HomeMy WebLinkAbout5108 258 Higgins Crowell Rd Decision Certified 07.15.24YARMOUTH TOWN CLERK RE
JUL 15 }24 Am 11:30
TOWN OF YARMOUTH
0 BOARD OF APPEALS
_ DECISION
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
July 15, 2024
5108
May 23, 2024
Pearlene H. Dawkins
PROPERTY: 258 Higgins Crowell Road, West Yarmouth, MA
Map 55, Parcel 30
Zoning District: R-40
Land Court Lot #29, Plan #28750-A
Certificate of Title #207993
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Jay Fraprie, Barbara
Murphy, and Tim Kelley
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 The Cape Cod Times, the hearing opened and held on the date stated above.
The petitioner is Pearlene Dawkins who seeks relief with respect to property located at 258
Higgins Crowell Road, West Yarmouth, Massachusetts, which property is located in an R-40
zoning district and contains 13,939 square feet of area. The property is on a corner lot with two
driveways: one driveway on Higgins Crowell Road and one driveway on Lavender Lane.
The Yarmouth Building Department received a complaint that a business is being operated from
the property. The petitioner received a violation notice, dated April 2, 2024, from the Building
Inspector, that per §202.5, F-3 use (trucking and warehousing) is not allowed in a residential
zone.
The petitioner is not the owner of the trucks, but is allowing a third party to store the trucks on
the property as well as load and unload cargo to and from the trucks. The petitioner seeks to
reverse the decision of the Building Commissioner andror a Variance to allow F-3 use in a
residential zone for commercial delivery truck parking.
The Board received two letters of opposition to the petition. In addition, one abutter spoke in
opposition at the hearing. The abutters were concerned about safety for pedestrians, bicyclists,
and motorists, especially when two trucks are parked on Lavender Lane to transfer cargo to a
third truck, forcing motorists to drive against traffic to get around the trucks.
The property is located in a residential zone and trucking and warehousing is not allowed in a
residential zone, a clear violation of the zoning bylaw. The Board determined to uphold the
decision of the Building Commissioner.
A motion was made by Mr. Fraprie and seconded by Mr. Kelley to uphold the decision of the
Building Commissioner. On a voice vote (4-0), the decision of the Building Commissioner was
upheld.
The Board then discussed the petitioner's request for a Variance. In order to meet the criteria for
a Variance, there must be a hardship. There is no financial hardship because the petitioner does
not own the trucks; the petitioner is allowing a third party to store the trucks on the property and
park the trucks on Lavender Lane to loadi unload cargo. There is also no hardship owing to the
soil conditions, shape, or topography of the land. The petitioner does not meet the criteria for a
Variance.
The Board determined that granting a Variance in this matter would substantially derogate from
the intent or purpose of the zoning bylaw.
A motion was made by Mr. Fraprie and seconded by Ms. Murphy to approve the Variance. On a
voice vote (0-4), the Variance was denied.
Sean Igoe, Vice Chair
CERTIFICATION OF TOWN CLERK
I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have
elapsed since the filing with me of the above Board of Appeals Decision #5108 that no notice of
appeal of said decision has been filed with me, or, if such appeal has been filed it has been
dismissed or denied. All appeals have been exhausted.
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Mary A. Maslowski, CMC) N(14 0-1
AUG - 8 2024