Recording in progress. >> Everybody hear me? >> Yes. >> Yep. >> Is that a Yes. >> Yes. >> Can you hear us? No. >> I can hear you. Can you hear me? Okay. >> Yes. >> Yes.
>> Everybody ready to go? >> Ready to go. >> Okay. Good evening everyone. My name is Sean Igo. I'm chairman of the Yamoth Zoning Board of Appeals. Today's date is May 28th, 2026. We'll now convene the meeting of the
Yamoth Bon Zoning Board of Appeals. This is a hybrid meeting and is being recorded. We're going to begin by taking a roll call to establish a quorum. Mr. Man Tony >> here. >> Miss Murphy >> here. >> Mr. Scanland >> here.
>> Mr. Scalley >> here. >> And I want to welcome Mr. Skellyy. I believe this is the first time that we've seen you, our newest uh alternate member. We welcome you aboard. >> Thank you very much. >> You're welcome. Okay, we're going to now
begin the meeting. The first uh petition is petition number 5234. That's Daniel and Kathleen Sheret of 119 High Bankank Road in South Yarmouth. It's in an R40 zoning district. The applicant seeks a special permit per
104.3.2 sub subp paragraph 2 andor a variance from section 203 for front setback relief to replace a 12x2 deck with a 12x4 sunroom.
Are the petitioners here? >> Yes. come to the table. >> Please come forward. >> Good evening. >> Good evening. >> How you doing tonight, folks? >> Good. How are you, sir? >> Good. I'm coming from you. Coming to you
remotely tonight. >> That works. >> Might you might get a kink in your neck from time to time turning to the right, but don't worry about that. Okay. Uh, tell us a little bit about what you want to do here. Well, um, approximately >> and if you could identify yourselves for
the record just to to begin with. >> Certainly. I'm uh Daniel Sheret and >> Kathleen Sheret. >> Good evening. Go ahead. >> Hi. Um, uh, approximately three years ago, we had gotten a, um, a permit to do some renovations at the home at 119 High
Bankank. Uh, and we realized that this piece of it was about three feet too close to the Sheridan roadside. So, we held off on that. Um, but we had to get going on the other stuff because we had sold our house and we needed a place to live. So, now that we've gotten that
accomplished and have a place to live, uh, we would like to go forward with, uh, this room off of the the kitchen. >> And we knew this, you know, would take a little time to get the permitting for that. >> All right. And and right now, there's an
existing deck right there. >> Yes, sir. >> Correct. All right. And the current deck, as I read it on my plan, is 20 plus feet. I presume the building department
considers that a front setback. It's a little bit of an odd shaped lot. We >> It's >> kind of a corner lot, but it's a triangular lot. So, you have two fronts and one side set back. You don't have a real lot line. Um, so
you're supposed to be 30 off each of those roadways. Um, okay. So, the sun room goes off the Sheridan roadside and the deck a proposed addition.
Do you even need relief for that? You don't even need relief for that, do you? You just need relief for the uh >> sunroof. Sun room, don't you? >> Right. The the rest has been built, sir. Um the front piece towards High Bank has been built
>> and there was a a small uh office we put upstairs that's built. Uh so right now it's just >> Yeah. >> putting this room where the deck is. >> Okay. Yeah. And I've seen the property. You did a nice job uh >> Oh, thanks. >> renovating it. Looks really nice.
>> Thank you, sir. Um, we're happy with it. >> Okay. Is there anything else you'd like to add at this time? >> Uh, no sir. Just, uh, you know, I guess we were a little close to the Sheridan Road and like you said, it's an oddshaped lot and, you know, just, uh,
wanted to make sure we did it right. >> All right. Well, we're going to go to the board right now. See if anybody has any questions. Barbara, do you have any questions for the petitioner? >> Um, so this is going to be a sun room. Well, you know, I I years ago I was a
licensed contractor and I know that that depends. They call it that depending on how much glass there is. >> Oh, >> and I think it's just >> it's like a threeseason room. >> Yeah, but it's it's not really threeseason because it's going to be four seasons. So, the the the architect
called it a sun room. >> Okay. >> So, we wanted that's how he >> we wanted to make sure we stayed with the same wording. >> Okay. >> If we put enough windows, I guess it's a sun room. Okay. Um, I guess I don't have any questions. I
guess just if you could swing it the other way, maybe we wouldn't have, you know, >> Well, we we did consider, you know, putting it at a bit of an angle. Yeah. >> What we ran into is the septic tank. So
for for the the the footings uh underneath it uh this is where coming off the kitchen would have to go. >> Good. >> No many questions. >> Okay. John. >> Well then did you consider 12 by 12 and
keep the dimensions the same? >> Well we did but if you know how it is if we're doing all the work we were hoping to >> get the footage the family's getting bigger. for our son just, you know, three kids now and so on and so forth. >> Dining space is what we really need.
