The location has the required buffers and it meets the parking and loading requirements of the Town of.Yarmouth bylaws. The Board was further satisfied that the presentation demonstrated that there would be no increase of nuisance, hazard 1 or congestion and that the use would .not be detrimental. The Board was satisfied that .the petitioner required a special permit and not a variance and that the special permit was required to be in conformity with the requirements of the use provisions of the Town of Yarmouth bylaws. No one appeared in opposition from the neighborhood. After deliberation, on a motion to grant petitioner's request for a special permit, the Board voted 5 in favor and 0 in opposition on said motion, the request being thereby granted. Members of the Board voting: David B. Oman, Donald F. Henderson, Leslie Campbell, Fritz Lindquist and Judith Sullivan. All 5-voted in favor of the grant. No member voted in opposition. Therefore, the petition is granted for a special permit for the above stated reasons. No permit issued until 20 days from the date of filing the decision with the Town Clerk. FRITZ LINDQUIST Clerk 0 z; . •� • r - o fir. .�; Ur- c. 1V I TOWN OF YARMOUTH BOARD OF APPEALS Filed with Town Clerk: APR 3 0 1995 RECEIVED Hearing Date: 3/28/85 Petitioner: Donald Dumont 195 APR 30 M 1. 561 Petitione No: 2172 7 Timothy Rd. 9 So. Yarmouth, MA 0J�O� THN DF YARMOUTH �b1-b DECisiMi N CLERK & TREASURER A r The petitioner requested a variance and/or special permit to allow the construction and operation of a "go -car track", construction of a building to be used for mainte- nance, storage and ticket sales, on property located on Long Pond Drive, back to Taffy Lane, and out to Route 28, So. Yarmouth, MA as shown on Assessor's Map#36, being parcel N3 and a portion of parcel B1, lots 3 & 4 in the General Business District. Members of Board of Appeals present: Donald Henderson, Myer Singer, Fritz Lindquist, Judith Sullivan, Leslie Campbell. 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 that public notice of :-hearing.., having been given by publication in The Register on 3/14/85 and 3/21/85, the hearing was opened and held on the date first above written. The following appeared in favor of the petition: James Quirk, Atty for petitioner. The following appeared in opposition: Francis Worrell; Mr. Aho; David Nelan; Richard Martin, with 30 signatures on a petition; Lucille Afilli with 400 signatures opposed; Paul Baxter, Pres. Yarmouth Senior Citizens; Edward Kirk, atty for Lansing Realty trust; Allen Rothman; Ruth King. REASON FOR DECISION This is a request for a variance and/or special permit to allow the construction and operation of a "go -car track", construction of a building to be*used for mainte- nance, storage and ticket sales, on property located on Long Pond Drive, back to Taffy Lane, and out to Route 28, So. Yarmouth. Petitioner submitted a detailed memorandum in support of this appeal and in addition gave a lengthy oral presentation. Eaeh Board member had a copy of the memorandum to review. Aside from petitioner and petitioner's counsel no one was in favor of the appeal. Numerous letters and petitions in opposition were received and many persons spoke against the appeal. Petitioner attempted to distinguish this proposal from the common conception of a go car tracks in general and stated that the proposed use would be seasonal, buffered from ad- joining properties, less noisy than the traffic on Route 28 and a good use for the area. At the conclusion of the hearing the Board unanimously voted to deny the appeal in its entirety. The noise and lack of on site parking would create undue nuisance, hazard and congestion. There would be a further hazard in that children, trying to get to the site would have to cross two busy streets, Route 28 and/or Long Pond Drive. In addition the mix of very young children and older teenagers who would use the facility, as described by petitioner, would in the Board's opinion also be a hazard. No hardship was demonstrated, so no variance can be granted either. Members of Board voting: Donald Henderson, Myer Singer, Fritz Lindquist, Judith Sullivan, Leslie Campbell. Therefore, the petitioner request is denied. Myer R. Singer, Clerk