HomeMy WebLinkAboutDecision 539A
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Tow-
July .6.,
1961
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pau--:'ton for appro-val o,--.
The --et--,tzoner 11 xxxxxxxxx approval of the Board of Appeals
to allow operation of a trampoline center on the premises on Route
28, Bass River, now known as Bass River Sports World, shown on
Assessorst Map 36 A-1, land now in the name of Gilbert & Sarah
Studley on the Assessorst records.
Memberv. of 'jaoard of _~rya c
Pre sen �' -:�. � FL' i
Harold L. Hayes, Jr., Chairman None
Albert Webb
Alexander Catto
Paul Webber
Henry Tuominen
bi:er
pta%,cn, •3 June .15 and
June 2�,. -l.9 --,ao, ortrjed nm on
n!ri ".- +on.,
it A!Cw.l
Mr. Daniel Sullivan, Attorney -at -Law, Hyannis
The follovinC appeared an opposition:
Mr. Daniel Fern, Attorney�at-Law, Hyannis, attorney for Myrtle
Colley.
Reason for Decision: It appeared that the petitioner requested some 14
trampoline units to be installed some 201 off of Route 28 along the
line of the property known as the Corral Motel and:'owned by Myrtle
Colley. The proposed structure included the trampolines together with
a small office. It also appeared that the installation would be on the
property known as the Sports World and which is operating under the
approval of this Board insofar as they are operating a miniature golf
course and a golf driving range. This Board specifically notes that
the hearing before this Board was for these specific purposes and does
not include any other ammsamrzt types of amusement. It further appeared
that under the by-laws of the Town of Yarmouth there can be no amusements
in a business area without the approval of this Board, and it further
appeared that this was an amusement center.
The Board is of the unanimous opinion that the public good would not
be furthered were this petition granted.
This Board has been very much concerned with amusements in the Town of
Yarmouth and there have been very few petitions for approval which have
been granted by this Board.
The present facilities, consisting of a miniature golf and a golf drivinc
range, were well planned and well designed and they have received the
approval of this Board. However, the Board feels that the request put
forward for the trampolines would definitely not be for the best interest:
of the Town and therefore denies this request. These trampolines would be
..%liteal se to theme Corral Motel. The Corral Motel is operating under the
approval of thin Board and there are many motels along Route 28 close to
the location of the proposed trampoline center. This Board is of the
opinion that the trampoline center in this instant case is too close to
Route 28 and also would be too clo_��� to the Corral Motel. However, the
Board does not rest its decisionjlsii'nhese two grounds. The Board feels
that this type of amusement would attract other amusements of similar
't-amxc3csae_yxidxm*oicscx-AsxaNtt�xRgcBs nature that this Board does not
4lE== daws-pt wish to encourage along Route 2E
The Board feels that it would not be in the best public interest and in it
discretion is unanimously of the opinion that this type of installation
an&xm=jk=d=xXxX-,WU ExxWt should not be approved. It also appeared at
the hearing that a license had been given to the petitioner by the Select-
men on the grounds that this was a business and not an amusement. However
this license it further appeared had been returned to the selectmen after
they had decided the installation was an amusement and therefore required
on xk)cx3fxkim*lox�xxccacid�axxzxxJd= the approval of the Board of Appeals under th
Zoning by-law. This Board specifically finds that trampolines such as thi
proposed by the petitioner which are to be set in open pits flush with the
ro nd f a jr!JuXre
hich has become uit popular in other areas are an amiss
ren , an8 d o the approv l oIQ" s Board.
No �Ct7t�tX C7PX`k 1(x�147f,�cXXt xxXMxKjt . �r X
Members of Board voting:
Harold L. Hayes, Jr. In opposition
Albert Webb it
Alexander Catto It
Paul Webber
�1 n a r e .. e• a o. x. o .... O t A a O. O C 0 d D O e 0 0 0
Henry Tuominen�x� Czer�
Therefore, the �etdt ion for approval is
denied.