get you on TV okay is it just him no okay good evening welcome to the regularly scheduled meeting of the yarma zoning boards of appeals today's date is April 11th 20124 my name is Shan AO I'm the vice chairman we have five matters on our petition to on our on our agenda tonight uh the first one is petition 5091 johathan W Herbert property location six well Fleet AV West Jou Mass the applicant seeks a special permit for temporary move the to temporarily move the historic section demolish a the non-historic section install a new foundation and build a new structure retaining the historic section the applicant request a waiver from the requirement for a certified site plot plan less than 2 years old however he has sent a request to withdraw his petition I have a letter here dated March 29th says to the zoning board of appeals I am requesting to withdraw the application for V for zoning relief without prejudice for the property located at six W Fleet AV West Yarmouth Yarmouth Campground thank you for your time and consideration in this matter sincerely Jonathan her Hebert any discussion we don't know whether he's canceled the project or just can't get his act together to I don't know what but I think at this time excuse me Mr chair I mean what the issue is is he because of monetary considerations they need to redesign the project okay I would move that we allow him to withdraw without prejudice okay we have a second on that second on second any discussion hearing none all those signify by saying I I any opposed hearing none that carries unanimously that matter is withdrawn we're going to go out of order just a little bit here take our good friends from the town of Yarmouth and the next petition is 5089 the town of Yarmouth the property location is 170 Southshore Drive South Yarmouth Mass it's in an r25 zoning District the applicant seeks a special permit per 202.5 uh p 10 use in an r25 zoning District the applicant requests a waiver from the requirement for a certified plot plan less than 2 years old good evening good evening Mr chair uh Mike Judy from CDM Smith representing the town of okay Yarmouth um as you indicated town is Seeking a special permit to allow uh municipal use in by means of a Wastewater pumping station at 170 Southshore Drive uh which is in an r25 Zone um as you indicated uh we had originally requested a waiver uh from a certified site plan um there were three main issues that were brought up at the original hearing back on February 22nd the first of which was a certified site plan we've since had one prepared and submitted and um hope and assume that it that it meets your meets your requirements okay I don't know if you want to take these each one at a time or you want me to walk through well why don't we take a look at the certified plot plan here because I know that uh some of the board members and specifically Mr NS wanted to have some distances well I don't think going to get a building permit from The Building Commissioner unless they had a certified I I agree with you on that so okay all right so we have a plan here um for the pumping station number five that's dated March 28th 2024 um and this purports to show pumping station is 73.4 off Southshore Drive 127.5 off Pine Grove Road and wow quite a distance 262.50 off of uh 18 Oak Grove Road so it looks like you meet those setbacks okay and 5 55.9 buting the uh mot Wind Jammer I guess their H Horizon engagement the old Wind Jammer property there yeah for those of you who are familiar with the Wind Jammer Motel um okay so uh does anybody have any questions on the board regarding that no okay now the second issue was plantings I believe okay yes sir um some board members expressed some concerns about the proposed plantings and uh admittedly the plan that we had provided didn't really do a good job of allowing you to see what was actually proposed so what we submitted this time was a colored version of the site plan uh with a you know colorcoded to a table on the left side of the plan that indicates the species uh that are being proposed uh the the particular species that we're looking to uh install at the site uh there are five eastern red Cedars um all located along the side property line on the east side of the property eight red sunset Maples three service berries 17 Beach plums and three little blue stems uh We've also provided um what our Landscape Architects call a plant board uh which uh shows some pictures of each of the individual species that are proposed so you get a sense of you know the sizes of them has some Dimensions at at growth full grow up um as well as um what they actually look like um these are all Native to Cape Cod which was a requirement of the Conservation Commission in terms of the plantings so okay we're hoping that um this provides a little more clarity on the on the scope and and locations of the plantings that are proposed at the site okay okay um Beacher Barb do you have any questions regarding the plantings NOP I don't how about you John no great thank you Jay questions no I think it looks very nice how about you dick I really don't have any concerns I just there is a paved driveway coming in office sou sure that's correct just to allow the DPW to they'll be accessing the site on a daily basis just to check and make sure it's functioning properly okay and uh this will have fencing around it I take it we're not proposing fencing our experience has been that sort of draws more attention to it if the town decides that they wanted to put fencing for security or screening or otherwise obviously they're secure building with a good lock door on it it's a secure building that we think Blends in better as I said it's designed to look like a shed so that um won't sort of hopefully stand out too much okay great great and I think the last thing was the um issues regarding any odors um just asked you to supply some documentation as to how that was going to be addressed and they this is compost ack I think that's just what they that's just some plantings that compost you just put that around the that's required from the Conservation