WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=ZTiqWr2eYMo

Part: 1

1
00:00:04.960 --> 00:00:23.600
a good sign when I got two stacked on top. >> Uh, good evening and welcome to >> reporting in progress >> the July 1st, 2026 Yarmouth Planning Board meeting. I am Joanne Crowley, the chair. This the public is welcome to attend. Thank you for coming this

2
00:00:23.600 --> 00:00:40.320
evening. Um, as some may join us uh via alternative public access provided on the notice of meeting available on our town of Yarmouth website. Um, I'd like to take roll call now. Susan Brida, >> Dearra Gaquin >> here. >> Tom Pendleton >> here.

3
00:00:40.320 --> 00:01:01.280
>> Will Rubenstein. >> Peter Slovac here. >> Ken Smith >> here. >> Joanne Crowley present. Seeing we have a quorum present, I'll now call the meeting uh to order. And I would ask you to please join me in the pledge of allegiance. To the flag of the United States of

4
00:01:01.280 --> 00:01:18.400
America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> Thank you. First item on our agenda this evening uh

5
00:01:18.400 --> 00:01:34.320
is regarding short-term rentals. Uh Kathy has prepared Kathy Williams, our town planner, has prepared redline draft number four uh dated June 26, 2026. Again, uh new text has been highlighted

6
00:01:34.320 --> 00:01:51.200
uh by Kathy. Um and she has received we have received preliminary comments from town council which she was just able to forward to us this afternoon. Uh we also have correspondents from several town residents um who are paying close

7
00:01:51.200 --> 00:02:06.960
attention to this issue and we appreciate that. Uh and uh I I thank you for joining us this evening. I I'm presuming that's why many of you are here. Um and we we welcome we welcome your comments. So let's start with

8
00:02:06.960 --> 00:02:23.760
Kathy's update on uh draft number four and Mr. Talerman's our town council's edits. I'd like to remind everyone that this is an ongoing process. We're not deciding anything here tonight. We're going to be reviewing this at every planning board

9
00:02:23.760 --> 00:02:41.040
meeting from now until it makes its way onto the warrant, which is probably September. Um, and our, you know, our e our expected outcome here is to create the

10
00:02:41.040 --> 00:02:57.760
best bylaw, be it a zoning bylaw or a general bylaw, uh, because we're moving in the in the in in that in in that direction. Um, for the town of Yarmouth, we're we're different from others. Um we appreciate some of the work that some of

11
00:02:57.760 --> 00:03:14.159
you have done as um our researchers with regard to other towns. Um and we have looked closely at what Provincetown has done. We've had a consultant uh join in our deliberations over the over the course of the past six months. We're

12
00:03:14.159 --> 00:03:30.400
very familiar with the Provincetown um uh bylaw. We're also familiar with the Felmouth bylaw which was in our packets u this evening. Um, we've been focusing on enforcement, occupancy, ownership, and parking. We know that

13
00:03:30.400 --> 00:03:45.680
these are some of the most important issues for you as neighbors to some of these short-term rentals, and we want to address them in the most appropriate way in a balanced way because uh, property owners do have certain rights as do

14
00:03:45.680 --> 00:04:02.640
their neighbors. So we our job is to find a balance there that can be uh that can accommodate both of those. So this will be a continuing review through the summer. So I'd like to turn it over to Kathy now uh to just review what's in our packets for this evening's review.

15
00:04:02.640 --> 00:04:18.959
And I would like to say that I will be asking members of the public um to join in the discussion tonight. And um if you if you wish to speak, I would ask that if you've already sent us correspondence, make reference to it and maybe summarize it. Um because we have

16
00:04:18.959 --> 00:04:35.520
it in front of us. We've all read it. Um we don't need to go through it in any kind of uh any kind of detail, but summarization for all of us would be helpful. But I welcome your comments as we go through this. So Kathy, I'll turn it over to you now. Um, I did just want to point out that I know that short-term

17
00:04:35.520 --> 00:04:51.759
rentals are something that is throughout our neighborhoods in in our community, but it does contribute 75% of the short-term rental excise tax goes to our wastewater program. Uh, so that's about $1.5 million a year that's going to help us build our municipal wastewater systems, which going to help our

18
00:04:51.759 --> 00:05:07.199
environment, help our estuaries, and help our water quality. So, that's very important. Um, I did want to point out that staff is going to have an internal meeting uh on the 13th to talk about some procedural things. What we're talking about here tonight is um a bylaw, like as Joanne said, zoning

19
00:05:07.199 --> 00:05:22.880
bylaw, most likely a general bylaw, but there are other procedural things that we can do internally with staff and possibly through the application process that might help help things along. So, we're having an internal meeting um then on the 13th, including um with the police chief. I did speak with the

20
00:05:22.880 --> 00:05:38.880
police chief today. I sent him an email. I know that you guys are concerned about a lot of things going on in Tangle Wood and Webster. And I asked him to have a few more patrols go by there. And he indicated that he sent out an email to his patrols to come and try and make some additional um sweeps through the neighborhood and identify any violations

21
00:05:38.880 --> 00:05:55.120
and then document it for us because that's another important thing is uh we need to get the information um to the to the proper people. Um and then the one thing that town council did say is he was he did express some concerns about getting too cumbersome and too hard to enforce. So, as as Joann's mentioned,

22
00:05:55.120 --> 00:06:11.360
we're really trying to balance a lot of different needs here. Um, and also not make something that's an actually enforceable, usable bylaw, and not just with so many details that it's just too much and it can't possibly be enforced. Um, so just wanted to say those few few comments initially. Um, nothing has

23
00:06:11.360 --> 00:06:26.880
changed really on the first page. We're still trying to protect and preserve year-round housing and reduce the commercialization. We've added the uh definitions for owner and operator, uh, the time share. There's one small edit from town council instead of established by any one of the following. He just

24
00:06:26.880 --> 00:06:44.000
says any one or more of the following that identify that. Um going down into ineligible units. Uh his only comment had to do with number five where we're trying to u prevent commercialization through not allowing corporations. there was some concern about um his language

25
00:06:44.000 --> 00:07:00.479
being a little bit different than Ptown and we might want to take another look at their language and they reference natural persons and he's a little bit concerned about um how do you prove the intent of whether they're um looking to be an investment activity or not becomes a little bit more difficult to find out and dig down and find that information.

26
00:07:00.479 --> 00:07:15.360
So I think there's a little bit more work that needs to be done on how we document that, how we identify that. Maybe it's through the application, maybe it's through an affidavit process u and that type of thing. Um nothing changed there on same on registration.

27
00:07:15.360 --> 00:07:31.599
Um I took out readily visible from the exterior of the dwelling because um we're going to have that short-term rental on the website and people are going to want to look on the website. They're not going to want to go up to someone's door or something and take a look at that. And the um chapter 108

28
00:07:31.599 --> 00:07:48.720
actually requires the general bylaw 108 requires it to be visible on the inside. So I don't want to conflict with that. Kathy, if I could interrupt for one second for the for the public who's here, um could you just reiterate the fact that we want to try to make the ownership of the short-term rentals as

29
00:07:48.720 --> 00:08:05.039
transparent as we can? >> Yes. I think the key is I think a lot of you have said, well, if we knew who to call, we would call them and and reach out to our neighbors. Um, and so I think we're we're working and to and that's one of the things we're going to discuss at the staff meeting is how we can through open gov um develop a report where we'll have all that information

30
00:08:05.039 --> 00:08:20.720
and document that and then we can put that on the website. Ideally, it would be great if we could have a map, but that might take us a little longer to figure that out. It might be a combination uh of the two, but we understand that you want to have ready ready access to that information. Uh, and we're trying to work on that.

31
00:08:20.720 --> 00:08:35.440
Um, this is where limitation on the number of short-term rentals. We've been talking about this quite a bit back and forth what the numbers acceptable and I think we're trying to prevent commercialization. Why would anyone need more than one short-term rental in the town of Yarmouth?

