HomeMy WebLinkAbout4928 1067 Route 28 Amended Decision RecordedBk 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 oftheBoardthatanadequatenumberofadditionaltreesbeplantedintheparkingislandsandRoute28
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/
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