Commission that's a used to be hay bills they don't really use hay bills anymore they things yeah you'll see them all over the summer blue corrector that is temporary it's temporary during construction just to maintain so that you don't get any uh runoff off off so I wasn't sure what it was it it needs to be shown so that the contractor knows and it's and it is out there it's it's been installed um so regarding oders um again some members and uh I believe one of the residents expressed concerns about potential ERS as I indicated previously our experience has been with these types of pumping stations that serve domestic properties what is typically on an issue um the second plan we provided is sheet M3 that shows what I had described last time that um there's a there are two rooms that make up the uh Control building the first room shown on the right is the generator room that has obviously the emergency generator and all the electrical equipment and on the left side of the building you can see there's a space uh allotted for Oda control and the intent was that again based on our experience and others um in the in the industry um that OAS typically wouldn't be an issue but in case they did become one we provided room to include an active Oda control system so that's what's shown on that drawing uh in case that that would be needed the town would have the ability to add an active aut control system what we've Pro what we've proposed in the interm is what we'll call a passive system so basically on the vent stack so the the wet well which is where the Wastewater gets collected before it gets pumped out there are submersible pumps that sit in the Wastewater that that pump out um up to a gravity sewer um there's a vent that comes off of that so any o potential odorous air would be in that wet well so that's what's coming through the vent that we showing we're showing coming through the Control building what we're proposing is just a a passive system which you've seen around town I'm sure that people have on septic system vents it's just a little carbon filter canister they come in different shapes and sizes some of them look like little mushrooms um and that all that is is a canister that has carbon in it which is essentially what we would be putting in in the future with an active system which would be much larger and more costly um we think this would be a reasonable interterm solution if it turns out that it doesn't solve the issue then the town has the ability to put in a more robust system in the future if it comes to that that would be our proposal is that vent syst is that vent um powered is it just a natural vent or is not blowing again that's why it would be just active so if the if the system the full-blown system will put in that room that's the component that would be added a fan to draw the air actively from the wet well through what would be a much larger carbon system so this is just a natural Escape of the fumes through the carbon filter yeah to be honest most of the the odors as they're coming down the sewer are going to go out everybody's Stacks so as each property connects to the Sewer along the way um that that sewer connection is connected to everyone's vent stack that you have currently have so as the Wastewater is moving down the sewer any orders are getting dissipated through those vent Stacks along the way anyway it's not a going out the roof though going out the roof going out the roof Stacks so that's why like I said in these situations we typically don't encounter odor issues by the time it gets to the station um just on timing is is that supposed to all be done by by um Memorial Day this year or they will be off the road Memorial Day the work won't be done so the work that you see down there now is just putting the sewer in Southshore Drive there hasn't been any work done on the pumping station that won't happen until so it's that shut down end of this year so between Memorial Day and Labor Day there'll be no work on sore drive or on Route 28 so all right don't go away thank you okay um are they building you building a pumping station up behind the Pancake Man as well that's correct okay I was wondering I figured that had something to do with you guys okay all right um does anyone else have any questions nope all right um is there anything else that you wanted to add not at this time is there anyone in the audience that wishes to come up and speak either in favor or in opposition to this petition please come to the microphone seeing none we have anyone on Zoom Dolores for this petition but I can see no okay all right then uh I think we're going to close it to public input and begin discussion um do we need any discussion is anybody prepared to make a motion I'll make a motion to approve the special permit as requested as requested okay no conditions no condition okay second second deck okay any further discussion hearing none all those in favor please signify by saying I I any opposed hearing none that carries unanimously now a decision will be written uh once it's written then it needs to be clocked with the town clerk 20 days must elapse it's a technical appeal period after that you can come and pick up your special permit from Dolores recorded at the registry of deeds and give us proof back correct all right thank you very much good luck thank Youk you thanks good luck thanks to thank you all right here me a second here the carport all right getting back to the petitions next petition is petition 5085 Robert and Josephine sasco okay property location is 22 Crow Purchase Road in West Yarmouth it's in an r25 zoning District the applicant seeks a special permit for 104.3 point2 sub paragraph 2 Andor a variance from section 203.50 forid setback relief to construct a carport on a pre-existing non-conforming lot good evening good evening how are you tonight good chairman thank you okay uh why don't you tell us a little bit well let me take a look inside here for a second I also have a couple of letters from Neighbors okay all right I think we uh we might have received some correspondence but one let me