Yarmouth Board Denies Accessory Apartment, Grants Plant Sale Variance
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Meeting Type:
Zoning Board
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Meeting Date:
06/27/2024
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Recording Published:
06/27/2024
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Duration:
78 Minutes
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State:
Massachusetts
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County:
Barnstable County
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Towns:
Yarmouth
- Meeting Overview:
In a series of discussions that underscore the complexities of zoning regulations, the Yarmouth Zoning Board denied a special permit for the creation of an accessory apartment, citing non-compliance with bylaws and safety concerns, while granting a temporary use special permit for the seasonal sale of plants. The board’s decisions reflect the ongoing balancing act between development aspirations and adherence to local zoning codes.
The most notable issue of the meeting was the petition for an accessory apartment on a property severely impacted by a recent accident. The petitioner, Elias Sidel, sought approval to convert an unused garage into a 565-square-foot apartment, including plans for a bedroom and a kitchen. Board members engaged in a debate over the size of the apartment, its alignment with the minimum square footage requirement, and the overall safety and appearance of the property.
The board’s inquiry delved into the current status of the main house, the petitioner’s intentions for the use of the accessory apartment, and the impact of the addition on the property and neighborhood. Concerns about parking arrangements, the number of occupants, septic certification, and compliance with zoning bylaws were at the forefront of the discussion. The board ultimately refused the petition, advising the petitioner to prepare a more comprehensive proposal that meets the zoning requirements before resubmission.
On a different front, the board addressed a request by James Ruma for a temporary variance to sell plants on a property with no building, primarily hydrangeas, for the 2024 season. The proposal outlined the logistics of the business, including the transportation, storage, and watering of the plants, as well as the provision of portable toilets. The petitioner had previously trialed the business for a short period near a restaurant and was looking to operate from 10 am to 4 pm, potentially extending to 5 pm or 6 pm, until the end of October.
After discussing the placement of the portable restroom, the hours of operation, and the impact on future development plans, the board moved to accept the petition with conditions. The unanimous decision included stipulations regarding operation hours, the placement of planters, and the duration of the permit. The petitioner’s attorney agreed to submit a draft decision for review, acknowledging the 20-day appeal period following the filing of the decision with the town clerk.
The meeting also brought up the possibility of amending bylaws related to solar panels, an ongoing topic of interest for the board.
Two other petitions were withdrawn by the applicants; one sought to amend a previous decision and the other to modify a parking lot for a solar carport canopy. These withdrawals highlighted the dynamic nature of zoning considerations as petitioners navigate the regulatory framework.
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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Meeting Type:
Zoning Board
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Meeting Date:
06/27/2024
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Recording Published:
06/27/2024
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Duration:
78 Minutes
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Notability Score:
Routine
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State:
Massachusetts
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County:
Barnstable County
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Towns:
Yarmouth
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