10 degrees so uh recording in progress you didn't have that man oh anyway evening everybody can you hear me uh we can hear you mr chairman if we could everyone in the room please please quiet everyone could just quiet down
we'd appreciate it thank you we've reached six o'clock everybody ready to go yes Mr chairman okay good evening everyone welcome to the regularly scheduled meeting of the Yarmama Zoning Board of Appeals today's date is April 10th 2025 my name is Sean
Iiggo i'm the chairman of this board we have three petitions on our agenda tonight the first petition is 5169 Spinners in South Yarmouth LLC are they present yes yes Mr chairman okay
please okay just let me read this llc doing business is Parker's River Resort property is located at 759 Route 28 South Yarmouth Mass it's in the B2 zoning district as well as HMOD1 the applicant seeks a special
permit per 405.5.2 and 405.5.3 to create seasonal employee housing at an existing motel uh attorney Kilroy is represented can I have each of you identify yourselves for the record please
ray Doug Koig all right good evening would you proceed and tell us uh I mean we are familiar with what you've been doing but uh please proceed and tell us what you've done all right u as as set forth in the application uh we're actually continuing
what has been operated how the the property has been operated the last three years that is uh seasonal employee housing in all 24 units um there was one um uh ma matter that I brought up in a
that I sent in in a memorandum um that u uh we discovered that microphone upd okay um we discovered that uh um the applicant was having trouble finding um
seasonal employees that were operating uh in Yarmouth um and it came up that uh Shadam Bazin had a had a specific need for that and that was why we uh added this this me memorandum asking for a waiver of the u seasonal employee uh uh
requirement in u section 405 um Mr koig is is here he's uh I'd like him to uh give you an idea how he wants to operate this and uh then we can take some questions okay thank you go ahead sir hello good
evening thank you for uh allowing me to be here and I'm amazed that I could draw such a crowd to come about the Parker River Resort but that's You're very popular yes yes i'm very popular so first I just want to say a little bit about myself so uh I currently live in Swansea Massachusetts i grew up was born
outside of uh outside of Boston and spent most of my life believe it or not in Orlando Florida and somehow I managed to come back up here about 15 years ago i currently manage the Hilton Boston Back Bay a 400 room full service resort in uh downtown Boston by Fenway Park in
in the Backbay area i've been in the hotel industry for 40 years now uh owning my own property and doing something on my own for myself versus having to report to people that I don't really care for is really what my mission has been and and I've been looking at properties the last couple
years with Chuck Gary and uh reaching out to him when something pops up and this one really hit me um just because of the location because it's in Yarmouth and uh 40 some odd years ago 50 years ago when I first started vacation in the Cape with my family Yarmouth and the Blue Water Resorts where we used to stay
so it's kind of uh interesting that all falls back to this area and uh I've had a a lifelong goal of of owning a motel on my own and and here we are today so um with this property one of the things that was very attractive to me not outside of the location is the
opportunity has to be enhanced the property has been run uh very successfully by uh Patrick and his family for as you know the last 17 years he's a great guy i'm uh honored to have the opportunity to work with him and purchase this property from him and at the same time I'm just ready to take it
to the next level it's a motel it looks fine from the road but I want it to look better than fine i wanted to have a different customer that's coming into that property i want to cater to adults only um I want to have every room with a king-size bed sata mattresses and go
from a motel to a premium a premium in and with that comes a lot of renovations between new roof new siding uh completely renovating all the interior of the rooms the landscaping so I'm sinking a pretty big dollar into the property which at the same time uh will
provide some opportunities for those in the local area to do some work at the property uh as I go through renovations now one of the challenges I have is that acquiring this hotel just as we hit season i don't have the opportunity to create the website because it's been employee housing for the past three or
four years so I've got to develop a website i've got to get marketing done i've got to get renovations done at the same time I've got a mortgage i've got utilities i got I have bills so I've been trying to locate somebody to come in for employee housing and uh through a couple friends and other people Chattam
Bars came up and their desire to have employee housing the nice part for me is it carries me through the season until the fall comes when I can start to actually go ahead and get most of the renovations done of the property so by April March or April hopefully by March of next year I'll have that up and