take a look here for a second all right so uh we have a violation notice from the town that you're aware of correct that's what brings you here tonight that's what brings me here and this is dated August 14 2023 um to the petitioners uh it has come to our attention come to the attention of the building department that is shed and carport has been constructed on this property without the benefit of a required permit this is a violation of section 103.1 point1 of the Town y Arma zoning bylaws um I will cite the uh bylaw 103.1 point1 compliance certification building structures of land may not be created erect excuse me substantially altered or changed in use without certification by the bilding inspector ctor that such action is in compliance with the then applicable zoning or without review by him regarding whether all necessary permits have been received from those governmental agencies from which approvals required by federal state or local law issuance of a building permit a certificate of use and documen where required under the Commonwealth of Massachusetts State Building Code may serve as such certification failure to comply with the town of yarma zoning bylaw is subject to fines and penalties is allowed per section 101.3 101.3 101.3 penalties any person violating any of the provisions of this bylaw shall be fined not more than $300 for each offense each day that such violation continues shall constitute a separate offense um okay so you hereby ordered to Abate or correct said violations or seek relief from the zoning board of appeals as Allowed by mgl chapter 4A section 7 and 15 um so that's what brings you here and this is signed by uh Tim Sears who was the deputy Building Commissioner for the town okay and so um I drove by um familiar I don't know if everybody is but it appears you have a uh well you call it a CW you get a spot for your boat for the boat Yeah well yeah it's both you know okay when the boat's gone it's the that's the Cort okay so um you he seeking a special permit or a variance is that correct that's correct all right that's correct well the shed the shed in question has already been approved and passed through the through the channels they already came and inspected it and they they uh gave it their blessing they inspected it for what um for compliance you know as far as distances and and everything and within the square footage of the uh shed do you have any do you have any documentation from the town regarding what they inspected I have the permit here you have a building permit yeah a a permit shed permit that they signed off on for the car port no no for just the shed per portion of that violation there was two two two um I'll I'll take a look at that real quick okay all right oh shed and cardboard yeah which shed was it you got two on you yeah it it's it's the um One near the carport behind the carport behind the carport so that's the one in the back of the lot yes I had replaced replaced I'm going to let you take this back okay so what we're really here for today is for your carport correct all right okay thank you all right all right so you're seeking relief under Section 104.3 point2 sub paragraph 2 um now or in the alternative you're seeking a variance yes because I mean my options are kind of limited to move it because it's it's big uh yeah well under 10 4.3.2 uh the first words that we look at under number one is lawfully preexisting non-conforming single family or two family structures when you come down except as provided in paragraph one but what we're looking for is lawfully pre-existing non-conforming structures other structures you're not a lawfully pre-existing non-conforming structure you're a new structure yes correct and this is not an extension or all alteration from a legally pre-existing non-conforming structure because it's a standalone building understood yeah so in my opinion I don't think you can get a special permit because you don't qualify into 104.3 point2 so then we turn to a variance now a variance we're going to turn to find here where are we now a variance in order to qualify for a variance you need to meet three requirements the first of which you need to show a hardship Financial or otherwise um I guess the hardship would be that you have to take it down uh unfortunately that's a self-imposed hardship that really doesn't qualify for hardship the second one is the hardship is owing to circumstances related to sh uh soil conditions shape or Topography of such land or structures um which I don't think this applies either and desirable relief may be granted without either sub substantial detriment to the public good or nullifying or substantially derating from the intent or purpose of this bylaw and I don't know that the intented purpose of the bylaw is to allow this so I'm not sure that you I in my opinion I don't think you qualify for a variance either um this is the the direction they they asked me to take I know this is this is really your only remedy what happened is is uh and oh yeah I made a big mistake no no I I agree I'm not uh I'm not without sin I I should have checked before I I did it but at this point um it's pretty much got to you know I don't know well you're 2.8 ft off your lot line um unfortunately you might my opinion you don't qualify for either would would an easement from my neighbor correct that no because he said he he would uh do that if he need need be he actually wrote a letter too yeah um well uh that's my opinion I I'm going to go to the board is does anybody have a uh another opinion other than what I suggested not really no I don't I don't disagree with you at all Sean and and I I think the thing that concerns me is um the length of time from August 14th of last year to today what's been going on okay um it was I had to get the um building surveyed and I could not get a surveyor for a long time and then once it was surveyed I um I had back surgery so here we are now okay yeah because the will you find it all by the by The Building Commissioner no because I kept everybody informed what was going on and and they agreed that you know you