ZBA reopens and continues appeal over home‑based car sales at 74 Henry St to Dec. 3

The Zoning Board of Appeals reopened and then continued the public hearing on the appeal of the building inspector’s determination about a proposed part‑time car‑sales operation at 74 Henry Street (FY2605).

The case centers on whether the owner’s plan to sell one or two used cars from a detached two‑car garage and obtain a Class 2 dealer’s license is an accessory, incidental and customary use attendant to a single‑family residence—or instead constitutes a prohibited second primary use. Town council provided a written opinion (circulated to the board) summarizing that the zoning table does not permit multiple primary uses, and that case law requires an accessory use to be both "customary" and "incidental" to the primary residential use.

The applicant and his representative said the operation would be strictly part‑time, typically one car at a time stored inside the garage and advertised online, and that they had identified neighbors who operate similar small businesses. Several board members said they were sympathetic to the applicant’s effort but uncertain whether the activity is "customary" in Uxbridge. One board member noted the difficulty overturning the building inspector absent a finding that the determination was arbitrary or lacked legal basis.

To allow the applicant time to gather evidence about how common such accessory uses are in town and to permit all five board members to participate, the board voted to reopen the hearing and continue it to Dec. 3 at 6 p.m.; staff may reopen the public record if additional neighborhood testimony is submitted.