Why don't we do some >> recording in progress? >> Be a good idea. [clears throat] >> How's everybody doing tonight? Can you hear me? Okay. >> Y fine. Thank you. >> We can hear you, Mr. Chairman.
>> Okay. You're good. Do we have six o'clock already? >> Oh, yeah. >> We do. >> Six. >> All right. Very good. All right. We ready to begin? >> Yeah. >> Yes. >> All right. Okay. Good evening, everyone. My name is Sean Igo. I'm chairman of the
Yama Zoning Board of Appeals. We will now convene the January 8th, 2026 meeting of the Yama Zoning Board of Appeals. This is a hybrid meeting is being recorded. We will begin by taking a roll call for quorum. Mr. Martin >> here,
>> Mr. Manon >> here, >> Miss Murphy >> here, >> Mr. Scanland >> here, >> and I'm here as well. Having uh established a quorum, I will now uh begin the meeting. Uh the first matter
on our agenda is petition 5206, William A. Bravo, trustee of the William A. Bravo Revocable Trust property location at 147 Run Pond Road in South Yamouth, Mass. It's in an R25 zoning district. The applicant seeks a special permit or
for 104.3.2 for increase in height of a pre-existing non-conforming structure to construct a second floor addition and thirdf flooror habitable attict with outdoor deck. Um, it's my understanding that uh we've have
a request for continuence on this. >> Yes, Mr. Chairman. >> Okay. I don't have a copy of the letter. Did he send a letter in? Uh, >> yes. >> Attorney, >> he did, sir. >> Okay. Did Do I have it in my email?
>> Yes, sir. >> I do. Let me check real quick. Whenever I ask you, Dolores, I know it's absolutely correct. I'll certainly not doubt you.
Let me just go right here. [cough and clears throat] >> You know when you sent that to me, Dolores? Is it yesterday? >> We would have received it on January 7th. yesterday. >> Yesterday. All right. >> And
>> I know I called you about it. So, >> yeah. No, I'm aware of it. I'm just not seeing my email. Let's see. A letter of support for 177. No. >> Well, we have a request for continuence
of this matter. Um, and is the request for continuence until the date certain, Dolores? >> Uh, yes, sir. It's February 12th. >> February 12th. Is anyone here on that matter? [clears throat] >> Seeing none. Right. >> Correct.
>> Okay. Um, is anybody prepared to make a motion to anybody have any discussion or wish to make a motion to continue the matter until >> February 12th, you said Dolores? >> Yes, Mr. Chairman. >> Okay.
>> I'll make a motion to approve the continuence. [snorts] >> Okay. Have a motion made by Mr. Scandlin. Do we have a second to the motion? >> Second. >> Have a second. Any discussion on the motion?
>> Um, one uh aspect of the application that I noted in the file was they were asking for uh u permission to extend uh the the height of the building. And there was a lot of drawings in the
package that they gave us. But uh some of the drawings they didn't give us was the actual renderings of the second and third floor that they're looking to build. And I thought I think it would be helpful if we had that information as well at the the next meeting that we
consider this uh application. >> Okay. We'll make a note of that. We'll review the file. Uh Dolores, if you can just make a note of that and we'll see what we have in our file and we'll uh address Mr. Scan's concerns regarding that.
Okay. Uh, any further discussion? Hearing none, we're going to take a roll call vote. Mr. Scandlin. >> Hi. >> Miss Murphy. >> Hi. >> Mr. Manon. >> Hi. [clears throat] >> Mr. Martin. >> Hi.
>> And I'm an I as well. So that matter is continued until February 12th. Okay. The next matter on our agenda is petition 5207 Elliot and Rabby Basile.
I hope I pronounced that correctly. Trustees of the Basil Brothers United Trust property location at 1308 Route 28 South Yarmouth with Mass. It's in a B1 and B2 zoning district. The applicant is
seeking a special permit per 104.3.2 2 paragraph 4 to expand a non-conforming use and construct a garage addition with a 21x 46 bay and a second floor. >> Good evening. >> Good evening.
>> Could you identify yourselves for the record, please? >> Right here. Identif. >> Could you tell us your name, please? >> Uh Ravi Basil Basil. >> Okay. Are you the Basil brothers? >> Yes, we are. >> Oh, okay. Yeah, I see that. But I just
wanted to confirm that. Thank you. Okay, we have a petition in front of us. Tell us a little bit about what you want to do here. >> So, uh getting busy with the inspection stickers at the location, we decide to expand the the garage extra one bay as
you can see on the plan. And uh since we're going to have the extra garage, we're just going to have a second floor with a possible storage or office on the second floor. >> Okay. Okay. So, so the extra bay is going to be for
inspection sticker and uh so that way we can get things moving faster and uh might as well just get the second floor and we'll be able to use it as a storage possible office in the future as
well. >> Okay. Okay. Is there anything else you'd like to add at this time before we go to the board for questions? >> Uh, no. Anything that I No, I think that's pretty much it. >> Okay. All right. Mr. Martin, do you have
questions for the petitioner? >> Uh, [clears throat and cough] no. I think some comments. I don't have any uh particular [clears throat] uh questions. this uh diagram here. I'm
trying to remember your canopy over the pumps. Is that just a flat canopy? >> Yes, >> it is. Okay. >> So, that's what's there now. >> All right. I don't have any real trouble with how the uh
building looks other than the rear. Looks like it's cement block in the back. Yes. Yeah. Any chance of getting some kind of siding on that as well? >> It's going to be all siding actually. It's going to be we >> It will be all siding
>> on the site plan review. It's going to be all like uh cedar shingles and it's going to be like Cape Cod gray color. >> Okay. Okay. Good. >> Okay. Uh I have a few issues
[clears throat] about you know upgrade no upgrades to the landscaping and all and the front front buffer is actually on the state broad property. So it'd be nice to see a little bit more. >> Definitely we'll get more landscaping going on. We we will have we will have landscaping.