That's what we're >> family room >> really wanting to use it for. Yeah. To be able to have a big table with >> And there's a poured foundation for this or >> Well, what what originally we hoped to do, sir, was do it um with uh mushroom
uh columns because of the septic tank. >> They didn't want to do a huge excavation. Uh but uh I've talked with the engineers and with the the 12 inch sauna tube with the mushrooms, >> they said that was >> adequate. Yeah. Yeah. So that's what
you're doing. Yeah. Right. Okay. >> So it'll kind of minimize the excavation near the septic tank. >> Got it. >> Makes sense. Okay. That's all I have, Mr. Chairman. Thank you. >> Okay, Tim. >> Um sorry if I understand you right. Um, it's the uh putting in the sauna tubes
where the mushrooms would impact or you know be right up against the uh the septic tank there. >> Very close, sir. Probably a couple of feet away. I I'd have to measure it exact, but it's it would be within about 3 feet of the
closest corner of the septic tank. Mhm. >> But, you know, the engineers looked at everything and, you know, more than adequate for that size small room to do three on the far side and one on each side. >> Well, to Barbara's point though, um, if
you angled, you know, so if you oriented it so is 14 ft long and 12 feet out. >> Um, there there's a window there, sir. And, um, we just tore the whole place apart. So yeah, you know, I I we kind of tried to
>> finagle all that and this is what we came up with, you know. >> Okay. >> Yeah. You wouldn't want to cut Well, so now it's a deck, so the window is not covered, right? >> Correct. >> Yeah. Correct. So this then would be covered. >> Okay, I understand. Thank you.
>> Yes, sir. >> Rich. >> Hi. >> Hi. >> Um just a question about the height of it. Is it is it the height of the old building or is it lower than the than the main? >> It's lower than the existing building exists. Excuse me. The existing building's approximately 15 ft at the
roof line. >> This would be about 11 and a half maybe 12. >> So a little bit lower than the other. >> A little bit lower. Yeah. >> And doesn't block the vision the view in terms of turning around on that on that street. That's the other end of the building. So
>> not at all, sir. with that driveway on that side. We actually have a a sixoot vinyl fence there. So really, I don't know if you know, you wouldn't even notice it from the street. It's it's all within that fenced area. >> Yeah. >> Thank you. >> Yes, sir.
>> I'm sorry. I just had one more question. The the deck that's there now, that was there when you purchased the property. >> The the deck was there. I did put new um composite decking on. It was, you know, the old kind of rotten, you know. >> Uhhuh. >> Uhhuh. Yeah.
>> Yeah. Just wood, >> you know. So, was that a prior non-conformance? >> I I don't know, sir. >> Yeah. >> I don't know. It was just It looked the the wood was I thought it was dangerous. So, >> no. I I I get it.
>> Forming. It must have been. >> I have any idea when that was constructed? >> It was just >> They had just done a brand new It was kind of nice. They had just done a brand new septic system and all that. And I'm not sure where that >> the deck was old. >> The deck was old.
>> It was like old. Like probably >> 70s or 80s, I would guess. >> Not as old as me, but >> No, but from the condition. >> I'm sorry. >> The condition and the materials, I would say. >> I'm guessing. >> Yeah. All right. Thank you. >> Yeah. >> Sorry.
>> And the and based on what we knew about the rest of the house, the property, it had been owned by the same people for many, many, many years. >> Yeah. and there wasn't a lot of updating. >> Okay. >> I have no further questions.
>> Okay. All right. Um I don't have any other questions. I was trying to see if this was going if that new addition was going to be a variance or a special permit. I think it's a special permit. Um you're not really creating a new
nonconformity. It appears that that deck is pre-existing and it's nonconforming right now. Uh the corner of the building is 229. When you come up an existing part of it, it's supposed to be 30. That
deck that's coming off there is also a bit nonconforming. So it looks like this is a pre-existing nonconforming there. So you're not creating a brand new nonconformity. So, I think this could be classified as an extension and alterations requiring a
special permit. Um, is there anyone in the audience that wishes to speak in favor of this petition? If so, please come to the microphone. Anyone, Lisa? >> Nope. No one here. Sean,
>> anyone who wishes to speak in opposition to this petition, please come to the microphone. I don't see anyone. Do we have anyone with their hands raised? >> Uh, no sir. >> Okay. Is there anything else that you'd
like to add at this time, folks? >> Well, no. I thank you for your time. >> Yeah, we appreciate you. >> We're loving the >> time and Yeah. >> All right, then we're going to close the petition to the public, open it up for board deliberation.
