HomeMy WebLinkAbout5167 785 Route 28 Building Commissioner Memo 03.14.255167 - 785 Route 28 - Building Commissioner Memo
RECEIVED
From: Grylls, Mark <mgrylls@yarmouth.ma.us>
Sent: Friday, March 14, 2025 11:16 AM MAR 14 2025
To: Fallon, Dolores <dfallon@yarmouth.ma.us> YARMC M
Subject: 785 Route 28 BAD OFAPPEALS
Hi Dolores,
Thank you very much for the draft memo as we discussed a week ago. You saved me a bunch of time. I do have some
slight modifications for the ZBA to consider.
TO: Zoning Board of Appeals
SUBJECT: 785 Route 28, Unit 6 - Petition #5167
Having reviewed the request for relief in this matter at the time of application, I provide the following regarding the relief
sought by the applicant.
Table 202.5 allows a K11 Misc. Business use by right in the B2 zone provided there is no outdoor storage of equipment or
material.
In addition, Table 202.5, Footnote 49 in the Yarmouth Zoning Bylaw, home offices (Q6 use) are allowed by -right if they
meet the definition of a home office.
The definition of home office reads as follows:
HOME OFFICES - A non-residential use conducted within a dwelling unit that is accessory to the primary residential use
and carried on by a permanent resident of the dwelling unit. Allowed home office occupations include office -type
activities, conducted by telephone, computer, fax and mail, with no signs, no storage, no employees, no
clients/customers visiting the premises, no on -site retail, no outdoor activities and no deliveries or shipping other than
through the US Postal Service, FedEx, UPS or similar services.
However, per Decision #4485, dated October 31, 2014, the Zoning Board of Appeals allowed for Multi -Family Uses at the
property, with conditions, including the following:
1. Any nonresidential uses which unit owners may want to make of their units, whether permitted or not under the
zoning bylaw and the zoning district in which the property is located, shall require relief from the Zoning Board of
Appeals, regardless of whether a Special Permit or Variance is needed;
As a result of this previous decision, the Building Commissioner determined that the petitioner must seek relief from the
Zoning Board of Appeals for a business or home office use. See also Zoning Determination dated February 21, 2025.
If there are any questions let me know.
Thank you,
Mark
MARK GRYLLS
DIRECTOR OF INSPECTIONAL SERVICES / BUILDING COMMISSIONER
TOWN OF YARMOUTH
(508) 398-2231 x 1260