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HomeMy WebLinkAboutDecision 1557 932 Route 28TOWN OF YARMOUTH BOARD OF APPEALS Filed with Town Clerk: MAY 1 4 1579 Hearing Date: April 19, 1979 Petition No. 1557 Petitioner: Bass River Sports World, Inc., Route 28, Bass River, Mass. 0 �3 DECISION The petitioner requested permit to: allow in a Highway Commercial District the construction of a 40' by 80' addition to an existing building and to allow it to be used for indoor recreation consisting of coin operated recreational devices. Property is known as Bass River Sports World and is located on,Route 28, South Yarmouth, Mass., and is shown as Parcel W3 on Assessors map No. 35. Members of Board of Appeals present: David Oman, Morris Johnson, John Marchildon, Myer Singer, Judy Sullivan. 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 hearing having been givem.-by publication in the Cape Cod Times on April 2 and 9, 1979 the hearing was opened and'held on the date first above written. -The following appeared in favor of the petition: 'Attorney Jonathan Fitch Several members of the Nickinella family. The following appeared in opposition: None Season for decision: In making this decision, the Board was concerned with (a) the architecture and quality of construction of the proposed building; • (b) the detrimental effect an amusement, such as that requested, would have on children i.e. attracting persons who are too young, would it become a hang --out; (c) adequate sanitary facilities; (d) adequate parking due to an increase in patrons despite petitioner's belief that only patrons waiting to use other facilities will be attracted to this. The Board believed this kind of amusement attracts a participant all its own. The Board voted to grant a conditional approval as follows: (a) The grant shall be for two (2) years.* (b) Operable rest room facilities (one male, one female) must be installed in the new structure. Installation to be concurrent with opening of new facilities and installation to be in accordance with the present sanitary code, without restrooms, the Board deems this to be a nuisance for those needing the facilities and for other property owners and it could create a health hazard at this facility. (c) All parking for the entire complex is to conform to the require- ments established by the Town Engineer's Department and is to include catch basins, greenstrips, interior plantings and berms. (d) Closing of all facilities is to be at 11:00 p.m. with everyone *With review at that time, at which time if the Board approves of the operation as it has been run, this grant may be extended without further hearing. Bava River Sports World D6cision Page 2 vacated from the premises by Midnight and all lights except interior security lights are to be out. These four conditions are cummulative failure to observe anyi one will void the permit. In addition, there is to be traffic and crowd control by a police officer if requested by the Chief of Police. Membersof Board voting: David Oman, Morris Johnson, John Marchildon, Myer Singer, Judy Sullivan. Therefore, the Petition for Approval is granted with conditions ex- pressed in the decision. ,And we authorize a variance to: same as above. No permit issued until 20 days from date of filing decision with Town Clerk. ROBERT W. SHERMAN Clerk t.