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Home My WebLink About4928 1067 Route 28 Amended Decision Recorded 08.16.22 Law Office of Singer & Singer, LLC 26 Upper County Road P.O.Box 67 Dennisport,Massachusetts 02639 Andrew L.Singer Tel: (508)398-2221 Marion S.Rose Fax: (508)398-1568 www.singer-law.com Myer R. Singer (1938-2020) August 17, 2022 Town of Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 Re: Mary Angus Mullen, do Ryan Family Amusements, Inc. Zoning Board of Appeals—Special Permit Decision 4928 Dear Mr. DeYoung: Enclosed please find a copy of the Zoning Board of Appeals for the above-referenced matter which was recorded on 08/16//2022 with the Barnstable County Registry of Deeds in Book 35311, Page 315. Very truly yours, Bonnie Mossey for Marian S. e , Enclosure Copy to: Yarmouth Building Commissioner, w/enclosure Bk 35311 Pg315 #41287 08-16-2022 @ 02 : 42p :Y 1 . COMMONWEALTH OF MASSACHUSETTS O 4. ,. `�'tr TOWN OF YARMOUTH \�. BOARD OF APPEALS ::::..1,:, . .-,,,,.1..:, Petition It: 4928 Date: August 3,2022 Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: Mary Angus Mullen c/o Ryan Family Amusements,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#: 50; Parcel#: 116; Zoning District: B-2; Book/Page: 1353, 15 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 11 (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. )04.x.:J2,140,..... Steven DeYoung, Chairman ;.• &e, A TRUE COPY ATTEST: . '- t; tMG/TOWN CLERK AUG 1 2 2022 Bk 35311 ,Pg316 #41287 $ - .itr0 TOWN OF YARMOUTH �' T y BOARD OF APPEALS , _,,_.>, DECISION • FILED WITH TOWN CLERK: July 13,2022 PETITION NO: /44928 HEARING DATE: April 14, 2022 PETITIONER: Ryan Family Amusements,Inc. OWNERS: Mary Angus Mullen PROPERTY: 1067 Route 28,South Yarmouth Map & Lot: 50.116; Zoning District: B-2 Book/Page: 1353/15 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe,Jay Fraprie, and Richard Nietz. 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 Cape Cod Times,the hearing opened and held on the date as stated above. On a motion by the Board Chair,the Board scheduled a hearing to review and reconsider the landscaping conditions specified in the January 13,2022 Board decision granting a Special Permit for Petition No. 4928.The Petitioner in the original hearing was Ryan Family Amusement, Inc. Marian S. Rose, Esquire,and Peter Campbell, Manager of Ryan Family Amusement, Inc,appeared in support of the motion to amend the condition to the original decision.The decision is connection with the Property located at 1067 Route 28, South Yarmouth which is in the B-2 Zoning District. The original decision granted a Special Permit to Petitioner to extend entertainment uses to a newly expanded portion of the building in which Petitioner's business operates. The Board noted as a condition that Petitioner plant four trees on each of the parking islands and that two additional trees be planted on the buffer along Route 28. After the decision was finalized, it was determined that planting the specified number of trees might not be practical given that mature trees existed in the areas to be planted and would be disrupted by the additional plantings and the placement of additional trees on the southerly parking island might intrude into the property's septic field. A hearing was held to determine whether the conditions could be amended to preserve the intent of the Board that an adequate number of additional trees be planted in the parking islands and Route 28 buffer.No one spoke in opposition to the Petition:No new exhibits were received at the hearing. A TRUE COPY ATTEST c.MM CMc 1 TOWN CLERK AUU 1 2 2022 Bk 35311 Pg317 #41287 A discussion, including questions and consideration,took place concerning the post-decision plantings by Petitioner,the current number of trees in the parking lot islands and Route 28 buffer, and the potential effects of additional plantings near the leaching field. The Board noted that together with the mature trees and trees planted post decision,four trees existed on each parking island. In addition, two trees were planted on the Route 28 buffer.The Board further considered that the trees planted on the parking lot island and buffer after the January 2022 decision, together with the existing,mature trees,met the intent of the prior decision's landscaping condition to augment the landscaping on site. After discussion of the merits of the Petition,a Motion was made by Mr. Fraprie and seconded by Mr.Neitz to amend the condition of the Special Permit so that the plantings in the two islands and Route 28 buffer as existing at the time of the hearing, met the intent of the original condition and amended the original condition require a total of four trees in each of the parking islands(to include both newly planted post decision and existing mature trees) and two additional trees(as planted post January 2022 decision)on the Route 28 buffer.The Board further found that the post January 2022 decision plantings by Petitioner met the amended condition's requirements. A vote was taken on the motion to amend the condition of the Special Permit and was passed by unanimous(4-0)vote. 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) 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. Ttiya.Fudthryt4iii Mary A. Maslowski A TRUE COPY ATTEST: AUG 1 2 2022 .F1,440-N.46/ CMMC ''�My C/'IOOWDFFF777N}}} !ltCLERK pisTER JB TABLE Ccfth REGISTRY OF DEEDS RECEIVED & RECORDED ELECTRONIrArLY