HomeMy WebLinkAbout5019 228 Route 28 Decision Certified 07.03.23tom€ 1 te
TOWN OF YARMOUTH
BOARD OF APPEALS
y DECISION
FILED WITH TOWN CLERK: July 3, 2023
PETITION NO: 5019
HEARING DATE: June 22, 2023
PETITIONER: Maria Curtis
dba Lightning Speed Go -Karts
PROPERTY OWNER: A Plus Real Estate LLC
206 Barnstable Road, Hyannis, MA
PROPERTY LOCATION: 228 Route 28, West Yarmouth, MA
Map 37, Parcel 148
Zoning District: B-2
Title: Book 34148, Page 87
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Dick
Martin, Jay Fraprie, and John Mantoni
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.
This matter came before the Board on June 22, 2023, after having earlier hearing dates of May
11, 2023 and May 25, 2023.
The petitioner, Maria Curtis who does business as Lightning Speed Go -Karts, with the property
location of 228 Route 28, West Yarmouth, Massachusetts, which property is in a B-2 zoning
district. Specifically, the petitioner seeks relief from the buffer tree requirements of the Zoning
Bylaws and/or to change the use to an N-1 I use at the location, so as to accommodate the
petitioner's use of the property for a go-kart business.
At the final meeting of the consideration of the petition, the petitioner appeared, and spoke well,
as did Kieran Healy of the BSC Group, and Bradley Dunkin, sound consultant, Cavanaugh
Tocci.
Over the course of the three meetings, many people spoke, mostly in opposition to the petition.
Though residential properties do abut the property, which is the subject of the petition to its rear,
A TRUE COPY ATTEST:
JUL'MA'.
the Board also considered it via an abutting property consisting of a hotel and guest
accommodations, the desired hours of operation by the petitioner, the traffic this business would
cause at all hours of the day, and at a very busy location, the likelihood of persons across the
street from the site to walk dangerously where there is no crosswalk, and the sound that the
business would generate. As well, the Board considered the petitioner's efforts to abate the sound
in particular, make the layout of the track safer, and improve the parking lot at the site.
Considering these various factors and others, which were heard, the Board felt the matter should
come to a vote, despite the petitioner's request to withdraw the petition without prejudice. The
request to withdraw the petition was denied.
The Board then proceeded to the merits of the petition, and, after substantial discussion, the
members agreed that they could not support the relief sought as the buffer trees requirement
would not be waived, nor would the Use Table change to an N-1 I use be approved.
A roll call vote was taken on a motion made by Mr. Igoe and seconded by Mr. Fraprie, to
approve the petition as presented, to which each member of the Board voted "nay" to the motion.
Accordingly, the petition was denied.
Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed
within 20 days after filing of this notice/decision with the Town Clerk,
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Steven 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 #5019 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.
Mary A. aslowski
JUL 2 5 2023
A TRUE COPY ATTEST
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2023