HomeMy WebLinkAboutDecision 932 908-922 Route 28Filed with Town Clerk: MAY 2 1 1969
Petitioner: Kiddictime Corp.
T(7,3Tr OF YARMOIITH
BOARD OF. APPEAIS
DBC
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Hearing Date: Yky 1, 1969
Petition #932
The petitioner requested permit to: 'allow the operation and location of 12 coin -activated re-
creational devises an the premises of the Bass River Sports World,lnc., Route 213, South
Yarmouth, assessors map 35-93-
Meabers of Board of Appeals present: George White, E=nuol DiTiberio, Joseph Greelish,Jr.,
Walter Anderson, Howard Spurr.
it appearing that notice of said hearing has been given by sending notice theroof to the
petitioner and all those owners of property deemed by the Bard to be affected thereby, and that
public notice of. such hearing havira been given by publication in the Cape Cod Standard Times
' on 4A?/69 and 4/24/69, the hearing was opened and held on the date first above written.
�. The following appeared in favor of the petition; Sumer Segall.
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The fallowing appeared in opposition: Paul Anderson.
Reason for deoi.sion:
The Board noted:that this petition is under the section of the coning by -lag that requires
amusements to roc.oive the approval of the Board of Appeals.
The Board, after a consideration at this hearing was of the opinion that the request submitted
by the petitioner Yqould be detrimental to the public good.
The Board notes that auusoments in tho W= of Yarmouth have been granted apmringly and only
following a hearing before this Board.
This Board considered at longth the request that wan submitted by the petitioner and the
typo of recreation'that was outlined in the petition and is of the opinion that in this
particular aroa•.that this could have an adverse affect upon the town.
The Board noted that the vast rajority of the patrons come to this area by ear and the -Board
noted that the promises are presently baing usod, in addition to the golf course and
a.lied facilities:, by a restaurant special' ing in the servinh of pizzas. Sire Board does -not
feel that this requested use could be for the boat interests of the town and the Board farther
does not foel,it would be in keeping with the intent and quit and purposo sot forth in the
coning by-law.. ;.
The Board nbbes. that tho tot,in coning by-law could have allowed amusements in this area, but
chose to a31ou amtis ments only after a hearing before this Board.
This Board feels. that in this instance the public good would be adversely affected were
petitioner's request not granted.
Hembors of Board voting: George Waite, E=an=l DiTiberio, Joseph Grealish,Jr., Walter.
Anderson, Howard Spurr. Voted not in favor.
Therefore, the petition for approval is denied.
I{oward Spurr
Acting Clerk
MEN.z._z, 1969
#9 3� flekenallo Realty
Memo ss present: Emmanuel DiTiberio, Howard Spurr, George Waite, Walter
Ande non. 'Joseph Greelish.
Time b irman called the meeting 'to order and read the petition. All abutters
w®rt—_notifled by Certified mail and the necessary publication was made in the
Cs:pem Cod Standard Times and the Dennis -Yarmouth Register.
14r. degall: lam President of Kiddietime Corp. I was advised by the Selectmen
of tie town that these were allowed by the town. I don't see why this had to
be brought before you but Mr. Catto said we would have to be here.
Mr. DiTiberio: The by-law says you must be here In order to have amusement.
o ya:t have any plans or anything?
Mr. -Segall: Uhis will be right next to the golf house. There is no big con-
stx-vrtion at all. Just a small addition. This is all inside and we own all
the units. 1t will be urider supervision at all times.
Mr. DiTiberio: It has been the policy in the past to not grant any request
wittiout plans of a building or addition. We want to know what we are approving.
Mr. 8 all r Any struoture that. would be used to house this. It could be used
in t e struoture now, but they want to make it easier on the flow of traffic.
Xa granted to find out if"the equipment would be approved. We were advised that
long as any addition' were in line with the existing type of buildings, that.
were there, there wouldn't be any problem. You know the type of equipment we
want. It is all approved by the Bureau of Standards of the Commonwealth.
Mr. Anderson: I am not an abutter to this property but I do know Route 28.
I aan almost compare this to Revere Beach. Every year they build public attrac-
tions to br#ng in more traffic. What he is propoe&.ng will not draw the refind
type of. people. What are the proposed things?
Mr. DiTiberio: Pinball machines, rifle galleries, and so on.
r. Anderson: You will draw a pretty tough arowd. It would be a very bad move.
Mrs-S.gall: What he said in so far as the traffic - I am not familiar with the
area, I have been in this business a long time. my father started ib 42 years
ago. The people who will use this will be the same people who come to the Cape
every year.
Hearing closed.