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HomeMy WebLinkAbout228 Route 28 Previous Decisions 5019, 4208, 633e� N �Url� T i— FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY OWNER: PROPERTY LOCATION: TOWN OF YARMOUTH BOARD OF APPEALS DECISION July 3, 2023 5019 June 22, 2023 Maria Curtis dba Lightning Speed Go -Karts A Plus Real Estate LLC 206 Barnstable Road, Hyannis, MA 228 Route 28, West Yarmouth, MA Map 37, Parcel 148 Zoning District: B-2 Title: Book 34148, Page 87 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Dick Martin, Jay Fraprie, and John Mantoni Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Cape Cod Times, the hearing opened and held on the date stated above. This matter came before the Board on June 22, 2023, after having earlier hearing dates of May 11, 2023 and May 25, 2023. The petitioner, Maria Curtis who does business as Lightning Speed Go -Karts, with the property location of 228 Route 28, West Yarmouth, Massachusetts, which property is in a B-2 zoning district. Specifically, the petitioner seeks relief from the buffer tree requirements of the Zoning Bylaws and"or to change the use to an N-I 1 use at the location, so as to accommodate the petitioner's use of the property for a go-kart business. At the final meeting of the consideration of the petition, the petitioner appeared, and spoke well, as did Kieran Healy of the BSC Group, and Bradley Dunkin, sound consultant, Cavanaugh Tocci. Over the course of the three meetings, many people spoke, mostly in opposition to the petition. Though residential properties do abut the property, which is the subject of the petition to its rear, A TRUE COPY ATTEST the Board also considered it via an abutting property consisting of a hotel and guest accommodations, the desired hours of operation by the petitioner, the traffic this business would cause at all hours of the day, and at a very busy location, the likelihood of persons across the street from the site to walk dangerously where there is no crosswalk, and the sound that the business would generate. As well, the Board considered the petitioner's efforts to abate the sound in particular, make the layout of the track safer, and improve the parking lot at the site. Considering these various factors and others, which were heard, the Board felt the matter should come to a vote, despite the petitioner's request to withdraw the petition without prejudice. The request to withdraw the petition was denied. The Board then proceeded to the merits of the petition, and, after substantial discussion, the members agreed that they could not support the relief sought as the buffer trees requirement would not be waived, nor would the Use Table change to an N-I I use be approved. A roll call vote was taken on a motion made by Mr. Igoe and seconded by Mr. Fraprie, to approve the petition as presented, to which each member of the Board voted "nay" to the motion. Accordingly, the petition was denied. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after filing of this notice=`decision with the Town Clerk. Steven DeYoung, Chairman CERTIFICATION OF TOWN CLERK I, Mary A. Maslowski, 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 #5014 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. All appeals have been exhausted. 5—�a- X4&vAte - Mary A. aslowski JUL Z 5 2023 A TRUE COPY ATTEST: L 2023 YARMOUTH OWN OF YARMOUTH TC)�'i �' FRK BOARD OF APPEALS DECISION d%7 INQli 20 FA 4* 14 " ►►1 M�� RECEIVED FILED WITH TOWN CLERK: November 20, 2008 i PETITION: 04208 HEARING DATE: November 13, 2008 I PETITIONER: Zhang Zi Qian dba Cape Cod Super Buffet PROPERTY: 228 Rolo 28, West Yarmouth Maki'&'Parcel: 0037.148 Zoning District: B2 j If MEMBERS PRESENT AND VOTING: David S. Reid, Chairman, Joseph Sarnosky, Sean Igoe t R nie Hamman and Diane Moudouris, and John Richards, Alternate. f It appearing that notice of the hearing has been given by sending notice to the petitioners and all lofthose owners of property deemed to be affected thereby, and to the public by posting notice of e hearing and published in The Register, the hearing was opened and held on the date stated above. r The applicant seeks a Special Permit from bylaw §411, 1LO.A.D. in order to construct an additional commercial retail building on the existing site. Prior to the commencement of a hearing on the merits, the petitioner requested of the Board leave to withdraw this petition, without prejudice. Since no objection to the request was made, a motion was made by Mr. Sarnosky, seconded by Mrs. Moudouris to allow the petition to be withdrawn, without prejudice. The Board members voted unanimously in favor. The petition was withdrawn without prejudice+ David S. Reid, Cleric Board of Appeals i 1 I 1 j t i Ikw om ms op PAUL R. TARDIF, ESQ. ! 