HomeMy WebLinkAbout5056 1067 Route 28 Decision RecordedBk 36119 Pg263 #48956
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FILED WITH TOWN CLERK:
PMT10N NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
November 14, 2023
5056
October 26, 2023
Ryan Family Amusements, Inc.
Mary Angus Mullen
PROPERTY: 1067 Route 28, South Yarmouth, MA
Map 50, Parcel 116
Zoning District: B-2
Title: Book 1353, Page 15
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Dick Neitz, John Mantoni,
Anthony Panebianco, and Barbara Murphy
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 Tines, the hearing opened and held on the date stated above.
The Petitioner seeks a Special Permit under Zoning By -Law § 104.3.2 (4) andlor for use under
§202.5N, to permit the expansion of a pre-existing non -conforming Entertainment and
Amusement use in the B2 Zoning District.
The property is located in the B-2 Zoning District, and contains approximately 2.85 acres of area.
The property is known to this Board, having appeared before it for relief in the recent past, and is
the well-known location of applicant's bowling lanes, game rooms, and axe throwing facility. In
January 2022, the applicant appeared before this Board seeking relief to expand existing and new
entertainment uses into an adjacent space in the same building, which formerly housed a fitness
center and a liquor store. Prior relief to allow the axe throwing and corn hole uses was provided
for a portion of that space, which contains 24-foot-high ceilings.
The proposal is to add a new use on the first level of the new space, consisting of approximately
5,000 square feet, to house an air park (an inflatable activity center with a climbing wall, slides,
and games such as dodgeball) and additional arcade games, and to utilize the 3,341 square feet
on the second level for seating and observation space, parties, men's and women's bathrooms,
and a new food and beverage service area. The second floor will be accessed by stairs and either
a wheelchair lift or an elevator. These expanded uses will be completely located in existing
TRUE COPY ATTEST
Bk 36119 Pg264 #48956
space, and no expansion of the footprint is contemplated. At the hearing, the applicant provided
the Board with some literature, and testimony, regarding an explanation of a proposed air park.
No changes are to be made of the parking area. Site Plan Review, conducted on October 3, 2023,
was helpful in having the Fire Department, health Department and the Community Development
and Planning Department offer input.
The Board discussed the request for a Special Permit, and agreed that any proposed expansion of
the uses on this lot, would not be substantially more detrimental to the neighborhood than is the
existing non -conforming stricture. In addition, the Board found that no undue nuisance, hazard
or congestion will be created and that there will be no substantial harm to the established or
fixture character of the neighborhood or town.
A Motion was made by Mr. Neitz, seconded by Mr. Mantoni, to grant the Special Pennit as
requested. The members voted unanimously in favor of the motion.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. 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. Unless otherwise provided herein,
the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See
bylaw §103.2.5, MGL c40A §9)
Sean Igoe, Vice Chair
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 one of the above Board of Appeals Decision ff5056 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. Maslowski, CMC
DEC - 5 2023
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Bk 36119 Pg265 #48956
:7-i COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
-,s
BOARD OF APPEALS
Petition #: 5056 Date: December 5, 2023
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:
Ryan Family Amusements, Inc.
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; Title: Book 1353, Page 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 tiled.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A,
Section I 1 (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 shalt he paid by the owner or applicant.
Sean Igoe, Vice Chair
DE(J�OHN F. MEADE, REGISTER
GAI2 "23)UNTY REGISTRY OF DEEDS
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