HomeMy WebLinkAboutDecision 3820TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION .
FILED WITH TOWN CLERK: May 6, 2003
PETITION NO. #3820:
YARMOUTH
TOWN CLERf ,,
7M MAY -6 PH S-- 07
RECEIVED
HEARING DATE: April 24, 2003
PETITIONER: Cynthia A. Vellone McCann, Trustee -Ford -Diamond Electric
PROPERTY: 539 Higgins Crowell Road, West Yarmouth
Assessors Map: 74, Lot: 17 (64/E9 ) Zoning District: B3
MEMBERS PRESENT AND VOTING: John Richards, Chairman, Joseph Sarnosky,
Diane Moudouris, Sean Igoe, James Robertson, Douglas Campbell, Alternate.
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 to overturn the decision of the Building Commissioner's determination that
a clearing permit was needed for the use of the Lot 11 (sub -division lot number), and that a
Special Permit was necessary in order for this petitioner to use the premises for storage of
materials used in the existing business on the adjoining lot.
The property in question is shown as Lot 11 on the petitioners Land Court plan, 428808E. The
petitioners existing business is on Lot 9, shown thereon. The Building Commissioner contends
that said Lot 11 was recently cleared of vegetation without the benefit of a clearing permit. The
petitioner contends that the prior owner of the property initiated the clearing several years ago
and that the use is allowed.
The Board finds that the clearing undertaken or completed by the petitioner in preparation of the
site for the expansion of its use did require a clearing permit and the use did require a Special
Permit in the APD. The use being made is for storage of materials and equipment. No customer
parking or access will be permitted in this area. As for the parking in front of the fence, it was
agreed that this area is .within the town road layout and is not parking on the petitioner's site nor
within the petitioner's control.
A motion was made by Mrs. Moudouris, seconded by Mr. Robertson, to uphold the decision of
the Building Commissioner, to find that a clearing permit was required before the recent clearing
was undertaken or completed, and to uphold his determination that a Special Permit was required
for use GI on Lot 11, in the APD. The members voted unanimously in favor of the motion.
A second motion was made by Mr. Robertson to grant the Special Permit for the use GI in the
APD. Mr. Igoe seconded the motion. The motion is made to authorize the use in the APD only.
No relief is proposed from the requirement for parking and buffers for the use. If those
requirements are not met, additional relief will be needed, but is not addressed at this time. The
members voted unanimously in favor of the motion.
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 notice/decision 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 § 103.2.5, MGL c4OA §9) Unless otherwise provided herein, a Variance shall lapse if the
rights authorized herein are not excised within 12 months. (See MGL c4OA § 10)
i
David S. Reid, Clerk
2