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HomeMy WebLinkAbout5116 228 Route 28 Summary of Reasoning1 Law Office of Singer & Singer, LLC 26 Upper County Road P. O. Box 67 Dennisport, Massachusetts 02639 Andrew L. Singer Tel: (508) 398-2221 Marian S. Rose Fax: (508) 398-1568 _____ www.singer-law.com Myer R. Singer (1938-2020) Yarmouth Board of Appeals 228 Route 28, West Yarmouth SUMMARY OF REASONING James Ruma [“Applicant”] is the proposed, short-term tenant at 228 Route 28 in West Yarmouth [“Property”]. The Property (Assessor’s Map 37, Parcel 148) is located in the B2 Zoning District and was formerly the site of a restaurant. The previous restaurant building has been demolished. Remaining improvements on the Property consist of the concrete slab for the former building as well as a large, paved parking field. The Applicant would like to open a temporary, seasonal plant sales area for this season through Fall, 2024. He proposes to re-use twenty-eight (28) of the existing parking spaces and install a temporary fence enclosure and display tables for the plants as shown on the submitted plan. Sales would be during the daytime only (9:00 a.m. – 6:00 p.m.). No other changes are proposed for the site in connection with this temporary use. The Property owner is in the process of permitting a long-term redevelopment and complete site upgrade of the land. Last year, there was a request before the Board by a different petitioner for a go-kart use on the Property which was not approved. Recently, the Applicant appeared before the Site Plan Review Team to discuss his proposed plant sales. The Building Commissioner noted that while the H1 use is otherwise permitted by right, variance relief would be required in this instance from the provision of Section 202.5, Footnote 2, because the bulk of display and sales (in this case 100%) would not be conducted inside a building. 2 The Board of Appeals is authorized to grant variances in accordance with Section 102.2.2 of the Yarmouth Zoning By-Law [“Zoning By-Law”] and M.G.L. Chapter 40A, Section 10, upon finding that a literal enforcement of the Zoning By-Law would involve substantial financial or practical hardship to the Petitioner, that the hardship is owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures, but not affecting generally the zoning district, and desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By-Law. The Applicant respectfully submits that the criteria for a variance from the requirement that the bulk of display and sales be conducted within a building are satisfied for this otherwise permitted, garden supplies use because: 1. The requested relief is temporary for 2024 only; 2. The use will only be during the daytime and will be quiet; 3. There will not be a great deal of traffic generated by the temporary use; 4. The Applicant grows his own plants and has long been looking for a suitable place to sell them locally; 5. Outdoor display and sales of an inventory consisting of living plants is appropriate for a permitted H1 garden supplies use; 6. The previously-developed, but currently vacant Property is a unique site that lends itself to the proposed temporary use, while long-term redevelopment is being permitted through the regulatory process by the Property owner with ultimately upgraded buffers, drainage, septic, and parking; 3 7. Not allowing otherwise permitted plant sales to be displayed and conducted outside will result in a substantial hardship to the Applicant in not being able to sell plants he grows locally from a site generally permitted for such use under zoning; and 8. The requested relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By-Law for all of the reasons set forth above. Based on the foregoing, the Applicant respectfully requests that the Board of Appeals make findings that the proposal satisfies the variance criteria set forth in the Zoning By -Law and grant the requested relief to allow temporary, outdoor display and sales of garden supplies (plants) as shown on the submitted plan.