HomeMy WebLinkAboutDecision 3826 934 Route 28TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: May 22, 2003
PETITION NO. #3826
HEARING DATE: May 8, 2003
PETITIONER: Bass River Sports World, Inc.
ypIt-WOUTH
TO k N CLERK
33 CLAY 22 Pik 12: 04
RECEIVED
PROPERTY: 934 Route 28, South Yarmouth
Assessors Map: 41, Lot: 32.1 (35/W14) Zoning District: BI
¢4-1'r
MEMBERS PRESENT AND VOTING: John Richards, Chairman, Richard Neitz, Diane
Moudouris, Sean Igoe, and James Robertson.
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 for the expansion of its recreational facilities (use N11) to
add a skateboard park, and to expand the arcade building. The property is located in the B2
zone. The site contains approximately 9.91 acres of area.
The proposed alteration includes the construction and operation of a skateboard park facility.
Everyone entering this facility will have to enter through the facilities building for security
reasons. The building will also be expanded to add more room for arcade games, 2
function/birthday rooms, with star and office facilities on the new second floor. No customer
access to the second floor is proposed. No increase in the number of licensed games/machines is
requested. The facility will maintain its present hours of operation, closing by 11:00pm. Only
the arcade, skateboard park and birthday party rooms will operate annually; the rest of the
facilities will remain seasonal.
The lights for the facility will be controlled on site, directed and focused downward, so as not to
spill off site. The building and facilities are located a significant distance from the road, and will
not impinged upon any residential neighbors. No increase in staff will result. Additional
overflow parking is provided on the adjoining property, also owned by the petitioner.
The Police Department, Recreation Department and Chamber of Commerce all spoke in favor of
the proposal.
The Board finds that the proposed expansion and alteration will not be substantially more
detrimental to the neighborhood or town, and will not cause or contribute to any undue nuisance
hazard or congestion. The Board finds that the business is run in a responsible and orderly
fashion and that those new facilities will meet a local and tourist need. The Board finds that the
existing parking is adequate for the present and proposed use without the need for upgrade.
A motion was made by Mr. Robertson, seconded by Mr. Igoe, to grant the Special Permit for the
expansion of the arcade building, for the addition of the skateboard park and for the associated
site alterations without further upgrade of the rest of the parking lot, as requested, and as shown
on the site plans and architecturallfloor plans filed with the Board. To the extent necessary,
Special Permit #512 (1960) is hereby modified, consistent with this decision. An as built site
plan will be required and filed with the Board, prior to the final occupancy permit being issued.
The reserve parking area shall be built if, at some time in the future, either the Board or the
Building Commissioner determines the additional parking is needed. All lights for the
skateboard facility will be designed and operated so as to contain the light on site, and not
become a nuisance to the abutters or neighborhood.
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) Unless otherwise provided herein, a Variance shall lapse if the
rights authorized herein are not excised within 12 months. (See MGL c40A § 10)
David S. Reid, Clerk
2