>> Okay. Some some more improvements including some trees. >> Definitely. Yeah. >> Okay. That's all I got. >> Okay. Mr. Manony, do you have any questions for the petitioner? just um so in this uh drawing here, right? So you're going to reside the whole
building as well. >> Yes, >> definitely. Yeah, it's going to resize. It's going to it's going to look like the same like on the on the drawing. >> Yeah. And what that's going to be cedar shingles. Is that what you're saying? >> Uh that siding siding. Uh it's going to be shingles. Yes.
>> It's you can't tell from the diagram. >> It's either Yeah. I just looks like only the color, but it's going to be like uh it's going to be cedar on this on this side. >> Yeah, I mean it it I think it looks >> Yeah. And it's going to be the color going to be the Cape Code gray color, too. >> Yeah. Okay. Very good. Oh, that's fine.
Thank you. >> Thank you. >> Okay, Miss Murphy. >> Um [clears throat] the proposed addition is this um 2000 gallon tank. Is that underground? >> The tank? Yeah, it is on It's
underground. It's underground. Yeah. So this addition is not going to have any impact to that or >> No. No. It's like far away from that thing. >> Okay. >> It is far away from that. >> That that was my only question. >> Okay. Mr. Scanland, do you have any questions? [snorts]
>> Um yeah. Well, I do have a question. One, I'm I'm generally supportive of the uh of the request. Uh the question I had was I read somewhere that uh they continue to do used car business off the
site. Is that accurate? >> We do. We do use car business. Yes, we do. >> Okay. And where are those used cars? Where are they packed? Where are they? >> They're going to be parked. Is they going to be parked all the way in the back? >> Uh >> behind the building.
>> Behind the building. That mean the lot is like kind of triangle. So everything is going to be behind the building. >> Okay. All right. And um so um I've been there before. Uh guys do an excellent job by the way.
>> Thank you. >> Uh but the the the side where the on the right side of the property between the proposed addition and the fence uh is usually pretty crowded with some cars. Is there going to be uh access to that?
Is there going to be parking spaces there? What is the plan for that space? >> So, the parking space as we said is going to be on the back. The our car business is not our main business. We only like I mean do like few cars as you can see. Most of the cars are like for
repair and the repair is in and out every day. So, whenever we repair the car, it's not it doesn't stay there. So, it's like kind of >> uh if you if you go at night, you can see like our lot's pretty much empty and the spot and and the space between the addition and the buffer. That's I mean
that's that's uh that's how we can of get from the front to the back. So, this one is always clear. >> But during the day sometimes I mean like customer park we always I mean get cars moving because of the inspection. So, you know like 10 15 minutes the car is there and then it's gone. >> Right. Okay. Thank you.
>> Thank you. Anything else, Mr. Scandler? Is that it? >> No, that's it, Mr. Chairman. >> Okay. All right. Um, I have just a couple of questions. So, the used cars are that are for sale will be in the back and none will be in the front as
advertised for sale. Is that correct? >> Correct. Yes. >> Okay. Um, now I I see you have a staircase that runs up the back of the building. Um, is that the only form of egress up to the
upstairs? Is there a proposal for a second staircase somewhere? >> So far, that's the only one that was just like I mean quick drawing to show I mean like what are we doing? But I'm I'm sure like I mean if like any office or
any thing is going to be going on over there, it might I mean whatever the requirement is I mean like when we go for a permit it's going to it's going to show. So if we need two staircase, I mean it's going to be two. So whatever the requirement the codes is, that's what's going to happen.
>> Okay. Okay. Um so if you did put in a second staircase, if you were required, would that be an internal staircase or would you be planning on putting it on the outside of the building? outside. >> Uh probably on the outside and maybe
connected with a decking the first and the second one if it's it's an option or will be another one on the opposite side on the other on the other corner on from the back. >> Okay. Um where you have that staircase
right now on the back, >> it looks like you could run another staircase up towards the other side of the back. >> Exactly. That's what I That's what I mean. Yeah. >> Okay. So, you won't be running any staircases on the exterior that will be visible from Route 28. Is that fair to
say? >> No, we won't. No, we won't be anything visible from 28. Correct. >> Okay. I'm not sure if you need one, if it's just for storage, but I think if you convert anything to offices, which would be okay, and you might even be
able to do some type of an apartment up there uh under the zoning bylaw, which would be up to you, but I think the building uh inspector would require you obviously to have a second form of aggress. >> Correct. >> Um so just bear that in mind right now. >> Sure. Sure. Thank you.