32
00:08:35.440 --> 00:08:51.519
>> Um so I have listed it as one. I also put in there it cannot be an ineligible unit. Town council felt like that really wasn't necessary and that's certainly something that we could eliminate. It's kind of implied if we already have a par paragraph there. Um, with regard to

33
00:08:51.519 --> 00:09:07.519
parking, uh, one of the things that seems to be coming up a lot with parking and occupancy is that there seems to be, uh, a different number of this, uh, rental sleeps X number and is much larger than the occupancy number. So, the idea is trying to have the occupancy

34
00:09:07.519 --> 00:09:24.399
limits on all rental listings. We can put it in here and we can try to to make sure people are doing it, but I think that we need to educate people to understand it's not about how many people you can sleep and how many sofa beds you have. It's about your maximum overnight occupancy that you can have in your home. And that also applies to parking because if you have an

35
00:09:24.399 --> 00:09:39.839
eight-bedroom house, but you can't have eight on-site parking spaces, then you can't have eight cars. You can still have maybe enough people for the eight bedrooms, but they have to carpool. They can't have all these cars all over the neighborhood. Uh, and again, we we put in um specific times where you cannot have overnight uh street parking. We

36
00:09:39.839 --> 00:09:56.320
always banned overnight street parking, but no overnight street parking from 11 to 7. So trying to get back to the problems with how it's being you need to talk to someone's >> I'd like Kathy to finish. >> Okay. >> And and if you wouldn't mind just hold

37
00:09:56.320 --> 00:10:12.320
your questions that'd be great. Thank you. >> So town council just provided a little bit of additional information with regard to what short-term rentals can't be and may take place at the short-term rental. Uh, and again, a little bit clearer on short-term rentals should not be used in a manner that adversely

38
00:10:12.320 --> 00:10:28.079
affects the residential character of the neighborhood or interferes with any reasonable person's enjoyment of their property. And I think that's kind of what a lot of you people are getting at is that this is a little bit being disturbing. Um, we further uh identified some specific things that weren't allowed and then town council indicated that those additional things might be

39
00:10:28.079 --> 00:10:42.880
difficult to enforce. They're going to be difficult to identify when it's exactly happening unless you have somebody there to to document it. um use of RVs, campers, or sleeping tents is prohibited prohibited wear as an as a um short-term rental. You'd like to think you wouldn't have to put that in there,

40
00:10:42.880 --> 00:10:59.440
but uh you never know. >> So, does is he suggesting that it's just the language as a short-term rental or is it location as well? >> Because we didn't understand what we were talking about. >> Yeah, we have the other zoning bylaw about location.

41
00:10:59.440 --> 00:11:14.640
>> Yeah. >> Um location. Oh, no. Driveways. >> Yeah. No, this is like we have the prohibition on using RVs and campers as overnight sleeping sleeping places period, but this want to be this is clearly saying we don't want these to be used as as short-term

42
00:11:14.640 --> 00:11:31.360
>> rental. Okay, >> I can just clarify that. >> Yep. >> I mean, penalties and enforcement. This is something if we're taking out of the zoning bylaw, we have to include this in the specific information in the general bylaw. Um, and this is where something uh which I think will be helpful is with

43
00:11:31.360 --> 00:11:47.839
the responsibility of the health department, building department and the police departments to enforce this because the police are here when we're not and they're um they can document things. I think they need to get a better understanding of what the problems are and what the regulations are as well and that's why we're having that meeting um with the police chief as

44
00:11:47.839 --> 00:12:04.320
well. Uh the one thing's there about suspensions, re revocations, and non-renewals. Um, we're trying to identify if if you're a chronic problem, you're you're not going to get a renewal. And that's being identified u based on verifiable uh violations by the building commissioner. Um, but we do

45
00:12:04.320 --> 00:12:24.000
allow for people to um appeal that decision of the building commissioner to the select board so they have someplace to go and it's not just an arbitrary of one town employee deciding effective date. Um Jay indicated that he didn't think this was necessary because it is zoning. He's right about that. But

46
00:12:24.000 --> 00:12:39.360
if we're taking it out of a zoning bylaw and putting it into a general bylaw, I think we need to have an effective date of the general bylaw. I saw in some other um of the short-term rental uh bylaws from other communities is they did give some some grace to people who had already purchased. So, if you have

47
00:12:39.360 --> 00:12:55.519
right now you have more than one short-term rental, uh are we going to give them the grace that yes, you can continue with what you've had in the last registered in the last year or something. Um so, this would stop the proliferation from this point forward but not necessarily impact people who have invested in in things. So, that's

48
00:12:55.519 --> 00:13:14.000
something I think uh we need to talk about a little bit more and that's and then taking out the sunset clause. >> Questions from the board? Mr. Pendleton, >> none. Thank you. >> Miss Gaguin, >> Mr. Slobec,

49
00:13:14.000 --> 00:13:29.040
>> no. Smith, >> none at this time. Thank you. >> Okay. So, why don't we hear from the public? Um, why don't you come up and introduce yourself, you your name and address. >> That would be great. Thank you.

50
00:13:29.040 --> 00:13:45.040
>> Hi, I'm Mary Kosis, 66 Tanglewood Drive. And I'm not sure if Kathy was able to share an email from me today, but >> we did. We did receive it. >> I would like just if you could a clarification on parking. Is parking overnight for everyone in the town or

51
00:13:45.040 --> 00:14:01.760
only renters? Because we have had a situation where there are short-term rentals on the I call it the far side of Tanglewood and there are other people who are more there full-time. >> Yeah. >> And they park on the street all the

52
00:14:01.760 --> 00:14:17.839
time. So the people who own the Airbnb say, "Well, they do it. Why can't we?" So, I just don't know what to say. >> I Go ahead, Kathy. >> Yeah, unless it's posted, no parking, generally residents can park there. What this is, again, it's a privilege and you

53
00:14:17.839 --> 00:14:40.959
have to follow the rules that your short-term renters are not allowed to park overnight. >> So, it's for renters. >> For renters. >> All right. Thank you. >> Anyone else? >> Everybody's shy tonight. I'm not shy. We like we like that. >> Good evening. My name is Don Pallaya.

54
00:14:40.959 --> 00:14:58.320
I've written a couple of times. >> Don, where are you? Where do you live? >> 44 Webster Road. >> And my apologies for whatever reference we made at one of our meetings to calling you Ed. >> I apologize. >> I've been called much better and I've been called much worse. >> I forget my own name sometimes. So

55
00:14:58.320 --> 00:15:14.000
>> So I You might remember Donald Rumsfeld instead of me. Donald Rumsfeld once said, "We know what we know. We know what we don't know, but we don't know what we don't know." >> One of my favorite quotes. >> And I think there's a lot of unknown unknowns in this situation.

56
00:15:14.000 --> 00:15:29.920
For example, if you listen to Mr. Grills last week, this is a wonderful owner. This owner went out and he's buying technology. If it gets too loud, he's going to call the tenants. This owner was operating under a failed

57
00:15:29.920 --> 00:15:46.320
inspection for not just numerous items, but smoke and CO2 detectors. And it was still being rented over capacity advertised on three different websites. 20 16

58
00:15:46.320 --> 00:16:03.519
that you don't know that unless I tell you that. So these are the unknown unknowns. The other one 51 Tangle Wood. Oh, I called the owner. They haven't rented this year. It's only been family. I don't have to go any further. You can hear the audience that that lives on

59
00:16:03.519 --> 00:16:19.759
Tangle Wood that understands the real situation. So, I think there's got to be a fact. I I I honestly think it would take time well spent to do a real factf finding dig into this issue. I don't know if you guys are familiar with Kaisen events or anything like that.

60
00:16:19.759 --> 00:16:36.160
Continuous study improvements. >> I mean, this is a perfect opportunity. How does this how does to educate me? How does the town get the excise taxes that the websites charge? Does the state distribute that? Does this does Okay.

61
00:16:36.160 --> 00:16:52.240
>> It goes to the state and then the state distributes it to the >> Okay. So, if the houses aren't registered with the state, do you get the money? >> No, they're they're not registered. >> So, 51 Tangle. So, so I forget which number Tangle Wood is not registered with the state. So, you're not getting that money.

62
00:16:52.240 --> 00:17:06.640
>> That is correct. So if you take the time and dig into this and coordinate your finance department, your health department, your building department, your police department, and your fire department, and get together and work on this as a group and don't use the

63
00:17:06.640 --> 00:17:23.839
bosses, use the people that do the work >> because they're the ones that know the problem. I mean, you heard the boss last week, two weeks ago. There's no problem. He's a wonderful owner. He's putting in all this technology. He didn't tell you about the failed inspections that he was

64
00:17:23.839 --> 00:17:41.200
aware of. >> I'm just saying >> I understand, Mr. P. And I I'd just like to comment back that this is exactly where Miss Williams is going with her meeting uh with internal town officials >> and I applaud her and and

65
00:17:41.200 --> 00:17:56.400
>> you know it's it's Kathy is a person of one. >> There aren't other Cathies. >> She doesn't have a staff. Mark Grills does have inspectors. Um, police chief does maybe have an assistant.

66
00:17:56.400 --> 00:18:12.160
Health director probably has an inspector or two, >> but you don't need the police chief. You need the guy that's answering the call at night. >> No, no, I understand that. But we're starting at the top and because we think it's important enough, but she has initiated that in exactly what you're

67
00:18:12.160 --> 00:18:26.799
suggesting to get those town departments, the most important ones, health, police, building, and the and zoning planning board together um to figure out how best to work towards

68
00:18:26.799 --> 00:18:42.720
better enforcement. and and as a as a citizen that has been emailing the health and the building departments, I will tell you that she's the one that answers the emails. Health department ignored me for about three weeks. C >> can I just make a statement? >> Yes.

