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HomeMy WebLinkAbout01.11.22 Summary of Reasoning Ryan Family AmusementsLaw Office of Singer & Singer, LLC 26 Upper County Road P. O. Box 67 Dennisport, Massachusetts 02639 RECEIVED JAN 12 2022 BOARD OF APPEALS Andrew L. Singer Tel: (508) 398-2221 Marian S. Rose Fax: (508) 398-1568 www.singer-law.com Myer R. Singer (1938-2020) Yarmouth Board of Anneals 1067 Rt. 28, South Yarmouth SUMMARY OF REASONING Ryan Family Amusements, Inc. [the "Applicant"] leases the property at 1067 Rt. 28 in South Yarmouth [the `Property"]. The Property, which is located in the B-2 Zoning District, is a commercial building in which the Applicant operates an entertainment business including a bowling alley, party area, food service (including alcohol) and arcades. The Applicant has secured a lease over the entire building and seeks to establish an expanded entertainment use in the central portion of the building, leaving the area formerly used as Daggett's Liquor's retail space vacant at present. The Property is conforming as to size (124,060 square feet existing, 20,000 square feet required) and conforming as to frontage and all setbacks except one side setback (15 feet required, 0.1 feet existing). The footprint of the building will remain un- changed and all work will be limited to interior work. The new entertainment uses in the expanded area would include corn hole and axe throwing. The arcades presently offered in the existing space would also be moved into the expanded area and a party function area will replace the existing area devoted to arcades. Additional bathrooms, a prize booth and a service bar would be located in the expanded area as A well. The Applicant's work on the building will be entirely interior work. There will be no change to the footprint of the building and, as such, the Building Commissioner has determined that no site plan review is required for the proposed project. Under the Yarmouth Zoning By -Law, Use Regulation Schedule, 202.5, N (amusement and recreation services), bowling (M), amusement arcades (N7) and other miscellaneous amusements and recreational uses (N11) may be permitted by special permit granted by the Board of Appeals. Here, the current entertainment uses are pre-existing nonconforming because in the existing space, no special permits for the existing entertainment use were secured because the use was in existence prior to the requirement of a special permit. To secure entertainment uses into the expanded area, the Applicant must secure approval by special permit of the Board for both the arcade use and the miscellaneous amusement and recreational use. In reviewing the special permit request, the Board may grant a special permit it if finds that the proposal will not cause, create, or contribute to any undue nuisance, hazard or congestion and there will be no substantial harm to the established or future character of the neighborhood or Town. The Applicant respectfully submits that the proposed expanded entertainment use complies with the special permit criteria as shown be the following: 1. The Property will continue its pre-existing nonconforming entertainment use (in that no special permits for existing entertainment use were secured and the use was in existence prior to the requirement of a special permit). The proposed expansion of entertainment uses in the central area of the building are contemplated and permittable in the B-2 District and are similar in nature to the existing entertainment uses; 2. The proposed new entertainment uses: corn hole and axe throwing, were granted an entertainment license by the Select Board by unanimous vote in November 2021. The liquor license has been approved by the Select Board and is under review with the Commonwealth at present; 3. The Applicant has paid particular attention to the design and safety of the axe throwing venue. The Applicant's will designate employees to orient players as to rules and manner of play prior to play and an assigned employee will monitor play in the area when games are active. Players will be able to choose from a variety of target games which will be laser -projected onto the target areas. Players will reserve playing time by the hour. The axe throwing area is accessible by one secure entrance and is separated from the rest of the facility by heavy gauge steel dividers. The area will include four target lanes and seating for waiting players. Player must be eighteen or older. Active players will be separated from other players by a back of lane divider. Only one active player per lane will be allowed in the throwing area at a time. The careful design and construction of this area will ensure no undue hazard to the community. The expanded entertainment use will be of benefit to the community; 4. The proposed renovations will have no impact on the exterior of the building and all exterior aspects will remain as they are with the exception of a proposed change in signage which will be brought before this Board at a later date; and fr 5. Again, as all renovations are interior renovations, there will be no negative impact on water supply or the environment and no work will be done within the sensitive areas on site, if any. For the above reasons, the Applicant respectfully requests that the Board find that the special permit criteria are satisfied and grant a special permit for the proposed work as shown on the submitted plans.