running as a as a full premium uh premium in okay um I have a question uh now this is 100% uh occupancy by employees correct that's your purpose
for this season and uh generally in the past we you the owner has worked with the Red Jacket Resorts and it's been all of their employees you're suggesting now that some of them are going to be from Chadam
Bars in Yeah so I reached out to Holly who's the general manager of Red Jacket Resource to see if she had that need but she already had secured housing somewhere else i'm not exactly sure where uh but there wasn't a need for employee housing this year for us so you're getting no employee housing at
all from Red Jacket uh none there was at one point where you potentially needed one room uh but that's gone on the wayside and to be honest I prefer it to be one one business that I'm doing business with just so I have one point of contact to go to should have uh
should there be a need to to reach out to anybody makes it easier for me did you solicit anyone else to uh in town any businesses to occupy those rooms yes yeah and I talked to a couple other general managers in the area just to see
and the only uh uh individuals that were looking at this for rooms at this time were outside of Yarmouth there was a lot of dentists uh businesses that needed uh rooms in the marketplace but you do understand the purpose and intent of this bylaw is to provide
employee housing for Yarmouth businesses correct yes sir i understand and as a general rule we don't allow more than 15% There was an exception made for this property to go to 100% because there was such a need from the Red Jacket resorts
they had no place to put their people so it it kind of worked you coming in and telling me that you're going to bring people in from Chattam Bars in um you know it it's really not in keeping with the purpose and intent of this section of the
bylaw now when did you find out that the Red Jacket wasn't going to be interested in coming back uh within the last 8 weeks when did you purchase the property purchase and sale agreement was
done 6 weeks ago 7 weeks ago did you know that the red jacket wasn't going to be coming in before you bought it uh no I did not i knew there was no contract agreed to with Red Jacket uh because Patrick was interested in
selling the hotel so he did not uh did not discuss a contract with them okay uh when are these people going to be moving in uh somewhere around the second week of May i don't have the definitive date but somewhere between
the 10th and the 15th of May and which businesses did you solicit other than the red jacket in town to see if they needed employee housing i spoke to two other gentlemen i don't know people in this market so let me start there so this is new to me coming and
doing business in the town of Yarmouth is new to me so I reached out to uh somebody that I met through an acquaintance who had mentioned that there was a possibility of I don't remember the gentleman's name that owns the water park down the road that in the past he had looked for rooms joe Morama
yeah you talked to him so uh he bought apparently allegedly what I'm told is he bought a motel or he bought a hotel he did his housing yeah he's got the same arrangement that you do okay so he doesn't need anybody no he doesn't need anybody and then I asked another
acquaintance if there's anybody else that he knew and he made a lot of calls including he called Red Jacket even though I already had spoken to Holly to see if she had any needs and there wasn't any needs that she had he said "Listen I've got four or five different businesses i've got coffees out in Dennis that's looking to uh house
employees they only need five or six rooms i've got this restaurant that needs two or I've got this restaurant that needs three." But it was a smattering from different businesses in the area and again they weren't in Yarmouth not that I don't want them from Yarmouth it would be ideal if I did it's better
for everybody if we did and so uh how many are you renting so you can you fill all of the rooms with chat and bars in people yes two people per room as well which is nice and uh how are they going to travel to
and from Chattam Bars in do they all have their own cars no so they will have shuttles that'll come drop them off and pick them up from Chhattam Bars in so they'll be working different shifts some of them obviously will be working you know 7 to 3:30 shifts some will be
working 3 to 11:30 some of them will be room attendants working in housekeeping some will be front desk agents and uh a lot of them I guess will probably be food and beverage employees which have swing shifts and uh so your your long-term intent though
is to turn this into a back into a a hotel style just motel hotel yeah it's to turn it into really and I say a premium in and that's truly what I mean is it's it's putting a significant amount of money into the property to you
know one is you know to go mini split units for energy efficiency too is to redo all the insulation and I partnered with Mass Save in order to get some of these rebates um to get some of this work done and and again it's just to get it to a premium in and uh yeah I I'll
