The URL can be used to link to this page

Home My WebLink About5112 79 White Rock Rd Decision Certified 07.11.24IRMOOTH OWN CLERK RE JUL 11524 Am8:50 VA R AT ` coR�olf FILED WITH CLERK: PETITION NO.: HEARING DATE: PETITIONER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION July 11, 2024 5112 June 13, 2024 Wingate Kirkland Operating, LLC PROPERTY: 79 White Rock Road, Yarmouth Port, MA Map 115, Parcel 233.1.1 Zoning District: R40 and APD Title: Book 18997, Page 340 MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Dick Martin, Jay Fraprie, John Mantoni, 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 was held on the date above stated. The Petitioner is Wingate Kirkland Operating, LLC, which does business as "Camp Wingate* Kirkland." The Petitioner operates a summer camp on the subject Property. The use of the Property as a summer camp dates back to the 1950's and is considered a pre-existing, non- conforming use under zoning. The Property has been the subject of numerous prior decisions of the Zoning Board of Appeals. A listing of the prior Zoning Board decisions was submitted as part of the application materials provided. With this Petition, the Petitioner has filed for a Special Permit under § 104.3.2.(4) of the Zoning Bylaw and, in the alternative, a Variance, to allow for certain improvements at the camp. The Petitioner also noted that Condition 3 of Petition No. 4965, dated August 8, 2022, also requires approval from the Zoning Board for the proposed improvements. Appearing on behalf of the Petitioner was Will Rubenstein, a principal of the Petitioner entity, Attorney Eliza Cox of Nutter, McClennen & Fish, LLP, Kurt Raber of Catalyst Architecture, and Dan Ojala of Down Cape Engineering. Ms. Cox indicated that the subject of this petition involves two of the camp's older structures which have outlived their usefulness and are, therefore, proposed for renovation andior reconstruction. Mr. Raber described the proposed projects. a UE CQEY ATTEST First, Mr. Raber indicated that the Petitioner proposes demolition and replacement of the camp's Art Barn which is located between Lodges 6 and 8 along the easterly side of the camp. The Art Barn is proposed to be replaced within its existing 2,200 sf footprint. Like the existing condition, the enclosed portion of the Art Barn consists of approximately 899 square feet of enclosed but unconditioned space, and the remaining footprint (approx. 1,301 sf) is roofed but open -sided. Second, the Petitioner proposes to partially demolish and renovate Redwood Lodge, which is located along the edge of Elisha's Pond. Redwood Lodge is one of the oldest buildings at the camp. Mr. Raber described that the Petitioner proposes to remove approximately 1,216 square feet (549 sf footprint and 667 sf main floor) from the northerly portion of the existing Redwood building. This area will then be re -graded, stabilized and restored with native plantings. The approximately 1,658 square foot remaining southern portion of the building (821 sf footprint and 837 sf main level) will be renovated in place and used for storage of aquatic and boating supplies and for staff counselor support and training space. Finally, the Petitioner also proposes to construct a new camp Counselor/Staff bunkhouse set back further from Elisha's Pond to relocate the staff sleeping quarters being displaced with the removal./renovation of the existing Redwood building. The proposed structure has an approximately 1,820 sf footprint and consists of both a full basement for mechanicals and storage, and a main level with bunks, bathrooms, and a common area. The total gross floor area (basement plus living area) of the structure is approximately 3,640 square feet. The Petitioner noted that both the reconstruction of the Art Barn and the work proposed to Redwood Lodge are within buffer zones to wetland resources and that the Yarmouth Conservation Commission unanimously approved the project, and on May 13, 2024, issued an Order of Conditions for the work. The Petitioner discussed how the proposed improvements were not substantially more non- conforming, nor substantially more detrimental to the neighborhood, district or Town. The subject Property is very large and the proposed improvements are interior to the site, fully compliant with all setback requirements and well -buffered from abutting properties. The proposed changes to Redwood Lodge also reduce impact to Elisha's Pond, move existing counselor bunk areas further from the pond and interior to the subject Property, and allow for new native plantings which will be environmentally beneficial. The Petitioner also noted that the project does not increase the number of bunks on the Property, does not change operational deliveries or vehicles, does not result in increased enrollment, and has no change in impact to the neighborhood. The Board noted that there was one email submitted by Mr. David Silverman of White Rock Road in support of the application. There was also one anonymous letter submitted raising concerns about camp deliveries and operations. The Petitioner addressed the concerns raised, including providing correspondence dated June 1, 2024, submitted to camp vendors, instructing delivery and trash contractors to comply with the restrictions set forth in Zoning Board of Appeals Decision No. 4965 which restricts hours of delivery and requires delivery/waste removal from White Rock Road.Nowzk4 2 The Board deliberated on the request, asked questions of the Petitioner, and found that the Special Permit standard was met, and that the proposed work would not be more non- conforming, would not be substantially more detrimental to the neighborhood, town or district and would cause no undue nuisance, hazard or congestion. Therefore, on a Motion made by Mr. Martin and seconded by Mr. Mantoni, it was unanimously voted to grant the Special Permit pursuant to § 104.3.2(4) of the Zoning Bylaw subject to the condition that the ongoing conditions from the prior decisions affecting the Property continue to remain in effect. Following the grant of the Special Permit, the Petitioner requested that the Variance be withdrawn without prejudice. A second motion was made by Mr. Fraprie, seconded by Mantoni, to allow the withdrawal without prejudice of the Variance request. The members voted unanimously in favor of the motion. No permit shall issue until 20 days from the filing of the decision with the Town Clerk. Appeals from the decision shall be made pursuant to MGL c.40A, section 17 and must be filed within 20 days after the filing of this decision/notice with the Town Clerk. Unless otherwise provided herein, the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. 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 #5112 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 C, wl M A C;}pY ATTLST. YAK , COMMONWEALTH OF MASSACHUSETTS { ,`�r�. TOWN OF YARMOUTH i c � BOARD OF APPEALS 9 C0�''AORATEO Petition #: 5112 Date: August 1, 2024 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: Wingate Kirkland Operating, LLC Affecting the rights of the owner with respect to land or buildings at: 79 White Rock Road, Yarmouth Port, MA; Map 115, Parcel 233.1.1; Zoning District: R40 and APD; Title: Book 18997, Page 340 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. & '4 40�0� Sean Igoe, Vice Chair A `F!ZU.r COPY ATTECST. { ;