HomeMy WebLinkAboutDecision 964 908-922 Route 28Filed with Town Mark: JAN 2 7 ' 1970
Petitioner: Loin,$ R. Hickiuello
TOM OF YARMUTH
BOARD OF APPEALS
3- -A/3
Hearing Date: 31/20/69
Potition #f 96k
The petitionor requested permit to: erect a new chain link fenao M1 i � high and a fence .50 ..
high. Also, to erect a new baseball cage in lieu of existing ones, on property kamm as Base
River Sports Ylorld, Route 28, So. Yarmouth. Shan as Assossors map 350.
Members of Board of Appeals prosont: Shaw, DiTiborio, Sherman, Waite, Spurr.
It appearing that notice of said hearing has been given by sending notice thereof to the
Petitioner and all those. ownwo of proporty doemed by the Board to bo affected thereby,. and
that publio notice of such hearing having been given by publication in the Caps Cod Standard
Times on 11/6/69 and 11/13/692 the hearing was oponed and hold on the data first above written.
The following appeared in favor of the petitions Anthony Nickinello.
The`follusing appeared in opposition: Hone.
Re*bon for decisio,•,Bt
It appeared at the hearing that the petitioner desired to erect a new chain link fence 801 high
and a fence 503 high. It appeared that this fence would be erected on preoont facilities used
by the petitioner in conjunction with its business known as "Sports Worldir.
It appeared at'the bearing that the nest Stop and Shop facility which abute,petitionor could
prescnt a probltm in that if the petitioner did not have ample facilitien t; contain the golf
b& 1s on his own property there could be an accident.
It appeared tha t the' public intorost would be furthered by petitioner erecting the fence as
requested.
The petitioner was asked by the Board whether or not* there were ate 31ghts on the poles and they
were informed that there would not be any lights on the poles and also the petitioner indicated
that there would be no signs on this fence.
The Board considered this a s a matter that could be granted by special permit and the Board
after considering all of the facts felt that the public good would be enhanced by grant
Petitioner's request and therefore a spacial permit is granted on the condition that there by
be no aigps and no lights on the fames.
The Board also was'of the opinion that new baseball cages in lieu of existing ones was a reason- _
able substitution of -exist facilities and would not change the existing use of the property
and this is granted. __....-
Members of Board voting.. Shaw, DiTiberio, Waite, Sherman, Spurr. A31 voted in favor.
No permit issued until 20 days from data of filing decision with the Town Clark. i
Howard _Smm
Acting Clark
TOWN OF YARMOUTH
BOARD OF APPEALS
November 20, 1969
Nickinello Realty
Appeal No. 964
Members present: H. Spurr, Emmanuel DITiberio, 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 DAnnis-Yarmouth Register.
Mr. Nickinello: I am the manager of the Bass River Sports World. We are
asking for an 80' fence. The reason for this is when we first built the range,
we had a wooded area. We have not purchased the Coral' Motel on the left. The
Stop & Shop is going in on the right. We anticipate some problems here. The
tee line is probably in error because it is arched and the balls will go in
the direction of the Stop & Shop. We feel it will be to the best interest to
do this. The fence is highbr than is allowed in the building code. We have a
Fence on the one side now which we will keep. We will use telephone poles
as guides for this fence. Each ball we lose costs us #.35. The chain link
will be 75' high. We can tie the fence so you can not see the separation.
A cable will run at the top of the pole.
Mr. Spurr: Any lights on the poles?
Mr. Niokinello: No. No lights.
Mr. Sherman: Are these high fences In existance any place else?
Mr. Nickinello: There is one in Quincy 1501 high. I want to straighten out
my teeline here too. This should control the direction of the ball.
Mr. Spurr: There will be no sign or lights or anything on the fence at all
If this is granted?
Mr. Nickinello: No.
Mr. Sherman: Is your new abutter aware of this?
Mr. Niokinello: Yes. I spoke to them. They are aware of this. I wanted to
put this fence in some time ago before the Stop & Shop came.
Mr. Anthony Nickinello: If we don't put this fence in we will have a lot of
- -.- suits. come An -on -As,
Mr. Louis Nickinello: The way it is now the building next to me, the Stop &
Shop, is right in line for the balls. We are still operating in the back of .
our -lot without anything on the side of us. We are in the open area here now.
Hearing closed.
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BOARD OF APPEALS - YARMOUPII= MASS.
Thin petition when completed and sipiad must find with fiwith the hoard of Selectmen, 1&=utha
1,6
e3achu3ette,0 along with.the Pee of $20.00+
Dat e:
Paid:
1. I, We,, hereby apIval rnn decision of the Building Inapaeto'r and petition your Board
tar u public hearing cn the actio:q checked below:
1. Review refusal of BuUdine Inapector to grant permit.
2. Decision of Solcctman,
2. •I6 Wao hereby roquest the action chocked below:
Z. Varian* from requirements of Yarmouth Zoning By -Law.
2 Approval of the Board of Appeals.
3. A npccifil potmit from the Board of Appoala.
To Glow:
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3. Rbaoon for the Board of Appeals action as chocked below:
1. Cortrsry to Zoning By -Law$ an follow$:
2.
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2. Aplraval of Board of Appeals, or S ci.�l Parai.t roqucatbd t:ndor the Following
aunt}on of Zonig fay -Law:
llama and addrassea of abuttini; jwcjperty owilara, .and. those 1 s6 s-i od tee-t.od Lhia
application. lat leant threa) •
Signad -
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