HomeMy WebLinkAbout01.13.22 Decision 4928 - 1067 Route 28 - Amendment RequestLaw Office of Singer & Singer, LLC
26 Upper County Road
P. O. Box 67
Dennisport, Massachusetts 02639
Andrew L. Singer
Marian S. Rose
Tel: (508) 398-222t
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
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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 and there are a total of four
trees in each in-parking island.
The northem in-lot parking island had three mature trees at the time of the Board's
decision. Since the decision, the Applicant has planted an additional maple tree of 3" caliper.
The Applicant requests that the Special Permit condition be amended so that the now augmented
existing plantings as shown on Exhibit A meet the Board's landscaping condition for this area.
R E c E V E D
APR 1 42022
YARMOUTHBOARD OF APPEALS
The southem 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. There was one mature
tree present in this island at the time of the Board's decision. Since the Board's decision. the
Applicant has planted thee 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 landscaping condition of the Special Permit.
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