HomeMy WebLinkAboutDecision 1557TOWN OF YARMOUTH
BOARD OF APPEALS
Filed with Town Clerk: 114AY 1 d IS79 Hearing Date: April 19, 1979
Petition No. 1557
Petitioner: Bass River Sports World, Inc., Route 28, Bass River, Mass.
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 given. -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
eason 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.