>> Okay. Um, I don't think I have anything else. Let me check my packet. Um, [clears throat] I have a site plan review comment sheet. Uh,
says that the under building structure and use located in the B1 and B2 zoning district. Building addition will need all require will meet all required setbacks. No increase in nonconformity to structure. uh use requires a special
permit. uh community development applicant has done a great job making the building look good and it will be a nice addition to the that this end of route 28 design review um refer to the attached which I have conservation uh work is
outside conservation jurisdiction engineering proposed site plan does not indicate storm water is being treated stored or infiltrated on site no proposed Post drainage is shown suggest roof surfaces from addition be handled
on site in bleaching structures. Do you have any proposal for any type of gutter system onto like drywalls or anything? >> It will be once we go for building permit definitely we will have all the I mean to meet the requirement for the site plan.
>> Okay. um fire uh 527 CMR-1 is the fire code for access in the repair garage is governed by fire code as well. So you'd obviously have to comply with that. >> Um did the board of health ask to come
in and take a look at that relative to any storage of toxic materials or have you addressed that with the board of health in the past? >> We had we had addressed it with the board of health in the past and we have all the permit for that too. >> Okay. All right. because I don't have
any memos in my packet. We usually will have one if it's required. So, I I figured that you'd already uh >> Yeah, we we already we already we have all the permit. It's been filed for all the years with the Harris Department. Yeah. >> Okay. Okay. Um [snorts] water not
present. That's all I have for that. Design review. Uh comment sheet. Um I think they've gone over quite a bit what we have. Um, I see Mr. Martin asked about the single staircase and the second floor. We've
already addressed that. Um, um, plantings. I I know that was asked before. Uh is there some type of uh plantings, additional plantings like a front or something that you're planning on doing >> on uh on the property now there is
already planting on both side left and right there is a lot of planting and uh I mean in the summer time I mean we have all the hydranches and everything looks beautiful over there in the in the middle on route 28 on the buffers there is already trees over there and there is planting even though like I mean it's on
on the state I think property we still always we take care of that to keep it like looks nice you know and it's it's there I mean there is a nice landscaping and then if there is any requirement for more we can do but I mean obviously we cannot do much on the buffer that's on
route 28 we can only do on both both side of the property which is our >> in our property you know [clears throat] >> okay all right um that's all I have. Does anyone else from the board have any further questions for
the petitioner? Hearing none. Um, is there anyone in the audience that wishes to speak in favor of this petition? If so, please come to the microphone. Seeing none, is there anyone here who wishes to speak in opposition to this petition? If so, please come to the
microphone. >> Mr. Chairman, we do have an anonymous abutter who submitted a very brief letter in opposition. >> An anonymous abutter. >> Yes, sir. >> Um, well, I'm not sure that it's fair to the
petitioner. Um, I'm not sure the person who wrote it. Uh, where was the letter? >> Two short sentences. [snorts] >> Yeah, it was in the packet. Um, Mr.
Chairman, >> uh, it just said we do not support this request. There are enough issues and traffic in the neighborhood. >> Okay. All right. That's fine. Thank you, Mr. SC. >> [clears throat] >> Um,
all right. Uh, do we have anybody online, Dolores, with their hand up? >> Uh, no, Mr. Chairman. >> All right. U, gentlemen, is there anything you would like to add before we close the hearing to the public and begin board deliberation? >> Uh, no, that's it. Thank you.
>> Okay. [clears throat] So, we're going to close the hearing to the public, open it up for board deliberation. Is anyone prepared to make a uh a motion or begin a discussion on this? >> I'll make a motion to approve the uh the
application >> as requested with no conditions. >> As requested with no conditions. >> Okay. Could we just put one condition? Maybe just uh consider one and that's the uh any used cars will be placed
behind the building that are for sale. We can do that. >> Okay. Um Okay. Is there a a second to that motion? >> I'll second then. >> Okay.
>> Uh we have a motion made by Mr. Scanland to approve the petition as requested with the only condition being that any used cars that are for sale be located in the back of the building on the uh in the spaces as designated by the petitioner.
