HomeMy WebLinkAboutDecision 931 934-940 Route 28�,�> f/—P 5c l -)-P-
TOWN OF YA MOUTH
' BOARD OF APPEALS
Filed with Town Clerk: MAY 2 1 1868 Hearing Date: March 20, 1969
Petitioner: Nickenello Realty Corp. Petition #931 AIKA�
DECI57ON
the petitioner requested approval of the Board to operate a children's "kart" ride
facility.
Members of Board of Appeals present: Harold L. Hayes, Howard Spurr, Eldredge Sham, George
White, Emmanuel DaTiberio.
It ap sari ng that notice of said hearing has been given by sanding notice thereof to the
petiUbner and all those owners of property deemed by the Board to be affected thereby,
and that public notice of such hearing haking been given by publication in the Cape Cod
Standard Times on 3/6/69 and 3/13/69, the hearing was opened and held on the date first
above written.
The following appeared in favor of the petition: Henry Mirphy,3r., Peter Deese, Leslie
Campbell., Ki Richard Robsham, by phone.
The following appeared in opposition: His. V1111am OtConnor, SUTAlan► O'Connor, Hr. & Mrs.
Robert H. Smitb, EVelyn Salt=nan, lgnny Dayton, Rotrert Colleton, Raymond Payne, John
Secrest, John Bresnahan, Alec Todd.
Reason for deciuion:
The following exhibits were presented for the Bardts consideration:
1. There was.wn artistrs conception of the proposed project des ted "John L. Higgins,09".
2. There ryas 4a oketch of the portion of the pi oyerty owned by the petitioner that would be
utilized for the facility that was a subject of thie hearing.
3. There was -also a petition submitted to the Board opposed to granting of petitioner's reque
and several 16tters in opposition as well as correapondvace favoring petitioner's request.
TK Board considered this request as coming within the section of the zoning by-law that
allows amusenmats only upon the apgr$val of this Board.
The Board rotes and considered the existing use of the faci'! itie$ and was of the opinion
that the requested use uvuld add great aongeation to the area.
The Board is of the opinion that: the present use of the facilities is such that this
additional use would be, in the opinion of the Board, detrimental to the public good.
The Board considered the fact that the property is located aleng busy Routs 28 and is of
the opinion that it could create the type of activity that right well interfere with the
normal flog of traffic along this busy highway.
The Board notes that the petition was very carefully and. ably presented and the Board
received evidence of the cupability of the petitioner to operate the facility without any
serious problatns. However, the Board .fools that in this area the p1blic good would be
adversely affected.
The Board also considered separately the intent and purpose of the zoning by law and was
of the opinion that were this request granted the intent and purpose of the by law would
not be followed.
#931, Page, 2 .
The Board notes that the by --law does not allow this use without the approval of the Board
and therefore feels that whereas in its opinion the public good would be adversely
affected that this request is and must be denied.
Members of the Board voting: Farold L. Hayes, Jr., Howard Spurr, Eldredge Shaw., George
Waits, &mnuel DiTiberio. All voted not in favor.
Therefore, the Petition for Approval is denied.
Emanuel. DiTiVerio
Acting Clerk
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