69
00:18:42.720 --> 00:18:58.240
>> Every single staff member in the town of Yarmouth has more work than they can do. And that's not it's not one person, it's everybody. So, the idea of being able to find staff time in order to go through a thousand short-term rental registrations

70
00:18:58.240 --> 00:19:13.600
and just because lots of times if something registers at the do reg if they're not doing it anymore, they don't go back and take their name off. So, you'll see that there's more registered short-term rentals in at the state than there are here. So, for us to go and figure all of that out, go to all the

71
00:19:13.600 --> 00:19:28.400
different sites on each individual one and see how they're in violation is an extensive amount of time. that just cannot be done by staff. So then it becomes >> then it becomes a situation of are you going to then hire somebody or pay somebody to do that work and then

72
00:19:28.400 --> 00:19:44.240
getting the funding in order to do that. >> Kathy, if our tax revenue last year was 1.5 million, it seems like we could, you know, encourage the selectman to spend part of that as a full-time year- round employee. >> Yep. >> That would collect what, you know, we

73
00:19:44.240 --> 00:19:59.600
know is not being collected. So I mean the select need to understand that maybe you need to address that with select and say let's hire a person. Let's hire a full-time person just for this so somebody picks up the phone. >> Not only that but all you need to do these VBOs and everything else all that

74
00:19:59.600 --> 00:20:15.360
is is a database. If you download the database all it is is an Excel spreadsheet or an Access database. You get a database. You've got all that data right there. It's there. you know who's what and do

75
00:20:15.360 --> 00:20:31.039
they have a permit and what's the permit number and then you car compare it to your database. I mean I know guys that could write the script to do that in about a half an hour. >> Have at it. >> Well, have at it. >> I can't do it.

76
00:20:31.039 --> 00:20:47.039
>> We can get but I know people that can. >> The other thing I I'm hearing, you know, is >> so Mr. If I understand that that's an issue about recordkeeping and transparency so that the public will know who's who's who's reg who who are

77
00:20:47.039 --> 00:21:03.520
renting VBO and and vac right on uh >> merging the data looking at the databases >> and and making that as public as we can. >> No, that's a tool for the town. >> That's what I'm saying. >> That's a tool for the town, not for me. That's for that's for you to make life easier. Mhm.

78
00:21:03.520 --> 00:21:19.280
>> I'm I'm trying to consolidate what your comments are because we want to get to a point where we understand what you're most you're most concerned about. We have we have correspondence from you that's extensive and we really appreciate it. You've done a lot of research. You've done a lot of digging

79
00:21:19.280 --> 00:21:34.880
for us. We appreciate that. But if you could consolidate what you think are the most important things you want us to focus on, that would be really helpful. This is one of them. >> Transparency of records. >> Occupancy. >> Okay. Okay. Tracking occupancy, tracking

80
00:21:34.880 --> 00:21:51.280
advertised occupancy versus allowed occupancy. Parking. And the one thing I'll say about parking is there's a house across the street from me that has seven cars parked in the

81
00:21:51.280 --> 00:22:08.799
driveway in two lines, four and three. If you get there late at night, somebody's drinking and somebody else doesn't feel safe and wants to leave the property and they're parked all the way in and nobody will move. Now you've got a personal safety situation where that

82
00:22:08.799 --> 00:22:23.200
person can't leave. My experiences with rental properties in the past is your parking spots could not be blocked in because if somebody feels a personal safety issue and wants to leave and nobody will move,

83
00:22:23.200 --> 00:22:39.280
they can't. So, occupancy, parking, noise, registrations, safety, and let's get the town the money that they're supposed to be getting. Maybe you could I mean if you if you had everybody registered maybe you get two

84
00:22:39.280 --> 00:22:56.480
million a year instead of one and a half you know let's it in the end it all comes down to follow the money right >> usually does >> usually does Mr. Slovak understands that. >> I'm just saying there's a process that

85
00:22:56.480 --> 00:23:13.280
it might be something that's going to take a little while. Spending money at the county, there's always a procurement process. There's an appropriation process. Where are we going to find the money? I think all of the short-term rental excise tax is certainly for the FY27 has been allocated. Um, so I don't

86
00:23:13.280 --> 00:23:29.520
know how you would necessarily find that money. Um, but it's certainly something that needs to be pursued and we can pursue it. It's just I just don't want you to think it's going to happen tomorrow because it might not. >> Well, I I came out of private industry, so to speak. >> Totally different. >> And totally different. Totally

87
00:23:29.520 --> 00:23:45.200
different. I would never have the patience to sit in your seat, and I applaud you for the job you're doing. Thank you. >> And the rest of the board as well. >> Thank you, Mr. Pier. We appreciate your comments and your correspondence with us um has been very helpful and informative. We really appreciate it.

88
00:23:45.200 --> 00:24:00.799
Thank you. >> What's your take if I if may I may ask? if I can ask the questions. What's your take on a on a home that's being rented with a failed inspection >> or you're not don't really want to comment? >> Well, I I'm I'm I'm not sure what kind

89
00:24:00.799 --> 00:24:16.080
of a failed inspection it is. >> Well, I I not qualified to know what a failed inspection is, but I would think if if a home failed some kind of an inspection, uh someone from the town um should be

90
00:24:16.080 --> 00:24:32.480
notified. Well, again, it's attached in your agenda that I sent part of my research. There's two things there where it failed for CO and smoke. So, when you have a chance, take a look at it. >> No, I I I >> So, I mean, I'm just just asking what what the the board would think of that.

91
00:24:32.480 --> 00:24:48.640
That's all. >> It would be unacceptable. >> Simple as that. It's simply unacceptable. Yeah. >> So, it's happening to fix that. My my only point is I you know I happen to have people I know in the town of Yarmouth who rent their homes and went

92
00:24:48.640 --> 00:25:04.240
through the process and literally had to put in new smoke detectors because they weren't carbon monoxide. Um and they went through the whole thing so that they could have a short-term rental in their home. Um and each year if they want to rent their home out they they

93
00:25:04.240 --> 00:25:19.840
follow the rules and the home is inspected and if it fails they can't rent it. Thank you. >> So, it would be unacceptable, I think, to any to any member of the public. >> Hello. >> Hi there.

94
00:25:19.840 --> 00:25:34.960
>> Joe Callahan, 69 and 75 Webster. >> Um, I won't talk as much as Dawn. Excellent job on Parka River Park. Fantastic. The opening, the presentation was fantastic. All I can say is I'm four

95
00:25:34.960 --> 00:25:51.840
or five houses down the street uh from these houses that are, you know, I've talked to college kids that are coming off a graduation. How many guys you got up there? Like 27. And they're coming back late and having a good time, but it's a very narrow road. There's a lot

96
00:25:51.840 --> 00:26:07.520
of cars parked there. Some of the people across the street can't even get out. If they have a boat or something with a trailer, that's going to be a problem. The other thing is I've noticed a lot that some of these renters in the area and I don't think you can do anything about this. They're bringing their trash

97
00:26:07.520 --> 00:26:24.080
down to the beach and they're dumping in the bucket left and right. You know, that's a problem that you might have to deal with at some point in time. I see you writing. Thank you very much. Another problem, I would think, and there's been a few uh failed septics in

98
00:26:24.080 --> 00:26:40.720
the area. when you get that amount of people in there and they're having a hell of a time, there's a lot of flushing going on and that might not be uh something that we really want that much from a health standpoint or whatever. Okay. When you were talking about the inter department

99
00:26:40.720 --> 00:26:58.240
things, all those things mesh together. The noise is an issue. Uh I just saw I'm telling you straight engine. I just saw the first patrol car in such a long time go by. I waved to the guy. The guy waved back. It was fantastic. And West Yamoth

100
00:26:58.240 --> 00:27:14.000
has a lot of police people. I see them out there doing their thing and all that, but they did appear to be doing a patrol versus going after something the other day. So, when you got the noise, I don't know how they document it or whatever, but I five houses down the

101
00:27:14.000 --> 00:27:29.600
street have heard at times. Most of these people are good. Most everybody is a good renter. But when the narrow street is clogged and they're coming back and having a hell of a time, that's the time he she neighbors need to be

102
00:27:29.600 --> 00:27:45.440
able to call and someone shows up and says, "Hey, no more of this." But if they're going in on this with the expectation that there's going to be 12 people in this house and 27 show up, that's not right either because, you know, that's leading to some other

103
00:27:45.440 --> 00:28:03.039
problems like I just mentioned. >> Thank you very much. >> Yeah. Thank you. We appreciate it. >> Anyone else? >> We got one online, too. >> Uh, we >> Tom John Tomo, I think. >> Oh, Mr. Nickello. >> Yes. Good evening, Madam Chair. Thank

