The URL can be used to link to this page

Home My WebLink About2000 Mar 07 - Board of Appeals Decision - Petition #3591 ��-_ TOWN OF YARMOUTH o��Y`�R�`� BOARD OF APPEALS �,; • �'�� 4� DECISION , � , O� _ �;�-3 - � �� MAF TACFt`CSV.� . . .• . _�' �' . � .._ ��Pos�tl�'�i." 'J3i��E5�ZnN� � - _ r, ./ FILED WITH TOWN CLERK: March 7, 2000 G?�J' ;' PETITION NO: #3591 � �� • '; (� � HEARING DATE: February 24, 2000 MAg � 8 �� EAL ..1�.�r'i PETITIONER: James Wolfson dba Camp Wingate Kirkl PROPERTY: 79 White Rock Road, Yarmouthport Map: 106, Parcel: 233.1 (94/D1) Zoning District: R40 MEMBERS PRESENT AND VOTING: David Reid, Chairman, James Robertson, Richard St. George, Diane Moudouris, Robert Reed, Sean Igoe, alternate. 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 petitioner's propose to enlazge their parking area, construct four (4) new camper-cabins, and change the use of the existing building within the camp grounds. The site contains in excess of 40 acres, in the R40 zone, and contains a seasonal camp ground business. The four new cabins will contain sleeping areas and bathroom facilities for campers, but no kitchens or heating. They will be used only seasonally by campers and staff. They will be located over 300' from the nearest lot line. While each cabin is capable of housing 15 campers, past experience indicates an average occupancy of 8 campers plus two staff members (chaperones). The existing "annex" building conta,ins offices, the nurse's quarters, and room for approximately 20 campers. The campers quarters will be eliminated, and the oflice and nurse's facilities will be enlarged. The parking area will be expanded to add 16 new gravel spaces, in order to help accommodate parents vehicles on visiting days. The camp currently caters to children ranging from 7-15 years of age. The camp cycle is 7 weeks long, operating principally between June 20 and August 15. Smaller and more select groups have used the facilities before and after the prime summer season, such as band camps and football camps. The camp has been operated at this location by the same family for the past 44 years. Some neighbors voiced concern for the camp operations in general. Most notable were concerns for parking of vehicles on White Rock Road, and for off premise activities, including drinking by its staff (apparently). The petitioner indicated that the parking problem has been on parents visiting da.y only, and that the new parking lot would hopefully alleviate the problem, The -1- C petitioner had no knowledge of the other problem, but represented that the camp's administration has a strict prohibition on any alcohol being kept or consumed by staff or guests during youth camp periods. Upon examination of the bylaw's "Use Table", §202.5, it was appazent that there is no use category for such seasonal campgrounds. The site plan review team, using the Industrial Classification Manual, determined tha.t the only category which fit was "moteUhotel" use, A7, which is not allowed in the R40 zone. However, some Boazd members felt that this was an ina.ppropriate, even if technically correct, classification. A children's camp ground like this is fundamentally different from the uses and businesses intended to be prohibited by the non- allowance for motels and hotels. Furthermore, the site is over 40 acres in area, the buildings are amply removed from the boundary lines of the site, and from any other dwellings in the neighborhood. The net increased capacity of the camp will be marginal, not likely to generate any increased detrimental impact on the neighborhood. Given the relatively unique nature of the use, and the substantial size of the site, the Boazd does find that special circumstances e�st which would a11ow the construction of these new buildings, and the corresponding increase and re- allocation of the use and activities, without derogation from the intent or purpose of the bylaw, and without being detrimental to the neighborhood or town generally. Accordingly, a motion was made by Mr. Robertson, seconded by Mr. St. George to grant the Variance for the construction of the four new bunk-house buildings, and the Special Pernut for the rearrangement of the use of the annex building, and for the expansion of the camp ground use, as requested, and for the expansion of the gravel parking area, on the condition that; 1) the so called annex building no longer be used for camper quarters (although the nurse's quarters and patient services may remain, 2) no alcoholic beverages be allowed on the premises du.ring time when the camp is operating with children under 21 yeazs of age in residence. (This would not prohibit alcohol on premises during other times, such as wedding receptions, etc, if otherwise lawful). The members voted unanimously in favor of the motion. Appeals from this decision shall be made pursuant to MGL c40A §17 and must be filed within 20 days er the filing of this notice/decision with the Town Clerk. David S. Reid, Clerk -2-