HomeMy WebLinkAboutDecision 3523 February 24 1999FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY:
MEMBERS PRESENT AND
Michael Jones, Joseph Sarnosl
T WN OF YARMOUTH
BOARD OF APPEALS
DECISION
'3 FT 2 r%:15
2491999. r r_r K l z. T`r. :..' . .
rua 111,1999
Jihad I I ad dba Imad Enterprises
1308 Route 28, South Yarmouth
Map: 53 Parcel: E19 Zoning District: B2
IG: James Robertson, Chairman, John Richards,
O'Loughlin
It appearing that notice of said he' UT bas 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 petitioners seeks a Special Permit per bylaw §202.5 in order to conduct used car sales, (use
H4) at this existing service statio
The petitioner is represented at the hearing by Attorney John Biega and accompanied by Mr.
Ahad Imad.
The petitioner proposes to conduct d car sales, in conjunction with this existing automobile
service station business. There wool be not more than five (5) cars for sale at airy one time. The
petitioner was granted a Special Permit to conduct this operation in 1997 (Decision #3439-1997)
but through oversight on his part; the decision lapsed. He now seeks to resume the business on
the same terms and conditions.
No one appeared in opposition to he petitioner. However, the Planning Board fib lrwarded a
memo expressing concern for the petitioners past practice of parking vehicles wit hm the site
buffers.
The Board finds that the requirements of §103.2 have been met and the proposed may be
resumed. The Board further finds that the proposed use will not cause any undue nuisance, hazard
or congestion, and will not cause' undue harm to the neighborhood or town.
I
Therefore, a Motion was made by Mr. Jones, seconded by Mr. O'Loughlin to grant the Special
Permit as requested and as represented in the hearing in order to allow the petitioner to conduct
an accessory use, Used Care Sales �(H4), subject to the following additional conditions and
limitations:
1) Not more than five (5) cars may be located on the premises which are available for sale at
any time,
2) No parking of vehicles will occur in the buffer zone,
3) All other conditions and
reference,
4) If any violations of the condi
the petitioner before the Boa
The members voted unanimously
therefore granted.
No permit shall issue until 20 days
from this decision shall be made j
after the filing of this noticeJdecisio
David S. Reid, Clerk j
imposed in decision 43439 are incorporated herein by
and restrictions occurs, the Building Inspector may bring
d the Special Permit shall be revoked.
favor of this motion. Therefore, the Special Permit is
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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