HomeMy WebLinkAboutDecision 4162 934 Route 28FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
001= 2 1 P 081 s 774 01-28-2008 34-09
BARNSTABLE LAND COURT REGISTRY
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
January3, 2008
#4152
December 27, 2007
`YARMOUTH
TOWN r,!.ERK
203 JAN -3 PM 4: 04
RECEIVED c�
Nickinello Realty Trust @ Bass River
PROPERTY: 934 Route 28, South Yarmouth
Map & Parcel: 0042.32.1 Zoning District: B2
Registry of Deeds Certificate: 103646; Lot 14: Plan #30356F
MEMBERS PRESENT AND VOTING: David S. Reid, Chairman, Joseph Sarnosky, Steven
DeYoung, Renie Hamman and Thomas Roche.
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
Register, the hearing opened and held on the date stated above.
This petition seeks a Special Permit, per bylaw §202.5, in order to add a new amusement/recreational use,
Code N1I, to this existing multi -use site. The property is in the B2 zone. The property contains
approximately 9.91 acres. The site currently houses Bass River Sports World, including a miniature golf
course, driving range, batting and soccer cages, and an outdoor skate park area.
The petitioner proposes to use the existing paved area where the skate park is currently located to also host
a go-kart track. The "track" would not involve any permanent structures, but may necessitate additional
pavement. Several potential layouts were presented, on plans entitled: "proposed Go -Kart Tract Layout",
by A & M Land Services, Sheets I to 3, dated November 1, 2007, and "Proposed Optional Track Layout",
one sheet, dated December 8, 2007.
The petitioner proposes to utilize the same area as the Skate Park, and variable track layouts, by utilizing
movable sand or water -filled barriers to define the track, while it is in use. When not in use, the barriers
will be removed and the area will remain available for the skate park use. The area will be separated from
the rest of the sites activities by fencing, to prevent uncontrolled entry. The karts will be electrically
powered, thus eliminating concerns for noise and engine maintenance.
The operation will not involve the addition of more or different lighting then is present at the site. No
change in the hours of operation will be involved. The petitioner will set up the track whenever demand is
present, and remove it in favor of the skate park use when it is needed.
Several letters were received and individuals spoke in support of the proposal. One letter was received in
opposition to the proposal. The principal opposition to the proposal focused on additional lighting and
noise concerns. However, since the karts will be electric, and the lights will not be increased, the principal
concern for the new use appears to have been addressed.
The Board finds that the proposed use of the area, as shown on the alternate site plans for the proposed use,
will not cause any undue nuisance, hazard or congestion, nor any substantial harm to the established or
future character of the neighborhood.
Therefore, a motion was made by Mr. DeYoung, seconded by Mr. Roche, to grant the Special Permit, for
use NI 1, electric go-karts, as shown on the proposed site plans, referenced above, on the condition that
only electric motor driven karts be used, as represented, and that there be no storage or use of cleaners or
hazardous material, as recited by the Health Department in its Site Plan Review comments, and that there
be no additional lighting installed or utilized in the operation of this use.
The members voted unanimously in favor of the motion, the Special Permit was therefore granted.
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 la se if a substantial use thereof has not begun within 24 months. (See bylaw § 103.2.5,
MGL c40
David S. lTeid, Clerk
04
Appeal 94162
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: January 24, 2008
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:
Niekinello Realty Trust at Bass River
934 Route 28
South Yarmouth, MA 02664
Affecting the rights of the owner with respect to land or buildings at: 934 Route 28, South
Yarmouth. Zoning District: R25; Map & Lot#: 00442.32.1; Zoning District: B2; ; Re 'st
of Deeds Book & Pane:# 103646; Lot 14; Plan#30356F 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 that 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.
David S. Reid, Clerk
TOWN OF YARMOUTH
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 026644451
Telephone (508) 398-2231 Ext. 285, Fax (508) 398-0836
CERTIFICATION OF TOWN CLERK
Town
Clerk
I, Jane E. Hibbert, 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 #4162 and 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.
r a
e E. Hilfbert, C/CMMC
TowVlerk
Ir
BARNSTABLE REGISTRY OF DEEDS