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HomeMy WebLinkAbout04.08.22 Summary of Reasoning with Exhibits1 Law Office of Singer & Singer, LLC 26 Upper County Road P. O. Box 67 Dennisport, Massachusetts 02639 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 Appeals 1067 Rt. 28, South Yarmouth Summary in Support of Amendment to Petition 4928 The Yarmouth Zoning Board of Appeals issued a decision granting a Special Permit to Ryan Family Amusements to extend an entertainment use into an adjacent area to the existing entertainment use on January 19, 2022. (Petition 4928). The Board, on its own motion, scheduled a hearing to review and to consider revising the landscaping condition included in that decision. The condition of the Special Permit provides that “four 3” caliper trees be planted in each of the two islands in the Property’s parking area and that two additional trees be planted in the buffer located along Rt. 28.” The 2019 overview photograph attached as Exhibit A provides a record of the conditions which existed at the time of the Board’s decision. Since that time, two maple trees of significant size (over 3” caliper) have been planted along the Route 28 buffer, meeting the Route 28 buffer landscaping condition requirements. The northern in-lot parking island has three existing mature trees. The canopies of the existing trees provide little open space for additional successful plantings. The existing trees are likely to be negatively affected by an additional planting in this area. The Applicant requests that the Special Permit condition be amended so that no additional tree plantings be required in this area. 2 The southern in-lot parking island’s plantings have succumbed to difficult site conditions over time. As shown on the site plan, the septic field for the Property is immediately south of the island, further limiting what can be planted successfully on the island. Since the Board’s decision, the Applicant has planted three arborvitaes (4 +/- feet tall ) in this island. The Applicant request that the Board consider these plantings to meet condition in the Special Permit decision Applicant respectfully requests that the Board amend and revise the Special Permit condition so that the plantings provided since the decision was issued are considered to have met the requirements of the condition. . LEGEND 99 --EXISTING CONTOUR X 99.1 EXIST. SPOT ELEV. -[99}-PROPOSED CONTOUR [98.4] PROPOSED SPOT EL. TH1 0 TEST HOLE !7:--SLOPE OF GROUND en., UTILITY POLE "r'f'FIRE HYDRANT . .,., NOTE: NOT ALL SYMBOLS MAY APPEAR IN DRAWING ..i� / --- /_) SYSTEM DESIGN: 20 BOWLING LANES @ 100 GPO/LANE = 2000 GPO 66 FAST FOOD SEATS@ 20 GPO/SEAT= 1320 GPO 50 FUNCTION HALL SEATS @ 15 GPO/SEAT = 750 GPO TOTAL PROPOSED DESIGN FLOW ESTIMATE= 4070 GPO EXISTING SEPTIC