HomeMy WebLinkAboutDecision 636f+ } I
TOWN OF YARMOUTH
BOARD OF APPEALS
JUL 2 2 1963
Filed with Town Clerk:y
Hearing Date:
Petitioner: Bass River Sports World Inc. Petition #636
Anthony Nickinello, Pros,
DEC IS ION
July 11, 1963
The petitioner requested permit to allow a baseball batting rp,nge adjacent
to the present golf range known as Bass River Sports World on Route 28, Bass
River, South Yarmouth, Mass
Members of Board of Appeals present:
Harold L. Hayes Jr. - Chairman
H. Stuart Ryder
Alexander Catto
Albert Webb
Kenneth H. Studley - Clerk
It appearing that notice of said hearing has been given by sending otice
thereof to the petitioner and all thos* owners of property deemed the
Board to be affedted'thereby, and that public notice of such hear havinir
been given by publication in the Cape Cod Standard Times on 6/20 an 6/27/63,
the hearing was opened ,and held on the date first above written.
The following appeared Im favor of the petition:
66 persons on petition.
Judge Gershon D. Hall representing Bass River Sports World Inc.
Mr. Nickinello
Mr. William Rogers
Mr. & Ma's. Roy Wilsten
Mr. Bedard
The following appeared in opposition:
None
Reason for Decision: The Board notes this is a request for approval in
accordance with the provisions of the Yarmouth zoning by-law. The H rd fur-
ther notes that the area involved is a business area and that this H d did
previously, grant permission to the petitionerrto construct a golf r e being
a miniature golf course and a driving raz*e..
It appeared that the petitioner had erected the baseball batt!0�g
r e
without realizing that this was in violation of the zoning laws thTown
of Yarmouth and that the ni gattion of the, range- was subsequent to the proval
of this Board for the golf and driving 3}ange.
The Board was very much aware that a baseball range is removed a 0 eat
distance from the highway and it actually abuts on a west the motel down
as the "Corral Motel' The Board felt #bat the only p erty owner wh oould
be affected in any way by the approval which is sought am this Boar would
be the owners of the Corral Motel«
It was stated at the hearing by the owners of this motel that they ii� no
wag disapprovedthe use of the baseball range by the petition6rs. There s a
large number of persons present who indicated their approval ar.there w a
petition signed by a great number of owners of property in the %ediate
vicinity who expressed their approval..
The Board pointed out in the hearing and points out in this opinion that
there are to be no furtherchange in the facilities owned by the petitioner
4-%,— ..r«.... 7 _A Li.— T2___A "fl w ---.a .-IA --A. 9 .-■
advprsely affected and the intent of the zoning by-law would be substantially
a eiea to were this approval j -orpted .: =,� ;
Therefore, the request is-granted�wf Lithe understanding and upon the
condition that the baseball batting rithge-will be closed no later than 10 p.n
each night. Therefore the request for apAroval is allowed.
Members of d -voting:
v .
..
-Har o j, p s. Chairman.
- in favor
Alex.�nder Catto' in, f lq�qr~`
$; Stuart Ryder -bi favor
Albert Webb - in favor
Kenneth H. Studley 10 (;Jerk,--in-favor
Therefore, the petition for Approval
is granted.
Kenneth H.latdley
Clerk
._ .. .. , -.y _. •' ...
ter- .x-
:�• '2 Y
_ � .�:;�.".-. :Y�.