1490 MAIN SIREN YAti11tOUTiI POR•1'. MA O 75 0" 3627199 fax sOff-kaid-flaw cam Vantstrdiflawcom Eider to Fite W6 I November 3, 2008 Terry Sylvia Yarmouth Town Planner , 1146 Route 28 r South Yarmouth, MA 02664 ! David S. Reid, Chairman Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 Re: Zhang Zi Qian — Dollar Tree project REQUEST TO WITHDRAW REQUEST FOR RELIEF Dear Mr. Sylvia and Mr. Reid: As you know, this office represents Zhang Zi Qian, the owner of the property at 228 Route 28, West Yarmouth, Massachusetts, and the applicant under the Revitalization Overlay Architectural District bylaw for the construction of a new building to house the Dollar Tree. I am writing to inform you that my client has authorized me to request that we be permitted to withdraw, without prejudice, any pending requests for relief before your Boards. Please advise if MY personal appearance is necessary in order for you to act on this request. I certainly thank you for your assistance in this matter.' j Very Truly Yours, 'Paul R. Tardif cc: Zhang Zi Qian oy om­ �u I TM OF YARMOUM BOARD OP APPEALS Piled with Town Clerk: AUG 81• 968 Hearing Date: June 20, 1963 11 Tuly 1111 1963 Petitioner: Presalde Realty Trust Petition #633 Rtbert A. Metz Trs: DECISION The -petitioner requested permit to allow the maintenance of presently existing signs at the Rooster Restraunt, Albert A. netz Tra., located on the northerly side of Route 269 West Yarmouth; hembers of Board of Appeals present: - Harold L. Hayes Jr. Albert E. Webb Alexander Catto Kenneth H. Studley H. Stuart Ryder It appearing that notice of said hearing'has,been given by sending notice there-' or to the petitioner and all those owners of property deemed by the Board to be affectesi thereby, . and that public notice of such hearingbnlFP g bean given by i publication in the Cape Cod Standard Times on 5/30 & 6/6/63, the hearing was opened and held on the date first above written. The following appeared in favor or the petition: Atty. John Hart representing �resalde Realty Trust The following appeared in opposition: None Reason for Decision: It appeared at the hearing that the petitioner is the owner of a restaurant an Route 2$, West Yarmouth, which was formerly known as "Dannyls" The same premises wars in prior years known as the "Silver Sea Horse," It appeared from the petitioner that there was a rooster on the building which the building inspector said was a sign. This did not in any way appear to detract from the building but there was no evidence offered at the hearing to indicate it was other than 'a .sign, There also appeared in evidence a photc,16Taph which was filed by the petitioner which showed the sign in question. It consisted of a standard which was of a rather large size with a large sign on top indicating a rooster and the marquee type of sign which stated, "Openjto 1 Dine 5 10 Star Tony Snell Dance Toga Hall" and attached to the same standard was a further sign which had the lettering, "cocktails food." It appeared at the hearing that two 4 by'6 ft, signs had been previously granted. It did not appear that these grants were made by the Board pt Appeals but rather it was indicated that these signs were approved by a former building Inspector. It was argued to the Board that there was a third sign and that the previous•ownerjhad stated this further sign was 4 by 6 ft. It appeared from the buildingIinspector that the total square footage of the signs involved was some 147 square feet, It was argued to the Board that the existing sign was approximately the square footage of the previously existing signs. I It did not appear at the hearing that the previous signs were in conformity with the zoning law of the Town of Yarmouth, The Board considered all the evidence presented in the most favorable light towards the petitioner's request. However, the Board could not find that a substantial hardship existed to the petitioner as it was clear to the Board that this business o*eration could function without the signs as presently exist an the premises. The Board also found that there was no evidence `to indicate that the previously existing signs � I conformed to the soaring by 1a I of the t(nm of Yarmouth. The Hoard also finds that in the event this request for a variance is granted that other business establishments in the vicinity could rightly feel that they should be treated in thb same manner as was this petitioner and there- fore that they could reason to this Hoard that previously illegal signs should be given consideration in validating a request for a variance. The Hoard further finds that the intent of, ;the zoning by law stantially derogated from were this request granted Therefore the request for a variance is denied _and it is the joard that the petitioner must aonfotm with the zoning by law of armouth. Members of Board voting: 1(arold L. Hayea Jr. In opposition H. Stuart Ryder ;in opposition Albert Webb ' ixi opposition Ale=ddr Catto in opposition Kenneth H. Studley ifi opposition Therefore, the petition for e4Ppraval is denied. i Kenneth H. Studley Clerk would be nub- ; opinion of this the town of r ) '•'•'�"a a } '•''L'•4 �31.4'J*•�,,, .,'fIp'rr� rYa1J ,/. 