HomeMy WebLinkAboutDecision 1672 928A Route 28TOWN OF YARMOUTH
BOARD OF APPEALS.
Filed with Town ,Clerk: -�14 2 0 lCa
Hearing Date: 6/12/80
Petitioner: Loyal Order of Moose Petition No. 1672
;-..,-DECISION
'The'petitioner requested permit to: allow Yarmouth Lodge #2270,
Loyal Order of Moose to use jthe ,building..(house) iand%or:'adjacent
area -as a meeting place.and',foril:imite'ti social'functions. 'Such
meetings and functions are limited to members of the Loyal Order
of Moose and their guests.,- This is -'a -nonprofit Fraternal
Organization of In Stature,`and in*no way+will"it'
cr a nuisance-ax disturb any neighbors. Property located
1'928A Main Street outh Yarmouth, Massachusetts.
. Members of Board of Appeals present: George; Sherman, Henderson,
Renkainen and Murphy:
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 hearip having been given b publication.in'the-Cape Cod'
Times on S/Z /80 and 6/4/90 - ,'the hearing was open
and held on.' the date first' above' written.
Tpe following appeared in favor of'the petition: Anthony Nickinello,
Mr. :Weir,.Architect and member of.organization, Joseph Powers,
Powers Real Estate,.Mr. Mars and Mr'. Grey..
The following appeared in opposition: Margaret E. Belcour (by letter),
Churchill Smith 'and Mrs. Friedman
Reason for decision: This property is zoned residential, but this
is'a permitted use if approved. The -board felt that a use such
as this has a great propensity -to become a nuisance. There will
be times when large crowds will gather -and• -more -than likely. -the .�
gatherings in good weather will be out of,doors, thus creating
noise and possibly pollution. Even -if restrictions for certain
non -uses were imposed the'policing problems would be -too much
'of•a requirement for local.boards. Due to the narrow means of
ingress and egress there may be'congestion problems if advertised
public invited functions were held'.- The board also felt a
dangerous precident may be set by allowing -this type of use on
a shore of a lake that is not of such a nature that it could -
support -crowds. This area is'best left for residential use: -
Members of Board voting: Sherman, Henderson, Murphy and George
(Renkainen •abstained).. _.
Therefore, the petition -for -approval is: denied,
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Motion to deny•by George' seconded by Murphy
Three -votes in favor: Henderson, Sherman; Murphy
One vote against: George
One abstained: Reakainen
'ROBERT W. SHERMAN''
Clerk
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