living in a fishbowl what can you say all right now we're on yep but that's not going to work this alide yeah I'm getting Reverb you are I don't hear those mics I hear this one over here I don't hear anything out here I don't know hearing it over here technical glitches you know we're not a brother Studios should how's that I don't know and we shut that speaker off whereever it's coming from let me just come back don't just come back out I canit you can all hear me right out there why is that speaker on her desk she need that one I've never seen that before I I don't know I'm not a technical person I can't plug in my TV is that given the Reverb is your mic given the Reverb there Dolores there the computer yeah well we can't deal with that all night so I'm sorry just be patient please and but what I can do is get through what the governor requires me to say whether I like it or not and this stems from covid uh limitations and meetings uh it's been scripted down a bit my name is Steve D young and I chair this wonderful board meeting and it's my distinct pleasure because I have been away for 6 months and my fellow board members excuse me lifted the weight and to each of them I'll take just a moment to say thank you uh to those that are uh uh um you know uh not regular members but alternate members they they jumped right in and I know uh Mr aigo sitting to my left is more a a historian of this board than I am so he knows how to Cher a meeting and he did a beautiful job from what I saw did things different than I did but that's okay I won't mention it so my name is Steve D young and I chair this wonderful board we now convene the May 9th meeting of the yth zoning board of appeals as required by Mass General Law chapter 38 sections 18- 25 and pursuant to chapter 20 of the acts of 2021 known as an act relative to extending certain covid-19 measures adopted during the state of emergency which was extended by chapter 2 of the acts of 23 the public are able to attend this meeting either in person or via the alternative Public Access some of you might be familiar with zoom members of the public may watch the meeting on live on channel 18 or watch and or participate in the meeting help hosted in Zoom the meeting notice provides necessary instructions to join the meeting via zoom and please note that the audio video and screen share functionings will be disabled uh during the uh meeting unless recognized by our um wonderful uh board administrator to my right who uh will recognize you if you use your raised hand function required by this statute is the need to call a roll call to make sure we have a quarum I know we have a quarum we have a full but that's all right so I'm here Mr iGo you're here present yes Mr Manon here Mr Frey here Mr Pano here look at we're all here that's nice to know so is the last petitioner on Zoom at this time yes sir Mr chairman she's been invited in I think uh the technician will allow her to talk momentarily what yes yes let get in can we invite her in I think he's working on it working on it oh would be uh Tessa Dave must have lost my hearing while I was away too you lost that one you go did you're right so I see your name up there hi all can you hear me okay hi Tessa yes we can and you are here talking about petition 5109 is that correct that is correct and that's for property located at 68 Evergreen Street sweet no of course not it's for property located at 205 Old Main Street 205 Old Main Street yeah right down the street for me uh in sou armouth that property being in a uh zoning District rs40 uh the applicant seeks a special permit pursuant to sections 301.4c to modify the existing parking lot by removing in lot trees from for the construction of a 101 by uh 101.8 ft by 11 17.6 foot solar carpentry canopy over the rear parking lot this is Tessa Shield Sheed who is on the phone with us and you have a request is that right I do have a request um I would request a Ence um the applicant DC solar um he has a lot of the technical information around the project um he's had a family emergency today so we were hoping to um jump on to the next meeting so we could discuss his thank you is anybody here interested in this petition and they've come this evening because of that interest seeing No Hands uh we can now consider it as a request for continues anybody prepared to make a motion yeah make a motion to approve the continuance I'll second that motion now uh thank you gentlemen uh that is not going to be uh if we vote on it affirmatively uh that is not going to be effective until such time as you come in uh as the representative and sign an extension agreement okay um I'll be able y I'll send that to you Tessa you'll email it up and she can send it back to us right all right thank you well you know we don't want to inconvenience you not at all although you ought to move down here not stay up there in that Kingston so is anybody in the board care to have discussion on this motion so made hearing none does anybody uh are you able to give us a date for the continu yes sir Mr chairman May we only have three petitions what May 23rd okay Please interpret for me May 23rd so uh it continued to May 23rd 24 and we'll look forward to seeing you that night once we take our vote and remembering you need to sign an extension agreement uh John I on the motion I John I and uh Jay I Anthony I I'm an i as well therefore carries unanimously uh and uh that extension agreement will be sent to you uh no later than tomorrow I bet look forward to seeing you on the 23rd thank you Tu Ben yeah something interesting about 52324 isn't it it's a cool day all right the next one is that of petition 5104 Anthony and Margaret and I'm hoping I'm saying this come right up to this table please yeah Cula okay thank you thank you uh it's concerning property located at 49 Vacation Lane in West Yarmouth that property being in the zoning District r25 our applicant seeks the special permit pursuant to 104.3 point2 sub paragraph 2 of our bylaws Andor a variance under 203.50 of the same bylaws for front setback relief to construct a 10 by 12 addition on a pre-existing non-conforming structure would you identify yourselves please yes so it's we're at 49 vacation land no who what's your name oh sorry excuse me my name is Anthony schula and this is my wife marar Scher and we are the owners of 49 vacation so sure okay why don't you tell us all about the petition okay so we're looking to build a 10x 12 addition on the side of the house which would effectively Square the house off so the addition would begin at would connect up to a existing three Season room and if we this three Season room is 19.5 ft from cage drive to make the house Square because the house is sitting at a slight skew on the lot we will end up at 19.3 in from cage drive so we're seeking a special permeter variance to build the addition with the extra2 in toward itss cage drive very succinctly said Thank you thank you that's for starting this evening off wonderfully John any questions about our petitions not just the what type of room are you planning on using so what we're going to do is going to be a kitchen bumper up more for the most part yeah yeah okay I don't have any other questions thank you uh no questions thank you oh thank you Jay no questions Anthony U just curiosity what are you doing with the fireplace there is a oh the the chimney the chimney yeah so we we we're going to remove that I've already the only appliance that was gas was the hot water tank so I put in H water tank and they' had the gas shut off by by the gas company so we're just going to remove that just curious cuz that was right at the other yeah no further questions on that thank you well you know I got to tell you I ordinarily would not vote to Grant any relief on this particular issue uh because I just don't want to see houses Crouch uh you know Crouch just on the street side uh it's dangerous and it's uh uh hindering some in some fashion uh people coming down Vacation Lane that having been said you have the unfortunate reality of being on a on a corner and that means you've got two Street faces to be concerned about and there is nothing more logical than to square this off by an addition if that's where you're going to go it seems that the suitable and right uh source of bringing you some