Um anybody wish to have any comment on the motion? Uh just [clears throat] maybe if we could also add that any area anywhere in the uh buffers that where there isn't any
plantings or trees in the at this time that some could be added. >> Okay. Yeah. Specifically where you wanted those. Okay. In front, you know, I mean, I realize there their their limitations there relevant to that, but
[clears throat and cough] it, you know, it seems to show a line of trees are shrubs on the westerly side and doesn't seem to show much else, even though I think there are some there. Um, but wherever uh wherever it needs a little
greening between your neighbors, I'm sure both uh I'm sure they would probably appreciate that. So, >> okay. Okay. >> I don't have any distinct, you know, places to say where I'd like
to see them, but whatever you could do relevant to that would be, which you already mentioned, you might uh would be appreciated. >> Okay. So, if the petitioner could add that to his list about uh we'd like to see some
uh additional plantings, uh if they could take that into consideration >> wherever the buffers are barren, uh something could be added in those areas that would be uh certainly make this site look better and uh I would think be appreciated by
the neighbors. >> Great. >> Okay. I do think the petitioner has met the criteria under the uh bylaw. I don't think this is going to be in substantially more non-conforming. I don't think it's going to present any
undue hazardous nuisance or congestion not only the neighborhood but the surrounding zoning district. Um if there's nothing further um anyone else have anything to add? All right, we have a motion that's been
seconded. We'll now begin a roll call. Mr. Scanland. >> Hi, >> Miss [clears throat] Murphy. >> Hi, >> Mr. Manton. >> Hi, >> Mr. Martin. >> Hi. >> And I'm an I as well. So, that passes. Five in favor. None opposed. Uh
gentlemen, uh as soon as it's clocked, the decision is drafted and clocked with the town clerk. 20 days must elapse. That's an appeal period. Uh after that time elapses, Dolores will contact you. you can come pick up your special permit
from her and we need you to take uh that over to the registry of deeds and record it and kindly bring a copy back for our records. >> Thank you. >> Thank you. >> Any other questions? >> Thank you so much. >> Thank you. >> Okay. Well, thank you for coming in and
we wish you the best of luck. >> Thanks a lot. Thank you. Good night. Thank you. Have a good night. >> All right. The next matter on our agenda is petition 5208. Kevin and Julie
>> Dakota Dakota. >> Yes, sir. Dakota. >> Dakota. >> Okay. Yes. All right. Uh the property location is 200 Midcape Drive, West Gamoth, Mass. It's in a B3 APD and zone 2 zoning district. The applicant seeks a
special permit per table 202.5 for an N11 use amusement and recreational services to install two batting cages. The applicant requests a waiver from the requirement for a certified sight plot plan less than two
years old. >> Good evening. >> Good evening. >> Good evening. >> Could you identify yourselves for the record, please? >> Uh I am Kevin Dakota. >> I'm Julie Dakota. >> All right. I'm Jonathan Dakota. >> Okay. All right. Well, welcome
everybody. Uh tell us what you'd uh have in mind. >> Uh so at the property located at 200 Midtec Drive, um we're looking to install a couple of indoor batter cages uh so people have a place to go and and
train um throughout the year. >> Okay. Okay. Sounds like a pretty good idea. I know Sports World took theirs out a few years ago. I remember when I was very young, I used to be in their batting cages all the time.
>> All right. And uh do you have certain hours of operation that you're planning on operating? >> Uh right now currently it would probably be Monday to Friday um like 3 to 8 and then Saturday, Sunday like 9 to 9,
something like that. >> Okay. And uh how many customers do you anticipate having at one time? >> Um we're planning on setting it at a max of like 10 people at a time. Um I don't
anticipate it being that many, but that would kind of be what we're looking at. >> All right. Okay. Okay. And uh I think most of us are familiar with the property. Um,
you don't foresee a problem interfering with the other people over there? >> No. >> As far as their parking needs? >> Nope. Um, we've talked to the, uh, owner, which is actually here, and his listing agent. Uh, the unit itself comes with roughly three parking spots. Um,
and we've also discussed there's on the I believe this is the north side of the building, there's extra deep parking, uh, which can fit like two to three normalsized cars as well. So, we we've secured some extra parking as well.
>> All right. And and how many employees would you think you'd need? Just one? >> Yeah. >> At a time, you may have more than that on. >> Yeah. And so is it a similar setup like uh they used to have down there at uh I guess it's called Skull Island now, but
it used to be Sports World in my day. Um the automatic somebody's loading the baseballs into the uh the machine, fires it out. Do you have different uh different speeds for depending on who's going in? I would imagine.
>> Yeah. So it's fast. >> There there would be two cages located inside. Uh the main cage would have the pitching machine which has variable speed. >> Oh, I see. Okay. All right. Um that's all I have for now.
I'm going to go uh to the board. Uh Mr. Martin, do you have any questions? [clears throat] >> Uh no. As long as uh everybody thinks parking is adequate, uh I'm okay. >> Okay. Mr. Man Tony, do you have any questions
for the petitioner? >> Not really. Well, I think it's great. Okay. And Barbara, do you have questions for the petitioner? >> No. >> All right. Mr. Scanland, do you have questions for the petitioner?
>> No, I do not. >> All right. Is there anyone in our audience that wishes to speak in favor of this petition? If so, please come to the microphone. [clears throat] >> [snorts] >> Seeing none, uh, does anyone who wishes to speak in opposition to this petition
please come to the microphone? And we have none. Uh, Dolores, does anyone have their hand raised who wishes to be heard on this matter? >> No, Mr. Chairman. >> Okay. All right. Is there anything that uh you would like to add
uh before we close it to the public? Uh, if we can make this work, I hope to see you all there. [laughter] >> Okay. >> Could be grandkids. >> Okay. Well, I used to be pretty good in those cages when I was a lot younger. I
haven't been in one in a while, so I don't know. I might uh strike out quite a bit. Um, all right. So, uh, we're going to, if there's nothing further, then we're going to, uh, close this to the public, begin board deliberations. Is anybody prepared to begin a discussion or to make a motion?