know you have to have the the plot plan with the right mentions on it and everything else to come here you do as you saw we kept the town from getting their their approval on their um pumping station because they didn't come to us with a certified plot plan so you do have to have it to come here but I just concerned that you were subject to fines during that period of time so no because of the situ you know because I've brought it to their attention and what and I kept letting them know that you know I haven't got my and as soon as we got it 7 months at $200 $300 a day comes about 600600 $60,000 you realize that normally they'll normally stay that it is an appeal F that's all I have I know I know plot plans are hard to get right now too Engineers are hard to get and they tripled in tripled in price too took us a why course if you'd called them to begin with they would have told you you couldn't build it that close too I learn my lesson I mean I've done other projects that I pull permits and but this one I didn't I C Port I wasn't thinking you need to permit but now I understand you need to permit from pretty much everything even a fence I he now what you might be able to do is to move it into your backyard or sidey yard other side well I have room to to get the six feet to the house you know but it's going to look the same in the same place but it's just going to cost no matter what it it's going to cost thousands and thousands to move it those those peers are eight four and A2 ft down and they're 16 in so those got to come out they got to be cut and then moved and somehow I I don't know if you're going to move those you might just no no those will stay no no those will stay right exactly but those a I don't know if you can take that and shift it right around into your backyard right there go like that can't get there or if you put it over here if you meet your setbacks you might be able to put it over there I don't know well that type of structure is is unmovable it's pretty much has to be taken down and uh so you've done other building before well I was a plumber pipe fitter by trade you needed a building permit before you started this I didn't know on the cport and even in the shed because I was replacing the shed but shame on me I should have checked you know I'm not what we did do is P per it's not like we don't want to pull a permit we had no idea you built this yourself and well not me my sons and and friends and you didn't have a hire a contractor oh no no no are you a licensed contractor At All by any chance um um Carpenter contractor I was years ago but um I gave up all my permits and stuff because I'm disabled now and uh I gave up all my licenses I was a plum a pipe fit by trade well it's tough even if it was attached to the house which would still it's still a problem yeah it's not still too close well unfortunately again I I'm hearing the board and I think that there's a consensus here that you don't meet the criteria for relief tonight so I think your only alternative is to remove that I don't think the building department is going to find you if you do a diligent effort to do it okay um we would take a vote tonight and then it would be a decision would be written once it's written then I would sign it and it would be filed with the town clerk you'd have 20 days to appeal it if you choose to appeal it and you saying it cannot be moved close because there is enough room to move it attach it right to the house well if if you attach it to the house six feet no you need to be 15 feet oh 15 16 for the six for the shed six shed yeah 15 for the for your setback on the side I don't know what it would be but right now you're at 2.8 6 feet would only make it like close to no I could I could get it to like seven seven or so no still not going to do it our problem is aside from the Criterion for the for the variance even if we voted the variance it's it just flies in the face of all the other people before you and after you that'll be looking for the same type of relief that you know sometimes it's done intentionally and we we have to we have to say no consistently to be able to to justify so well um we can either take a vote which I think will deny you but it will certainly give you the right to appeal it if you wish or you can withdraw it but by withdrawing it that doesn't stay you any time so um I think your best bet is probably to have us vote on it appreciate that at least that'll give you some time I I don't think they're going to come running right down there to try to find you but they they would certainly be looking for you to take it down or if you can figure out where to move it on your property maybe you can do that maybe you can take that shed out back there and move it somewhere over the other side and maybe stick your carport out back there and you can back your boat around the side and make a turn 90 Dees and you have it right in your backyard you could probably still Salvage the structure I think you're gonna have to pour new SAA tubes yeah I mean that's yeah I mean you could probably get a a machine over there to pick it up where's your SE put some ropes around it and pick it up and walk it around the back and set it on new stuff where's your septic right now I didn't see on the plot my septic is behind right behind right behind the decks yeah yeah it's right behind the decks you could you could probably put this right on top of the septic I you could talk to Mark you know the building department about it it's not like that wouldn't that wouldn't be an option because I mean you come in you know Park you're not going to be driving anything in the backyard you know what I mean if it was aaz if it was a gazebo or something like that you know then but um as far as that that's the only the only place it could be is pretty much there but how about on the other end of the house how wide is how wide is the uh it's um that 12 14 ft wide 28 ft not wide how wide is the from my property to the the width of the carport it's uh 12 ft I believe Could It Go on the other side of the house it could but that's you know