HomeMy WebLinkAbout2006 Feb 03 - Board of Appeals Decision - Petition #4006 �r. �,.Y�
`� '�•� �`�`� F YARMOUTH
� r. .�,_� TOWN O �'�`t�i�J��UTH
O .�.. y BOARD OF APPEALS ;"{`�;',� t� ' �'�_�R K _
-_� ,� ,
� '''r►�G„E•• DECISION
' �'" `�? A,� 9• 55
TH TOWN CLERK: Februa 3,2006 �
FILED WI 1'Y � .__;' _ - i ,�
E t��... � __t Y i.._
PETITION NO. #4006
HEARING DATE: January 26,2006
PETITIONER: Judith E.Mann dba Celiac Salution #
' FEB 0 6 2006
PROPERTY: 7 Rita Avenue,South Yarmouth Book: 17796 Page: 53 �
Assessors Map/Lot: 79.43, Zoning District: R40 Fi� �.��.��- ��-_� _��, _
MEMBERS PRESENT AND VOTING: David S. Reid, Chairman, 7ohn Richards, Joseph Sarnosky,
� Diane Moudouris, Sean Igoe,and Douglas Campbell,Alternate.
It appearing tliat notice of said hearing has been given by sending notice thereof to the petitioner and a11
those owners of property deemed by the Board to be affected thereby, and to the public by posting notice
of the hearing and published in The Register,the hearing was opened and held on the da.te stat�above.
The petitioner seeks a Variance in order to condud a home business, (Use K-11) involving the
preparation and sale of gluten fi�ee foods. The petitioner's home is located in the R40 zone,where the use
is not allowed. The petitioner's property coutains appro�imately.23 acres of area,a�is improved with a
single-family home.
The petitioner represents that she is a sufferer of Celiac Disease, which necessities that she exercises a
completely gluten free diet. She has assembled her kitchen to accommodate this diet, and has been
ttained in this specialized diet and food selec�ion and preparation process. She wishes to be able to sell a
small quantity of the food she prepazes, and to be able to help others similarly affllicted to learn t�►e food
preparation process.
The food preparation process will include preparation of one dish, once per moirth,for her support group
meeting(located elsewhere). She also hopes to be able to sell a limited number of food products that she
prepares and freezes. There will be no deliveries of food supplies to her home by commercial carriers,
and no customers coming to her home in this process. Finally, she wishes to condud classes for athers
with the disease. These would occur one Saturday once per morrth, a�d would involve four people
coming to her home for appro�tely 3 hours at a time.
The petitioner and several people,who spoke in favor of her request,indicated that there is no comparable
service available in this eirtire area, including at or through the hospital. No one spoke in opposition to
the request;several le�ters were received in support of her request.
Tl� Board finds that the petitioners proposed use will be virtually indistinguishable, from the
aeighborhoods perspective, from activities customarily associated with her normal and present use of her
home. However, her ldtchen, with its special precautions, to assure complete freedom from gluten
products, is unique to the area a� is capable of offering needed and unique services. The Board finds
that tlie proposed use will nat cause any hann to the established or firture chara�er of the neighborhood,
nor will it substarrtially derogate&om the inteut aad purpose of the zoning bylaw. Because this is a new
use, for which the Board has no comparison, it was feh that a Variance should be carefully limited, at
least initially,for the protection of the neighborhood.
1
,.-
� Therefore,a motion was made to grant the requested use Variance,for Use K-11, but expressly restricted
to this specific use (a Celiac kitchen, with limited commercial food preparation and sa1e, with no
commercial deliveries or retail customers,and with monthly classes for not more then four(4)studeuts,as
represeYrted), on the co�ition that the Variance will be initially limited to a one year period, (one year
from the date this Variance becomes effective, by the issuance of the Board, of tlie Certificate of
Vaziance). Prior to the expiration of that time,the petitioner may reapply for a further extension of the
Variance, it being the urterrtion of die Boazd fhat, barring any unforeseen consequences, a further
extension of the Variance would be granted.
The members voted unanimously in favor,the Variance is granted as conditioned.
No pernut shall issue until ZO da.ys from the filing of this decision with the Town Clerk. Appeals from
this decision sha11 be made pursuant to MGL c40A section 17 and must be filed within 20 days after filing
of this naticeJdecision with the Town Clerk. Unless otherwise provided herein, a Variance shall lapse if
the ' authorized herein are nat excised within 12 mo�s. (See MGL c40A �10)
David S.Reid,Clerk
2