have an issue if I don't have this ready to be an in by April of next year i'll put that on myself but it will be it'll be ready so this would be the last year that you would be providing employee housing you wouldn't need to come back and ask us again next year that's correct i won't need to come back and
ask you this just gets me through the season so I can pay the bills i I'm just curious do you know where the Red Jacket's putting their employees i don't I didn't ask um but no I do not i was just told that they secured from again from the GM okay i I the reason I asked
is this that seemed to be a great arrangement for them being right down on Southshore Drive having the hotels and then you know your place providing or the former owner's place uh okay I'm going to go to the board for some questions uh Jay do you have any
questions uh just when this application was done it's listed as um the prospective buyer is making the application and so that's that's you correct this is so this was made before you actually own the property is that is that accurate yes
well that was March 13th so it's uh almost four weeks ago um I think Sean asked all the questions i mean I have concerns the only time we've ever exposed have approved this in the past has been for housing Yarmouth
the employees to support Yarmouth businesses so um I understand what you're going to do and you want to you want to be able to pay the bills short term but I have to think about that and bringing people in from Yarm from Cadam is a is a long haul
so um but I don't have any questions dick do you have any questions uh not really i guess uh I'd have a little trouble turning this down especially if it's just for one year
uh considering what we've done before I don't know that the the fact that it's a Cadam business as opposed to a Yamoth business is that uh uh that big a deal so uh yeah is is the
manager's unit is that going to have a manager in it yes okay yeah and I'm going to be at the property quite frequently myself as well okay so they'll be there to deal with any problems that could could result yes uh I wouldn't have any other questions
beyond that okay john do you have any questions i don't have any additional questions everything has been asked and answered thank you okay barbara do you have any questions um how are they going to be transported back and forth shuttles so
shuttle like small little shuttle buses yeah I think like Yep okay all right yep but other than that they they're not going to have their own vehicles no my parking lot will sit empty other than I told them I bring them some bicycles from my house so that they can
Right that's all thanks okay and you've gone over all the regulations as far as what you require of the employees they're aware of what their requirements are limitations restrictions okay yeah and I've got
actually Patrick was nice enough to leave me the details that he put out set forth for uh Red Jacket Resorts and the rules and regulations that are typed out so I'm going to be using the same ones okay all right is there anything else you'd like to add at this time
no I just appreciate it and I appreciate your consideration like I said uh you know my goal is to get this renovated so it's a it's a property that the town can be proud of that visibly coming down Route 28 uh again it doesn't look bad today but it'll look great when it's done and with that comes tax revenue and
people spending in town and you know I I don't want employee housing i manage a hotel and I've been a general manager management director for 34 years last thing I want to do is buy a motel and house employees in there for the long term so again it is just a short term just for the season just to get me by
until I can get renovations going so I truly appreciate your consideration okay uh is there anyone in the audience that wishes to speak in favor of this petition if so please come to the microphone legally
i'll go up hi Mr chairman i'm in the audience uh remotely hold on a sec i'll go up it's not like he didn't reach out to any Yamoth businesses he did he's going to be putting revenue into our town let him
have it for one season so he can pay the bills so he can build the fix the hotel up let him have it come on Yamoth let him have it thank you very much anyone else hi Mr chairman can you hear me i can yes
please identify yourself yeah joe Glenn 822 Route 28 so this is a new neighbor of mine um I just want to endorse it and support it um as was just previously stated um they um they they are a
business i know you wanted to support other businesses um and help other businesses uh he seems to be on the up and up and acting in good faith um so I would uh support it 100% because he is another business that we're trying to
help out and and that section of 28 is uh you know going through a lot of uh problems and the other businesses in that area uh have been hurt so um anything we can do to support businesses of any sort uh we need to do it so I
support 100% thank you Mr anyone else there anyone who wishes to speak in opposition to this petition seeing none okay we're going to close the uh we're going to close it to for