that's I don't know if we have enough room there cuz you need so much you need 15 need 15 ft you still need there's 28 ft now it would come right about if it was right against the house it would come close yeah which would be probably no the dark red rooms then all right is anybody uh is there anybody in the audience that wishes to speak either in favor or in opposition to this petition seeing none I will note for the record that we do have two letters of support from Neighbors from William was waseleski yes and Marin and Steven Lampa your is support uh for the petition uh there's two other letters in here too inside the package now we have two other letters in support uh we'll note those for the record I I think the issue that the board has though is the whether you meet the criteria for Relief and I believe that there's a decision that's been made that you don't so uh having said that uh we're going to close the hearing to public input open it up for board discussion is anybody prepared to make a motion on the request for special permit I'll make a motion uh to accept the special permit as presented approve the special permit as requested no conditions no conditions all those in favor please signify by saying I did you have a second oh do we have a second I'll second second motion made by Jay seconded by dick any discussion on the motion hearing none well the only discussion that I would say is consistent with the discussion that we've been having that the petitioner fails to qualify under the bylaw for for special permit relief um does not meet the criteria it's not a legally pre-existing non-conforming structure and it's not an extension or alteration from what is a legally pre-existing non-conforming structure that's on the property it's separate and stand alone therefore he doesn't qualify under 104.3 point2 any further discussion hearing none all those in favor please signify by saying I hearing none any opposed Nay Nay Nay the Nays have it five to zero regarding the request for variance so I have a motion to regarding the variance um PL motion motion to approve the variance motion to approve the variance second second by John any discussion on the variance only discussion that I would say is the petition of fails to meet the three criteria next necessary establishing a hardship those owing to circumstances related to soil condition shape and topography of the lot and that by granting the relief it would certainly dagate from the purpose and intent of the Yarmouth zoning bylaw any further discussion hearing none all those in favor please signify by saying I all those opposed n nay that carries five Z in favor five against now what happens now is there will will be a decision written once it's written I will sign it then it will be clocked with the town clerk you will have 20 days to appeal okay if you want to appeal our decision the court uh you can appeal it to the superior court or you could appeal it to the land Court um I don't know when it's going to be written and I don't know when it's going to be signed I can't give you a specific date because I'm kind of busy and backed up with some decisions right now so uh Dolores will let you know when when that's signed and that'll be the appeals uh period until such time the town will not uh find you at all okay all right do you have any further questions um as far as the appeal I mean as far as appealing that means goes the court you would have to file a an appeal with either the bable superior court or the uh Massachusetts land Court yeah I don't know if that's going you know have to if it's worth it I mean like I I thought this was worth it doing all you know the the surveys and everything all that expensive I I I think you know I understand the uh I guess the moral of the story is is see the building department before you start building thank you folks thank you that's tough all right our next petition is petition number 5079 this is a continued petition from January 25th 2024 Matthew white doing business as holiday LLC property located at 35 and 41 Industrial Park Road West garmouth Mass it's in the B3 and APD District the applicant seeks a special permit per 202.5 for B3 use to allow boarding for up to 40 dogs good evening gentlemen hey how are you could you identify yourselves for the record Place Matthew white owner operator of how Okay uh Le sturis owner of the property okay all right uh we were here last on the 25th I think we asked you to come back and report to us regarding um the dog waste yes and what do you have to tell us um I guess you required that we come up with a list of what we do with the waist and then have an engineer look at the outdoor area uh to signify that it was impervious to uh urine seeping through and did you get any inspections by anybody from the town we didn't get any inspections by the town no okay no okay did you submitted it all to the health to the water department did you submit something to we submitted everything to the town yes yeah okay all right well I have uh two memos that I'm going to read into the record that will probably address what we're talking about here uh the first one is a memo from Lori rosala of the water and wastewater she's the water and wastewater superintendent letter date of January 19th 2024 regarding subject property 35 and 41 Industrial Park Drive uh zba application on behalf of the Yarmouth water department I would like to request additional information related to the proposed expansion of dog boarding kennels at holiday LLC located at 35 and 41 Industrial Park Drive in West Yarmouth the property is located within the groundwater Protection District due to many drinking water wells located along Higgin scroll Road one well is less than 650 ft from 35 and 41 Industrial Park Drive therefore handling of animal waste on the site is a water quality concern I'm not familiar with holiday's current practice for animal waste or if the additional kennels would impact their current practices I respectfully request that the Zoning Board of appeal appeals obtained holidays animal waste handling plan for current