happy uh without hindering the public you'll take that deck back right correct actually we're we're just going to cut the deck off right where that would be and the existing deck is going to stay we're just going to trim that up butt it right up to the you got it yep okay well very nice plan very nice presentation thank you does anybody in our audience care to speak in favor of this petition if so please come to our microphone tell us who you are and we will hear you no crowd Stampede back there you're doing good let's see if anybody's opposed is anybody opposed to this petition that would like to speak seeing none we now close it to the Public's input yeah I'll read it in we now close it to the Public's input uh as'll save for uh some homework I'm going to do here in just a minute uh addressing an email in uh but people in the public out here in in our audience cannot participate further because we're going to open it to board deliberations in just a minute after I read uh something from Madison weter uh who says I'm Madison wet my husband and I own the property at 76 Cottage Drive West jth Mass as a buing property owners we wanted to share our perspective on the variance petition concerning 46 Vacation Lane which directly faces our residents regrettably we won't be able to attend uh tomorrow's meeting but we felt it crucial to express our support support you have a neighbor that you went out and got this letter from him that was wonderful from the proposed project after reviewing their plans we believe granting the setback variance for their addition is warranted for the following reason the variance requested his minor and is unlikely to significantly impact the character of an neighborhood uh the the petitioners have consistently enhanced their property over recent years Al those brown shingles gone new shingles on or are they coming we wash them down nice and clean okay uh we anticipate this addition will further contribute positively we trust the board of appeals will consider our input alongside others and make the most appropriate decision for our wonderful neighborhood uh please feel free to reach out if necessary what a wonderful wonderful I I don't know if you wrote that for her but she really spoke nicely all right so let's open it up to discussion what do you think Anthony yeah uh as you mentioned it's it's a very small um change that they're asking for here it's an appropriate structure uh it is a I think a unique lot abing two roads and the shape of it where the location of the building is makes it that you know forces them to come in and seek the relief that they're asking for and in my opinion it it won't be uh more non-conforming in a way that would impact the neighborhood all right um M Jay what's your thought since you're back I thought we'd use your favor favorite word I think this is Dom Minimus so as far as as far as it Chang goes so no I'm I'm supportive of it I think it's reasonable I'm not sure I think it's a special permit though is I believe is it not oh well we've treated we've treated these as special permits before I don't understand why we would do that but I think it meets the variant meets both standards no matter what I mean it is already we'll go to our legal scholar here next to me okay I figured it was already a pre-existing non-conformance so that's why I figured it was a special permit but i i would support it if he says that's the case then I'm I'm going with it all right I think it's a speci I don't know I I don't care all right Sean um yes I do think it's a special permit I think it's an extension of a legally pre-existing non-conforming uh structure if it was new and it wasn't already there then I think it would be a variance generally I think we re ire a plan to see what we're actually approving which you do not have tonight however your representation that it's just going to be part of your kitchen is good enough for me and it's just swearing off the building um I think it does meet the criteria under the special permit I don't think it's going to be substantially more non-conforming to the neighborhood or the zoning district and that's what it C requires under 104.3 sub paragraph 2 so I'm supportive of it and uh I believe the board sounds like they are and if not I would recommend that they support it thank you Mr chairman I thank you Mr iGo and uh John yeah I agree with the other board members corner lot just a couple inches I don't have a problem with it thank you well as I indicated I'm very reluctant to Grant this relief but in this instance understand why it is appropriate I agree it does meet the criteria of the special permit is special permit shall not be granted unless the applicant demonstrates that no undue influence Hazard nor congestion will result as uh by the non-conforming uh uh nor will there be any detriment to the town or neighborhood uh we've heard from your neighbor it's going to be a plus in the neighborhood um I can't see how adding that room is going to add any congestion down there so you met the criteria wonderful okay and so uh let's take a vote we have to do it by roll call I'm sorry to say I'll make a motion to we need that first too don't we to to approve the uh special permit as requested thank you Jay thank you Jay I'll second uh Jay John I John I I I and I'm an i carries 5 to zero a decision will be drafted it will be filed with the town clerk's office once that occurs you will receive notice that it's occurred and that starts a 20-day waiting period the 20 days is a technical waiting period I don't anticipate anybody appealing from it but you never know okay so listen it's been a pleasure to see you tonight you move down here really enjoy it a variance oh you had a variance request too that's right yeah uh who's going to move on the variance so move to withdraw the variant um without prejudice are you asking us to do that oh yes good that's smart answer I'll second that it means without prejudice so you're not having any negative effect okay cu granted the special permit you don't need the variance is the reasoning just so with the special permit do I still need to register that with the yes aible County sure you go to the registry of you'll get all those instructions but you take the grant of the special permit to the registry of deeds and bable you record it there and return proof of the recordation back to our uh administrator okay okay wonderful thank you for tonight thank you Mr chairman thank you everyone thank you send all the information nice meeting you nice to meet you we do need to take a vote on the uh we didn't vote on okay see you in the future withdraw Cas yeah withdraw vote on it withdraw none the variant with are you and I shake shake that lady fall five 5 Z I'm sorry I didn't know was oh oh thank you yeah yeah oh your hand are warm thank you yes no problem no problem that's okay good luck thank ahead of ourselves thank you take care all right everybody thank you so much yeah thank you thank you okay more business yeah we just did next petition is that of Boris Kook Trustee of the Kook homes trust property located at two scrimshaw Lane West J mass that property is in a district r25 our applicant seeks a special permit assuming to 104.3 point2 sub paragraph 2 for side setback relief to raise and replace an existing single family with dwelling in flood plane with a twostory structure and expand the Recon and reconstructor of the perula and deck I see that it's listed that attorney Andrew singer is and my goodness he's there at the table well hello Mr singer are you presenting this night for the I will I will be presenting this night all right chairman for the record Andrew singer attorney in dennisport uh behind me in the first row is uh Mr crook the applicant owner and also Dan Speakman the project engineer uh this property is a uh single family house on the corner of scrimshaw in exitor scrimshaw Lane and exit a road uh it is in a flood zone the exist The Proposal is to raise and replace the house uh as well as the deck and the pergola that are there today uh it would be a two-story house no change in the number of bedrooms the replacement house will be elevated to comply with flood plane regulations the existing house the main box of the existing house is conforming to all the setbacks coverages the