Loading...
HomeMy WebLinkAbout4928 1067 Route 28 Decision RecordedBk 34893 Pg225 #7196 TOWN OF YARMOUTH ZONING BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: January 19, 2022 PETITION NO: HEARING DATE: PETITIONER: OWNERS: 4928 January13,2022 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 Rcgrsier-, 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 axe 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 .Ittil'ile�li}f=POGWRX ATTEST: exhibits were received at the hearing. A . Bk 34893 Pg226 #7196 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 leased 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) Steven S. DCYoung, Chairman CERTIFICATION OF TOWN CLERK 1, 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. TUIX49. AQ&vJ4 Mary A. Maslowski FEB - 9 2022 �TR1J� PY ATTEST. JOHN E_ MEADE, REGISTER RARNS'i CeUB��-///STRY OF DEEDS RECEIVED & RECORDED ELECTRONICALLY