Good evening everyone. As posted in the agenda, it's anticipated we will go into executive session pursuant to chapter 38 section 21A3 to discuss litigation relating to petition
5024 184 South Unit 1 West Jarmath Mass. The board will return to open session upon conclusion of the executive session. This board can move to enter into executive executive session if it's determined by the chair that meeting in open session could have a detrimental
effect on the position of this board. The chair so declares that would have a detrimental effect if the session were conducted in public. Do I have a motion to go into executive session as recited? So moved. Do I have a second? Second.
Okay, we're going to take a roll call vote. Barbara here. John, that's an A or an A? Yeah. I What's that? I Dick I. And I'm an I. So that's
unanimous. Okay. We're in executive session. Recording in progress. Good evening. We have now returned to open session. My name is Sean Iiggo. I'm the chairman of the Yama Zoning Board of Appeals. We will now convene the May
8th, 2025 meeting of the Yama Zoning Board of Appeals. This is a hybrid meeting and is being recorded. We will begin by taking a roll call for quorum. Barbara,
I present. Present. President John here. Dick present and I'm present as well. Uh Mr. Chairman, I think uh Mr. Fraper is on. Mr. Freyri, are you with us? I think he needs to be promoted to a panelist. Just give him a moment.
There he is. JF Mr. Fre? I am here. Yes. Good evening, Jay. Okay, so we have uh Mr. Freyri is uh remote and I have a present from him as well. So we have a quorum. Okay, I'll now call the meeting
to order. The first matter on our agenda is petition 5175. Mary Jane Zimmer, trustee of the Mary Jane Zimmer Living Trust. Property location is one Wildflower Lane,
Yarmouthport, Mass. It's in an R4 zoning district. The applicant seeks to amend the original variance number 1321 uh 51575 andor a variance from
203.5 for setback relief to construct a 16x6 deck. Okay. Good evening. Do we have the petitioner present? Uh the petitioner, I believe the property owner is on Zoom and I think the
technician and we'll work to invite her in as a panelist. Okay. Hello. Hi. Can you hear us? I can. Okay. Could you identify yourself for the record, please? Is your microphone on? Little red
button. I think it is now. Can you hear me? Yeah. Do you have a video? I do. I can see you. Oh, a video of me there. Oh, can you see me? We can. Good evening. I'm a real person.
Okay. And are you Mary Jane? I am. Okay. All right. Mary Jane says here uh you're looking to construct a 16x6 deck on the back of your house. That is correct. Okay. And you provided us with a site
plan here uh that was done by Dan Oula. Yes. Down cape. And that's got a stamp on it of February 20 5th, 2025. And it shows where your
proposed deck is going to be. Okay. All right. Seems pretty straightforward. What do you have there now? Is there a patio or something? Yes. You I think there's a picture. Oh, yeah. I see it. Yeah. Okay. Okay. All
[Applause] right. Um, well, it seems like a pretty straightforward request. Is there anything else you'd like to add other than what I just said? No. I I'll thank Dolores for helping me provide all the documents that you needed. Okay. Well,
she's great. I don't know what we'd do without her. I agree. Okay. Um, you know, was Todd Canara supposed to be here? I don't know. Do we have a builder also? Was he going to come? Todd Canantara,
but he is not here this evening. His wife is away and he's taking care of the kids. So, I told him I would pinch hit for him. Okay. All right, that's fine. Um, I tell you what, we're gonna go to the board for questions. Barbara, do you have any qu questions for the
petitioner? Um, are you going to put a railing around this? Yes. Okay. And Todd Canter is going to do the work. Yes. Um, no, I'm familiar with Todd Canara's work, so I'm sure he'll do a great job.
Um, yeah, I don't have any other questions. Okay, John, do you have any questions? Just one. What's the size of the patio you have right now? 12 by 12. 12 x 12. Okay. No, I don't have any other questions. This is about as basic as it gets. So, Okay. Thank you. All
right, Dick. Uh, no, this relief has been given before in a number of cases. I take it you have an okay from the uh uh association. Yes, from Kingsway. And that documentation is in your package. Okay.