proposed box of the house is conforming to all the setbacks and coverages what is non-conforming other than lot size on this property is only the side deck and pergola on the northern northern side property line it is currently 5.4 ft from the property line uh the crook family has owned the property for um 18 years now they spend a lot of time outside and so what they were hoping to do is to replace the deck in the pergola roughly in the same location but pulling it back from 5.4 to 5.8 to match the existing deck that's under the pergola right now one juts out more than the other so the only non-conformity other than lot size that you'll have here is that the pergola will remain too close to the property line but it will be less slightly less non-conforming than at present all other setbacks will comply Building height complies building the site coverage is uh well under what is allowed um there will be no uh Hazard or congestion to traffic or and the view is not going to be um is going to be minimal parking is adequate uh flood plane regulations are obviously important so the house is being elevated as I said all runoff will be contained on site and the Conservation Commission has granted an order of conditions for the proposal that's on the plans before you um with that with that and recognizing that Mr the chairman would like to get that ball game don't you feel hurried I'm not hurried but you know stay here all night if want well no now some of you are have been here long enough to remember when my father would go on and on so I'm going to try to at least on this case shorten it a little bit if you have any questions we're here thank you very much thank you all right let's be fair here we're going to mix it up a bit Mr Frey any questions of our esteemed colleague in front of us no it looks like a really nice addition and um I mean I basically support it but I do have a question about the um the side set back um I would have liked to have seen the pergola come back a little bit more than than you're looking at right now so I don't have a question about it but you know getting it back since it's so non-conforming now I would have preferred to see that happen maybe to 10 feet or so um but I don't have any questions all right Anthony no uh you know I drove by the property and viewed that I see what your intent is I I don't have any questions for are you all right Mr AO yeah I share the same concerns that Jay does as well why can't you bring that pergola back to 15 ft why can't you comply with the setback over there if you do as I mentioned the family spends a lot if through the chair so I I'll get to respond I know not everyone has spoken yet is that okay to respond sure okay great um uh the family as I said they spend a lot of time outside they really enjoy it outside and and if you pulled the pergl in the deck back that far it would just really as you can see on it it would really reduce the availability for the family to be out there I I will note that if you look at where the driveway is that driveway is still even closer to the property line than than what's proposed and it does come back it's it's slight Grant you point point4 of a foot but it's it they it is coming back a bit there is also a shed in the back that's even closer so there's still you've seen the neighborhood you you you know on that corner um you have so I said the driveway and the shed are still closer this comes back a bit but they were hoping to just be able to retain the deck in pergola space because it's so important to the family well I'm feeling that it's not substantially more detrimental well I can assure you that if their next door neighbor came in and wanted to build a deck in a perlara that was going to be 5 ft off their lot line of buting this property I would not approve that well and and if my and if the crooks were proposing to construct the deck in a Perle of 5T from the property line when none exists I wouldn't expect you to approve it again this has been there for decades and so again it's it's that's why we're under 10432 requesting your review as to whether it's sub by m by making it slightly less non-conforming and not increasing it certainly is it even if you feel that it's detrimental because you wish it was further back does it rise to the level of being substantially more detrimental which is the special permit standard and respectfully would suggest that it doesn't in this case well I guess we'll be the judge of that right that's why you're on that side of the table that's on Mr chairman that's man Johny I've got the same concerns I mean we're building it from scratch right so why why why can't you move it to the back of the deck or just in another location um I I just asked them that question cuz I'm the lawyer I can't answer that question yeah I mean I'm concerned it's 5et come to the microphone and tell us if you'd like oh they're talking first then I think somebody will Mr chairman thank you okay um um [Applause] do you have a a Conservation Commission statement of conditions in your file because I can't see I have a copy of it if you do not Mr chairman no I I'd need to see that before I have any this is it I got this on my file okay I have the order of conditions here if it was just issued on April 20 document no no it's they're 11 page State condition in this case you know the area there there's not water around the property but it's in you know because of the because of the FEMA map so so it is being elevated it's not being elevated a lot in this case because but it's enough that it complies with 2 feet right top found compes exactly exactly and and to to address the concerns that um uh there were um they about made a decision on that question would the board be willing to um you split the difference if they pulled it back to 10 ft so going from 5.4 doubling it to 10 ft let's get all the questions out before we start negotiating a resolution okay [Applause] F you are you done he's good are you done well I'm just waiting for the for the answer and that was the answer yeah no Mr chairman I only said that because three of the five board members express the same concern so that's why I was responding to that oh he asked why you can't move it to the back of the house to the back I'm sorry I thought meant Oh to the back meaning to the back of the deck even the backyard yeah right just move it off the side you know think most decks are on the back of the house yeah he saying can you put the pergola here or move put it here I I don't Mr I'm not sure we can redesign that you know I don't know I don't know how it might impact the septic system or or something else Mr Manton I mean you know you what they were trying to do as you can see was to mimic the shape style feel that it's been for many decades so that's why they prefer not that's why I think they kept it in that position um well but but but you know um yeah I'm going to give you some insight to my position sure please I I I think that's such an incredible on a sine you say again Mr I think that is such an encroachment on a sideline okay when there is the opportunity to obviate the uh non-conformity okay I'm listening Mr chairman get that done and then we'll do okay okay hold on lot of discussion about attack so you know my feeling is is that when when we are presented with a special permit request ra and replac if we can reduce some of the nonconformity that's what our job is MH you know because we could say no we want a full Sid line a side yard there m and it's unfortunately on a on a is it on a corner it is a corner lot with so you know you're talking about a front there right uh no this is not one of the fronts oh okay but but anyway I mean I don't care where it's located it still can be reduced the nonconformity can be reduced and I appreciate that it may have been there for eons but that's not what our job is to support what's been on the ground for the last 100 years our job is to improve where we can while sticking to the letter of the zoning bys so you know if we stuck to the letter uh there'd be a whole problem in terms of access of the that deck through the house and I understand why you've got it there makes sense to me uh physically but we've got a by law support so I I got to tell you I couldn't support it this evening and that you will