public discussion and begin uh board deliberation uh anybody want to begin a discussion or is anybody prepared to make a motion i have one one other question sure go ahead um when are the when are you going
to start these renovations how's that going to work if you've got people there in the summer so I'm I'm hoping that I can get some of the external work done this year um obviously I want to have least impact to the employees that are going to be staying there too so uh the
roofing I'm trying to work with uh Chadam Barzen and I spoke to them about this and trying to get that done rather quickly uh that's the first part on the motel rooms and then on the exterior there's some landscaping work that has to be done so I wanted to get that done as well um and then as far as the rest
of it goes with the siding uh the back of the building's got probably three layers of siding u that needs to be pulled off we'll get the back of the building done during the summer and then as we go into the fall we'll do the front of the building so I'm going to replace all the windows um all the doors
it's going to have all new RFID electronic locks that go into it so people can do digital remote check-in um and then the interior of the rooms the flooring the furniture the mattresses etc and the bathrooms will all be done October November or November December January February okay thank you okay i
just have one other question uh you have a written contract with Chadam Bars in I do okay and does that written contract cover all of the units it covers all the units yeah i actually am using almost an identical contract to what Patrick had
with Red Jacket it's not physically signed at this point it's just pending the outcome from Okay all right okay very good okay back to the board um so Sean I This is Jay i mean go ahead Jay i understand he needs to make the investment and and hopefully that would
actually improve the property um we've only done this in the past really to support Yarmouth Yarmouth businesses and and the need that they had for housing and the need that they had for um for uh for support so but given that he's got
only one year I would say one year would be reasonable but beyond that I think we should um just limit it at one year well the special permits are only good for one year okay um Dick your thoughts
nothing beyond what Jay just said uh the one-year limitation of course makes sense and uh I know we had lots of restrictions in there before as to how to deal with problems should they result uh and with
the being a manager I'm uh I'm I I'm comfortable with it and look forward to further improvements you'll make next year or later this year okay John yeah I don't have any thing
additional to add just that uh just to be sure this is April 1st through October 31st correct you're aware of that the seven month seasonal Yeah i don't have anything else to add sean okay and Barbara your thoughts um
nothing else okay all right so Sean well it is a little bit out of the ordinary um again the purpose and intent of the bylaw is to provide employee housing for Yarmouth residents however uh I'm I'm actually a little surprised that the red
jacket didn't come back i thought that that's what we were going to hear because we've heard that in the past so I I think this gentleman may have been a little bit caught off guard that he didn't have that big a demand for Yarmouth businesses seeking employee
housing um it is only for one year uh certainly the Chadam bars in is a very reputable business and I'm sure their employees uh are going to conduct themselves as we expect them to um I would suggest that and and it it
certainly would be a hardship to this petitioner if we denied him the inability to uh to do this uh cuz then he's scrambling and he may not have these in shape to rent him out his motel room so and it's only for one year and he is going to be a new Yarmouth
business so even though we're bringing people in from Chadam Bars in we're certainly supporting a Yarmouth business so I can support it as well i would suggest that any uh approval uh be subject to the same conditions that we
put on with the red jacket so whatever any conditions we had in the previous order be incorporated into uh this uh decision as well so Sean I' I'll make a motion to approve the special permit for one year and with the same
provisions that were in the previous uh previous um petitions oh and previous decisions yes okay is there a second to the motion a second i got it second John okay uh any further
discussion on the motion no hearing none all those in favor please signify by saying I i i any opposed hearing none that carries unanimously uh as you're aware attorney
uh uh councelor um attorney Kilroy uh there's a 20-day appeal period that must lapse after that uh once the decision is clocked with the town clerk 20 days must elapse then you can get your special permit please take it and record it at
the basel registry of deeds and return a copy to our board if you have any questions okay well thank you very much for your time and we wish you very good luck with your business attorney
Kilroy will you be drafting the decision do you need a draft from us what will you be drafting the decision or do you need a draft okay thank you thank you very much good luck thank you for choosing