and proposed kennels for water department review prior to approval of their zoning relief request now I have another one this one's dated February 28 2024 from uh the Water and Wastewater superintendent and she says the armouth water department is in receipt of the holiday in animal waste disposal PL attached which I believe all of us have that attached to this memo based on the plan provided it appears that animal waste will be disposed of properly for protection of the drinking water supply we respectfully requested zoning relief is provided that the proponent be required to continue to follow the W this waste disposal plan any changes to the plan should be reviewed by the water department and any other applicable Town Department prior to implementation thank you for the opportunity to provide input on this matter okay so it looks like you have a uh waste disposal plan that's attached to this okay all right um does anybody have any questions of the petitioner dick do you have any questions no I don't I and I I think I I've got a good Comfort level with the fact that the the person that's in charge of water and wastewater uh in in the town has reviewed the the um the plan which is probably better than any of us could review and since they're willing to um approve the plan as Pres presented I don't have any problem granting the the uh petitioner uh the special permit but I think we we need to be thinking down the road and whether that permit would be extended to a a subsequent owner of the property so either we limit it to this person or have the permit expire upon this person selling the property or whatever however you think might be I think that's probably within the realm of our Authority but I I'd worry you know 20 years down the road when Mr White is ready to retire and he sells it to somebody that doesn't give a hoot about taking care of these things and it's very very important to the town because of the number of Wells that are around that property I think what we could probably do is require the new owner to come back in for review and the water Wastewater uh Department have them go over and do an inspection and review their waste uh plan yeah I I I just I just want the permit to stop when Mr White stops owning I mean I I wasn't present at the first hearing but I watched it all on tape and then I read all the minutes and I uh I think he's very sincere about his willingness to do you want water but I'm not sure who he sells it to do do do you want the special permit as far as boarding the dogs to expire or do we want to put a requirement that any new owner come in for a new special permit and a I think it's just as important for the for the day dogs because they're all outside and not inside being boarded most of the time they right well I this this this this is for all of the dogs here okay Jay you have any questions um no we asked them to come back for three things and I I I see how the first two are definitely you've touched on those and they I'm very happy with what you provided I'm just wondering could you summarize a little bit for me the third thing we asked was the the engineers inspection report um I read through it a couple times and I apologize gets a little jumbled but um has does that really does that basically say that what you have is efficient at preventing anything or is there something you need to do no I believe it's says that what we have is efficient and meets those requirements as was suggested and what is K9 grass is that just it's atic grass um yeah it's a special artificial turf that's made specifically for dogs so it doesn't rip up when they're running around they can't ingest it okay and underneath that is is that soil compacted crushed stone and things like that yes just as outlined in this and they feel that's adequate to absorb and hold anything that could run off okay that's the third piece that we asked for I just wanted to understand well they also asked for a list of the clean the cleaning products too and and that was supplied that was supplied yeah that's why I said one and two so the third one was that but that's all I had thank you what I what I think we may want to do is um should we Grant the relief we could attach each of these as uh exhibits uh to the decision mhm and that must you understand the the purpose I mean I'm not trying to limit your business to sell it but I absolutely I I I think that's more but I think anybody that owned it absolutely including the the owner of the property needs to know that absolutely there are limitations it's in a sensitive area it it was always interesting that it was a Doggy Daycare I never even you know eight 16 years ago I never thought there was such a thing and then I came for the special permit and it it received the the approval but I would even some of the board members at that time were a little bit uh they were chuckling at the fact that there was Doggy Daycare yeah uh but so it's not now it's accepted practice exactly by a lot of people exactly but I mean you should also know that being in the aqua for protection Protection District severely limits any future tenants because we've turned down people that were going to wash and wax cars in the APD absolutely it scares the believe me I know where the building is I'm I'm a spur in the middle of the Town owned wellfield I understand it you know what I am conscientious and aware of everything that's going on anytime anywhere in the building and there's no you know what I I we all drink the water exactly exactly okay2 24 can we limit the permit to the to the petitioner um yes I I I think what we should say in our in our decision though is that um it's not that a future board would deny the special permit we just need for the new owner to come back right and seek a new special permit to operate exact so if you wanted to sell it and someone said well this is going to expire I think we should be clear in our decision that we would certainly uh allow this to continue provided that that new owner um subscribes to these adequate safeguards and that future board May request a soil sample I