do whatever you want with that information we can bring it to a vote or we can entertain a motion to continue but I'm going to give you some insight as to how I might look might look at it different and I wouldn't look at it different on a prom Center prayer I want to see a plan okay and uh what I want to see I think everybody should see these statement of conditions from the from the uh uh Conservation Commission so they're all aware of what the conservation commission's concerns were and they're not they're not you know abrasive to the homeowner they are fair conditions there's nothing exciting there but I think they all should see it okay and that's not in our packet so I'd return it to you and ask that you get five copies or however many copies R they usually want so that can be in our packet the next time we speak unless we move forward with it tonight I would be okay I'm still listening I would be okay with uh you know a substantial move back off the street but I I wouldn't expect that you'd comply with the uh you know sideline requirements for this slot I just something substantial four four feet don't do it for me well okay just just so you know this the from the this is an interesting in contrast to your first case tonight this is a corner lot the house though complies with both front setbacks so so that's not an issue it's the side one of the size setbacks of what we're talking about um you know so you know right now um we're 5T the requirement would be 15 you the current requirement it wasn't the requirement when this was built but the current requirement is 15 and the question is you know what might the board again you want to see a plan I appreciate that you want copies of the or conditions no problem with that um you know well I was speaking so let me tell you what I could support please 10 feet let me tell you what I could support 15 ft if it's 15 ft we don't have to be here exactly that's right but I don't know why you're here anyway you got two sliders coming out the rear what's back there you can put well the septic systems back there you put it right over it okay is there anyone else who would like to chime in chime in I agree with Sean I think since we're starting or building this from scratch there's no reason not to meet this 15 F guyline okay your thoughts at minimum 10 ft but uh I agree with them that if we're doing redoing this this is a rais and replace we should do everything we can to conform and that's not unique to this petition and that's the stance we've taken in many projects not to necessarily not you haven't taken the position that a project should absolutely conform you you've you've said tried to lessen it substantially which is what you're saying um but a couple members are saying make it conform that that's would be a position that I think might be a little beyond what you generally look at with a special permit well what would you like us to do tonight because you've heard that you're not going to win the vote oh well no I ask for continuance but I didn't know if Mr would like to weigh in on that uh no I'm in Conformity with the board on on this if it's possible to become more compliant I'm happy to urge that all right um no we appreciate I'm not we're not going to ask you for a vote right now we'll ask you for continuance you know so we can what purpose uh so we can consider what you've said to us and the chair's request to submit a um got more copies of the order conditions I'd like to make a motion feel free I'd like to make a motion that we approve the request with a 15 ft setback once again why why would he come to do that yeah we wouldn't need that he wouldn't need to come then uh I I I I don't see why we're continuing it for what purpose because he's asked to uh modify what is being offered to us and perhaps when you see it you'll feel differently we've always granted continuances like this it's not a big deal well we just have two members who are asking for 15 ft who are not going to vote for less than 15 ft so I'm not understanding what the need for continuance is they can't get the vote so that means if you come back with something unless you're just shopping the board and hoping that there's a different member sitting well you can't do that you're the sitting board well there might be people sitting differently at the next hearing well here's the deal there's a motion on the floor is there a second hearing none got nothing to vote on now where are we you moved to grant them a continuance I didn't move to grant them a continuance you didn't no I moved to Grant the relief requested at 15 foot setback oh okay I mean I'll make a motion to Grant the continuance is is there a second you want I'll second can I point of order Mr chairman I appreciate it um the applicant would be willing if the board would entertain instead of a continuance a withdrawal without prejudice okay that's absolutely fine that makes it easy for us I'd like to make a motion to allow the petitioner to withdraw without prejudice second can we do it on a Voice vote please all in favor of the motion please indicate by saying I I those opposed carries unanimously therefore the petition has been allowed to be withdrawn without prejudice brings us to our last matter don't don't wand to fire there mister I'm not going anywhere thank you thank thank you for your time on on this one you're quite welcome oh my goodness we might make it I give this to you de young lady no we need to keep it brings us to our last matter petition 510 7 TNC Holdings Inc also known as Sandbar Holdings LLC and Sandbar Management Inc concerning property located at Route 28 West Jou uh between numbers 492 and 518 our applicant this evening seeks a special permit pursuant to 104.3 point2 sub paragraph 3 and four excuse me my voice is failing me um to redivide L further develop up the created Parcels attorney singer is appearing on behalf is that correct that is correct well good to see you again what are you going to tell us hi good evening for the record Andrew singer attorney on behalf of the applicant with me at the table is Karen Healey project engineer and in the audience behind me is Joe marama owner of the property um we were before you looking at these three dilapidated motels a couple years ago maybe um and there were some concerns that the board had raised there was both legal and and and what it was going to look like so we withdrew at that point and we told you we're going to we go back to the drawing board it's taken a little while but we went back and so we have a revised proposal for you this evening um the upshot of The Proposal is that those three eyes sores will come down and what we're proposing on the plan is that and you can see it there is that a a new conforming commercial lot that would be in the future developed with a principal building principal use principal parking subject to site plan review board of appeals whatever it needed you know whatever a a conforming lot would require for relief in in Yarmouth would be created um and again if you grant us approval we also have to go to the planning board you know because they they would have to actually create the lot but we're proposing to take these three lots and redivide them into two lots one lot is this conforming lot up front and the other lot in the back is a non-conforming lot that would be attached to the water park property for um reconfigured and some expanded parking you've granted some relief back in this area before for some limited parking back here um what we would be proposing in order to screen the parking until such time as the front lot is actually developed would be to continue the white fencing that is at the park all the way around the conforming lot so it would just look like you right now when you drive by the water park you see the fence you don't know what's really well you you'd Mound it the same way is that what you're saying uh no we're not considering mounding it there because that's on the that butts right up to the the main hotel and that's not it's not Mount the side of the driveway so no the idea would be not to continue that mount because it would just be out of place right there but it would be shielded and protected and screened and attractive and the parking for the expanded parking on the lot that would be uh