ZBA Approves BBC Parking Lot Plan to Include Off-site Spaces at the Lot on the Corner of Grand Avenue and Falmouth Heights Road

On April 14, 2011, Falmouth Properties LLC (BBC) met with the Zoning Board of Appeals (ZBA) to present their new parking configuration, which was opposed by three members of the community but approved unanimously by the ZBA.

Here are the unofficial conditions:

1.  Between May 16 and October 14, there will always be 6 parking spaces in the parking lot behind the BBC designated and marked for restaurant use only.  There will also be 16 spaces available at the parking lot on the corner of Grand Avenue and Falmouth Heights Road (Kelly Lot).  The attendant at the BBC lot, who will be present whenever the restaurant is open, will fill the 6 spaces and then give others a placard with directions to the Kelly lot, 45 seconds away by car with a 3 minute walk back.  The remaining 23 spaces in the BBC lot (24 if they reconfigure the lines) will be reserved for motel clients.  If the motel is not full, the attendant will be notified and allowed to park more restaurant clients in the BBC lot.  It was a BBC business decision to keep one local parking space per motel room rather than relocate motel clients to the Kelly lot.

2.  Between October 15 and May 15, there will always be 16 parking spaces in the BBC parking lot designated and marked for restaurant use only. 

3.  After one year, this will be reviewed by administrative decision.  In other words, in one year, the BBC will meet again with the ZBA at an Open Hearing.  The ZBA’s Zoning Administrator will present her report, including any complaints.  The ZBA will then decide if the process is working and may make it permanent.  The BBC will not need to re-apply for a variance to their special permit.

4.  There is a 20 day appeal period, starting April 14, during which anyone may file an appeal to the ZBA.  During that time, the BBC must file a new plan for the spaces showing which will be designated as restaurant parking.

5.  Signage announcing the new plan, including restaurant spaces being available at both the BBC and Kelly lots, will be worked out between the BBC and the Zoning Administrator.

6.  A copy of the agreement between the BBC and Kelly will be filed at the ZBA.

Howard Grosser strongly opposed this plan and Winifred Grant and Andy Dufresne expressed concern that the restaurant (and music) clients will create a nuisance to the neighborhood as they walk back to their cars in the Kelly lot after the BBC closes at 1:00 a.m.  An employee of the BBC replied that most overflow  parking at the Kelly lot will be from the dinner crowd which thins out later at night.   Mr. Grosser called this a disaster for the neighborhood. 

Unfortunately, we learned the next day, because the BBC is only renting spaces from Kelly, there is no legal requirement to notify “abutters” along the walking route, which includes Central Park Avenue, across the ball field, Echo Avenue and parts of Crescent and Grand Avenues. 

Most unfortunately, the BBC did not submit their plan to the ZBA a week before the Open Hearing, as requested but not required, so the FHMIA and others were unable to review it before the meeting.  As a result, there were no neighbors present who live along the walking route.

It was also unclear how late at night the Kelly lot will be attended. 

The FHMIA board hopes this new plan will work, but fears that already disturbing late-night noise from the Heights beach area will permeate further into the neighborhood.  We encourage anyone whose peace is disrupted late at night to complain to the police by calling them at 508-457-2527