104
00:28:03.039 --> 00:28:17.039
you so much. And, uh, thanks to the planning board for doing their due diligence on this topic that like 20 years ago was nothing and now it just bloated out to be something very important. And um you know following the

105
00:28:17.039 --> 00:28:35.360
uh the Felmouth um town in in their attempt to put a some type of reigns on this issue um they had a a two-year study uh going on with real estate agents, planning boards, select board members, a whole host of people. And uh

106
00:28:35.360 --> 00:28:50.960
you know, the reason they they came up with a number three cap is because they found out by talking to the community like we're doing and we're going to keep on doing, which is great. Uh you know, they had people in the town that were in the business of short-term rentals and

107
00:28:50.960 --> 00:29:06.960
uh so it's nice that we're going to, you know, preserve uh what's happening in in our town, but you know, uh I don't know if we want to limit the future. uh you know, people have a right to make money the way they they can and uh following the rules is is what we want and they

108
00:29:06.960 --> 00:29:23.120
they do a good job. Um so I just wanted to point that out and uh you know all good comments tonight. Um you know I think we can we can get there if we work through it and and and more public participation and no need to be in a

109
00:29:23.120 --> 00:29:38.799
rush. we don't have to have this done right away as as the town planner said that everyone's workload is is over their head. Uh maybe we'll just work on it and uh you know take our time to make sure we get it right and uh short-term

110
00:29:38.799 --> 00:29:54.960
rentals are not going away. We definitely need the the money for waste water because if not then everybody else is paying for it. So thank you. >> Thank you Mr. Indila. If I might just say, um, I'm I'm sure Tom probably knows this, but we do have a sunset clause right now in the bylaw that expires in

111
00:29:54.960 --> 00:30:11.919
November, meaning if we do nothing, it would expire and people who couldn't do any short-term rentals. We obviously don't want that to happen because we need that income for our community. Um, there's a potential of just continuing it, but we have been working on this for quite some time. We've been working on it since the UMass Donahue uh did their

112
00:30:11.919 --> 00:30:27.039
short-term rental study and presented it to the select board what back in March. Uh, so we have gotten a lot of good information. Um, but I understand the concerns about if somebody has invested already, let's let them continue to do that, but there's still going to be rules they need to follow. But then

113
00:30:27.039 --> 00:30:43.440
moving on in the future, maybe we don't want it to be an investment for people. Uh, we want it to be more for um the family vacation, the traditional vacation that I'm sure we've all probably have done on Cape Cod at one point uh in time.

114
00:30:43.440 --> 00:31:01.600
>> Yeah, Mr. Pa. If you could >> to the microphone, please. >> Just a quick question. We all identify ourselves. Who was this last fellow that spoke? >> Tom Nickello. >> Tom Nickello. >> Is he a res? Is he >> He is a Yarmouth resident. >> Okay. Resident. Not a not a He's a

115
00:31:01.600 --> 00:31:18.880
Yarmouth res. >> All right. Well, we didn't we don't know. >> Yep. >> We know him. >> He's well known here. >> We know him. >> Uh, >> any more questions? comment. >> No comment. >> Sorry. >> No, go right up. Step up to the mic.

116
00:31:18.880 --> 00:31:35.919
>> Diane Daw, 46 Webster Road. I spoke at the last meeting. Um I've also sent a follow-up email to Kathy to I know it's in your packet to um just reiterate what I thought I was saying but wasn't quite sure I I put it across.

117
00:31:35.919 --> 00:31:51.039
>> We appreciate your note was was really well done. Thank you. >> Very concise. We appreciate it. Thank you. >> Thank you. Well, here I come. I on a rainy Sunday afternoon uh sat down watching a movie went to one

118
00:31:51.039 --> 00:32:05.679
website we need a vacation.com put in town of Yarmouth so that includes all three villages came up with 248 properties showing on the website

119
00:32:05.679 --> 00:32:23.039
130 of them advertising greater than the title five septic guidelines uh for overnight occupancy. So that's 53% of those homes are advertising. There's a couple that stand out

120
00:32:23.039 --> 00:32:38.080
screech. I have actually on my I got five pages. I'm old school so it's handwritten. Um the majority of them three bedrooms, two bathrooms. 30 of them have a capacity of

121
00:32:38.080 --> 00:32:53.039
eight for three bedrooms. So that should be, you know, excuse me, that should be a capacity of six if you go by the title five. They're all advertising eight. Some of these are

122
00:32:53.039 --> 00:33:08.320
all in the same neighborhood. So if you get one house that's two people over, next to another house, two people over, next to another house, two people over. And so and like the back of Tanglewood, you guys, there's six, four out of six

123
00:33:08.320 --> 00:33:23.600
houses that are short-term rentals. So these problems do compound quickly between noise and parking. And the parking seems to be I mean, you're addressing so many of the issues. It's great, but it can be done. As far as the

124
00:33:23.600 --> 00:33:39.600
research, it's tedious, but again, rainy Sunday afternoon took me a couple hours and that was just the one website. I also did find the state certification listings and on

125
00:33:39.600 --> 00:33:57.120
30 on Tangle Wood, 34 houses are listed on Tangle Wood as addresses. And what did I say? 17 of them have a state certificate of rental. That's

126
00:33:57.120 --> 00:34:13.200
about half. >> That's a lot, you know. But then you can go down to some place like Webster has seven rentals listed certified with the state and I can find four of them. >> I'm sorry. Do they give you a street address? So you

127
00:34:13.200 --> 00:34:27.599
>> They do not. >> How do you How do you know if there which house has >> Because I do research. Um because I had cross referenced a lot of them. The state listing will give you a print out which is in the back.

128
00:34:27.599 --> 00:34:44.159
They'll give you a print out of street. >> It'll just say the street name, right? It'll just say name. They give the state certificate number and it gives you the street name. >> Ask a question. >> Yeah. Ma'am, you getting that information from the do site? Because there's no state certificate of rental.

129
00:34:44.159 --> 00:35:00.079
It's a certificate through do that you're actually going to be paying taxes. It was I believe >> I'm just >> the state registry of short-term rental >> which is through do >> or providers of logic

130
00:35:00.079 --> 00:35:18.079
>> that that is through the department of revenue. >> They will give you the certificate ID from the state the property type without the number >> and the town and the zip. The the one caveat I have to that is somebody may

131
00:35:18.079 --> 00:35:34.320
have registered three years ago and you know I'm not debating you. You're 100% correct that this information is out there, but the information may be old. And the only reason I say that doesn't mean that they're currently an active rental. It just means that they've registered with the do and they have a

132
00:35:34.320 --> 00:35:48.960
certificate of rental allowing them to pay taxes to the do. But it doesn't mean that they register with the town of Yarmouth and have an active registration in the town of Yarmouth through the board of health. Um the information is there and I'm not debating that. I'm

133
00:35:48.960 --> 00:36:04.640
just saying that it doesn't mean 100% that that is being rented today. >> Well, my search was for 2026. >> No, I get it. I understand that unless you unless you resend your reg registration, it continues on. It stays on there.

134
00:36:04.640 --> 00:36:22.000
>> Oh, okay. And and I I think that so go ahead Judra. >> Uh I pulled down some of the town data from the Census Bureau and I put it down to block group areas which are smaller neighborhoods and your neighborhood is about

135
00:36:22.000 --> 00:36:37.520
2thirds seasonal and it's much higher than the rest of the town. So it's not a surprise that this is where the problem is the worst. I just thought that was an interesting piece of background information, >> I guess.

136
00:36:37.520 --> 00:36:54.000
>> Thank you. But, um, again, just my point, it it is tedious and I I'm sure that everybody is overwhelmed these days in, um, the town official capacity. It can be done. It takes time. >> Yeah. I I think your your your review of

137
00:36:54.000 --> 00:37:10.560
the do website and this is where we're trying to move towards someone doesn't delist as Mr. Smith was um explaining um because the example that I used of friends of mine up on Fence Pond, they

138
00:37:10.560 --> 00:37:28.560
haven't rented in years um but I'm sure they're still on the list. Uh um and so that you know the merger of those two data sets is what would be very helpful. What does do have and what do we have from the health department? Um, and if

139
00:37:28.560 --> 00:37:44.160
there's some way we can do that, we'd have a current registration. Um, and uh, and we'd know if they've properly registered with the with the with the with the Commonwealth so that we can collect the taxes. >> Madam Chair, we had we had asked this of

140
00:37:44.160 --> 00:38:10.640
Donahghue Institute as well because we wanted addresses. We wanted to cross reference this information and that they said this was one of their challenges. They couldn't do that. So >> yeah, >> you had a question. Just over the mic. >> Hi, my name's Jan Sparren. I live at 16 Tanglewood Drive. Thank you for

141
00:38:10.640 --> 00:38:26.160
listening to us and working so hard on this um area. I just have a question about um 418 number four, the suspension of the nonrenewal certificate. Would you clarify that a bit? Is that an um after

142
00:38:26.160 --> 00:38:42.240
two violations is that an immediate revocation or is that something at the end of this the season? I think it would be as to like if somebody has a violation, it goes it gets verified and then if they have another one, it goes and it gets

143
00:38:42.240 --> 00:38:58.560
verified. Then the building commissioner would have the ability to revoke revoke the actual rental certificate. >> So that could potentially be in the middle of the summer rental season. potentially be within. Yep. This this is a case of, you know, no one's going to want this to happen.