used in conjunction with the water park would be fully screened from Route 28 um the so we're asking for special either to amend the prior special permits or new relief um I I submitted the or both um I submitted copies of Prior decisions for the park that involve the various properties um we would respectfully submit that this will not be substantially more detrimental um mostly in part because the three pre-existing non-conforming motels all which which every building on all three of those lots I think is non-conforming I mean they're they're kissing the property lines and so all of those non-conforming setbacks are going to be completely eliminated and when the front lot is redeveloped there can be no non-conformity it's going to be a brand new lot with brand new permitting under the town so it's going to be 100% meeting setbacks everything you know parking Landscaping building Etc so we are eliminating new numerous non-conformities and uh additional curb cuts and we'll be replacing it with future Redevelopment UPF front that will conform to everything um it will also and this is important I think Mr aigo you if I recall correctly you had raised uh this question uh with a prior proposal which is you were concerned that the building we had shown on that uh plan was not a principal building and it wasn't really it was an accessory as part of the park what you'll have here fronting on route 8 now when it's when it's permitted is a principal building it has to be because it's going to be a principal building on the lot itself and so we submit that that will address that responsive to that concern that not just you but that responsive to that concern about wanting a principal building and development up on Route 28 in place of the three Motel properties that are there today um Public Safety is going to be enhanced we're going to as I said we're going to close at least one more curb cut and the secondary erress so what's what's what's there today you know the property so on the if you're looking at the property from Route 28 all the way to the left there there is uh an egress for the water park that would stay it' be reconfigured and Kieran can discuss any of the tech is that over this property yeah oh yes well well it it will be part of lot two the non-conforming lot that we mentioned so lot one will be the completely conforming lot that's outlined in black on the plan the non-conforming lot would have a piece of Frontage on route 28 it would be that driveway but then the rest of that lot is in the back and it's an odd shape in the back there are some angles back there I'm little confused where is this other lot see here's the problem um well people at home want to know so how do we do this so that we can uh well it's shown on I can just I can just point it out on the plan from here sure so the the that's the conforming lot and in the non-conforming lot you can see the Triangular marks and PA it it's right there so it goes in the back as a triangular uh it's a sh it's a lighter line um but it is on there coming back so where your proposed parking is is the non-conforming lot yes correct that the parking let me sorry microphone the parking that's shown that's in Black that's darker that's on that non-conforming lot that non-conforming lot is a parking lot correct it'll be to be used in the what happened and we've done this on plans and kieran's done it several times is when if you approve it the when the planning board when we would ask the planning board to approve it they would approve the plan and they'd approve lot one as a conforming lot lot two would be approved with a note that said this is an unbuildable lot to be used only this is a separately unbuildable lot to be used only in conjunction with the adjacent property can can I ask before we go much further why are we here tonight it isn't the logical place to start when you create a new plan the planning board not when there are zoning issues that that create it because a planning board um under chapter 41 has to approve certain things that meet certain criteria but under the um I think it's the SMY case um if a planning a planning board's approval does not Grant any zoning relief so if it creates zoning non-conformities or exacerbates them then you're then you're losing your grandfather's status by going to the planning board first so that's why we have to come to the board of appeals first okay just seems to be a circuit to this a route that makes no sense to me under 40 it's it's important under 4A because of the grandfather protection how the grandfather protections are are interpreted under the law thank you thank you um so we're going to start questions by our members in an order okay yes we're going to start with Mr AO any question to our petitioner yeah I do where's the frontage for your lot in the rear the only the frontage is the so you don't have adequate Frontage oh no so you seeking variance relief for that no special permit relief only CU it's only going to be special permit relief for this a newly created lot that doesn't have the requisite Frontage because of the not because of the process that's typical Ally done with the planning board that I mentioned which is there would be a note on the plan identifying that parcel as not a separately buildable lot to be used only in conjunction with the adjacent property so you can't use that property unless it's used with the one out front that's what you're telling us no no the no the water park property oh I see you're going to you're going to take this and put it over there correct correct okay um and this future that you're building here how do we know it'll ever be built on just because we create a lot you're saying that by creating a lot you also are entitled to create a parking lot what you're doing is you're creating a parking lot you're taking down the hotels knocking them all down MH you're creating a new lot that might be or may never be built on and right now you're asking this board to allow you to just use the property as a parking lot is am I understanding that correct no okay then tell me how it's different it's it's different because we're not looking to put parking on this lot I didn't say that I'm asking you what you're asking for tonight you're talking about creating a new lot right a conforming lot you're not going to build anything on it right not yet you're saying that sometime in the future it may be built on we are going to build on it well then where's your plan two years ago when we came back here sewer was not approved at that point well again we got to get a microphone in front of you okay well and if people are going to talk they need to speak into a mic my my logic here my my thinking is you don't have any type of a new structure that you're proposing the only thing you are proposing tonight is the same thing I think we dealt with a couple years ago that you just want to knock down all these buildings and use it for parking that's my interpretation if I could M I don't think that's allowed under the bylaw there is a significant difference between what was proposed two years ago and what is proposed tonight M when we he two years ago we were proposing a building toy feet from the street and parking adjacent to it we're now proposing the closest piece of parking at 175 ft for Mo 28 there's also going to be a fence running along the front so none of that parking will be visible which CB Cut's going to be closed this one right here and this one right here there are three hotels there right now we're closing the beachway okay and the um gotcha bayl and the traveler will remain the one to the West is not being closed though right right the two in the middle hour and the one to the West has been remain okay thank you so the relief we're looking for is to join this parking area with the park mhm there's no relief required for this in fact the lot is actually double the minimum size lot required for commercial property and we let me ask you this question you say no relief is required for that uh that lot you're creating but it you do need relief from us don't you to create that lot to create the back lot and use it in conjunction with the park that's the special has the planning board approved this front lot no for the reason that I said we I understand that but you're