HomeMy WebLinkAboutDecision 4823FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
94823
Bk 32542 PziP208 063421
12 l3--2U19 of 10:01[t
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
October 31, 2019
October 10, 2019
Jay Imad
PROPERTY: 1282 Route 28, South Yarmouth, MA
Map & lot#: 0060.132; Zoning District: B2
Book[Page: 20629/48
MEMBERS PRESENT AND VOTING: Steven S. DeYoung, Chairman, Dick Martin, Thomas
Nickinello, Susan Brita and Tom Baron.
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those
owners of property as required by law, and to the public by posting notice of the hearing and
publishing in Tlie Register, the hearing opened and held on the date stated above.
The Petitioner, Jay Imad seeks a Special Permit to sell used cars at an existing gas station parking
lot in connection with property located in a B-2 and HOMDI Zoning Districts. The Petitioner
presented the petition and explained that the site, an operating gas station and mini -mart, was also
the location for local U-Haul rentals. He no longer intended to operate the U-HauI business and,
instead sought to sell used cars, an activity allowed at other similar locations along Route 28.
The Board expressed concern over the number of cars the Petitioner sought to park for purposes
of sale. Recognizing the limited parking at the location and the need for customer and employee
parking, the Board felt that no nuisance, hazard nor congestion would result if the cars offered for
sale were no more than eight (8) at any one time. This would be in keeping with the present and
future character of the neighborhood and Town, particularly as this property is in a B2 Zoning
District.
No one spoke in opposition to the Petition nor in favor of it. No exhibits were received. The
Board did have the benefit of Site Plan Review Comments and considered these in its decision.
After due consideration, a Motion was made by Mr. Nickinello, seconded by Mr. Martin to grant
the requested relief on the conditions that: 1.Only eight (8) vehicles parked on the site for sale
1
at any one time; 2. Screening fence be installed along the westerly side of the property; 3. 'Ilat
two trees are to be planted and maintained, as per the submitted plans; 4. That the landscaped
buffer beds be generally cleaned, improved and maintained, and, 5. That there be a one (l) year
review of compliance with the terms of this approval.
The Board voted in unanimous favor of the grant of a Special Permit as prayed for by the Petition
on the conditions so stated.
No permit shall issue until20 days from the filing of this decision with the Town Clerk, This decision
must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. Appeals
from this decision shall be made pursuant to MGL c40A section 17 and most be filed within 20 days
after filing of this noticeldecision with the Town Clerk. Unless otherwise provided herein, the Special
Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw, MGL c4OA
§9)
Steven S. DeYoung, LImfrman
2
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