144
00:38:58.560 --> 00:39:14.640
>> So, if you say you it's, you know, so other communities have three and we're kind anything that's highlighted in gray means, you know, we're still talking about the numbers a little bit. Um, about whether it's two or three U violations because, you know, three strikes and you're out might be the I

145
00:39:14.640 --> 00:39:30.720
think what other communities might have been thinking about. But um I think having this in this capacity to do this would let people know that it's we're not just going to ignore these things and if you're going to have violations and you're going to be a bad tenant or a bad renter then we're not going to let

146
00:39:30.720 --> 00:39:48.320
you have this discretionary I'm sorry discretionary short-term rental certificate. Would you um consider during your discussion with the police department in your internal meeting the possibility of a separate hotline for um

147
00:39:48.320 --> 00:40:04.400
residents to call uh if there is an issue with parking noise or any of the other issues we discussed >> other than 911. Is that what you >> Yes. So that I think we feel really badly about contacting the police

148
00:40:04.400 --> 00:40:20.640
department. So, I'm just suggesting an alternative. >> Madam Chair, don't we have a non-emergency contact number for the police department? >> I don't know if it's manned all the time, though. I think what you the problem is is you need something that's manned 24 hours. >> 7711212. That's the non-emergency

149
00:40:20.640 --> 00:40:35.440
>> manned all the time. Okay. >> It it goes right to dispatch. >> That should maybe we should publicize that in in more emphasis on that, but I think that exists. >> Okay. As an option, >> there is a non-emergency number. I just didn't know if it was man 24.

150
00:40:35.440 --> 00:40:52.560
>> Oh, that Yeah, we can. One of the other things that we're talking about, we didn't really get into it, is that having a clear identification of the complaint process and who to who to call and then we can include like if it's after hours, you can call the police and then we could put the number on there and that's something that we could put on the town website under the rental uh

151
00:40:52.560 --> 00:41:09.760
page. Um that would be really helpful. So, so there's also, you know, it may be having like a onepage good neighbor thing to to give to people when they get their rental certificate and say you need to post this and have a bunch of good information on there on how to be a good neighbor. >> And we're very friendly people. So, it

152
00:41:09.760 --> 00:41:26.560
would be nice to approach people in a friendly way. And the other thing is you mentioned that funds um had already been allocated for 2027 or your um but would you consider down the road um as you hopefully obtain more money back for

153
00:41:26.560 --> 00:41:43.680
short-term rentals as this process unfolds to hire an intern that might um be designated as the go-to person to investigate um all of the elements that um Don mentioned earlier.

154
00:41:43.680 --> 00:42:00.960
I think there's ways of doing it. I I don't know. It's like there's a senior workoff program, but I don't know. You'd have to be really pretty technically savvy. Any of you um but there there might be some potentials of of doing something like that for sure. >> Okay. Because I know there are many colleges that do internships

155
00:42:00.960 --> 00:42:18.640
um for students during summers and that might be a start. Okay. Thank you again for all your efforts. Appreciate it. >> Thank you. >> Thanks very much. any anyone anyone else um in the public? >> Yeah, Mr. Po,

156
00:42:18.640 --> 00:42:33.920
>> one more >> one more thing real quick is you might want to consider a minimum age for a rental site so that 18 year olds can't rent a house >> and bring in a bunch of kids. >> I thought we had >> and I'm not sure if you do. I'm just just throwing it out there. That's it.

157
00:42:33.920 --> 00:42:50.640
>> 18 is is is required by >> right by state statute. >> State statute. Right. It's 18 is required by state statute. I I was in the hotel business before the business I'm in now. And you're required under state law. You cannot restrict. You can set bylaws within your I mean laws

158
00:42:50.640 --> 00:43:06.560
within your rules within your own property. But if an 18-year-old came on and they're 18 and identify themselves, you have to legally rent to them. >> Okay. I wasn't aware of that. Thank you. You'd like to think that the people individually would like to set that there would be a certain age for rental

159
00:43:06.560 --> 00:43:25.599
because I think if you get a lot of younger people, damage to your property might be more substantial than if you're renting to like a family. >> Okay. Any other questions or comments uh from from the board? >> No.

160
00:43:25.599 --> 00:43:41.440
>> Um >> Kathy for you. You've got enough. Yeah, >> to work with here. I think one of the things is that we're hoping to see if town council can't zoom in to our next meeting on the 15th so that the planning board can um ask some questions directly

161
00:43:41.440 --> 00:43:57.760
and maybe the public through the chair might be able to get some clarification um from town council as well. >> I think the things that we want to think about are um certainly the the most important things that are governed by um uh regulations in the town like title

162
00:43:57.760 --> 00:44:13.839
five and board of health. Those things we don't have. Those things aren't variables that we can adjust. But the variables we can adjust are how many homes an owner can rent. >> Right now it's it's at one.

163
00:44:13.839 --> 00:44:28.160
>> Falmouth has three. I don't know. I forget what Ptown has. I think it might be two. >> I've seen between two and three. >> Yeah, it's been between one and three AC across the the towns that have short-term rentals. So, that's a

164
00:44:28.160 --> 00:44:43.839
variable. Um the the other things like occupancy, we don't have a choice on that. It's uh two per bedroom by the board of health. Um parking is another issue. It should I think we've included

165
00:44:43.839 --> 00:45:06.960
it as one per bedroom. Um so we've got that metric in there. just don't have any control over. Um so I would encourage you to go through this and see if there are other areas that you think we have some wiggle room um

166
00:45:06.960 --> 00:45:24.079
that could tighten it up. Um again respecting the fact that the property owner has a has a has a right uh to rent the property but in we consider it a privilege. Um and it's

167
00:45:24.079 --> 00:45:40.160
one that you have to follow the rules by but it is a right that the property owner has. Um, so as we go forward, those would be kind of our guidelines for the board as we continue our deliberations and we will be talking about this more for sure. Um, any other

168
00:45:40.160 --> 00:45:55.599
any other comments from the from the board? >> Okay. >> Nope. >> Great. Okay. Thank you all. Thank you so much. We appreciate it. >> Thank you for coming. >> Thank you. >> We don't normally get applause at this point.

169
00:45:55.599 --> 00:46:13.839
>> You are a friendly crowd. Uh the next item on our agenda are accessory dwelling units. >> Uh Kathy has provided us some information on the accessory apartment bylaw uh that we currently have um uh

170
00:46:13.839 --> 00:46:30.880
and some adjustments. I think we got from town council some comments on that Kathy today. >> Thank you. um to match the mandated changes from the Affordable Homes Act, section 8 of chapter 150 of the acts of 2024 and

171
00:46:30.880 --> 00:46:48.640
regulation 760 CMR 71000 protected use of accessory dwelling units. Um this is our first revisit to this bylaw. Um and which we now must comply, you know, we need to get it in line with state regulations. Um excuse

172
00:46:48.640 --> 00:47:03.359
me. Town Council has given a preliminary review. Kath, if you'd like to run through that for us, that would be great. >> I think a lot of this, as as Joanne mentioned, is dictated by the state. This is just making our bylaw match what the state requirements are, but I was

173
00:47:03.359 --> 00:47:19.359
pushing town council to um provide feedback on how many of the provisions that we worked so hard on that we might be able to include without being seen as unreasonably regulating an accessory. Um the way it's written right now, uh

174
00:47:19.359 --> 00:47:36.240
regulations require that if you allow a single family home in any zoning district, regardless of what it's called, uh you have to allow an accessory dwelling unit. So that's why you're seeing some changes there in the use table. This beginning part here under purpose and intent, it's just saying uh we're

175
00:47:36.240 --> 00:47:51.359
doing this because the state wants us to do it and are requiring us to do it and this is why these specific um I crossed out while protecting and character and appearance and property values of the single family residential neighborhoods because we're not really allowed to talk about design and what it looks like

176
00:47:51.359 --> 00:48:07.520
anymore unless we do that for every single single family home and we're never going to do that except for if you're north of uh Route Six and you're in Old Kings Highway. the the the real key guideline for them is if you don't allow it if you don't require it for single family home, you can't acquire it require it for um an accessory dwelling

177
00:48:07.520 --> 00:48:24.640
unit. Um and then at the bottom, they really want you not to really talk about too much about family relationships or affordable requirements because these are not considerations. Those are use restrictions which are completely banned now. So I just um included enable

178
00:48:24.640 --> 00:48:40.800
families to live in close proximity in number four. Um, these are all, I think, um, intents that are are clearly outlined in in the regulations. They're just kind of tweaked and staying with what our cons our our original intent was for the bylaw.