you're saying we don't need that's not a lot in in my view that's just just cuz you come in and say it's a lot unless we either Grant you relief to create to be created right yeah well somebody's got to create it correct not it's not us so you're asking us to Grant you relief on a lot that hasn't even been approved to be created yet that gets back to the conversation about 48 if if we go to the planning board first and and they approve a plan then we have three pre-existing nonconforming lot grandfather lots and under the gold other cases we potentially we threaten that grandfather protection unless you submit a plan to them where you merge the three lots isn't that ultimately what you want to do to go before the planning board and say we're making one uh lot out of three that are now exis no we've going to the planning board to make two lots out of three that are there is it whatever you go to the planning board for I am really not impressed with the fact that this is here before the planning board has considered a mod a modification to the existing plans of record and I I'll tell you tonight I can't support anything on this without planning board saying that the proposal for the uh alteration of the Lots is something that is acceptable to them it's theirs Wick okay and and hopefully they'll come back and say you know we got no problem with it because I understand what you're trying to do but I I just don't know how we are the first people in you tell me that's the practice I don't agree with it and I would just add one other thing too you knock those buildings down you leave them empty for more than two years and I'm not of agreement that that lot would be a legal lot at that point oh you're absolutely right if you knock down pre-existing if if you if you do not use a pre-existing non-conforming condition for two years continuously then you lose the status but what happens then let me ask you a question what happens if we grant you your relief tonight we're not approving that lot you come back in 3 years and we say you abandon that right we don't what we approve it we don't need relief yeah the front lot when it gets created by the planning board ultimately cuz we're here really for the back lot the front lot when the motels are down you wouldn't you we're voluntarily giving up the non-conformities at that point but how do you create it you told us you're not going to create it cuz you're not going to the planning board well no no no if you if and again we might have a a difference of of opinion of the order but our plan I said this in the summary is that if this board approves the amendment of the special permit our next step is the planning board we file an application with the planning board cuz then I believe we can do that without threatening the grandfather protection the lots that are there today what do you need the grandfathers for if you're not going to use them anyway are you're going to build something in Conformity yeah on the front lot yes what do you need those for if you if you said you're you're going to you're not going to need those anyway you're going to give them up why why because as they are today if you to to take Mr igo's point if you went in tomorrow and knocked all three buildings all more than three you knock all the buildings down right you now have three very non-conforming Lots right they're all really like bowling alleys you know different couple bowling alleys and a weird thing around it you knock those down tomorrow what you wind up with arguably is three unbuildable lots because the grandfather protection would be gone buildings are now gone for more than two years under this hypothetical we're discussing and you could only reuse the Lots if you could make them conforming right you know so what you would do is you would do frankly something like this merge the Lots you would merge the Lots into one and what we're asking to do is to not merge it into one but to merge it effectively into two whereas the planning board that decides that no I understand on that but so all right tell me so if you think I'm wrong on what I'm about to say please let me know I did go ahead no I'm not trying to be a smart ass to you I respect you tremendously but here's the reality I'm not going to vote on it I'm not asking you to vot if there's another person that's not then we just spinning wheels no no so here's my question before so here's my question I come to you the planning boards approve this this is a question to you whether I even need to come okay if if the planning board has approved these Lots so a conforming lot in the front and a non-conforming lot in the back to be used in conjunction with the water park do we need to come to you to amend any of the prior water park special permit to expand the parking I'm sorry ask my you said ask Mark Mr chairman what did you say haven't you abandoned them wasn't it more than two years ago we granted relief on this no we haven't abandoned anything the hotels are there they're when when was the grant of relief from this board concerning these Parcels we didn't never you granted some relief in the back to park in the back part withw they withdrew that part okay yeah that part oh yeah yeah two years oh yeah we we acted substantively on it okay oh no no you because you had those concerns we withdrew to go back to the drawing board we're now back from the drawing board there are still concerns um I'm not gonna ask you to vote tonight Mr chairman don't don't worry about that I'm just trying to understand and if what Mr AO said if if you I'm happy to meet with Mark GRS you know and and and and if he says that we can if the planning board approves this we don't need to come to you then we won't come to you but what I you guys have done a wonderful job down at that Park it's an absolute asset to this town in my opinion and it's it's done Tastefully and without uh causing the uh uh anybody driving down Route 28 uh uh to become too interested in what's going on you've done a great job we want to see those three buildings come down they're an isore they're non-performing isore on Route 28 our only real Commercial Drive you know so we want to see them come down we know your owners are going to do the right thing about it but I think we're putting the cart before the hores okay so if we're going to withdraw tonight or if you're going to ask for continu let's do it now because we don't need to spin our Wheels consistently and constantly right am I right there Jay Mr chairman since we're the last thing on the agenda I don't know if there's any members of the public that you I just well I can ask you want you want me to invite the public to say just I'd like since we've heard your comments I'd welcome hearing any other there may not be any but I'd welcome hearing any comments I have one quick question please Mr with this parking lot uh lot do you plan to expand the park into that in the future or is it the back lot yeah oh that's on the plan right tonight that's that's what I thought we needed relief that's the water park that's the that would be water so are you going to expand the park with rides or attractions no no no no okay no just parking it's going to remain parking oh yes okay yeah the park part is on the other side this air this side is the parking right cuz you said you were joining it so oh just for use purposes yes no no but not to expand the park itself this that's not part of this all right very good thank you now what is it you want you want if we what are you asking us to do tonight well I mean is there going to be issues what we came in looking for was if we needed to modify the special permits that were granted on this property by adding this parking area to it if we needed approval from this my opinion is you need a variance for that a new one there's no way you can amend the special permit you're adding a lot that's not even a legal lot you don't have the frontage on Route 28 if I could stop you there we have a legal lot if we create this it wouldn't be a legal buildable lot there's a substantial difference we can have a lot that no reason for this dialogue if you're asking it to be withdrawn or continued why are we arguing something that is important we're just trying to understand when we come back what we be want to waste your