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Metz Trs. (Rooster) July 119 1963 Board of Appeals Members' p resent: . Alexander Catto Harold L. Hayes Jr. —Chairman Kenneth H. Studley - Clerk H. Stuart Ryder Albert E. Webb. The petitioner, Preaalde:RealtyITrust, Albert A. Metz Trs., requested a variance from the Board of (Appeals 'to allow the maintenance of presently existing signs at the $ooster on property belonging to Presalde Realty Trust, Albert A. Metz Trs., located on the northerly side of Route-28, West. Yarmoubh. Shown on Assessors 'Mapes #31., Parcel el Wei. Mr.-ga es: The next hearing will be #633. Presalde Realty Trust, Albert A. Metz Tra., who has requested a variance to allow the maintenance for the • presently existing signs. 'Calls on petitioner. Att . John Hart: I represent the petitioner and I would like to submit pictures or the sign that is in question. Mr. Hayes: What are the - s i'z a of the signs? Hart: Well, there is,a Ufference of opinion between.Mr. Fruean and myself as to the size ofthe signs. ' Mr. Fruean has had the town engineer compute the size of the sign from the ground gp the supporting pillar around, and back down. Mncluding the whole sign. Mr. Gobin the previous owner was given permission to erect this which is still the same size. Points out signs -in -pictures. TTais 'Board granted a variance previously to maintain two signs in addition to the present one. Each sign 41 x 61 for a total of 3 signs in, all. Mr. Gobin' said the sign was no larger than 41x 61. If we accept Mr. G3bin's word that would mean that Mr. Metz is entitled to 72 sq' of sign. When Mr. Gobin received that variance he proceeded with pe3shifiBion of some other sign inspector and when Mr. Metz took -it over it was literally swamped with signs. He removed all of these and constructed this one. The total size of the sign is'72 sq• if you measure them end to and and not in- clude the pillar. Thisjsig' is in keeping with the size of the building and the size of the parking lot: The Rooster is not a flasing neon•sign and is in good taste. I Mr. Ha es: Does this petition include the Rooster on top of the roof? r. ruean: It is a sign: Afty. HOUT We admit that it is a sign and that it be included along with e others, Mr. Fruean:2 I had the town engineer measure it and he comes u with 147 s . an a Rooster 46 sq. ft. Previous owners were granted.2 4q = x6f sign and An additional sign. Mr. ayes: Let's make sure we have this right now. They were granted 2 !�.* x s giiSand a sign on the gable end of the building.. Att7_.__Hart: That's right and it was said that -it wasntt over 41 x 6". TOWN OF YARMOUTH BOARD �f OF APPALS Appeal No. 633 ! Presalde Realty Trust Albert A. Metz Trs. (Rooster). July 11, 1963 Mr. Fruean: The previous inspector made the best agreement by could • and e was to take down two.'doubled faces signs. Atty. Harfl There was seahorse on the pillar. You cansee the outline. or it in these pictures;' this was before it came up for approval. The Rooster was added after Mr. Metz took ,over. , Mr. FrueanY Before this was just a plain building but by adding the Rooster It makes-iT a sign becauselit states in the laws; any device pertainingA business is a sign whether,it is an ice cream cone or a bannana. Mr. Hayes: Mtere would you say the violation is? . Fruean; The Rooster on top of the roof, signs advettising the food part of it, Moo the sign is 'too close to the highway. He could have 21 sq; fte but held have to be baok 18'. Atty. Hart: His predese'ssors had a permit to erect 2 41 x 6' sign for a total of ' of sign space. Then Dan Zuchero took title,and an agreement was made with a sign Inspector. Therefore, I feel that Mr. Metz should have the right to maintain 72 sq. ft. Mr. Ha es: Whht if this had to be moved back? AttT. • This what;put up by Mr. Qobin at the time the transaction was made witH a previous sign inspector and it was a rather.expensive thing and would be moreso at thisitime. Mr. Hayes: Can the Rooster on the top be taken off? Attya Hart: This would be expensive and he has the previous permit for the or si gn space. I Mr. Hayes:- We still have the problem of the 347' which Mr. Fruean'says. ruean: The \sign says Rooster now, next year it will say Rooster RestEr-a-u-n-Ew jt will tend to grow. Even it will appltr to the pillar, once you start lettering it,iit becomes a'sign. Atty. Hart: Mr. Fruean'slstatement isn't consistent. He says it wasn't a sign but yet there was a seshorse on it before. We could move thin -onto the roof, and maintain justjthree signs. The Rooster Ke.will admit we are in violation on that. Mr. Fruean: Do.ydu intend to light that Rooster? Atty ar : No, it isn't lit now. r. 5a es: Anyone else'who would likb to be heard on iiiis hearing. In that case we will takelit under consideration and you•will be notified. Hearing closed.