mean that that would be for a future board their requirements were more um we don't know the length of time that K9 grass lasts so hope in a long time St cleaning products so what I was thinking is uh so on a motion the motion would be to limit the special permit to this petitioner um however we should put in the decision that a future purchaser needs to come in and apply for a new special permit uh and they be subject to review of the same criteria and maybe even more depending upon what the health department would say by us in the in the water department waste water and water department absolutely um and I think what we should do is attach and adopt the February 28th 2024 Memo from Department lii uh R rala I hope I didn't pronounce your name incorrectly and that's the water and Wastewater superintendent I'd like to attach hers as an exhibit I also would like to attach the technical memorandum um from Eric carplus science wears Inc um which describes the engineering for the dog area outside and also the list of cleaning products that are used U for his business here and that was were approved by the by the water department and that were approved so we'll attach those so moved okay do we have a second uh Dolores did you get all that okay okay I wrote I jotted it down a little bit but second have a second okay any discussion on the motion I do think the petitioner has demonstrated that they meet the criteria for special permit uh I also think that there is a a big demand for his business a lot of people you know they have their pets their dogs they need to scope in places during the day or they want to go on vacation they need a place to bring them and they certainly want to bring a place that uh is safe and they have confidence in and you've been there for quite a long time and I have a feeling you're doing a pretty good job so we're very happy to have you thank you all right any further discussion nope hearing none all those in favor please signify by saying I I I any opposed hearing none that passes unanimously is there any other form of relief on this one variance is there variance relief on this uh no actually not just special permit okay so you don't have to withdraw that one all right as you may have heard before there's a once the decision is written then I will sign it it'll be clocked with the town clerk 20 days must elapse that's a technical appeal period after that date you can see Dolores she'll give you a special permit you need to take it over to the registry of deeds and record it and bring a copy back for our file okay okay all right thank you very much gentlemen than very much good luck thank you okay minutes you want to get out of here before seven thr that one quick okay are we ready for the next one do we have uh I I Believe Miss fagel is on I think yes yes hello I'm I'm here okay hold on one second second I'm going to have to announce you all right of course and turn your volume down turn your volume down a little bit well I think we have to turn it volume I don't know I don't know don't we control people's volumes we don't know all right thank you take care have a good night now all right the next petition is petition 5099 that's Julia fagel property location is 137 run Pond Road in South Yarmouth it's in an r25 zoning District in the the applicant seeks a special permit for 407 to create a 700 ft accessory apartment good evening good evening okay can you identify yourself for the record please yes I'm Julia fagel okay can you hear me okay oh we can oh we can hear you okay okay yeah all right so um do you have a volume control you could try to turn down a little bit I think I can let me try um okay is that better no it's not better I think that's on ourin can you ask him actually I I can hardly hear you now okay turn turn yours up we're going to try to adjust ours could you just somebody asked him to knock on that see if we can control the bo all right um contr can we just turn her down just a little bit and could you try to talk again please how now hold on try again please is that is that better or still that's much better that's much better that's perfect you were blowing our eard drums out wasn't your fault it was on our end okay okay all right well we have a uh request for an accessory apartment and this is actually a uh a petition of first impression because as far as I know this is the first one that has appeared before us under the new bylaw right all right so uh for the board members uh that would be section 407 and the criteria will be under Section 47-3 and actually D4 so sections 47-3 and 4 for um okay ma'am go ahead and tell us a little bit about what you want to do over here um so we are um we have purchased the property for a demolition um back last August and we are building a home a family home on 137 run pant we have current we currently have a a smaller home on 42 B Green Lane South Yas um so we have been in the neighborhood for quite some time and uh building a bigger home um our two daughters are older we are hopeful that they will have and eventually it will be a a family home that's the goal okay okay all right um dick do you have any questions practitioner go ahead um will this be your yearr round residence next now um so not right away but uh I would say in about a year yes it will be our major residence unfortunately the bylaw is restrictive and that it' be for the yearr round occupancy of the owner and yes and the the tenant yes so we are not renting the uh addition this is a family home for for us but the bylaw requires that the principal occupant also be a yearr round resident so my daughter who um is who actually lives right now on cap card and works in hyanis as a n practitioner so is she the owner of the property or she going to be the tenant um I yes that I'm not sure how that would be considered but well we have to know we have to know that the owner of the property is occupying the property yes before we can approve the accessory apartment okay I'm trying to understand how section 11 needs to be approved uh this is new okay so section 11 of 407 subparagraph 4 says the