time we're trying to address your concerns you know I I think you deal with Mark first and Mark will tell us why he he doesn't agree with the uh prospective uh uh con entertain would you entertain a request for a continuing so we could talk to Mark well you can but I can tell you I'm not going to support a special permit request on that I appreciate that I appreciate that but I'm still I I just like to try to you you there's been a lot things if you're going to come back and you're going to look for Relief relative to the water park that I want to discuss relative to if because if coming back to this I also want to talk about some things in the water park cuz that's going to be an issue yeah okay would happy to hear what those are if you want to one them is that ride that you guys put in the back right corner a couple years ago when you came in I didn't realize the scale of what you were putting back there I don't think any of us did we were a little bit fixed on it was only a couple feet higher that's a pretty massive ride that's back there and it's very visible from any vantage point that I've seen and I'm sure the neighbors to the rear I think you should take into consideration doing something about that to screen that from the neighbors and from Route 28 BM is an we are in that process Ares are going out well I'm just telling you right now that if if I knew what the size of that ride was that you were going to put up if I knew it was that big I would not have supported supported that but it's there and we did support it and it was built per plan I mean you know built per plan but sometimes it's a little difficult to understand the scale of what we're approving okay no I appreciate that this while it is a great benefit to the town and everybody loves it I think it's getting pretty big all right and I would take another note too yes please you keep knocking down all these motels not only you alone but the town of Yarmouth they're knocking them down on the South Side you guys seem to be knocking them all down on the north side 28 we don't allow motels to be built in this town so we should no we don't well there's a cap but I thought they were I I don't know not to my what is the cap when the Zone in law changed back in 20 years ago now 18 years ago now motels were allowed loud use we need 10 uh 1,000 sare ft per bedroom as long as it's in the hod1 or HM O2 Zone motels are allowed by right as long as you got the land area we we only have Town seems to be taking them for affordable housing so they're disappearing we only have one commercial Corridor I think we should be mindful of that okay but anyway that's not before us tonight that's another disc sharing that with us thank you cuz you're you're taking away three right here under your proposal I don't know where you're going to build a new one if you need one but maybe you can somewhere yeah hopefully can strike that all right we unless if if there are no other if we're happy to take any questions you have we'd also would offer if you willing to continue us so we could try to regroup and rethink this you're asking for a continu I am asking for a continuance is anybody prepared to move to uh for a continuance I'd like to discuss the matter of a continuance if we're going to consider it why anybody prepared to move why are we going to why would we consider a continuance so that while we're before you and I'm not saying you'll ever approve it and I'm not saying we won't come back and ask to withdraw at the next meeting but we're sitting at a table before you and we'd like the opportunity if we talk to Mark grills and we do something that we could come back to you and you you know not all the members may feel the same or you may all feel the same but we'd have a chance to well the planning board acts I maybe not I I don't know that's why I want I'd like to talk to Mark if we withdraw then we have to refile brand new if you're continuing continue us for a month and a half two did you talk to Mark grills before you put this plan together yeah he knew I didn't anticipate this particular concern that the board is expressing and I don't think we we anticipated at the building department because you didn't anticipate us our concerns since you talked to Mark what did you talk about well well no I when was the last time we spoke with Mark um this this has been in process for a long time so I don't remember the last time I actually spoke to Mark about this but what we dis what we had been discussing as with you again in my experience that I've done it's always been you go the plan board of appeals first and then the planning board I'm not trying to belabor the point this evening no okay I go I just you know we have a lot of petitions to address I don't mind continuing it you guys have been you know straight up all the time that you've come in I'm not trying to pick on you guys but I just want to make sure it's substantive you know people want to convince like the last guy he wants to continue with for what if if you have some you got something in front of us what's going to change you're gonna come right back in and ask for the same thing and say well Mark said this if Mark says something then you know he should put it in writing and maybe he will I I I think what he said is you need relief and that's what we've applied for but and maybe that's why I'm asking for the Contin so we can have time to just figure this out it's it's a confus it's complex lot and you're raising complex issues once once I you go to the planning board can't you submit a uh an anr plan what's the Rel board yes planning board right yes plan there would be one buildable get the approval come back to us okay but if we do that at least one member of the board has said I don't care I think I don't want to put words on your El but I think this is what you said I hope I didn't use the words I don't care but go ahead oh yes bear with me there are four others of us on this board no I understand that um but but there's one who's we've been having the dialogue with the most that's why we ask for the continuance Mr chairman so that maybe we come back maybe before do when can we when do you want to come back and then we'll have ask for a motion to allow okay so I'll ask oh I'm sorry is anybody in the public well let's get the date first because if you're not going to be available we want to hear from you tonight right um last meeting July first meeting in July Mr chairman July 11th all right is anybody and our audience care to speak in favor of this petition if so come to that microphone tell us who you are seeing none does anybody care to speak in opposition to this petition please come to this microphone and tell us who you are I'm Sandra Armstrong I live at 23 Coachman's Lane um my property does not AB the water park but I've watched it grow through the years and even though I think they're doing a good job offering a way to entertain the tourists and so forth it is becoming an eyesore to our community you know it it was said tonight that the um concerns were about 28 and what it looks like on 28 what does it look like to us who have our homes there who want to raise our children there who are retiring there and want a community that is Pleasant to look at and honestly they're beautiful new rides I guess they're called right now but they're monstrosities and you know you say you're going to plant arbores arbores don't grow that tall they will not hide them are going on top of the burns well I haven't seen a burn that discussion okay anyway I mean I would appreciate that and it could happen but all I'm saying is that I don't completely know how these committees work um I am just really really shocked to see what has already appeared in our community in our neighborhood how did it happen and that's what I want to prevent that it goes even more beyond what it is controllable so again is your name Sandra Armstrong and where do you live 23 Coachman's Lane okay anything else um no no I just I just want to say that you know I I understand our community of you know that we need our tourist industry um but we do have residential people living here too so I just want to see that balance and I don't think we're getting the balance right now with what's growing out of the park hey thank you thank you very much