Um, I would just point out to the board before we get started that Sheridan Road is a 40 foot layout. Okay. So, when they're taking their measurements right now, they're taking them from a 40 foot
layout. Sheridan Road right now is probably laid out at 30. So, there is some play there. Whether the town would ever increase it to 40, I don't know. Probably not. Even though Sheridan is a fairly busy road, it's a
cut through from Ibank to North Maine as most of us are are well aware of, maybe all of us. Um, so they probably in reality have another at least 5T to play with on that where that sun room would be encroaching. So I
did want to just point that out to the board. Uh, anybody want to begin a discussion or is anybody prepared to make any motions? Um Sean, I based on your uh discussion, I I do think it probably meets the
special permit requirement that uh there's no undue nuisance, hazard, or congestion created and it doesn't uh in it's doesn't create a detriment to the neighborhood. I think uh you know it's a a nice addition to the house and it's
very uh minimum impact uh to uh to the to the area. So I would make a motion that uh the board approve a special permit uh for this uh for this appeal >> as requested.
>> As requested. >> Okay. All right. We have a motion made by Tim. Anyone prepared to second the motion? >> I will second that motion. >> All right. Seconded by John. Any further discussion?
Um, I would agree with Tim. I don't think it's going to be substantially detrimental to the neighborhood. Obviously, for the reasons that Tim said about undue hazard, nuisance, and congestion. I don't think it's going to cause any of that. They've done a great job on the house over there. It looks
beautiful. Um, again with with Sheridan right now being a 40 foot layout and them measuring from a 40 foot layout, it's a little bit I don't want to use the word deceptive, but a little confusing as to actually where you're
taking your measurements from. So, I'm sure that sun room when finished is going to look like it's further away than what it would appear on the layout here. So, I do think they meet the criteria of the special permit. I don't think they're going to need the variance
relief. So, on the uh motion made uh by Tim, seconded by John, we're going to if there's no further discussion, anyone else have any further discussion? Hearing none, we're going to take a roll call. Barbara,
>> I. >> John, >> I. >> Tim, >> I. Rich >> I >> and I'm an I as well. That passes. Five in favor. Okay. None opposed. Now what happens is is once the decision is
drafted, it's filed with the town clerk. 20 days must elapse. That's a technical waiting period for appeal. If someone want to appeal it, I don't think since we didn't hear any opposition that's going to happen. After that's done, the uh board of appeals office will contact
you. You need to come over, get your special permit, take it over to the registry of deeds and record it and bring a copy back for our records. >> Okay. >> Very good. >> Yes. Thank you. >> Okay. Well, you've you've asked for one other form of relief, and that's a
variance, and you don't need that relief. >> So, might I suggest that you request that you withdraw the variance or the request for variance without prejudice, which means if you ever needed to come back, you could come back. You want to do that? >> AB:
>> Absolutely. Do we do that here, sir? >> Yes. >> Yeah. >> Yeah. So, we would >> Okay. So, we have a request to >> withdraw without prejudice. >> Withdraw the variance. >> Anyone prepared to make a motion to that effect? >> Motion to uh to withdraw the variance
>> without prejudice. >> Without prejudice. That's correct. >> Okay. Motion made by John. Do we have a second? >> A second. >> Seconded by Barbara. We need any discussion hearing? None. We're going to take a roll call. Barbara >> I.
