HomeMy WebLinkAboutDecision 3887\ TOWN OF YARMOUTH
BOARD OF APPEALS
• '` t ' DECISION
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' •0M'`� oc:965.258 04-29-2004 1:51
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FILED WITH TOWN CLERK: March 23, 2004 r- c - i LLJ
PETITION NO. #3887
HEARING DATE: March 11, 2004
PETITIONER: Cynthia A. Vellone McCann dba Ford -Diamond Electric
PROPERTY: 539 Higgins Crowell Road, West Yarmouth
Assessors Map & Lot: 074.17 (64/E9 & E10) Zoning District: B3
MEMBERS PRESENT AND VOTING: David Reid, Chairman, John Richards, Joseph
Sarnosky, Richard Neitz, and Forrest White.
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 Variance from the requirements of §301.4.9, relative to buffer zones
around its existing G1 (storage yard) use. The property is in the B3 zone, where the use is
allowed and in the APD, where the use has been allowed by an earlier decision of the Board
(#3820-2003).
The parcel in question is triangular in shape, containing 16,273 square feet of area, on the
westerly side of Higgins Crowell Road. There are no buildings on this lot. It is used for storage
of materials in connection with the Electrical Supply business.on the adjoining lot. The lot is
fenced and gated, and "paved" with some compact material (no determination is made at this
time as to whether or not it qualifies as an impervious material).
The petitioner points out that the lots long pointed shape would render a substantial portion of it
useless if full buffers (20' front and 10' rear) were required. In addition, the rear abutting
property is an undeveloped well field property, where buffering would be wasted. The front
includes an approximately 18' wide strip of "shoulder", before reaching the road surface. The
petitioner contends that to require full buffers would be a substantial hardship, not only in terms
of cost but also in terms of disproportionate loss of use of the majority of the. entire lot.
The Board finds that the unusual shape of the lot does warrant some relief from the buffer
requirements of §301.4.9, for this storage area. Since no parking lot is included within the lot, no
other buffer requirements apply. Given the size and shape of the lot, and the open space to the
rear, it was felt that the buffering could be reduced to 10' in the front, without substantially
dGu"gAng from the intent and purpose of the bylaw. This is also possible because there will be
no buildings on the lot, and therefore less to shield from view of passers by.
A motion was made by Mr. Richards, seconded by Mr. Samosky, to grant so much of the
petition as requested a Variance from §301.4.9, to reduce the buffer as follows:
The buffer is reduced to 10' in from the easterly (front) lot line, with the chain link fence
to be moved back to at least this 10' line, and all fencing to be contained within the
petitioners' lot, and with the front 10' strip to be planted with arborvitae or similar
evergreen plantings, to be not less then 5' tall at planting and densely placed so as to
effectively screen the fence and storage yard from view (except within the driveways
shown on the petitioner's plan; all plantings and fence relocation to be completed within
6 months of this hearing date, and on the condition that this Variance is limited to the
present use. Any change of use will require further relie£ The members voted
unanimously in favor of this motion.
A second motion was made and seconded to allow the petitioner to withdraw, without prejudice,
all other forms of relief requested in the application. The members voted unanimously in favor
of this 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 c40A §9) Unless otherwise provided herein, a Variance shall lapse if the .
rights authorized herein are not excised within 12 months. (See MGL c40A § 10)
David S. Reid, Clerk
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