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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�.