[clears throat] >> Uh, I'd move to, uh, approve petition number 5208 as requested for a special. >> Okay. No conditions, >> correct? >> No conditions. No. >> All right. We have a motion made by Mr.
Martin to approve the permit special uh approve the petition as requested with no conditions. Is anybody prepared to make to second that motion? >> I have a second. >> Okay. Second by Mr. Manony. Any discussion on the motion.
Uh the only thing I would add is I I certainly feel that it meets the criteria of the bylaw. Um I don't think it's going to be any problem at all. It appears that there's plenty of room over there for everybody. I do think it's a great idea. I think there's I think it's
going to be a very successful business once everybody figures finds out that you're over there. >> Thank you. >> Um and maybe I'll come over and try my try my hand at it someday, but I'll come in when no one else is there so I won't embarrass myself.
>> Sounds good. Uh [laughter] >> okay. If there's nothing else, uh [clears throat] we're going to take a roll call vote. Mr. Scandlin, how do you vote? >> I, >> Miss M. Miss Murphy, >> I. >> Mr. Manon,
>> I. >> Mr. Martin, >> I. >> And I'm an I as well. So, that passes. Five in favor. None opposed. As you may have heard in the last petition, once the decision is drafted, it will be clocked with the town clerk. 20 days must elapse. That's an appeal period.
After that time has gone by, uh, Dolores will contact you. You can come over and pick up your special permit. You need to take that over to the registry of deeds and record it and return a copy for our records. >> Awesome. >> Okay. >> Thank you very much. >> Do you have any further questions? >> No, sir.
>> Thank you very much. >> Okay. Thank you and we wish you the best. >> Thank you. >> All right. Uh, next petition is petition 5209 Bulgakov and Marina Bulga.
Uh, property is located at 177 CV web in South Yarmouth. It's in a B25 zoning district and the applicant seeks a special permit per 104.3.2 2 sub paragraph 2 for an increase in height of a pre-existing non-conforming
structure and/or a variance from section 203.5 for sight setback relief to construct a second floor addition. The applicant requests a waiver from the requirement for a certified site/plot plan less than two years old. Good
evening. Could you identify yourself for the record, please? >> Hello. Uh good evening. My name is Morel Orta. I am the principal and founder of most studio architects out of Sandwich and I'm here representing the client >> or director >> and you're here on behalf of the petitioner. Correct.
>> That's correct. There's an authorization loaded in the system. [clears throat] >> Yes, I believe we have that in our file. >> Okay. Why don't you go ahead and uh tell us about the uh the proposal here? >> The proposal is actually is a very small project in reality. It's just that the
because of the location because of the site and the non-conforming nature of a site that anything that is done it will require special permanent it will require uh some uh uh some forgiveness let's just say uh the main reason is the
site setbacks are not met and the front uh the frontage is also 50 mters only it's 50 ft versus 150 ft uh that is required the side is only 6800 square ft uh versus the 25 minimum 25,000 minimum.
So, but everything everything falls in the same uh table of usage. So [clears throat and cough] there is no issue on height. Um the reason originally this project was just going to be the addition of a dormer on the top. But when I went and did the
structural analysis of the property, we realized that uh that property has a failing foundation. It has a brick foundation or or block foundation that is failing. So regardless of what he needs to do is is it's is almost becoming a life and safety issue that he will need to replace a foundation sooner
or later because it is cracking. So the code the building code CMR 10th edition requires that if we are going to replace a foundation if you have to replace two or more of the walls that classify qu that classifies it as a significant
improvement uh and that triggers the need to raise the building. So going from just trying to do uh dormer uh we seem to be right now caught unless we find any other solution that we will need to raise the building uh to comply with the flood zone because the building
is actually currently at elevation I believe nine or this is here in the drawings uh but it the flood zone is elevation 11 and uh so when we add the two feet the the base of the building will need to be elevation 13 at least. So that's that's those are the concerns
of of the project is he is not changing the footprint originally the same footprint that it has existed it will remain even if he replace the foundation just as a repair mostly so the [clears throat] building is not being relocated or anything. So
>> okay so just so I understand um your current elevation in the front yard looks to be a little less than eight about 7.8 Um your new proposed
top of foundation will be 11. >> It will be 13. And the the reason is >> is that top of foundation or is that the finish? Is it at the floor? >> That's that's what is top of foundation. Sorry. Top of foundation will be 14. And the reason, yeah, the reason is because
the code requires uh 2 feet from the flot elevation to the bottom of any structural member that is not concrete. So that's that's what determines the freeboard height requirement. Yeah. >> Okay. in in
>> how much uh foundation you how much exposed foundation do you anticipate having >> from the finished grade up until the uh bottom of the siding? I ideally very little er can clat this exercise will
require a significant amount of reclatting let's say on matching so I would I will feel and in all the renderings we're showing to actually show very minimal to a degree as as showing if it was always there you don't want to see the house like just raised and have a 4 foot concrete wall showing
so >> okay doesn't look like you have a height issue on that looks like you just pling room there. All right. Um check something here
14 foundation. Um that's all I have for now. I'm going to go to the board for some questions. Mr. Scanland, do you have questions for the petitioner? Um so I I guess my question is the uh
the the relief s is the side setback >> correct? >> So which side uh are we talking about >> both sides? Uh >> yeah I believe the existing and again it's not changing the the footprint of
the house. I believe the existing in both sides one I believe is 5.9 feet and the other one is 11.7 or 11.9 ft and the minimum require is 20. So so we believe that there's no way we can
we have to ask for relief. >> Right. But but you're not expanding the footprint of the building at all. >> Not at all. Not changing at all. >> No. So um the building exists as a prior non-conforming use. >> Correct. It just triggers it because they're
going up. It's the reason why there's why they have 15 on each side. They don't have it. >> So, anytime you go up right there, it does trigger >> um the need for relief. >> All right. That that's all my questions. Thank you.