>> John. >> Hi. >> Tim. >> Hi. >> Rich. >> I. >> And I'm an I as well. So the request for variance is withdrawn without prejudice. So you're all set folks. We'll be in contact with you. Uh and you can get your special permit
>> as soon as you hear from us. >> Great. Thank you all. >> Great. Thank you so much for your time and consideration. greatly appreciated. >> It's a great time. >> Okay. Now, the second matter on our
petition is petition 5235, Hanaman Dashan LLC. The propertyy's located at 953 Route 28 South Yarmouth. It's in a B2 zoning district and the applicant seeks a special permit per 404
section 404.5.2 and 404.5.3. Um, number nine, use nine, uh, to provide seasonal employee housing up to 51 for up to 51% of the rooms at the Harborside
and Suites Motel. >> Good evening, sir. Could you identify yourself for the record, please? >> Thank you, Mr. Chairman, and members of the board. I'm Gary Blank, an attorney uh with the law offices of Michaela
Makush and we have offices in Sandra and Catouitt. Um I'm here I believe via Zoom with my client Darian Gandhi who's the managing member of Hanuman Darian LLC
which is the title holder of the property Harborside Suites located at 953 Route 28 uh right across from the Pancake Man uh in an area with a lot of commercial businesses. Um, and I'm here
seeking a special permit for Harborside uh to use 23 rooms at the hotel for seasonal employees. Uh, the seasonal employees are greatly
needed by the local businesses in this town. As a matter of fact, I believe we've named Star Market, Cuffies, the Pelum Hospitality Group, Shaw Markets, the Milano Group, Skipper, Chowder
House, the Red Jacket, and Beaches and Cream as the employers in town that are depending on the 48 J1 visa employees that are expecting to be housed at the
Harborside suites. Um the Harborside suites was uh permitted to use 16 rooms last season to house these summer or seasonal employees and that was 35% of the
facility. Again, by special permit, uh they have a right to to use seven rooms by right pursuant to your uh zoning bylaws 404.52 and 404.5.3.
Number nine. Um these local businesses are relying on these employees. They're very necessary. It was reported several times last season in the Cape Cod Times that many
of the local businesses here did not have enough employees to keep their regular summer hours open and they had to cut back and reduce the hours that they were open during last summer
because of the lack of employees. Um, there's no greater impact, as a matter of fact, I'd argue there's less of an impact than the use allowed as an existing motel.
Mostly because these uh students, seasonal employees come with and get come here and get bicycles. They're not bringing cars. They're not buying cars. They're relying on their bicycles and or feet for transportation.
Um, as last year, the the same on-site managers, uh, a married couple named Jenny and Ram Ram Kish Kishen are the on-site managers. And last year there
were no problems, no issues whatsoever. Um again, these employees are crucial to the proper operation uh of the businesses here so that they
can be open with full service for their entire summer schedule. uh we provided a current list of the employees with their uh email addresses so that you have that. I believe Dolores
was given that there are rules >> Yeah, I have that in the packet. Uh council, >> thank you. There are rules and regulations uh in place that will be enforced. They're pretty much similar to last
year's rules and regulations that were enforced. They will all continue to have weekly room inspections and they're providing a cleaning service once a week um as they do the inspections. So, the
rooms will be kept clean. Smoking, of course, is prohibited. They're prohibiting overnight guests. There's going to be a 10 p.m. curfew, so there'll be no noise. Uh there's a bike rack for the bikes to be stored. Um
there's no anticipated harm to the area, but a significant benefit to the local businesses that uh need these employees to take care of their customers and stay open for their full summer hours. Uh, I ask that you grant the special
permit for Habicide to dedicate 23 rooms for housing of seasonal employees. That will help meet the urgent need to house the seasonal employees that are critical to
the proper operation of the local businesses um that have to make their money during this summer season. So, I ask that you grant this permit. >> Okay. Thank you very much, Attorney
Blank. Um, I do have some correspondence as usual with uh petitions of this nature. We always uh call upon the police to um run a call log. Um I have an E just to see if there's any activity
at the site uh especially during the times that we're talking about. Um, there was an email sent uh from our administration administrative assistant Dolores to uh Nicholas Giam Marco. He's a police
officer the Yarmouth Police Department. Uh, it says, "Hi, Nick. Hope you are well for 953 Route 28, formerly 961 Route 28. I would like to request the call history and dispatch log for May 1, 2025 to October 31st,
2025. The petitioner is returning to the ZBA for seasonal employee housing. Thank you, Dolores. Uh, Officer Giamco responds, "Good afternoon. I didn't find anything in the log for either of those addresses. Let
me know if you need anything else. Have a great week. Nicholas Giamarco, police officer, Yarmouth Police Department." So, we have no calls uh onto that property, which is great. Um,
I do have the list here that you provided me. Um, why don't we go to the board for any questions? Barbara, do you have any questions for the petitioner? >> Well, I'm glad to hear there are no
complaints. >> That's good news. Yes. >> Um, where are the majority of these kids coming from? Do you know what country? >> I do not. >> I'm just trying to parse off the names. Um, so there's four kids to a room
essentially. >> Three or four? >> Three or four. Okay. >> No, I think with, you know, you've had a a year with this and and no complaints. I think that's a good sign. >> And before last summer, the um illegal
aliens that were shipped from Texas to Massachusetts were housed there and there were no problems. >> Yeah. I remember that. I remember that from the the hearing, prior hearing. Yeah. Okay. No, that's all I've got. Thank you.