179
00:48:40.800 --> 00:48:56.079
And then there's a lot of definitions that are included in here. Um, town council made some tweaks to the accessory dwelling unit one. Um I don't think he necessarily knows that this was exactly from CMR, but um certainly no

180
00:48:56.079 --> 00:49:13.280
harm in including that. Um and then just he's saying the restrictions is not allowing short-term rentals, which we are not allowing ADUs to be developed as short-term rentals. The whole point is to add year-round housing to our community. Um basically, he says all ADUs are protected use ADUs because

181
00:49:13.280 --> 00:49:29.839
we're not going to allow any local ADU. So, this is just saying you're allowed one protected ADU, but you're not we're not saying, "Oh, and then through special permit, you can add some more." No, we're not doing that. I'm sure other communities might be considering that. Um, I just wanted to I just wanted to

182
00:49:29.839 --> 00:49:45.839
highlight to you guys that a principal dwelling isn't just a single family home anymore. Um, it can be a duplex, a tri, you know, triplex, multif family. So, it's any principal dwelling. And that largest principal dwelling is what they're deciding the gross floor area of. So,

183
00:49:45.839 --> 00:50:03.520
it would be the minimum 900 square feet if you had a a duplex. >> Is there a minimum size, Cap? >> There's not a minimum size. No, >> I know that we had a minimum size in there because we didn't want to have these really super small. >> Um, that's not something I don't I

184
00:50:03.520 --> 00:50:18.480
didn't ask that question to town council. Maybe that's something we can ask him. Um, >> there's a minimum bedroom size requirement to be considered a bedroom. >> There's health regulations, right? Whatever. 7 foot wide and 1070 square foot for single occupancy and 100 for dual occupancy. So they'd have to meet

185
00:50:18.480 --> 00:50:34.000
all of all of those requirements >> and yeah and obviously you need to have certain amount of kitchen to be a kitchen. I think that's defined in the sanitary codes health codes as well. Um he asked a question about the ADU that

186
00:50:34.000 --> 00:50:51.359
is non-conforming in zoning shall still qualify as a protected use. Uh otherwise this definition he said why do we need this? That's the actual definition from those regulations. I don't think he necessarily knew that that's what that was. Um, >> so unprohibited regulations. So he's

187
00:50:51.359 --> 00:51:07.599
>> Oh, sorry. >> Um, he's suggesting it's not we don't need that. >> The only reason I included it is later. >> Yeah, sorry missed I went right over that one. Is later I talk about when we're we get back to let me just pull it

188
00:51:07.599 --> 00:51:24.000
up here. when we start talking about enforcement enforcability of restrictions and regulations on pre-existing ADUs because we do have still have a lot of family and very few I think we have one left affordable um but says um the town shall not enforce any prohibited regulations or

189
00:51:24.000 --> 00:51:40.079
unreasonable regulations and without knowing what those are and needed the definition of it um we could simply say under that section as defined in CMR blah blah blah we don't can eliminate >> okay >> um so we could do that I just reference it later and I Wanted to be sure that we knew what the definition

190
00:51:40.079 --> 00:51:59.359
>> what it was. Yep. >> Oops. Here we go. >> We are slowpoking it today. Um, use and occupancy restrictions. Yeah, that can probably be eliminated because I'm not using that specific def definition. Um, unreasonable regulations, same thing. I

191
00:51:59.359 --> 00:52:16.839
I had used that to fix that in another way and eliminate some extra definitions that we may not need. Um, with regard to eligibility, yeah, he concurs that we can't eliminate any of these anymore. So, that whole section w would be eliminated.

192
00:52:18.400 --> 00:52:34.240
>> Um, applicability. Um, section 407 only allows for the construction of protected use ADUs. No construction of ADUs other than protected ADUs shall be permitted by this bylaw. Clear as mud. I mean not clear but clear crystal clear that this is not going to be anything other than

193
00:52:34.240 --> 00:52:50.000
um an required protected use. Um in getting to back to some of the provisions again trying to keep what we what we need but not duplicating uh obviously the first one there about sex accessory apartments and separate housing that's all in the definition. We don't need to reiterate it in this

194
00:52:50.000 --> 00:53:08.240
particular location. um the the idea of only one ADU shall be allowed as of right again reiterating that containing a principal dwelling unit on a single family. But the question that I asked for town councils, what happens if there's already an existing ADU on the site? Do they then get a protected ADU

195
00:53:08.240 --> 00:53:24.440
in addition to that? He didn't answer that that question. So that's still out there a little bit. I think the way it's been interpreted by the building department is it your existing ADU is your protected use ADU, but I'm not sure that that's that that's true.

196
00:53:24.480 --> 00:53:40.160
>> Um, dimensional requirements, we can no longer set a minimum lot size. So, all of that is gone. A lot of the other comments here that are taken out were related to dimensional standards which I think can just be covered by expansions, additions or new detached structures for an ADU shall meet all the applicable

197
00:53:40.160 --> 00:53:58.319
dimensional requirements uh regarding allowable building coverage and setbacks per section 203.5 and building height for section 203.4. So they have to meet the current regulations. >> Uh simple, down and dirty. Um, and yeah, he was saying it's okay if

198
00:53:58.319 --> 00:54:12.880
this is the most permissive requirement for residential structures in the bylaw. I think what he's getting at is if you had like if you allowed garages to have um smaller setbacks, then you might need to do that for an ADU. The only structures that we allow less than those

199
00:54:12.880 --> 00:54:29.920
sections I referenced is for accessory um structures of less of 150 square feet or less. a shed. >> And I'd a shed. I'd like to think no one's gonna build. >> Let's just call it what it is. It's a shed. >> It's a shed. And that's the intent. It's meant to be a shed. So, I think we're

200
00:54:29.920 --> 00:54:44.720
okay um keeping that, but that's what he was talking about. >> Um we already tal we already indicate in the definitions that it can be within or attached or detached. Um

201
00:54:44.720 --> 00:55:01.119
I did se item number two here is talking that's where we have been talking about um in a sense design standards. You can't be vague about your design standards. If you have design standards you have to be very specific the pitch of the roof and all of these particular things. We're not going to get into that for an ADU. We don't get into that for a

202
00:55:01.119 --> 00:55:18.720
house except for above like I said an old Kings Highway. So ADU is located north of six which is the old Kings Highway historic district has to meet their regulations. So they still have to follow all of those >> requirements. Color, >> roof, what? What? Yeah. Whatever they

203
00:55:18.720 --> 00:55:33.680
Yes. >> Whatever they require. Um and then an ADU. You know, we had a whole bunch of information about the sizes and how that was calculated. Obviously, it's now dictated to us that it's not going to be larger than 900 square feet or 50% of the gross floor area, whichever's

204
00:55:33.680 --> 00:55:50.640
smaller. So, um it'll never be more than 900 square feet, which is pretty reasonable. I think we had 800 square feet before. >> It was It was 800. >> Yeah. Um I did include this number four. The footprint of a new detached ADU cannot exceed exceed that of a principal dwelling. That's something that Falmouth

205
00:55:50.640 --> 00:56:06.960
included. I wasn't sure about it and Jay was kind of saying you could probably come up with a reason why it's not allowed. Um I thought that Falmouth had gotten it approved and and everything. I guess the idea is if you had like multiple stories, a threetory, you

206
00:56:06.960 --> 00:56:21.920
wouldn't all and you needed a 900 square foot, you would not have this big square footage of a building in the back. I don't really think it's necessary. Uh and if Jay's questioning it, I would just take it out. >> Yeah. >> I think it's covered by number three, Kath. So, >> yeah.

207
00:56:21.920 --> 00:56:38.799
>> Yeah. Yeah. I think so, too. Um and then parking, you know, we don't have a say in parking anymore. Um, so it's no more than one parking space per ADU and zero if you're in half half a mile of a

208
00:56:38.799 --> 00:56:55.040
transit station, which would be the ferry and the um bus station over in in Barnesville. So there's a little bit of Yarmouth that would be in that in that half mile radius. I did ask about we had spent a lot of time about where you can park that car.

