HomeMy WebLinkAboutDecision 4032TOWN OF YARMOUTH Y-l" RN40P i H
BOARD OF APPEALS ,^ . •': ' ^:1 FRK
DECISION
FILED WITH TOWN CLERK: May 9, 2006
PETITION NO. 1/4032
HEARING DATE: April 27, 2006
PETITIONER: Donna Dewey
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Bk 21059 Pw222 033686
06-01-2006 of 03=35P
PROPERTY: 35 & 41 Industrial Park Road, West Yarmouth.
Map and Parcel: 74.13 Zoning District: B3 & APD
MEMBERS PRESENT AND VOTING: David S. Reid, Chairman, John Richards, Joseph
Sarnosky, Sean Igoe and Richard Neitz.
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 to the public by posting notice of the
hearing and published in The Register, the hearing was opened and held on the date stated above.
The petitioner seeks a Special Permit pursuant to bylaw §202.5, for a Canine Day Care business, use codes J6 &
K11. The property is in the B3 zone, and is improved with a two (2) unit commercial/industrial building.
The petitioner proposes to occupy one of the units of the existing building. They will construct an outdoor
fenced in area for the dogs, to be located adjoining the existing overhead door (as shown on the revised plot/site
plan, received April 27, 2006, at the hearing). It will be enclosed with a 6' stockade fence. It will, as required
by the Health Department, have a paved base, covered by an impervious liner, covered with a layer of soil. All
animal waste, both within the fenced area and within the building, will be carefully collected and stored, and
disposed of off site. All animals will, except when arriving and departing, be kept within the building or within
the fenced enclosure.
The business will operate between 7:00 a.m. and 7:00 p.m., seven (7) days per week. Only day time service
will be provided. No overnight kennel service or veterinary or grooming service will be offered. The center will
be limited to not more then 50 dogs. There will be between 2 and 4 employees on site.
The Board finds that the proposed use, at this location, will not cause any undue nuisance, hazard or congestion.
The site is remote, with few neighbors and virtually no traffic. Emergency veterinary services are available
nearby (on Ansel Hallet Road). The petitioner has received a favorable determination of non -applicability
under the APD bylaw. However, that only addresses the use J6. The petitioner will seek a corresponding
determination as to use classification KI1. Since t'he determination has already been favorably reviewed, in
part, the petitioner agreed to withdraw without prejudice the request for an APD Special Permit, at this time.
Therefore, a motion was made to grant the Special Permit, as requested, on the condition that the petitioner
complies with the Health Departments requirements as to the fenced in area and waste disposal, and to allow the
withdrawal, without prejudice of the APD relief requested. The members voted unanimously in favor, the
Special Permit is granted.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this
decision shall be made pursuant to MGL c40A section 17 and must be filed within 20. days after filing of this
noticeldecision with the Town Clerk. Unless otherwise provided herein, the Special Pemut shall lapse if a
substantial use thereof has not begun within 24 months. (See bylaw $103.2.5, MGL c40A §9)
David S. Reid, Clerk t