That was there. Okay. All right. No, I uh don't have any other questions. And I don't have any questions either. Um this is a request to either amend the original variance or for a new variance. And I think it needs to be a new
variance. Generally, you can't amend a variance. You need a new variance if you're going to create one. Um it's not the same as an alter extend for special permit. Um, so I think it would be a new variance. Um, looking at this, I do
think the petitioner has met the criteria for a variance. I think a lit literal enforcement of this bylaw would create a hardship. I think it is owing to circumstances regarding the shape of the property. And I don't think it's going
to degradate from degradate from the purpose or intent of the bylaw uh by allowing it. So, I do think you meet the criteria. Uh, is there anything else you'd like to add? No. Okay. Well, then I don't see anybody
here to speak either in opposition or against, and we don't have anyone on uh Zoom. Uh, no, sir, Mr. Chairman. Okay. Uh, so what we're going to do now is close it to public hearing and we're going to uh discuss amongst the board.
Uh is anybody wish to have any further discussion or is anybody prepared to make a motion? I I'll move to uh grant a variance from 23.5 for setback relief to construct the 16x 16t deck uh at one wildflower lane.
This is petition number 5175. Okay. Do we have a second to that? Second. Okay. Okay, we got two seconds. Go ahead. It doesn't have to be me. Yeah, you never have enough seconds. Okay. Um, any further discussion before
we take a vote hearing? None. We're going to take a roll call vote. Jay I. Barbara I. John I. Dick I. And I'm an I. That passes unanimously. Um, we're going to draft a decision. As
soon as the decision is drafted, it will be filed with the town clerk. 20 days must elapse. That's a technical appeal period. I don't think anybody's going to appeal it, but you got to wait. Uh, once that's ready, Dolores will contact you
and let you know that your special permit's ready to go. If you got to come over here, get it, take it over to the registry of deeds, and record it. And then if you would bring a copy back to us for our records. Do you have any questions?
Record and bring it back to Dolores. Just a copy of it. Yeah. Bring copy. Yeah. But you want to make sure that you record the decision. Okay. Because that's for subsequent purchases as well. And Dolores will let me know when the 20
days is over. And I can That's right. As soon as it's filed with the town clerk. Now, I'm not sure that could take a few days in and of itself, but we'll get it done pretty quick and get that. I appreciate it. Thank you all for your help with this. That's okay. Best of luck. Yeah. Thank you. All right. Good
night now. Bye now. Okay. Now, we have some other business. All right. Three set three sets of minutes. Sean, um, we are going to get to the minutes in just a moment. We have one matter.
Um, John, would you like to handle this one right here? Sure. I move to delegate the response to this complaint to town council. Okay. What we have is, let me set that up a little bit here. Uh, we have a complaint, an open
meeting law complaint by Patrick Higgins for the March 13, 2025 minutes that we approved. So, why don't you say that one more time if you can, John? Sure. I move to delegate the response to this complaint to town council. Do I have a
second? Second. Okay, we're going to take a roll call. Jay, I. Barbara, I. John, hi. Dick. I. And I'm an I. That passes unanimously. Okay. Now we have minutes.
Yep. I think Jay, did you want to take that one? I know you like to do minutes. Well, you one at a time or would you like to do all three at the same time? All three if you please. Okay. I'd like to uh Can we do that? Make a motion. I don't know. Can we? I I think we're
supposed to actually take them separately in case. Okay. So, I'll start with I'll make a motion to approve the minutes from March 27th. Okay. Do we have a second? Second. Okay.
Jay, how do you vote? I I Barbara I. John. I. Dick. I. And I'm an I. That passes unanimously. Do have a motion to approve the April 10th minutes. So moved. Second. Anybody? Second. A second
from Dick. Okay. Any discussion hearing? None. All those in favor? Jay, how do you vote? I. Barbara, I. John, I. Dick. I. And I'm an I. That passes unanimous. Need a motion for the April 24th, 2025
minutes. So moved. Have a second. Second. Okay. Any discussion? Hearing none. All those in favor? Jay. I. Barbara. I. John. I. Dick. I. and I'm an I. So those pass unanimously as well. Does that uh
conclude our business to Lord? Uh yes sir, Mr. Chairman. Okay. Do we have a motion to adjourn? So moved. Seconded. Someone second. Second. All those in favor take a roll call for that. Okay. I I Dick I.
Barbara I. Jay I. John. Hi. And I'm an I. Okay. I just want to see if everybody's with us.