>> Okay, John, do you have any questions? >> Just a couple. So, uh, the dates this will will be in effect, excuse me, is May 1st to through October 31st. >> Yes. >> Is that correct? Yeah. >> And um you said most of them are going
to be taking bicycles or on foot. any bus, you know, any uh veins going to be rolling through or >> those can be provided by the employers and they have in the past. >> Okay. So, that's a that's likely
>> it's likely they will get transportation if they need it. Yes. >> Very good. No, it's good to see. Um, I agree. The code of conduct, that whole uh or the J1 uh rules that you've put in
effect is is great. So, um it it looks like you're doing a good job over there. So, thank you very much. That's all I have, Mr. Chairman. >> Okay. Thank you, Tim. Do you have any questions for the petitioner? >> Um last year you had approximately 30 35% of the rooms,
>> correct? >> Taken by summer help. Were there any issues uh by the residents that needed to be resolved by that code of conduct? >> None that I've heard of? No. >> All right. But you know, you don't know
if there were any. >> I have asked my clients and I'm told there were none. >> Okay. All right. No further questions, Mr. Chairman. >> Okay. Rich, do you have any questions? >> Yeah, just a couple. Um, so I'm
gathering there's no difficulty then with getting these students to come over with with J1s is I've been hearing all these rumors about people not coming and all these students that are having difficulty. I I'm guess I'm hearing that >> they're the issue. >> They're the arrangements are really made
by the employers that are seeking them. So we hear from the employers that they need housing and we get the list of names and addresses from the employers or whether there is an issue or not.
>> You wouldn't know if there was an issue or not unless they didn't show up. >> Correct. >> Yeah. >> Who who pays the rent? Is it the student? Is it or is it the employer that pays the >> Well, the employer pays their employees
and the employees pay their rent. >> They pay their own rent >> and the percentage. So, there's approximately like a half that would be regular tourists that come in that would be renting the other rooms or is it some other makeup of
>> Correct. It would be your regular tourists uh driving down Route 28 that decide to stop there. or booking ahead hopefully. >> Well, they they might have made reservations. >> Is there one section of the hotel of the
motel where the with the students are versus the tourists that are coming in? >> Yes, there there really is. I had a diagram that I passed out last year and I have copies if you want to see that
again. Um there may have been a map. Yeah, you have it. So if you if you look at the the map, there's a pool here. >> Yep. >> And most if not all the J1
employees would stay in this area next to the pool in these rooms numbered 127 all the way down to 118 >> and over to 142.
143 and 144 are special handicap units for regular uh tourists. And then any overflow uh would go to the next column to the right. The manager
quarters are right on that corner. So they really can oversee just about everything happening. Yeah, I think there's a circle around the manager's quarters. >> I I see a number of people on motor
scooters up and down 20. I live in a little further up the street from there and there's a lot of young people on those motor scooters on the sidewalk. And I >> is that that going to be their transportation as well? >> I I don't know uh that they'd be buying
motor scooters. Um I I I haven't seen much of that with respect to uh these types of J1 visa employees in the past. It's mostly bicycles. I don't think they come here with a lot of money, but they
do come here to work. >> Thank you. >> Thank you. >> Anything else, Rich? >> No, I'm all set. Thank you. >> Okay. All right. Um I don't have any questions.
Um I presume you have no objection to if we were to grant this incorporating your J1 motel stay rules as well as the prior conditions in prior uh decisions. >> That would be perfectly fine.
>> Okay. All right. Um, I don't have any letters in my packet. Um, do we have anyone with their hands raised, Lisa? >> Um, no, Mr. Chairman, there's no one hands raised or >> anyone in the audience that wishes to speak in favor or opposition to this?
>> I don't think so. >> Nobody here. Yep. >> No. Okay. Uh, Attorney Blank, is there anything else that you'd like to add? >> Uh, not at this time. Thank you. >> Okay. All right. Then we're going to close the hearing to the public, open it
up for board deliberations. Would anybody uh be prepared to begin a discussion or is anyone prepared to make a motion? I'll I'll make a motion to approve the >> to approve the petition as requested uh
with the condition that we maintain the code of conduct >> in the J1 motel stay rules. >> Okay. and the same conditions as last time. Uh, specifically conditions 1 through five, the enforced
quiet hours between 1000 p.m. and 7 a.m. Overnight guests are prohibited. Smoking is prohibited in the buildings, allowed only in designated areas. Weekly room inspections, all bikes must be placed in designated racks. Um, that
is really all. >> Yeah. Um that I see but their J1 rules are are pretty they're pretty comprehensive in and of themselves. >> Yes. >> Um is that your motion, John? >> Yes.
