Yarmouth Board Denies Trucks in Residential Zone, Approves Housing and Solar Plans

The Yarmouth Zoning Board tackled contentious zoning issues in their recent meeting, leading with the unanimous vote to uphold the Building Commissioner’s decision to deny Pearline Dawkins’ petition regarding the parking of commercial delivery trucks in a residential zone. The decision, influenced by concerns over neighborhood safety and traffic, was a firm stance against commercial activity within residential areas. The board also granted a special permit to Murray and Carol Phelps for the conversion of an affordable accessory apartment into a rental, highlighting the need for more housing stock. Further considerations included a request from Sand Dollar Customs for an addition to a non-conforming structure, and deliberations on a proposal from DC Solar Inc. and Sunwell Property for the construction of a solar carport canopy, which was deferred due to insufficient documentation.

The discussion of the parking of commercial delivery trucks on a residential property was the focal point of the meeting. Pearline Dawkins, the petitioner, faced the board after the Building Commissioner’s decision against the parking situation on her property. Despite her plea of ignorance regarding zoning regulations, the board received letters from residents opposing the petition based on safety and traffic concerns. Neighbors pointed out the incompatibility of commercial delivery trucks with the residential character of the neighborhood. After considering the lack of hardship and potential neighborhood impact, the board voted to uphold the Building Commissioner’s decision, denying Dawkins’ request and reinforcing the zoning regulations with the mention of potential fines for non-compliance.

The board then turned its attention to a petition by Murray and Carol Phelps, who sought to convert an affordable accessory apartment into a rental unit. Without opposition from the public and in light of the petitioners’ compliance with regulations and intention to offer year-round rentals, the board members quickly moved to approve the request.

Following was the reconsidered petition from Sand Dollar Customs, which had previously been delayed due to the petitioner’s absence. The request involved constructing an addition on a pre-existing non-conforming structure. The representative from Sand Dollar Customs outlined the necessity for relief on the front setback, sparking a discussion among the board members about the lot size, property layout, and the addition’s proximity to the road. Questions arose regarding the interior layout and the necessity of the proposed dimensions. With the presentation provoking varying levels of concern among the members, the board requested a set of detailed floor plans for review before making a decision.

The board also addressed a petition for a three-foot relief beyond the setback average for a proposed building plan. Despite initial concerns about the impact on the tight-knit neighborhood, the board ultimately found the request reasonable in the context of the street’s layout and the size of neighboring homes. The approval came with a stipulation against future expansion of the building’s footprint.

The final significant matter involved a proposal by DC Solar Inc. and Sunwell Property for constructing a solar carport canopy over a parking lot. The board’s deliberations were stymied by a lack of comprehensive documentation, including pictures, elevations, and lighting plans. Additionally, the debate intensified over whether the petition should encompass a change of use, given the commercial/industrial nature of the project in a residential district. Due to these concerns and the project’s potential impact on the neighborhood’s character and appearance, the board members decided to postpone a decision, allowing the applicants time to provide a complete package of information.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Town Administrator:
Robert L. Whritenour
Zoning Board Officials:
Steven DeYoung, Sean Igoe, Jay Fraprie, John Mantoni, Dick Martin, Doug Campbell (Board Member Alternate), Timothy Kelley (Board Member Alternate), Barbara Murphy (Board Member Alternate), Richard Neitz (Board Member Alternate), Anthony Panebianco (Board Member Alternate)

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