HomeMy WebLinkAboutDecision 3439 December 17 1997FILED WITH TOWN
PETITION NO:
OF YARMOUTH
W OF APPEALS
DECISION
her 17, 1997
HEARING DATE: December 11,1997
PETITIONER: XhadlImad d/b/a Imad Enterprises
RECEIVED
297 IEC 17 P 2 :18yw
10RN OF YAiIKU1U1K
lcgiN CLERK & TREASU i.
PROPERTY: 1308 Route 28, South Yarmouth
Map: 53 Parcel: E19 Zoning District: B2
ZONING ADMINISTRATOR PRESENT AND VOTING: Jerome Sullivan, Vice -Chairman,
Mike Strobl, Leslie Campbell, John (Richards, James Robertson.
PETITIONER #3439: Jihad Imad d/b/a Imad Enterprises, 1308 Route 28, South Yarmouth,
MA. Assessor's Map: 53, Parcel: E1. Petitioner seeks a Special Permit under §202.5 of the
Yarmouth Zoning By-law and or fo ' a use authorized in the "Use Regulation Table" §H4, to sell
not more than 5 used cars. '
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. I I
The petitioner presently operates at the site in question a full service gas station. The petitioner
seeks permission to allow, as an accessory use, the incidental sale of used automobiles on the site.
The use (H4) requires a Special Pe ' it per §202.5
petitioner etitioner represents that Ihe}� would have a maximum of five (5) automobiles for sale at any
time. They would have no signs for the used car sales, and it would remain a secondary and
incidental business only. The vehicles for sale would be parked to the easterly side of the existing
building.
The Board finds that the propo d use would not be expected to cause any undue nuisance,
hazard or congestion, nor any substantial harm to the character of the neighborhood. However,
since it is a small site, and a new venture, it was felt advisable to limit the initial permit to one
year, so that the operation could be reassessed prior to the issuance of any further permit.
A motion was made by Mr. Robertson, seconded by Mr. Richards, to Grant the Special Permit, as
requested, for accessory used care sales, not to exceed five (5) vehicles, on the condition that
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there be no signs advertising or pros
and on the further condition that lthe
to the one year expiration, apply for
in favor of the motion.
No permit shall issue until 20 days f
from this decision shall be made; pt
after the filing of this notice/decision
David S. Reid, Clerk
►oting the car sales, except signs in the service station office,
permit shall be for one year only. The petitioner may, prior
m extension of the permit. The members voted unanimously
the filing of this decision with the Town Clerk. Appeals
nt to MGL c40A §17 and must be filed within 20 days
i the Town Clerk.
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