>> Okay. Barbara, do you have questions for the petitioner? >> Um no, I don't. [clears throat and cough] >> John? No, I don't have any questions either. >> Okay. How about you, Dick? Do you have
any questions for the petitioner? >> Nope, I don't have any either. >> Looks like >> I don't I think you've answered all of my questions. I I think we're all pretty much uh understanding what you want to do here and we understand your need for
relief. Uh is there anyone in the audience who wishes to speak in favor of this petition? If so, please come to the microphone. Uh, there's someone coming to the microphone, Mr. Sherman. >> Okay. >> Hello.
>> Hi. Could you identify yourself for the record, please? >> My name is John Moyahan. >> Okay. Mr. Moan, go ahead. >> I'm the owner of the property uh adjacent to 1779 CU AV with my wife Anne. Uh, I've [clears throat] submitted
some uh documents there. I don't know if the board has had time to review it. Uh I'm supportive of uh Batali improving his property. Uh but I do have some contingencies that I'm concerned
about. The primary is that uh when the property was renovated in the 60s, the former owner, Mr. Gross trucked in a lot of landfill uh to put in a foundation and constructed a wall and a fence at
that time to retain the the landfill. Since that time um and particularly after it was it passed into Vitali's hands, the wall had become overgrown with with vegetation and he wanted to replace the fence. In fact, uh we
co-unded part of that fence so it could be uh done in instead of in peace meal alto together. The problem was though when we had the landscape hardscape guy come over uh who was Dan Holmes from Yarmouth he said this wall is crumbling
and it really needs to be replaced. He goes I don't think it can be repaired. Um Vatitali was hesitant to do that. Well now that you're adding weight to the building uh it's going to put more pressure on that ground. I took a few pictures. I came down uh this afternoon.
The wall is crumbling already. I'm very concerned that it's going to crumble and m much to the detriment of both properties. The second concern is a little less uh concerning as long as there's no side windows, although I didn't know till today it was being
raised because we do have a uh outdoor shower with the privacy a little bit of privacy grading on there. But if they raise it too much, that may become an issue, too. >> [clears throat] >> Okay. Anything else?
>> That's about it. >> Okay. Thank you. >> Thank you. >> Um I will go to the petition as representative. I see on the site plan um that there is a concrete wall
8 in wide that runs the uh depth of the property from CV. >> It's8 [clears throat] ft wide I think. Sean, >> is that what it says? Point8. I'm okay. It does say 8 ft wide. Okay. [clears throat]
>> Um I'll ask the petitioner. Is there any uh plans to address that if it's crumbling or could you just talk about that a little bit? >> Yeah, [clears throat] I can I can
address it a little bit. Um I I mean obviously uh although I'm representing Italia, I'm not able to compromise on rebuilding the 133 feet long wall. Uh I did study your your letter this afternoon and I appreciate the the thoroughess of it. Uh the original
project wasn't actually going to change the site at all. That wasn't our intention. We're just going to go and just build a doma. Uh but since the foundation is failing, the foundation will need to be repaired. On your side, there has in the side facing your house,
there has been already a repair done in 2006 because that wall actually failed that foundation. So that uh that was a repair that was done. Then uh the bottom of the basement of the existing house is below the bottom of the retaining wall
that is crumbling. So because of just simple physics, the amount of load that is carried and that is going to move the earth it shouldn't move it outwards because it will be below the level of the base of that wall. If the house
would be sitting on top of the surface, then it will be potentially pushing the the earth outwards. But because of the bottom of the foundation is below, it wouldn't push it outwards. I will believe that uh if [clears throat] we we still don't know if this project
is going to move forward because of the immense cost of replacing the entire foundation and raising it. uh but I believe that some uh some conditions can be proposed as either a sil fence or some sort of retaining or if there is any damage in the portion that like that
is right next to the house he will more more importantly like he should replace it if it's if it's failing but also I believe the wall is actually on your side of a property if I'm correct >> for what I saw in the side >> it is right on the line Mr. Gross built
it back then there was no real uh adherence to zoning laws etc. and they were very good friends. So it is definitely their property. The the wall was built by their own as was the fence. >> Yeah. >> So yeah,
>> I I I if I could just chime in for a second here because I'm looking at this and I'm not quite sure if that falls under our purview, that particular wall. I will suggest this though. If there's going to be a new foundation
put uh in that house and you're only 6 feet I guess off the lot line on that side. I don't know how that you put that foundation in without disturbing that whole area around there. They're not going to be you're not going to get machinery [snorts] in around there.
