HomeMy WebLinkAbout4928 1067 Route 28 Special Permit & Recorded Decision Bk 34893 Pg 224Bk 34893 Pg224 #7196
02-09-2022 @ 11:24a
Petition #: 4928
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: February 9, 2022
Certificate of Granting of a Special Permit
(General Laws Chapter 40A, section 1 1)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been
granted to:
Ryan Family Amusement, Inc.
1067 Route 28
South Yarmouth, MA 02664
Affecting the rights of the owner with respect to land or buildings at: 1067 Route 28, South Yarmouth, MA;
Map & lot #: 50.116; Zoning District: B-2; Book/Page: 1353115 and the said Board of Appeals further
certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit,
and copies of said decision, and of all plans referred to in the decision, have been filed.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A,
Section 1 1 (last paragraph) and Section 13, provides that no Special Permit, or any extension, modification or
renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that
twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal
has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the
Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under
the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such
recording or registering shall be paid by the owner or applicant.
Steven S. DeYoung, Chairman
A TRUE COPY ATTEST_
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r `� '"•� TOWN OF YARMOUTH
ZONING BOARD OF APPEALS
t� '.J,, tDECISION
FILED WITH TOWN CLERK: January 19, 2022
PETITION NO:
HEARING DATE:
PETITIONER:
OWNERS:
4928
January 13, 2022
Ryan Family Amusement, Inc.
Mary Angus Mullin
PROPERTY: 1067 Rt. 28, South Yarmouth
Map & Lot: 50.116 ; Zoning District: B-2
Book/Page: 1353115
MEMBERS PRESENT AND VOTING: Chairman, Steven S. DeYoung_ , Sean Igoe, Dick
Martin, and Jay Fraprie.
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners
of property as required by law, and to the public by posting notice of the hearing and publishing in
The Register, the hearing opened and held on the date as stated above.
The Petitioner is Ryan Family Amusement, Inc. Marian S. Rose, Esquire, Peter Campbell, and
William Campbell, both of Ryan Family Amusement, Inc, appeared in support of the Petition. The
Petition is in connection with the Property located at 1067 Rt. 28, South Yarmouth which is in the
B-2 Zoning District.
The Petitioner seeks relief under 104.3.2.4 and footnote 202.5-N of the Use Regulation Schedule
202.5 which provides that a Petitioner must seek a Special Permit to secure permission to use a
property in the B-2 district for entertainment use. Petitioner seeks to expand existing and new
entertainment uses into an adjacent space in a building over which Petitioner has recently secured a
whole -building lease. Specifically, Petitioner seeks to move the arcade area from the existing space
into the expanded space and add corn -hole and axe throwing as new entertainment uses in the
expanded space. All work contemplated by this petition will be interior work. Petitioner has
operated a bowling alley and arcade business in the building for decades. The existing entertainment
uses, while allowed in the B-2 district, are pre-existing nonconforming because they were in
existence prior to changes in the Yarmouth Zoning By -Law requiring approval by special permit for
such uses. To expand both the arcade, corn -hole and are throwing uses into the expanded space, the
Petitioner seeks special permit relief from the Board.
No one spoke in opposition to the Petition. Audrey Ferns spoke in favor of the PAUT"EPG OEW ATTEST:
exhibits were received at the hearing. -
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A discussion, including questions and consideration, took place concerning the design and safety
features of the axe throwing venue, the Petitioner's record for safety practices and the prior review
and grant of entertainment and liquor licenses by the Yarmouth Select Board in connection to this
project. Further discussion involved the need to replace landscape planting in the buffer and traffic
islands on site.
The Board noted the history of the Petitioner as a good neighbor with a positive impact on the
community. It further noted that the expansion of entertainment uses to the newly ]eased mid-
section of the building would enhance entertainment options for Town residents of all ages. The
Board determined that relief could be granted without creating any undue hazard, nuisance or
congestion and that the project as shown on the plans will not result in any substantial harm to the
existing or future character of the neighborhood, zoning district or Town.
After discussion of the merits of the Petition, a Motion was made by Mr. Igoe and seconded by Mr.
Fraprie to approve the grant of a Special Permit subject to the conditions 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.
A vote was taken on the Special Permit and was passed by unanimous (4-0) vote. Therefore the
Special Permit was granted.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This
decision must be recorded at the Registry of Deeds and a copy forwarded to the Zoning Board of
Appeals. Appeals from this decision shall be made pursuant to MGL Chapter 40A Section 17
and must be filed within 20 days after filing of this notice/decision with the Town Clerk. Unless
otherwise provided herein, the Special Permit shall lapse if a substantial use thereof has not begun
within 24 months. (See bylaw, MGL c40A §9)
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Steven S. DeYoung, Chairman
CERTIFICATION OF TOWN CLERK
I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have
elapsed since the filing with me of the above Board of Appeals Decision #4928 that no notice of
appeal of said decision has been filed with me, or, if such appeal has been filed it has been
dismissed or denied. All appeals have been exhausted.
Cl
Mary A. Maslowski
FEB - 9 2022
��.A..TRUCOPY ATTEST:
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JOHN F . MEADE, REGISTER
BARNSfu Ceu9rnnSTRY OF DEEDS
RECEIVED E RECORDED ELECTRONICALLY