anybody else sure come right to the microphone tell us who you are no my name's Paula hour back I live at 53 Beverly Road last name again our back like red a u e r b a c h so um that new ride that you referred to I mean is a monstrosity it's in people's backyards and you you can see it from any end of like if if you come from Coachman's to rig road you can see it you can see it from 28 it's in people's backyards um I think that that parking lot is going to be up against my property there's a small wooded area um initially when this group came like two years ago you said all the rides were going to be closer to 28 but again that new ride is closer to Beverly Road and I have concerns about the noise my privacy and my property values is there a buffer on that backline between the park in your property there's a small wooded area and all there is is like a a vinyl fence yeah so there's going to need to be something more substantial okay thank you so very much does anybody else care to speak in opposition to this petition my name is Gary Armstrong I have to back up what my wife said but I'm mainly concerned about the noise I didn't buy a property to be bombarded with noise uh so far it's only been construction but if [Music] this game this uh tube thing keep moving and I heard tonight that is not but if it does expand it's only going to expand in our Direction C and we have a 4 Acre Wood lot behind us that belongs to a motel and if that Motel should happen to sell to uh the Water Park property for any given reason then it's just a total Fiasco from there on in I'm not opposed to kids having fun I'm not opposed to a water park either I've actually used them but we do have a bit of concern regarding the noise I've had to talk to motel people about the noise in the past I don't appreciate doing that I don't want to do that but I didn't buy the house to get a set of headphones to be able to think I have my office in the house too okay thank you very much anybody else yeah I'd like to raise your hand come on up Gordon Ty TI 68 Beverly I uh across the street I'm looking at that new structure they have up I hear everybody talking about how they want to make it exetic very beautiful from Route 28 but nobody said anything about except for one gentleman about the people on the other side the back and what's going to be done uh noise kids having fun in a pool I'm used to that I have no problem with that we have spent the last four months whatever it is hearing beep beep beep beep beep all day long and uh I don't know what the noise is going to be like in the future but I agree with them there should be something done to the back because it's not looking that good right now okay all right well thank you but I do want to point out to everybody that just spoke that those rides back there that you're mostly complaining about are in fact the subject of Prior relief that was granted and we are not uh you know even dealing with that we're dealing with a whole separate issue tonight but I do appreciate all the insight because I've heard Mr AO say that if he considers any relief on on uh this he he's going to uh consider the ups and downs of that project that's causing everybody so much concern so I wasn't on that board I somebody approved it and and uh you know it is what it is go ahead could Mr M just he asked he has a microphone is there a motion to continue not for me I asked but I can't make a motion oh I'm sorry did you ask for continu I did to July 11 anybody prepared to make a motion on the request for continu like to make a motion matter until July 11th for further hearing okay is there any a second to that Mr fre that we have new information all right to uh what is it 7-Eleven yes for um with condition no it's birthday that new facts that new information is provided he yes all right that motion stay married anybody oh uh let's have a roll call vote on it nobody wants discussion on it do they we need a second on that Jay seconded one question I may have problem making that time that date yeah 711 yeah well I'd love to see this board's constituted just the way it is tonight for that because you know every particularly I I think you've been had great Insight in the past on this par are what's what's the one after that well the one before is June 27th if you'd like to do that that' be fine that okay is that okay with you it's fine by me okay with everybody here can can you amend your motion to 627 627 sorry do you amend your second on that yes all right 627 is a motion made we're now going to take a roll call vote John I Sean hi Jay I Anthony I and I'm an IAH Carri is unanimous we will see you then thank you very much we appreciate your time oh sign an extension agreement for um the minutes yeah let's get to the minutes everybody everybody read them of course you did make a motion to approve the minut Mee I'm to abstain from the the vote motion to approve by Sean and I second you are you gonna doing the minutes first okay I wasn't here for them so you guys work it out Sean made a motion I second okay so have a vote all those in favor I I I didn't attend the first I 14th we have another one no just that one just those okay and you had that board members request for reopen that one item oh oh yes let's uh let's have a discussion on that the agenda uh yeah it's under other business um I don't I think this request for reconsideration this is on a um petition that I don't know that we denied it or he uh with Drew it I'm not sure I think you approved it and oh we approved it with a condition I I think we may have been mistaken on what he was actually entitled to for Relief we didn't have a documentation to show the averaging of the neighbors yeah the we it was a setback averaging uh issue and and I actually uh learned something new as I generally do every time we sit uh that was no exception but I think that if we were to bring him back uh for further hearing and applied setback averaging to what he requested then I think it may be likely that we might either amend or approve what he requested I would agree with you if we get the documentation of what the averaging is based on that was the one thing we didn't have one excuse me Mr chairman I believe he does have in fact stamped plans now with the setback averag he he he's got that so um could could we put him on an agenda we could put him on May 23rd we've penil them pending and what what is this for what just specifically what is it's for setback relief to reconsider uh yes well board member that it took was the fifth member that night that I should step back for who was the member that night Mr rgo Mr Martin Mr Freer Mr n and Mr it was the 14th of March all right so I'll sit I'll sit I just need to you can it it's it's yeah it's a pretty straightforward it is just shoot me the uh the date we please yeah okay um but like I said I I think in all fantasy to the petitioner I think it's something that we should uh meet and reconsider I agree yeah I'm happy to do that boy when I hear three intelligent board members all agree they want to rethink what they did I'm impressed you guys are really honest let me tell you good let's do it okay so we'll put him on for 523 I'm going to have to appear remotely I'm going to be a away [Applause] you're going to be away I'm going to be away but I'll I'll zoom in and oh okay spend the evening with you well it's a delightful evening just don't plan any social events in my ab we do have two sets of meetings here minutes here I think yeah is that right no just one so move to move to approve who's doing no hold on wait a second go ahead second there's only one set of minutes the other minutes you have are related to this item that you're reconsidering sorry or or about to reconsider I believe right someone needs to make a motion about voting to reconsider and then we'll reconsider I'd like to make a motion to reconsider petition 5090 and bring the matter back for reconsideration second Mr mtony hi Mr AO hi Mr Frey hi and uh Anthony hi and I take no vote no position on it cuz I wasn't there that passes unanimously on a 40 vote so we'll bring him back for 523 I know he does have plans so we'll just do that then we'll have him come back we'll have another chat about that all right are we done move to a Jour okay we move to a Jour so we have a jour