HomeMy WebLinkAbout4965 79 White Rock Rd One-Year Review of Conditions CompleteYARM I !T TOWN CLERK
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
August 4, 2023
4965
July 27, 2023
Wingate Kirkland Operating, LLC
PROPERTY: 79 White Rock Road, Yarmouth Port, MA
Map 115, Parcel 233.1.1
Zoning District: R-40 and APD
Title: Book 18997, Page 340
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Dick
Martin, Jay Fraprie, John Mantoni, and Barbara Murphy (Alternate)
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 stated above.
By way of background, on July 28, 2022, the Zoning Board of Appeals granted Special Permit
No. 4965 to the Petitioner, which owns and operates Camp Wingate*Kirkland on the subject
property, authorizing the use of an approximately 255 square foot addition to the "Lodge 8"
building and of an approximately 708 square foot Yurt/Tent structure at the camp, subject to
specified conditions. One of the conditions of that decision was that the Petitioner come back to
the Board a year later (i.e., July 2023) to review compliance with the conditions.
Appearing on behalf of the Petitioner was William Rubenstein, one of the principals, and
Attorney Eliza Cox of Nutter McClennen & Fish, LLP. Ms. Cox explained that the Petitioner
was before the Board in accordance with the July 28, 2022 Special Permit to review compliance
with the conditions of that decision. She handed in a document entitled "Wingate Kirkland
Operating, LLC 79 White Rock Road, Yarmouth Port, Handouts for July 27, 2023 Zoning Board
of Appeals Meeting, Compliance with Conditions of Appeal No. 4965" which contained 4
exhibits, A-D (the "Handout").
The Petitioners discussed compliance with each of the 7 conditions of the July 2022 decision, as
follows:
Condition 1: The Petitioners provided a copy of the June 5, 2023 Certificate of Inspection issued
by the Town of Yarmouth as Exhibit A to the Handout, which specified the occupiable structures
on the premises, including Lodge 8. The Yurt was not listed on the document. The Petitioners
explained that the Yurt was not being occupied as the Petitioners were still working through code
safety measures.
Condition 2: Exhibit B to the Handout was a letter dated June 1, 2022 [sic](the Petitioner
testified at the hearing that the date of the letter was a typo and that the letter was sent on June 1,
2023) to the Camp vendors and delivery providers reminding them to comply with the conditions
of the decision. The Petitioner indicated that it may, in the future, seek permission to modify this
condition, but until that time, would continue to abide by the condition and instruct delivery
drivers to operate in accordance with the condition.
Condition 3: The Petitioner confirmed that there have been no expansion of existing structures or
construction of new structures without approval by the Board.
Condition 4: Exhibit A and C of the Handout confirmed annual inspection by the Town of
Yarmouth Building and Health Department.
Condition 5: The Petitioner confirmed that the Camp is the only business conducted on the
subject property.
Condition 6: Exhibit D of the Handout contained an excerpt from the Camp's Staff Manual
instructing that the camp bells are not allowed to be rung after sundown.
Condition 7: The Petitioners attendance at this meeting documented compliance with this
condition.
The Board asked several questions of the Petitioner regarding the conditions and, after
discussion, was satisfied that the Petitioner had demonstrated compliance with the conditions.
There was no public comment offered at the hearing.
Accordingly, a motion was made by Mr. Fraprie and seconded by Mr. Martin that the Petitioner
did not need to return to the Board for another annual compliance review, and that the Board was
satisfied that the Petitioner had met all the conditions of the July 2022 Special Permit. The
members voted unanimously in favor of the Motion.
Steven DeYoung, Chairman