209
00:56:55.040 --> 00:57:10.880
>> Oh yeah, >> I talk a lot about parking cars. plenty of parking >> right on the street. >> So, we had, you know, we didn't want people parking on their lawn, you know, just half-hazardly um or expanding in

210
00:57:10.880 --> 00:57:26.400
the the green space in front of their house. It sounds like he thought that that language was okay to leave in. So, I think if we can leave it in, let let's leave it in. >> Um storm water runoff from the new impervious has to stay on site. I don't know whether we have a formal

211
00:57:26.400 --> 00:57:43.040
requirement of that for single family homes. >> Not on single family homes. I don't believe Kathy. >> Yeah. So I don't think we can do number do number six. Um so that might be something that we have to eliminate. Um, I'm glad to hear um that we can say the

212
00:57:43.040 --> 00:57:58.160
ADU shall not be held in separate ownership from the principal dwelling unit because there was a while there where they wouldn't answer the question about condominiumization and it sounds like there's been a decision now that prohibits a separate owned ADU which I think is good. It would get so complicated if you had ADUs and one of

213
00:57:58.160 --> 00:58:13.520
the things is you can't require separate utilities for the ADU. So you're going to have utilities going through the house and and selling it. It didn't make any sense. So, I think I think that's good news. Um, site plans, you know, that's something that's all required if we're not having any design standards.

214
00:58:13.520 --> 00:58:29.680
That's all that's required um getting a building permit anyway. So, I don't think we necessarily needed that. Um, and owner occupancy, we can't require that anymore uh according to the regulations. Um, we had this section in in here because

215
00:58:29.680 --> 00:58:44.880
obviously we wanted to if we're going to increase our density, we want to make sure that the ADU is being rented out for year round. >> Um, so this was requiring it to minimum of 12 um consecutive months um and no

216
00:58:44.880 --> 00:59:02.640
seasonal short-term rental um or subleting of rooms or rentals. Um, and then Jay's response, I believe that a Cape Town or two have added a year- round requirement which was justified by the seasonal communities act. We're not a seasonal community. So, um, but he did

217
00:59:02.640 --> 00:59:19.280
offer, I think I had sent it to you with the um with the email um that Eastam had some language that was kind of interesting. ADUs may not be used as short-term rentals in order to address the town's need for year-round housing. An ADU shall be actively rented and or leased on a year- round basis until such

218
00:59:19.280 --> 00:59:36.240
time as the ADU no longer meets the definition as defined. Da da da. A one-year waiver may be granted for ADUs that are unable to be rented due to the need for repairs or unforeseen circumstances. This is mandating it be rented >> year. Year round. Yeah.

219
00:59:36.240 --> 00:59:52.400
>> At all. What if you want just your family to >> Yeah. >> Yeah. It doesn't say how many minimum days. I mean, year round could be two. >> It doesn't base an amount either. You could rent it for a dollar a year, you know. So,

220
00:59:52.400 --> 01:00:08.640
>> yeah. So, I think a little bit more thought needs to go into that one. Obviously, no short-term rentals. Um, and I and I also put in here, no principal dwelling on a lot with an ADU may be operated as a short-term rental. >> So, you get one bite at that apple. You can rent something, but it's not going

221
01:00:08.640 --> 01:00:27.839
to be both. both, right? >> Um I think Yeah. >> Oh, and then I remember I wasn't particularly concerned about this, but I think Susan was concerned about um too many commercial uses that within there.

222
01:00:27.839 --> 01:00:44.400
Uh and now they're just being left to home offices and home occupations. And um town council seemed to think that that was okay. He hadn't seen anything come up about that. Again, it's all going to be if it's not allowed, they would just the AG would make a determination and then they would we would take it out. >> So, even if we passed at a town meeting,

223
01:00:44.400 --> 01:01:01.359
the AG said, "No, it violates the law." Then then >> we have to take it out. >> Um registration and inspections. I just talk about the red rental um town health department and all the occupancy. Same thing. His concern is I'd recommend

224
01:01:01.359 --> 01:01:17.599
this be a board of health regulation, not a zoning bylaw. it is. We're just kind of stating it here. Maybe we don't need to put in registrations and inspections, but um or maybe we reference the general bylaw, chapter 108, the occupancy of buildings

225
01:01:17.599 --> 01:01:33.520
or something. >> Yeah. >> In recordkeeping, we're required to keep a whole bunch of records and give it to housing and livable communities uh whenever they request it. Um, and then there's pages and pages related to our existing afu uh affordable units and

226
01:01:33.520 --> 01:01:48.640
family related units which I have deleted and and just put in the two paragraphs that we have here. Um, because we can no longer uh restrict that or even other weird things that might have been in a special permit. Um, we no longer have necessarily the

227
01:01:48.640 --> 01:02:03.920
ability to regulate that. So I just have included in here the process that the ZBA has been following and they just if somebody wants to expune it from the title of the property so that when they sell it there's not like oh it's only can be rented to family or it only has to be affordable. They can just make a

228
01:02:03.920 --> 01:02:19.680
request to ZBA. They put it on an agenda item and they give them a document that can be recorded at the registry of deeds. There's no Yeah, there's no fee. There's no application. It's just it's in the chain of title so that they can say, "Okay, this isn't restricted any

229
01:02:19.680 --> 01:02:34.640
longer >> and that's it. >> Okay, question." >> Yeah, sure. >> So, I just hypothetical then I guess if so, if you have a n00 foot ranch, full basement, let's assume the basement's

230
01:02:34.640 --> 01:02:49.599
900 square feet. So, both the basement and the first floor is included in the GBA, >> whatever that definition is. Yeah. >> Gross building area, right? So you then could you have 1,800 square feet. You could then create another 900 square

231
01:02:49.599 --> 01:03:06.880
foot ADU unit. Even if your basement is unfinished, it doesn't say your basement needs to be finished, right? >> Correct. >> Yeah. >> So you could almost you could essentially you could create a duplex is what you're going to do. You could do based on math. >> You could do that. Yes. >> Yep. You'd have a basement level

232
01:03:06.880 --> 01:03:23.039
apartment and then a first level >> or put another one attached. Attach another 900. You can only have one but yeah >> but you have your primary 900 foot single family full basement 900 ft² right >> so we're working off the 1800 so you can

233
01:03:23.039 --> 01:03:39.359
do so you can so you could add I was saying another 900 foot residence on that house >> correct but there could be only two residences not three >> no right >> correct >> you couldn't finish the basement >> right >> that's nuts

234
01:03:39.359 --> 01:03:56.240
>> that's the state jamming this down our throat Yes. >> And so there is there in the language in the the state provision the the the basement counts. >> Yes. This is the gross floor area definition that's in the regulations. >> All right. >> It says includes basements lofts and

235
01:03:56.240 --> 01:04:12.960
intermediate floor tiers measured from the interior blah blah blah. So it does include basement. >> So it it really it really means you everybody could have a duplex >> up to 900 feet. Yeah. up to n up to 900.

236
01:04:12.960 --> 01:04:29.039
>> Yeah. Just more stress on the local septic system >> and water. And water >> and water. >> Okay. >> All right. So, more on this. Um Kath will be visiting this again. Um and you

237
01:04:29.039 --> 01:04:45.119
said Jay might be joining us next week. Yes. For both of these. >> Not next week, but the I'm sorry, our next meeting. >> Um great. >> Yep. I hope so because we got to keep going on these things because it's gonna be >> gonna be neat. It's already gonna be at the wall of the public hearing before we

238
01:04:45.119 --> 01:05:01.680
know it, you know. >> Yeah, it's a lot. >> All right. Um, so next on our agenda, um, unless we have any other questions on this one, it's okay. Uh, meeting minutes. Uh, June

239
01:05:01.680 --> 01:05:19.520
17th meeting minutes. May I have a motion to approve? >> So move. Second. >> Uh, any discussion? All in favor? >> I >> I abstain. >> Uh, Mr. Slovak extend. Abstain. Yeah.

240
01:05:19.520 --> 01:05:35.599
>> Um, you've sent us the board of appeals. I see. Um, the uh Mr. Gallagher's uh stepson is on. I Why can't Childs Owen Childs is on for >> Alden?

241
01:05:35.599 --> 01:05:50.240
>> Alden. >> Alden. >> Sorry. See, now I'm not good with names. Mr. Pa um is on for Thursday. >> Yes. >> If I remember. I'm sure it will be I'm sure it will be approved. I'm hoping. You never know. >> I hope so.