okay the next petition is petition 5170 B alsome J let me try that one again bowsome Childc Care Inc property location at 785 Route 28 unit 9 it's in a B2 zoning
district the applicant seeks a special permit as required per decision 4485 and/or a variance from decision 4485 and/or to modify decision 4485 dated October 31st
2014 for P7A use to allow a family daycare for up to six children the applicant also requests a waiver from the requirement of a certified site plot plan less than 2 years old good evening good evening good evening could you identify yourselves for the record
please um my name is Andrea Piva and this is my husband Douglas Kasa hi how are you tonight i'm great and you okay so you're here tonight for a daycare in your unit um for up to six
children is that correct and you're currently occupi uh you're currently conducting a daycare there right now yes yes I am okay um
well okay um how many children do you have in the daycare now i have five children i have a baby five let me let me check i have a baby who is four months old i have a toddler who is
almost three now i had two I have two sisters one is four and the other is almost three i have a boy who is uh who goes to school every day so he's part-time and and I also have another
toddler who is two she's she's two now so actually I have six kids now okay do you have any children of your own i have two uh teenagers actually i have two daughters one is 15 and the other one is turning 14 on the 27th
okay and they live there too yes they do okay and uh is this your husband here okay and he lives there as well yes he does okay all right okay and what are your hours of operation uh I work from 7
in the morning to 5:00 p.m monday through Friday monday to Friday sorry monday to Friday okay and what are the pickup and drop off times uh parents usually get there around 7 most of them usually get there
around 7 um there is a mom who comes with her two her two girls usually around 8:40 and they come back to pick up their children around 5:00 p.m every day okay does everybody pretty much pick up
and drop them off at the same time yeah most of them okay okay all right okay um All right i'm going to go to the board and see if they have any questions right now unless there's anything else
you want to add right at this moment okay okay barbara do you have any questions for the petitioner um yeah when I was over there I I drove by um it seems like the the um the parking would be tight
um you know with people dropping off and picking up so how do you manage that actually two of my my uh kids are live nearby they're my neighbors so they they just leave their house and come to my house so they don't need a car for that okay the one I told you who has two
daughters she lives on the same street on Civ Avenue so she goes to my child child care walking with her daughters um she doesn't drive actually so I have only two parents who come by car so the first one gets there usually around 7 in
the morning and she leaves because she has to be at work at 75 which is really fast and the second one who goes by car it's usually a daddy and he gets there around 8 8:20 so okay at this time my husband has left to work
so I don't have problems with that actually all right thank you that was my only question okay John so um six children um do they get outdoors at all or they stay in that unit the whole day we we
have an area outside which is fenced 4t tall and we usually go outside for an hour when the weather is good i I think you have the pictures there well that just like a deck on the deck yeah on the deck is the only space yeah I see it
okay um I don't have any other questions at this time thank you okay thank you John jay um are are you rent you're renting this this and do you have did you talk to the the landlord about this and they have
his permission uh-huh okay i know it's a it's a tight tight community i mean that there's like nine or 10 10 units 10 10 units he owns six units he owns six units yeah he owns six units so it's the gentleman who owns the six units yes um
All right and uh um is it how big is this how big is the outside area i saw pictures but square footage wise it's seven i don't remember the exactly footage but maybe I have it here
approximately i think it's 75 ft for for each child i'm not sure we have a little more there i'm not sure if I have it here let Let me see oh no he wants the total yeah but I'm checking if I have this with the the
EC regulation that's right the in the regulation they pay yeah in the regulation they ask us I think 75 ft per child because the EC the EC licenser she has to go there to check everything so she has to measure everything so So I'm
allowed to work there you know and she came in she looked at the inside and the outside she has so the approved license basically covered all yes yes i have everything here i don't have any other questions okay dick do you have any questions yeah
um again it's a as was just stated it's a very small place and in a kind of a dangerous location right on 28 so uh typically when we've given relief from these uh scenarios before they've been on side
