Loading...
HomeMy WebLinkAboutDecision 962TOWN OF YAB1i0UTH BOARD OF APPEALS Filed with Town Clork: JAN 2 7 1970 Hearing Date: ll/2o/69 Petitioner: Rube Bros. Petition §962 DECISION �J The petitioner requested permit to eroct, maintain and operate a children's soo on land of petitioner situated in an industrial zone on Higgins Crowell Road, West Yarmouth, including a removable air shelter covering an arc& of approximately 1001 x 501 to house about 50 sna11 animals. Assessors nap 63 Yll. Members of Board of Appeals present: Emanuel DiTiberio, Howard Spurr, George Waite, Robert Shaman, Eldredge Shaw. 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 that public notice of such hearing having been given by publication in the Cape Cod Standard iimea on 11/6/69 and 3.1/13/69,.tho hearing was opened and hold on the date first above written. The following appeared in favor of the petition: attorney Richard C. Anderson, for potitioner. :ho following appeared in opposition: None. Reason for decision: The petitioner requested approval of the Board of Appeals for the erection, =Intenance and operation of a children+s zoo on land of the petLionor situated in an industrial zone at Higgins Crowell Road, Nest Yarmouth, including a removable air shelter covering an area of approximately 100, x 501 to house about fifty =all animals.. It appeared at the hearing that a.children's zoo similar to the one presently requested was operated by the petitioner at the sam property in 1960 and it further appeared there were no objections relative to this facility. The property that was a subject of this hearing was hoop on a plan of land designated loPlan for Marion F. Braun, dated December 15, 1958, Ed Kellogg — Civil Engineer, Ostervinell.which was filed with the petithn. It indicated that there was suitablo land for this operation, the property consisting of apymv'srately 4001 d Higgins Crowell Rock for a depth of approximately 4501. It appeared and it was not quostion6d that the area was in an industrial zone. The hearing falls under Section III, par. 5 of the zoning by-law and the approval of this Board is required as this is an amusemont. The Board notes that it has previously approved of this aauaemant and feels as this is a su=cr operation that it will not be detrimental to the neighborhood and will not affect the public good. It is noted by the Board that the facility is one that will appeal for the most pabt to children and the Board is of the opinion that this is a proper area for such a facility. The Board also considered the air sholtor structure and notes that this type of facility has boon used in other areas and feels that it is ideally suited for this typo of an operation. It appeared that the petitioners are well experienced in working with animals and zoos, being the fourth generation in this typo of business. The Board is of the opinion that the intent and purpose of th6 zoning by --law will be adhered to by the granting of the approval that has been requested. Petition #962 Pago 2 Thereforo, petitioner's request for approval is granted. Members of Board voting:. R==el DiTiborio, Howard Spurr, Eldredge Shaw, Robert Sherman, George Waite. All voted in favor. And we authorise the approval to allow petitioner's request in accordance with this decision. No permit issued until 20 days from date of filing decision with the Town Clerk, Howard Spurr Acting Clork TOWN OF YARMOUTH November 20. 1969 Ruhe Brothers Appeal No. 962 Members present: R. Spurr, Emmanuel DiTib erio, R. Sherman,'G. Waite, E. Shaw, The Chairman called the meeting to order and read the petition. All abutters were notified by Certified mail and the necessary correspondence was made in the Cape Cod Standard Times and the Dennis -Yarmouth Register. Mr. Anderson. I am the attorney for the petitioners. We have a plot plan 'here of the locus. It is in an industrial zone. The property is owned by the petitioners and has been since 1960. There was a zoo here operated during .1960 by the same people. It was operated under the approval granted by the 'Board, #487. This falls under Sec.3. Par.S; we need approval of the Board for this for amusement. In that previous decision, the Board said the operation -of a zoo would not affect the surrounding property, and the Selectmen could revoke the license. The zoo was operated during that summer and I have a letter, signed by the Selectmen sayiihg they thought a good job was done. In Sept. of 1964, they again came before this Board for approval -to revise this. It was felt at that time since there had been a period of 3 years we again needed the approval, 8703 this time. Again the Board said it was granted. At that time nothing was done about this. Now, 5 years later, they wish to establish it on a permanant basis. Now they are requesting permission to have a shelter. It is an air -supported structure, 100' x 50'. Within this structure, there would be the cages - monkies, birds and all small animals. Prior to coming to Cape Cod they operated this baby zoo at Franklin Park. I have a letter here saying how highly they were thought of there. They operate a zoo in California. We also have a letter fro m them attesting to the merits of the operation. Assuming the approval of this Board, they would operate between 10 and 8:p.m. June through S„pt. It will be about the same as it was In 1960. There will be baby elephants, lions, chimps, eta. As to safety to the patrons. we have never had an accident in the 9 years. Thm*animals are supervised all hours of the day. The Ruhe Bros.,Inc. are 2 brothers. They are the fourth generation in this type of business. 1848 was the first nne in Germany. The present operators are consultants to some of the largest zoos in the country. They have had a life of training and dealing with animals and zoos. Mr. Spurr: Would it be run about the same as before? Mr. Anderson: Ypa. There would be no kind of machines at all for amusement. Mr. Sherman: They propose to take this down and put it up each year? Mr. Anderson: Yes'. Tt is very easily done. Mr. Wiggins: I am not speaking in favor of opposed to this. One or 2 facts here. The lot'which is shown on the plan you have here is a parcel of land which is the subject to conflicting claims of ownership. A portion of owners is unknown. The other appears to be part of the Town of Yarmouth. This should be a part of the record and any decision made by your committee should call this fact to.the attention of the appelant.••To make it -clear, you should say'that.any decision here does not.give them any title claim., I have no opinion on the petition at all other than this. Mr. Anderson: In answer to his response, we are very well aware of the title ro ems concerning not only this lot but a great many lots in the area. A A :.. Sca!�: fir 'chn 100 �ee� - Dec" embers 15, EMXELLOGO CnviL ENG•R. 10500 N SO Yr �; 11000 0•(� s s ff •o ,� o0 o f .��p•, � c3 i R•Z v Iloco A)- 0 co �.. ,�� go 14 jo�*jere so j td V -s- ESQ � • ti