You're not going to be a form guys are going to have a hard time pouring it and everything. I I just think as a practical matter that that wall is going to have to be addressed at some point during construction. So again, I don't think I think we
generally deal with the structure itself. I understand the concerns of the neighbor, but I do think that if they go forward with this petition or with this uh project, um that that area is going to have to be
disturbed. And at that point, I believe it's going to have to be addressed. So I would suggest to the petitioner that when they're going to dig that foundation hole that it is going to affect that wall and so I do think there should be some consideration given to
that. >> I mean if if I may speak I will agree 100% that I think there is no way you can build a full wall foundation [clears throat] without affecting at least a portion of your wall because the wall is actually it's just so close to it. >> It's not our wall. Oh well of the wall.
Yes. Like >> regardless of ownership. Uh so the portion that is >> again adjacent to the residency will have to be dealt at that exact time. >> Uh if if the new foundation is poor that's and that's a big if. So
>> I mean I just think as a practical matter it's going to have to be like I said I I'm I I don't think that's within our purview that retaining wall there. that's more of a a if it were it would really fall into a landscape issue with retaining walls
more than a uh a building code issue. So I but I again not to repeat myself but I I think if you're going to put a new foundation in there you're going to have no choice but to address it. Whether you can address a portion of it or not, I'll leave that up
to you and then I hope that you and your neighbor can work out work that out. Um, in terms of the outside shower, uh, looking down onto your property, uh, that's a little tougher on that. You know, we got a small lot here. What
they're proposing is really, you know, I think reasonable. It's tough with these small lots. They're all small down there in the Bass River area. So, I I [clears throat] I don't I I don't know that uh it's unreasonable for
him to request what he is requesting now. [clears throat] Um but is there anything else that you'd like to add before we close the uh hearing? Is there anyone else that wishes to speak in favor of this petition?
>> Um Mr. Mr. Chairman, we also did receive a letter of support from John and Carolyn Fox today. >> Oh, okay. Hold on here because I do think I have that one. >> Okay. >> Yes. Um, it's dated January 8, 2026 to
the Yamazoning Board of Yamoth Board of Appeals. Dear Yamoth Zoning Yarmouth Board of Appeals, my [clears throat] name is John Fox and my wife Carolyn Fox and I own the property at 181 CBF. I am writing to you to express our support for petition 5209
that you will be reviewing on January 8th that our neighbors Vitali Bugaka Bulakov and Marina Bulakova of 177 CU have submitted for special
permit/variance to increase the height of their home. Italy and Marina have been great neighbors and have constantly upgraded their property and consequently consequentially enhanced the value of the surrounding properties and neighborhood. We feel
this plan will be a significant improvement to their property as well as providing a great enhancement to the neighborhood. Please approve their petition and let us know if there's any additional feedback that will be useful to you in consideration of this project.
Thank you sincerely, John and Carolyn Fox. Do we have anything else? So, >> uh, no other correspondents, Mr. Chairman. >> Does anyone in the audience wish to speak in opposition to this petition?
We have anyone. Is anybody have their hand raised? >> No, Mr. Chairman. >> Okay. All right. Um All right. Is is there anything else that the petitioner wishes to uh add at this point?
>> No. >> No. Okay. Then we will close the uh we'll close the petition to the public and open up board discussion. Is anybody prepared to begin a discussion or to make a motion?
>> I'll make a motion to approve the petition as requested. No conditions. Okay, we have a motion made by Mr. Manton. Is someone prepared to second that motion? >> Second.
>> Have a second. Is that you, Mr. Martin? >> Yes, it was Mr. >> Okay, we have a motion made. Seconded. Any discussion on the motion? >> Um, go ahead. >> Yeah. Uh, Mr. Chairman, I'd like to go
back to the uh retaining wall issue. Um I you know I I guess my concern is I don't have a lot of information on on that. Uh whatever was uh provided I I
don't have in my packet. I haven't seen it uh in terms of pictures or other information that the uh commenter had. >> You have a copy of the copy of the site plan in your packet? >> I do have that. It's identified >> what what the Abutter mentioned I
forget. I'm sorry. Okay. Go ahead. Collect his name. What the Abuter was mentioning was that the wall was crumbling. He had submitted information to the zoning board and I'm not sure if I have that. Uh >> you should have it in your email, Mr. Scan. >> Yeah, it was emailed.