SYSTEM #1 HAS A CAPACITY OF 2412 GPO PROPOSED DESIGN FLOW FOR SEPTIC SYSTEM #1: 20 BOWLING LANES @ 100 GPO/LANE = 2000 GPO 20 FAST FOOD SEATS@ 20 GPO/SEAT= 400 GPO 2400 GPO TOTAL 2412 > 2400 OK GREASE TRAP: 50 SEATS @ 15 GPO/SEAT = 750 GPO ADD 1500 GAL GREASE TRAP TO SEPTIC SYSTEM #1 EXISTING SEPTIC SYSTEM #2 HAS A CAPACITY OF 2412 GPO PROPOSED DESIGN FLOW FOR SEPTIC SYSTEM #2: 46 FAST FOOD SEATS@ 20 GPO/SEAT= 920 GPO 3000 S.F. RETAIL @ 50 GPD /1000 S.F. = 150 GPO 1070 GPO TOTAL 2412 > 1070 OK EXISTING SEPTIC SYSTEM #3 HAS A CAPACITY OF 5700 GPO PROPOSED DESIGN FLOW FOR SEPTIC SYSTEM #3: 50 FUNCTION HALL SEATS @ 15 GPO/SEAT = 750 GPO 750 GPO TOTAL 5700 > 750 OK EXISTING_.�t1cSYSTErji #1 -t> ( / EXISTING BUILDING "CAPE BOWL" TOF=19.3 SLAB=19.0 PROPOSED 1500 GAL. GREASE TRAP 3000± S.F FUTURE RETAIL SPACE EXISTING SEPTIC SYSTEM #3 < r /JI_,� � ( I /� \I ,) NOTES 1.DATUM IS �N�A�VD�88�--- 2.MUNICIPAL WATER IS �E=Xl=ST=IN=G�--- 3.THIS PLAN IS FOR PROPOSED WORK ONLY ANDNOT TO BE USED FOR LOT LINE STAKING OR ANYOTHER PURPOSE. 4.CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING DIGSAFE (1-888-344-7233) ANDVERIFYING THE LOCATION OF ALL UNDERGROUND &OVERHEAD UTILITIES PRIOR TO COMMENCEMENT OFWORK. 5.MINIMUM PIPE PITCH TO BE 1 /8" PER FOOT. 6.DESIGN LOADING FOR ALL PROPOSED PRECASTUNITS TO BE AASHO H-20. 7.PIPE JOINTS TO BE MADE WATERTIGHT. 8.CONSTRUCTION DETAILS TO BE IN ACCORDANCE WITH 310 CMR 15.000 (TITLE 5.) 9.PIPE FOR SEPTIC SYSTEM TO SCH. 40-4" PVC. 10.COMPONENTS NOT TO BE BACKFILLED ORCONCEALED WITHOUT INSPECTION BY BOARD OFHEAL TH AND PERMISSION OBTAINED FROM BOARDOF HEALTH. TEST HOLE LOGS ENGINEER: p SULLIVAN WITNESS: AMY L. VON HONE DATE: 1 /25/02 PERC. RAT E = < 5 MIN/INCH CLASS SOILS o" - 2" 6" 22" - ASPHALT COMPACTED GRAVEL B MS 10YR 4/6 C ELEV. 14.5' 14.0 12.7 PE RC X- FS 2.5Y 6/4 1 44" 4.0' GROUND WATER ENCOUNTERED AT 140" EL. 2.8 GROUNDWATER ADJ. DATA: WELL: MIW 29 ZONE: A ADJUSTMENT: 2.6' PE LOCUS MAP SCALE 1 "= 2000' ± ASSESSORS MAP 50 PARCEL 116 LOCUS IS WITHIN FEMA FLOOD ZONE X (AREA OF MINIMAL FLOOD HAZARD) AS SHOWN ON COMMUNITY PANEL #25001C0587J DATED 7/16/2014 TEST HOLE LOGS ENGINEER: DANIEL E. GONSALVES, SE # 13587 WITNESS: PHIL RENAUD DATE: 10/9/19 PERC. RAT E = < 2 MIN/INCH CLASS SOILS o· - 26" 32" - RC IX 32" FILL B LS 10YR 4/4 C FS 2.5Y 7 /4 ELEV. 15.0' 12.3' 4.0' GROUNDWAT ER ENCOUNTERED AT 132" EL. 4.0 GROUNDWAT ER ADJ. DATA: WELL: MIW 29 ZONE: A ADJUSTMENT: 1 .4' (SEPTEMBER) TITLE 5 SITE PLAN DATE OF 1067 ROUTE 28 SOUTH YARMOUTH, MA PREPARED FOR RY AN FAMILY AMUSEMENTS k(S; � j DANIEL A. OJALA, P.E., P.L.S. DATE: JANUARY 10, 2020 Scale: 1 "= 20' 40 50 .:-EE' I � off 508-362-4541fax 508-362-9880 downcape.com © down cape engineering, inc. � civil engineers land surveyors 939 Main Street ( Rte 6A) YARMOUTHPORT MA 02675 XXXXX.DWG