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HomeMy WebLinkAboutDecision 3599 932 Route 2816 FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY: TOWN OF YARMOUTH BOARD OF APPEALS DECISION #35" May 10, 2000 April27, 2000 Bess River Sports World 932 Route 28, South Yarmouth Map: 41, Parcel: 32 (351W 14) Zoning District: Bl M MEMBERS PRESENT AND VOTING: David Reid, Chairman, John Richards, James Robertson, Joseph Sarnosky, Robert Reed. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby, and to the public by posting notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. The petitioner seeks a Special Permit, per §103.2, for use N11 in the BI zone, in order to be allowed to make alterations to its existing miniature golf course, to add four (4) soccer cages, and to make other modifications to the existing site. The petitioner has filed with the board various plans, including a site plan for the proposed miniature golf renovations and soccer cages (dated March 1, 2000) and separate plans for the proposed miniature golf course (dated February 22, 2000 and revised March 6, 2000) and proposed soccer kicking cages (dated March 1, 2000). All uses fall within the NJ use classification, which is allowable by Special Permit at this location. The site is presently improved with an 18 hole miniature golf course, a series of golf driving range stations, a newly constructed batting cage structure, and a coin operated amusement machines building. The various uses have been allowed by a series of decisions of the board over the years, most notably Decision #539 (7/6/61) and #636 (7/11 /63). The proposed renovation of the miniature golf course will enlarge the area dedicated to this use, as shown on the site plan. To allow for the expansion, the southwesterly lot line has been moved, allowing for a 25' conforming vegetated buffer strip. The existing building (on the adjoining lot) will be removed. The curb cut now providing an entrance principally to the adjoining lot will be closed. In order to compensate for the parking spaces consumed by the expansion, additional parking spaces will be added to the central lot. No additional golf holes will be added. No additional lighting will be added, rather the existing lighting will be utilized. -1- The soccer kicking cages will be located near the northeasterly end of the parking lot, behind the batting cages. To compensate for the four stations therein, four driving range stalls will be eliminated. No additional hours of operation are proposed. According to the petitioner's calculations, with which the Building Commissioner concurs, there will be no net increase in parking demand as a result of these changes, accordingly, no formal parking lot upgrade is required. The Board noted that a portion of the rear of the site is being used by the paint ball business, located on the adjoining parcel. The petitioner represents that all paint ball customers and parking enter through and park on the adjoining site, not on the locus. The Hoard does not at this time address the propriety of that business's operations, as it is not properly before the Board, however no relief with respect thereto should be implied hereunder. Several business neighbors and abutters wrote and spoke in favor of this petition, as did other interested persons and officials. No one spoke in opposition. The Route 29 Task Force is in favor of the proposal, but wished a parking lot upgrade to be included. The Board finds that the proposed renovation and addition will not cause any undue nuisance, hazard or congestion, and will not cause any harm to the character of the neighborhood. The renovations will upgrade the variety and quality of recreational activities offered. The site generally is a well run family business. Now under new family management, the petitioner proposes to upgrade the business and site further, by increasing his investment in and commitment to the business. In reviewing the administrative history of the site, the Board notes that several prior decisions have denied certain proposed recreational activities at the site, and hold that "there are to be no further changes in the facilities owned by the petitioner without the express approval of the Board". (see decision #636, July 11, 1963). The Board brings this provision to the attention of the petitioners, and reinforces that this requirement remains in effect. A motion was made by Mr. Robertson, seconded by Mr. Richards, to grant the Special Permit as requested and proposed (including as set forth in the above referenced site plans) to allow the miniature golf course renovations and the addition of four (4) soccer kicking cages, on the condition that the petitioner comply with the other use and site modifications represented. The members voted unanimously in favor of the motion. Therefore, the Special Permit is 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 MOL c40A §17 and must be filed within 20 days afte of this notioddecision with the Town Clerk. David S. Reid, Clerk -2- TOWN OF YARMOUTH TOWN CLERK CERTIFICATION OF TOWN CLERK 1, George F. Barabe, 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 #3599 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. Clerkcertirwation.wpd DARNATetit r Rprlgroy rr nFFDs J a M 9 v 'h u Y Q(�,L�gOI iif:� ;� 1 "� ��} �j?_y7(1110 11 :fir THE COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Appeal #3599 Date: MaY30, 2000 Certift%te of Grnntige Qja Special Permit (General Laws Chapter 40A, Section 1 l ) The Hoard of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit had been granted -7V Address: 933 Route 28 City or Town: South Yarmouth. MA 02664 affecting the rights of the owner with respect to land or buildings at: 932 Route 28, South Yarmouth. Assessor's Map: 41 Parcel: 32 (35/W14), Zoning District: B1 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 with the Planning Board and the Town Clerk. 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 Reid, Chairman CERTIFICATE S/.P.#3599WPD,wpd