>> Okay. Anyone prepared to make a second to that motion? >> I'll second. >> Bob, will you second the motion? >> Any discussion on the motion? Um, one point I'd make is, you know,
they talk about all bikes in the rack. Uh, should expand it to all, you know, uh, electric scooters that you were talking about. >> I Well, I I don't have a problem with
that. I'm not quite sure what the what the hotel owner's policy is on those. I'm not even sure if he allows them to have them. Um they might not even be allowed. I don't see any. All I see is bicycles should be stored in the
bike racks. M >> um generally on some of these scooters given some of them are pricey and so I think a lot of people who own them would probably prefer to take them inside than to put them in a bike rack overnight. And that's why I kind of think they
probably don't even have them. Uh but if you want to make that a condition, I don't think that's a problem. But I would kind of I wouldn't suggest that we defer to the hotel owner on what their position might be on that. They might
not allow that. Do you have any information on that, attorney blank, as far as how the owner of the hotel feels about whether he would allow those electric bikes to be used on property by the J1s?
>> I really don't, but I don't believe it's come up in the past at all. Yeah. Yeah. Well, I I I I know they're quite busy up and down the streets. That's nothing to do with with your petition. I think we all share that concern. >> Yeah.
>> And uh the kids are fearless on those things. Um but might I suggest uh I I'm not sure how we I don't want to say they got to keep them in a bike rack and then they want to keep them inside. They might not be allowed, but if you want to add it
either in in a bike rack or inside, if you want to do that, if you want to add that language, do you care about that? >> My concern would be if they don't actually fit in a bike rack. They may have wider tires. Uh I don't know. I don't ride those things myself.
>> I don't I I I I don't know how they're stored either. I I generally see people taking them inside or locking them up out in front of a convenience store that they go in and out of, but Um, >> well, you know, I'm not looking to cause
a whole commotion. It's just that, you know, if we're talking about bike racks, you know, you can have these, you know, scooters, uh, you know, electric bikes or whatever it is. Uh, doesn't fall within that category, but you they could still be, you know, uh, uh,
you know, you don't obviously, you know, if the if the uh, J1 has one of those, they want to take care of it, make sure that they have that for their access to work, right? Otherwise, I got to off it. >> I would think so. Yeah. >> Yeah. Yeah. So, um I just thought that
the bike rack was just uh uh you know, language, but you know, times have changed and you know, modes of transportation have changed that maybe we just you know in in uh expand the definition. >> Well, let me ask you this. What's the concern that they're going to have them
laying all over the place? >> It could be. Um, >> you know, I don't think so because like I said, you know, their modes of transportation property owner, >> right? >> I'm sorry, Sean. >> I said, don't you think that might be
more of a concern for the property owner though versus us, the town, trying to regulate where bicycles and >> Well, I mean, you know, we have the condition in there for the bikes. >> Well, that's kind of their condition really. That's what they they we we put
that in on a condition, but >> um I think the bike wreck idea was it's like the smoking. Okay. >> That was part of their J1 rules. A lot of these are >> Yeah. Well, again, I don't want to belabor the point. I think, you know,
it's really taken up more time than it's worth. uh but I just made that observation that uh these days there are you know there are additional modes of transportation uh but we can you know dispense with that and move forward with the language as proposed.
>> Okay. All right. So we have a motion made by John seconded by Barbara with the conditions that are consistent with last year's. Any further discussion? The only other point that I would make,
and I think we're all sensitive to this, is this is really a necessary service that these hotels are providing for these employers in the summertime. Employee housing is critical to the
success of the businesses, not only in the town of Yarmouth, but all over Cape Cod. A lot of these businesses are unable to open on a 7-day basis because they just don't have the employees. I'll give you two very popular restaurants.
