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Home My WebLink About5162 934 Route 28 Decision RecordedFILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: Doc:1,521,554 04-22-2025 10:08 TOWN OF YARMOUTH BOARD OF APPEALS DECISION March 19, 2Q2.5 5162 February 27, 2025 Bass River Realty LLC, dba Bttss River Sports World PROPERTY: 934 Route 28, South Yarmouth, MA Map 42,. Parcel 32.1 Zoning District; .B2, HMOD I and VCOD 3 Cerlfficsite #i9t7567 Land Court Lot #14 Plan #30356-F MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Jay Fraprie, Barbara Murphy, and Dick 'Heitz, 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 nbtice-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 per §104.3.2(4) and/or §202.5 for N- I 1 Use and/or to amend prior relief in order to replace baseball batting and soccer cages with kiddie ,go-kart track, storage building, and bumper car track. This property is located in the B-2, HMOD-1 and Village Center 3 zonipg districts and contains approximately 9.9 acres of upland area, and is improved with various structures, including batting cages, soccer cages, an arcade and a clubhouse. The property has several permitted recreation uses, including a golf driving range, miniature -golf course, soccer and batting cages, a coin -operated arcade, a skate park, and a go-kart track, all'of which are ciasstfied in the Yarmouth Zoning Bylaw Section 202.5 as a NI I use, "Other miscellaneous amusement & recreation services." The petitioner now seeks to eliminate the batting cages and soccer cages at the property. Those areas are denoted on the plans, and are already paved and improved areas along the easterly side of the property. Instead, the applicant proposes to install a new kiddie go-kart track, to accommodate younger patrons, a new storage building to charge and store .those lots, and a new electric bumper car track. The facilities for these new uses will not alter or change the. physical dimensions of the currently improved areas, and will not change the setbacks presently depicted. COPY ATTEST. APR ` 9.2025 Doc:1,521,554 04-22-2025 10:08 Page 2 of 4 This is purely a change of one entertainment use to another entertainment use. Also, this Board previously permitted the applicant to install a go-kart facility on site in Decision #4162, dated January 3, 2008. As in that Decision, the go-karts will be electrically powered, eliminating concerns for noise and engine maintenance. There will be some additional lighting on site, but no change of hours are requested, and there is no need for additional parking. There is currently a pole with lights and the applicant proposes to add 2 more lights to it, to shine straight down on the track. There will also be additional lights from the new structure, which will again shine down on the track. The new go-kart barn will be 30 feet by 45 feet, and have 5 garage doors for easy storage of the karts. The barn will be 19.6 feet high, and will have power and heat, but no bathroom facilities. It will be located 104 feet from the easterly boundary, and the track itself will be in the area currently housing the baseball cages. The existing fence surrounding the cages will remain. The pitching machines and the soccer machines will be removed from an area closer to the side boundary. The bumper car track will be on the current location of the soccer cages. It will be located 40 feet from the side boundary, and surrounded by chain link fencing. No abutters spoke either in opposition or support of this project. The Board found that the petitioner has demonstrated the requirements of Zoning Bylaw Section 104.3.2(4), as the proposal would not be substantially more detrimental nor cause undue nuisance, hazard or congestion and that there will be no substantial harm to the established or future character of the neighborhood or town. Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Neitz, to grant the Special Permit as requested, with the condition that any additional lighting to be directed in such a way so as to remain on site. The members voted as follows: Mr. Igoe AYE Mr. Martin AYE Mr. Neitz AYE Ms. Murphy AYE Ms. Fraprie AYE No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this derision shall be made pursuant to MGL c4OA section 17 and must be filed within 20 days after filing of this noticeldecision 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, Chairman A TRUE COPY ATTEST- C / 1 APR - 9 2025 Doc:1,521,554 04-22-2025 10:08 Page 3 of 4 CERTIFICATION OF TOWN CLERK T, Mary A. Maslowski, Town Cleric, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals Decision #5162 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, CkAMC, CMC APR - 9 2025 1 � �.Y, r� Mir• • r �� ti APR - 9 2025 Doc:1,521,554 04-22-2025 10:08 Page 4 of 4 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5162 Date: Apiril 9, 2025 Certificate. of gMfige of j SRI l 1 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: Bass River Realty LLC, dba Bass River Sports World Affecting the rights of the owner with respect to -land or buildings.at:.934 Route 28, South Yarmouth, MA; Map 42, Parcel. 32.1; Zoniag District: B2, E MOD 1 and VCOD 3; Certificate #197567; Land Court Lot #14 Plan #30356-F 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. C� Sean Igoe, Chairman A TRUE COPY ATTEST FueA464' C O CLERK JOHN P. MEADE, ASSISTANT RECORDER BARNSTABLE REGISTRY LAND COURT DISTRICT APR — A 2025 RECEIVED & RECORDED ELECTRONICALLY a