>> Okay. All right. So, um, if you just give me a minute to look through my email and take a look at that. >> Okay. because you know I guess my question is is like you know in the previous uh
petition uh by United Gas by the Basile brothers you know they have the uh talking about the shrubbery in the border area and you know that that was uh appropriate. So, I I'm I'm uh I guess I'm wondering what the difference is
between that being a legitimate area for the zoning board to uh look into and uh the the retaining wall not being an appropriate uh matter to look at. >> Okay. The first petition or the last
petition fell in the B1 and B2 zoning district. >> Yeah. under the bylaw when they do certain upgrades they're required to have certain buffers >> between the properties and uh in some
cases they're required to have plantings in certain areas and so many trees and things to that nature. >> Yeah. >> In the residential district that doesn't apply here. >> Yeah. Okay. that they wouldn't be required to do that in terms of the uh
retaining wall. Um that's really not in our purview. That's on a boundary that that could almost be considered something like a fence. >> Yeah. >> I I as I said before, I don't think there's going to be any way around not addressing it if they want to put a new
competition in because they're almost right up against the >> the lot line right now. So I I just don't see a machine operating around it without harming it or did to the extent that it's going to have to be uh repaired or replaced. >> Yes.
>> Yeah. >> And I understand that and I agree. So uh so uh thank you for uh uh outlining that distinction. Um yeah, so I did find the email here. I'm
just reviewing it now. just get you can continue the discussion. I just want to take a look at this. >> Go ahead. Well, we have a motion on the floor right now. So, when when you're ready? Well, I I guess I would uh uh like to amend it that the uh the owners
nonetheless it's not required, but as you say, as a practical matter, they're going to have to address that retaining wall. Uh make that a condition for approving the petition. >> Well, um right now there's a motion on
the floor and it's been seconded. >> Yeah. to approve the special permit without conditions. >> So that that's what's before the board right now. So >> if you want to make another motion after we make this one, if this one doesn't pass,
um you're free to make a motion to include a condition. >> All right. >> Okay. So does anybody have any further discussion? only that I believe that they have met the criteria of the bylaw. I don't think
the addition is going to be substantially more non-conforming uh which is the standard for relief here. I think it's something that we approve on a regular basis. They're staying within the footprint and just going up a
modest amount on that second floor. Uh they're nowhere near the maximum height that they could be. And as we're all aware, down in that area south of 28 between well Parkers River and at least
out to Wolfen Road, um you know, those lots are all small. A lot of them are mostly 5,000 to 7500 square foot lots. So, it's very difficult when owners want to come in and do something with their property. And so, uh there
everybody's going to need relief from this board. So, I think what we try to do as a board is look for those reasonable requests and I think this one falls into it. Having said that, if there's nothing further, um, we're going
to go to a roll call vote. >> Mr. Martin, how do you vote? >> I, >> Mr. Manton, >> I. >> Miss Murphy, >> I. >> Mr. Scandlin. Well, I will vote nay since it is being made without
condition. >> Okay. And I'm an I. Uh that passes four in favor, one against. Um we have another form of relief that's requested, which is a variance. Um I will ask the
petitioner, you don't need that relief right now because you've just uh you just qualified your special permit by way of the vote. Uh would you request that we with allow you to withdraw that form of relief without prejudice?
>> Yes, please. >> Okay. Anybody prepared to make a motion to allow the petitioner to withdraw the request for variance without prejudice? >> So moved. >> Second. >> We have a second. >> Yep.
>> Okay. Any discussion? Hearing none. Mr. Martin. >> Hi. Mr. Manon. >> Hi, >> Miss Murphy. >> Hi, >> Mr. Scandlin. >> Hi. >> And I'm an I as well. So, the uh request
for variance is withdrawn without prejudice. Um are there any other motions before the board? Hearing none. Okay. Um that passes. Uh four in favor,
one opposed. You meet the uh necessary votes to grant a special permit. As you may have heard before, once the uh decision is drafted and filed with the town clerk, 20 days must elapse. After that date is gone by, Dolores will
contact you, our administrative assistant, and uh you can come down and pick up your special permit. We need you to take it to the registry of deeds and record it and return a copy for our records. Do you have any questions, sir?
>> No. Thank you. >> Okay. Thank you very much. Wish you the best. >> Thank you. >> Okay. I think we have that's all we have tonight, but we do have some minutes. Is that correct, Dolores? >> Yes, Mr. Chairman. >> We have the minutes of December 11th,
2025. Is anybody prepared to make a motion to approve the minutes? >> So moved. >> Second. >> We have a second. >> It was Mr. Manon seconded, sir. >> Oh, okay. I didn't hear. >> Yeah, there's some noise in the room.
>> All right. Any discussion? Hearing none. All those in favor approving the minutes of 2020 December 11th, 2025, please signify by saying I. >> I. I. >> I. Any opposed? Hearing none. That passes unanimously. Dolores, do we have any other business?
>> Uh, no, Mr. Chairman. >> Okay. Do we have a uh motion to adjurnn? >> Motion. >> So moved. [laughter] >> Second. Somebody going to second that. >> Seconded. >> Okay. All those in favor? >> I.
>> Any opposed? Hearing none. All right. Well, thank you very much everybody and everybody have a good