Seafood Sams and Captain Parkers were having a hard time maintaining a 7-day a week schedule because they just couldn't get the help. And I mean, you know, if those two are having a hard time, you know that you know there's a problem with employee
housing. Um, so I I think allowing them to go above the 10% which this board has consistently allowed in a lot of our hotels that want to provide employee housing and there's a few others that come before us each year as they're required to do. I think they've done a
good job. I think they self police very well. Obviously, this property does very well cuz there's been absolutely no calls into this one, which I don't know if I could say that about all of them. Not to say the others are problematic, but you have these little things where
you might have a call here or there for small stuff. Um, and it's all recorded. But here we have absolutely none. So, um, but I did just want to point that out and I know the board understands that it's really more for the public if
they're sitting at home wondering why we're approving all of this employee housing because it's an absolute necessity for the success of the businesses in town, especially the seasonal businesses. So, having said that, I do think they meet the criteria for the special permit. Um, and with
that, if there's no further discussion, we're going to take a roll call. Barbara, >> I >> John, >> hi, >> Tim. >> Hi, >> Rich. >> Hi. >> And I'm an I as well. Uh, attorney
blank, as you're aware, um, once the decision is clocked with the town clerk, 20 days must elapse. After that, uh, we will contact you and, uh, you can pick up the special permit if you would record it at the registry of deeds and
return a copy for our records. >> Thank you. >> Any uh, questions, uh, council? >> I none. Thank you. >> Okay. Very nice to see you and, uh, good luck. Appreciate it. >> All right. Thank you all. Good night.
>> Good night. Okay, here one second. All right, the next matter is petition 5236. That's Sydney Horton. The property is
located at 12 Denver Drive, West Jarmath. It's in an R25 zoning district. The applicant seeks a special permit per 202.5 footnote 5 and/or variance from section 202.5 to construct a 36x 60 ft
barn for the garing of more than three vehicles. >> Good evening, sir. >> Good evening. >> Could you identify yourself for the record, please? >> Uh my name is Sydney Horton, the applicant. This is my daughter, >> Olivia Horton. >> Hi. How are you tonight?
>> Good. >> Okay. Well, we see you want to put a barn over there on Denver Drive. Uh, tell us a little bit about the barn. >> Okay, the barn um is to house my boat in the winter so I
can work on it and also I have a project boat um that I'm restoring that I'd like this space for. Um there's a Sean, you probably don't have it, but there's a landscape picture here that shows Trader Lane and Denver Drive. Yeah, I actually
do have a copy of that. So, I have that in front of me. >> Oh, you do? >> They sent me one. Yeah, they provide me all this stuff. They're very good about that. >> Well, we put trees on this one. >> Okay. All right. I don't know if I have trees on mine, but go ahead. >> Well, our intent is to leave all the
trees bordering Trader Lane undisturbed. The ground cover undisturbed, too. And then there's a whole section to the north we're leaving undisturbed. It's really wooded in there and that's campy and that's kind of the um how we want to keep the
keep the place. >> Okay. Okay. All right. >> So, I'm not stoing vehicles, but I know that's the that's what kicked it to zoning for vehicles, >> right? It's the size of it and how many vehicles that you could store. Okay. >> Yeah. I was looking at it and I saw
that's a pretty good size building right there. It's got some big overhead doors. I'm saying you're going to be able to put something big in there. >> Yeah. >> It's got a 14 foot high door. My my boat's 12 1/2 ft. >> Right. Right. Okay. Okay. Um, anything
else you'd like to add at this time? >> Well, I'm not sure what elevation you have. We did put in uh resubmitted elevations that show one door in the front and it's a bigger door like 20 by 14. So, it's a single door in the front with a pass door.
Um, and just three windows, three big windows on each side. And there's there's no windows in the on the northeast side of it. >> Okay. Yeah. I think one plan shows two doors. So, you're actually going to have one door instead. >> Yeah. One. >> Okay.
>> There's an updated plan with the town. >> All right. Okay. All right. Well, why don't we uh go to the board and see if there's any questions? Rich, do you have any questions for the petitioner? >> You're starting at the other end this time.
>> Yeah. >> Um, is it your intention just to use for your own personal use? You're not going to rent it out to anybody. >> Having gone by there, it's you can barely see the the property there with all the wooden area. So, I I expected that it was going to be like this big
barn visible, but it doesn't seem to be that way. So, >> it should be. I mean, you'll see some shingles, but >> yeah, >> we're going to keep that vegetated just the way it is. So if >> that's all I have to say. >> I talked to a couple of neighbors. They they seemed okay with it. So
>> quite deceptive back there. You go back and you think >> Yeah. It's like you're in New Hampshire. It's all wooded. >> Yeah. >> Thank you very much. >> Okay, Tim. >> Um I really don't have any questions. I
mean given the size of the lot and its location seems to be minimal impact to uh to the area. >> Okay. Okay. John >> just uh height 22 feet.
