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HomeMy WebLinkAboutBOA #5056 Ryan's Amusement Bk 36119 Pg263 #48956 • 12-06-2023 @ 08 : 49a (— ,ii;..,� TOWN OF YARMOLTTH ' p 61q,, ,‘ BOARD OF APPEALS " ,' DECISION FILED WITH TOWN CLERK: November 14, 2023 PETITION NO: 5056 HEARING DATE: October 26,2023 PETITIONER: Ryan Family Amusements, Inc. PROPERTY OWNER: 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 Times, 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 _ kTRUE COPY ATTEST: . Am/L/4),Fudtio.44 - - e,WirOWrs (.L`R,< 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 Depaitiiient 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 structure. 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 future character of the neighborhood or town. A Motion was made by Mr. Neitz, seconded by Mr. Mantoni, to grant the Special Permit 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 me of the above Board of Appeals Decision #5056 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. Wi.4.416)0444' Mary A. Maslowski, CMC DEC - 5 2023 A TRUE COP TrES T. - Bk 36119 Pg265 #48956 ` 77- j COMMONWEALTH OF MASSACHUSETTS tr''= ,, " . '"\ TOWN OF YARMOUTH :--` 1% r,} 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 filed. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (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 shall be paid by the owner or applicant. r ,�J,,)(.., Sean Igoe, Vice Chair to TRUE C ATTEST:, Tthy..g. a ;�f i.;:vi..,I I .:,/,:4 C.L,:f.A~ JOHN F. MEADE, REGISTER DEGARNSSAIMIUNTY REGISTRY OF DEEDS p Fr`-ruv I G. PF.ClpflWfl FT.FrTpf1NTCAT.r.V r LAW OFFICES OF PAUL R. TARDIF, ESQ., P.C. 490 MAIN STREET YARMOUTH PORT,MA 02675 (508)362-7799 (508)362-7199 fax Paul R Tardif,Esq. Stacey A. Curley,Esq. ptardiatardiflaw.com www.tardiflaw.com scurley@tardiflaw.com REFER TO FILE NO. December 6, 2023 Dolores Fallon Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 RE: Licensing and Zoning Appeal— 1071 Route 28, South Yarmouth Ryan Family Amusements, Inc. - Petition#5056 Dear Ms. Fallon: Enclosed please find a copy of the Board of Appeals Decision, which was recorded, for the above referenced matter on December 6, 2023 in the Barnstable County Registry of Deeds in Book 36119, Page 263. Please note that a copy of the recorded Decision has been forwarded to op:uilding Department for their records. I thank you for your assistance in this matter. T y Yours, ilk R. Tardif cc: Michael Crowley, President Mark Grylls, Building Department RECEIVED DEC 0 8 2023 BUILDING DEPARTMENT By. 0,1?1!