owners of the principal structure shall occupy as their primary res residents either the principal dwelling or the accessory apartment you could live in this the smaller apartment if you want to that would become the principal residence though and the other one would be the accessory I think that's how the old one used to be well will be designed as the accessory apartment if the owner intends to occupy the accessory apartment rather than the principal structure the principal structure will then be designated as the accessory apartment so that's reads like the old bylaw but it does say that it must be owner occupied as the principal as the primary residence so and the accessory apartment to in the next section section 12 yes for year round use by tenants well it needs to be year round use yes yeah it can't be if you decided to rent it now you could rent it if it was your primary residence but if you did want to rent it you'd have to lease it on a 12month basis so there's no seasonal or short-term rentals but right now um I I think the when were you planning on making this your primary residence when so the house should be finished by uh towards the end of the year okay that's that's when I will transition I that's going to become my primary residence and my daughter will reside in that house as well because she works full-time um in henis okay that's what she's saying basically um well there is no plan to rent it or release it to anyone that was never plan well well you you you technically could still do that as long as this is your primary residence see that's the it has to be before I'm willing to sign off on an accessory apartment until we know that she's living there year round so I I I think you might have to come back and see us I I think what you should do is build your house okay build this addition because you can do it okay um and once it's done and once you have established it as your primary residence then come on back and see us otherwise I I I've looked at everything here and it appears that you qualified so I I don't see that we would say no um but that is a strict requirement that you or anyone else seeking an accessory apartment live in the primary residents excuse me live in the other part and as their primary residents so we need that uh we need you to do that so why don't we uh this is what I might suggest you do all right uh because it's going to take you a while to build this so we really can't continue this I think what you should do is withdraw your petition without prejudice which I'm sure will allow and then you can come back after you've built your house and you're ready to move into it in a step or moved into it or moved into it as soon as you moved in and you've established it as your primary residence then you would qualify for an accessory apartment and then you should come back and see us and then I think we'll Grant you what you you're looking for so and my uh my daughter can move into the house as well correct yep so just just build it and establish it as your primary residence move in and then come back and see us and we'll be okay we'll be happy that you're a new neighbor and you have a brand new house and I'm sure we'll we'll take care of everything at that point but right now uh I think it's just a little premature for us to Grant you the relief that you're seeking I understand thank you okay so you'd like us to withdraw it for you I'll I'll do whatever you're suggesting yes okay that that that's what I would suggest do we do we have a motion to uh allow the petitioner to withdraw without prejudice I would move that she be allowed to withdraw without prejudice okay do we uh and uh let's see she's seeking a special permit uh do I have a second second any discussion on the motion hearing none all those in favor please signify by saying I I I any opposed hearing none that cares unanimously ma'am we've allowed you to withdraw that without prejudice so go ahead and build your house establish that as your primary residence and then file an application and come on back and see us we look forward to seeing you thank you okay have a good night now okay have a good night all right do we have uh minutes to approve theoris yes Mr chairman we do we have two okay what is she GNA do when she goes to get a we have the minutes of March 14th 2024 good question and everybody was present to I have a motion to approve the minutes gentlemen you can't get an occupancy she can't get an occup can she for what she can't get an occupancy permit for the apartment until she can build it she can build it yeah yeah no she can actually get a she can it's not an apartment until I mean you well probably yeah that with an extra kitchen and everything so you could still get that yeah I think so yeah I don't think it prohibited from putting another kit I just I you know plans change and you know and I just don't want it to become a duplex no I I hear you and we're on the minute flies in the face of the whole bylaw we can't have a uh an extra judicial hearing on something that could be considered a violation so and we are on the record so we're going to go back to the minutes so funny so moving along with the March 14th 2024 minutes do I have a motion to approve the minutes motion to approve dick would you second that I don't I don't think I was here we here I see your name right I'll second that okay any discussion on the minutes everybody's read them and approved them all those in favor please signify we saying I I any opposed during none those the only minutes that we need there 28th also 28 oh what are the other ones uh I have here the March 28th 2024 minutes um Mr NS was not present the rest of us were uh do I have a motion to approve those minutes so move have a second second hearing a second any discussion hearing none all those in favor please signify by saying I I any opposed hearing none cares unanimously dick is going to obain on that one okay all right uh is that uh is that all we have that is all Mr chairman okay uh do we have a motion to adjourn to adjourn second all those in favor I I okay we are adjourned