>> No, the height the total height of the ridge is 23 about >> 23. And so you said your boat is what? 14. Is that what you said? >> It's 12 and a2. >> 12 and a2. So there's no no second floor or anything going. It's all trusses. >> It's all wide open. Yeah, >> trusses. You can't put anything up
there. >> Gotcha. >> Yeah. >> All right. Very good. That's all I have, Mr. Chairman. Thank you. >> Uh, okay. Barbara. >> Um, I don't have any questions. >> I think it would kill to have that barn. >> Oh my god.
>> I know. this far. That's a big building. >> Yeah. Nice. >> Uh, no, actually I don't have any questions either. Um, any questions or comments I would have had I think would have been what the
board has already said. I mean, it's it's a big lot. It's a beautiful lot. Big wooded lot right there. I mean, you can >> I I don't I think minimal impact. I think you're going to leave all this vegetation. I don't even think you're going to hardly notice it back there.
>> I I certainly think it'll fit in there fine. I don't see it being any type of a detriment to the neighborhood or nuisance to any of the neighbors or the surrounding zoning district. Um do we have Lisa? Is anybody have a their hand raised?
>> Note, Mr. Chairman, there's nobody left. Nobody left. Okay. >> Just us. >> All right. Just us. All right. Um, any other questions from the board? >> None here.
>> Um, it just occurred to me um in uh redoing uh your boats uh painting, epoxying, uh using any type of volatile. >> No, we wouldn't be spraying spraying in there or anything. There'd be no odors. Oh, okay.
>> For the neighbors or anything. >> So, there's no exhaust issues or >> No. Yeah. >> And I'm the one doing it. >> Yeah. >> Slow. >> Fairly quiet. >> Yeah. >> All right. >> Operation.
>> Okay. Nothing further. >> Okay. Um well then we will um close the um if the petitioner has nothing else to add, we'll close the petition to the public and open it up for board deliberation.
Uh anyone prepared to begin a discussion or to make a motion? >> I'll make a motion. Well, then go right ahead >> to approve petition 5236 as requested. Okay. All right. Do we have a second to
the motion? >> Seconded. >> Okay. So, we have a motion made by John. Was that seconded by you, Tim? >> Yes. >> Okay. All right. Seconded by Tim to approve the petition as requested. Uh
with no conditions, um we have two forms of release, so we can withdraw one in a minute. Um yeah, the only thing I would add to it is I' I've said I think it does meet the criteria for special permit. Um and with
that said, uh we're going to take a roll call vote. Rich, how do you vote? >> I'm I. >> Tim, >> I. >> John, >> I. >> Barbara, >> I. >> And I'm an I as well. So that passes
five in favor, none opposed. Once the decision is drafted, it will be filed with the town clerk. At that point, 20 days must elapse. That's a technical appeal period. I don't think anyone's going to appeal that because we didn't
have any opposition or didn't hear of any. Um, and once that time period goes by, we'll contact you. You need to come pick up your special permit, go over and record it with the Bible registry of deeds and bring a copy back for our
records. Okay, >> great. Thank you, Mr. Chairman. Thank you, board. >> Okay, one other just one other housekeeping matter here. You did ask for a variance. You don't need that relief. So, >> we would ask that you withdraw the rat
request without prejudice. Please withdraw that without precise. >> Okay. Do we have a motion by someone on the board to that effect? >> So moved. >> Second. >> So moved. Tim, we have a second. >> Second. >> Is that you, John? >> Yes.
>> Okay. Uh any discussion on it? Hearing none. Barbara >> I. >> John >> I. >> Tim >> I. >> Rich >> I. >> And I'm an I as well. So, the request for variance is withdrawn without
prejudice. Uh, thank you very much, folks, and good luck with the barn. >> Thank you. The trees look great, by the way. >> Okay. All right. >> Just graduated architectural program at Roger Williams. >> Oh, great. Okay. Excellent. Excellent.
>> You can make use of the degree when it's >> did that drawing. >> Oh my goodness. >> Oh, good. Good. Did a nice job. Thank you. >> Okay. Have a nice night. Now, folks, >> likewise. >> Do they have B still have like a barn
raising party or something? >> Lisa, do we have any minutes that we need approved or are we good? >> I don't see any on the agenda. Um, >> okay then. We'll we'll just That's okay. >> Okay. >> Sometimes we do. Uh, do we have a uh
motion to adjurnn? >> So moved. >> We have a second. >> Seconded. All those in favor, please signify by saying