242
01:05:50.240 --> 01:06:05.359
>> Yeah, I hope so, too. We went through We went through a lot for that, >> Madam Chair. >> Yes. >> No. Am I just pointing out number three update on Madakis? You skipped >> Oh, I'm sorry. I apologize. Thank you. >> Yeah. Um not much to update on there. I

243
01:06:05.359 --> 01:06:22.240
did just receive um updated scopes of services from the two consultants to look at as well as the formal agreement. Um Amy Frigidi is doing all of this. Um the actual agreement, taking a look at that and providing any comments I might have on that. I'd like to see that move

244
01:06:22.240 --> 01:06:37.440
forward as soon as possible because again, that's going to be another thing that's going to come your way with regard to zoning for that site. Yeah, I I apologize for that, Mr. Smith. What I had jumped ahead on was they've dissolved. I think the board of selectmen has said that the committee no longer

245
01:06:37.440 --> 01:06:52.880
>> the committee has been disbanded. >> Disbanded. >> Yeah, they took that action to disband the committee. >> Uh so moving on. Uh committee updates, anyone? >> Nothing. >> No. >> No. Wastewater is not meeting until

246
01:06:52.880 --> 01:07:09.119
August >> and I don't have a date yet, Madam Chair, for the site visit, but I will >> reach out to Sparro to see if I can get a date. >> Okay, great. Um Kathy, you have an update for us on seasonal communities. You want us to take a

247
01:07:09.119 --> 01:07:24.400
>> Yeah, I just wanted to briefly I mean, we've talked about it a lot. I think um my understanding is I think we're all generally feel that um the require the two required zoning changes are really not there's no serious objections from the planning board um no serious concerns about that because I could

248
01:07:24.400 --> 01:07:41.200
draft up um a memo to give to the select board kind of stating those and we can review it at the next meeting. I just want to make sure I was reading everybody right or the general majority and then I can put that together. >> Yeah, I think that's a a good idea. It's um I think generally our deliberations

249
01:07:41.200 --> 01:07:56.799
over and your discussions with the state Kathy have assured us that some of those things we were concerned about we don't need to be concerned about right now. Um and that we really don't have we don't approve it or not approve it. We have no

250
01:07:56.799 --> 01:08:14.640
comment. We don't think it um has, you know, it's it's up to the select board to move this forward to the um to town meeting. I'm sure they'd love to hear your opinion if you had one, but I think we got our plate full. I don't with uh we

251
01:08:14.640 --> 01:08:29.520
did our hard work with regard to the zoning, getting comfortable with that. I think we should kind of maybe talk just leave it at that. But if you guys feel strongly, we could certainly provide some other comments. But I wasn't very clear from the board on the rest of the items or their favorability of the

252
01:08:29.520 --> 01:08:45.520
seasonal communities. But just the fact that we seemed reasonably okay with the with the >> We didn't have any I don't think that we had any serious concerns about it. >> No. >> Nope. >> Okay. >> Unless we do. >> No, >> Peter. I'm looking at you. >> Peter does >> concerns with everything.

253
01:08:45.520 --> 01:09:03.759
>> No. >> About the zoning or about the seasonal communities designation? No, it's it's fine. Won't do so much. What I am concerned about is the water. >> I don't we haven't got to other topics

254
01:09:03.759 --> 01:09:19.199
yet, but um >> I feel like we're flying blind sometimes. We're sitting here trying to decide density and making decisions about increasing the town's density by bringing more people into it and taking seasonally used homes and making sure they're used beyond their their

255
01:09:19.199 --> 01:09:35.759
allowable occupancy. But no one we don't know anything about water other than the LCP told us there's a problem other than there's two wells shut down and we heard about the PIOS and I we don't I don't I don't know as a committee member what our true problems are >> other than the fact we can't water our

256
01:09:35.759 --> 01:09:51.120
lawns anymore. Right. >> And anything else? So, is there any way we What is it that we can do to learn more about that problem? >> What are the selectmen doing? >> I I just can't remember the last time

257
01:09:51.120 --> 01:10:10.080
Lori Rosala might have given an update um to the select board on on that issue because she she would be the one who would be in the know. The last time I talked to her when we were doing the LCP, it was we had enough um

258
01:10:10.080 --> 01:10:26.960
permitted pumping abilities to match the growth of the sewer allocation, but then we've had we've seemed to be having more frequent, more severe droughts since those conversations were had. I think it's worth talking about. >> Yeah. Yeah, >> that's absolutely something needs to be

259
01:10:26.960 --> 01:10:43.040
talked about. >> Yeah. We're we're we're in a we have a water problem or crisis or whatever you want to call it before our 3,000 motel rooms are going to be full 48 hours from now, you know, and 1500 short-term rentals are going to be full over occupancy. And nobody seems to be

260
01:10:43.040 --> 01:10:58.080
talking about that enough or I don't hear it enough. I don't Maybe I'm missing it. >> No, no. I I think I think you're I think I think you're right, Peter. Yeah. Um Mr. Playa, >> you can't talk from there. >> You got to come to the mic.

261
01:10:58.080 --> 01:11:15.040
No one at home can hear you. >> The other thing to to support what Mr. Slovac is talking about is the sprinkler systems. They're on all over the place. >> Not supposed to be. But how do you report it? And what's the ramifications?

262
01:11:15.040 --> 01:11:31.520
>> The the the difficulty is is that if it's on a well, >> it's aren't >> well, ma'am, next door to me, >> which is I don't understand that regulation at all. But if it's on a well >> private private well >> private well >> private well same amplifier.

263
01:11:31.520 --> 01:11:51.600
>> Yeah I know I'm with you. I'm with you. You should see my lawn. >> Uh anyway um I'm wondering Kathy if there's some way um we can use this water issue um in terms of

264
01:11:51.600 --> 01:12:06.159
this needs to be a constraint of some kind. >> I agree. This needs to we need to we need to be able to apply this as a constraint on development like ADUs and

265
01:12:06.159 --> 01:12:22.159
um you know 12 people in a three-bedroom house flushing the toilet 40 times a day. >> One of the things that we're is on the LCP and one of the things that we're actually going to start I got to send out an email to everybody is we had always talked about um the sewer

266
01:12:22.159 --> 01:12:37.840
allocation process. everyone was entitled to what they had when those land use regula control regulations were put into place. Um, and then you need to ask for extra. You're going to need to ask for extra when you want to >> sewer sewer allocation. >> There's no water allocation,

267
01:12:37.840 --> 01:12:53.440
>> right? Correct. But I'm saying maybe in those conversations that we're having about sewer, we can also have the same conversations about water. >> Yeah. >> Yeah. >> Maybe that's maybe that's an angle. >> Yeah. >> They go hand in hand. You can't >> well they go hand in hand but you never

268
01:12:53.440 --> 01:13:08.880
hear about it. You only hear about sewer. You never never hear about water. >> They want to talk about a new apartment complex property and what it's going to contribute to the sewer. They don't they don't mention how many gallons are needed going in >> the service the units. >> Point well taken.

269
01:13:08.880 --> 01:13:33.840
>> Yeah. Okay. Let's add that to our agenda. Thank you, Peter. Um, not sure if we want to include something along those lines in the note to the select board.

270
01:13:33.840 --> 01:13:52.000
It's not really related to seasonal communities, but it sort of is. Yeah, I don't think it >> how do we how do we what's the first step we should take in >> I think the first step is let let me send let me meet what the whole point of this the sewer allocation was to have an

271
01:13:52.000 --> 01:14:08.239
initial discussion meeting with >> all the town staff involved in this and then we can kind of talk about water allocations at the same time and maybe >> you know I don't know what this level of drought means with regard to our capacity to meet our our current needs

272
01:14:08.239 --> 01:14:25.199
and or future needs Right. So, this is something getting a better handle on that from Lori would be would be helpful. >> Maybe would it be inappropriate to ask her to talk to us? >> I don't think it would be inappropriate at all. It's just a matter of let's >> maybe it's not next or or or maybe it's something that

273
01:14:25.199 --> 01:14:40.800
happens in the fall or something. Um and maybe we can get some I can maybe get some answers from her already specifically when we started talking about the sewer allocations. >> Okay. Uh, anything else on staff updates, Kev?

274
01:14:40.800 --> 01:14:58.560
Um, our upcoming meetings, July 15th, couple of weeks, and then August 5th. Um, and again, the 15th, we were expecting town council to join us via Zoom. >> Um, any regulatory things coming up, Kath,

275
01:14:58.560 --> 01:15:13.840
you know, for us? >> No. No, there are a couple other um I think I had mentioned in previous small zoning things to take a look at. One of the things that kind of came out of the arts committee is maybe we might want to look at allowing murals for um public properties

276
01:15:13.840 --> 01:15:29.440
>> because I know they've been talking about, you know, murals on the sandy pond restrooms and and those types of things. Um and then of course we talked about the maximum front yard setback. Uh, and I thought there's one more very small thing we might want to think

277
01:15:29.440 --> 01:15:46.159
about. Okay, >> Kathy, I see them doing land clearing at um the old laundry mount on 28. >> Yeah, >> there's no project that has been presented to the town. >> They're taking trees down. >> Yeah, they did ask about removing trees

278
01:15:46.159 --> 01:16:01.920
because I guess there's been some damage to the roof with the trees that are there. They've been made fully aware of the buffer requirements and they can't touch that. Um, but my understanding is we're going to move forward with repairing the roof and some of the rot on the on the existing building.

279
01:16:01.920 --> 01:16:16.960
>> Madam Chair, August 5th, just so you know, I will be out of town. So, >> next week. >> No, August 5th. >> Oh, August 5th. Okay. All right. Um, so may I have a a motion to adjurnn then? >> So move. >> Second.

280
01:16:16.960 --> 01:16:21.840
>> All right. Um, all in favor?