roads or at least not at least not Route 28 uh the uh is it the living living room is that where all the kids hang in that no actually I have uh three places
licensed for the daycare so we have the living room we have the bathroom and we have the the kitchen i have this here if you want to take a look at it so the two bedrooms are still being used as bedrooms by by you
all right um So no they they are not allowed to go to the bedroom to the bedrooms no there we go and there's no basement there i know no no uh well I have How How long have you been running
it here uh since September 2023 so nobody never told you that you needed to get relief no no okay um can I can I say something yeah
uh according to the EC licenser in my house inside my house I would have I would be able to have up to eight kids but outside I would have space only for six so I understand where I say it's a small place but I could have up to eight
kids inside my house well I think you're limited to six anyway I only have I I only have six uh well I I know this one I got some reservations on and I I mean I'm I'm glad you're doing
this business i know there's a need for it and uh but this is a tough spot for this kind of business with this many kids in a little I mean the whole total square footage I think on the on the uh unit is only about 700 or
800 maybe feet um and that's tight living tight living and and uh uh and having the uh child care as well but I guess that's
all I have for now okay thank you uh ma'am I you rent that so you're probably not aware the rules and regulations of your master deed okay prohibit any business use to be conducted on that property are you aware of that no
actually when I started having I starting all the process I had someone to help me and I I was never told about that so I talked to the owner of the place to the owner of the house uh and he said
everything would be okay and also the EC licenser visits us uh by surprise to see every if if everything is okay i also work for the system for Commonwealth they always go there they go there once
a month always surprise they went It's always by surprise they went there last week i I I I appreciate what you're saying ma'am if I could just uh interrupt you for one minute i apologize but what I'm reading from here is the condominium master deed and under the
rules and regulations of the master deed of the condominium is prohibited to have any business uses so your landlord does not have authority to allow you to run a business at that site well I got that well that's that that's
the first concern that I have the other one has been echoed by fellow board members uh you know you only you've got very limited parking there and you have to back in and out of CV that's a very busy roadway right there especially in the
summertime and it's really you've got a lot of people in a small unit you said you have six children plus you have your two daughters and you have you and your husband living there now you're not obviously the family's not going to all be there at once but it's very tight in
a very small unit and you really have no outside area and the outside area that you do is your deck that is really butdding up to the other condominiums in the complex so I I mean I have real concerns about
that location the size and the fact that it's a prohibited use in the condominium docks i wouldn't be able to support something that violates a your master deed and two I don't think that you're meeting the criteria of the bylaw because I think this would rise to the
level of an undue nuisance at a congestion so I I would not be able to support that uh I got a a violation notice on the 3rd of March that's when I was told about it
and it says it has come to the attention of the building department that a daycare I have to read that and it says this address is in in a B2 zone which allows this use
according to it allows the use by way of special permit you need to come to us for a special permit in order for you to have that use we have to make a determination that there's no undue hazard nuisance or congestion and that it won't be substantially
detrimental to the neighborhood that's a finding that we have to make i see uh unfortunately I mean I again I agree with Mr martin that I I like your business i'm glad you're doing that
business um but it doesn't work in every single place and I don't think it works in your place aside from the fact that you're in violation of your master deed so I mean you could change the the
homeowners could change that to allow that but of course that doesn't mean we're going to allow that because that whole condominium complex is there by way of variance there's a long history with that piece of property but I won't get into that um is there anything else you'd like to
add at this time no not really okay then we're Is there anyone that wishes to speak in favor of this petition please come to the microphone um there's someone coming to the microphone Mr chairman okay
hi Annie Carr Northro i don't know this young lady from Adam i'm here about the lobster guy yeah but a little conversation I had in the hallway and with some of my fellow people is Yarmouth has got to be kinder
this young mom is trying to make a living maybe she and her husband will afford to buy a house in Yarmmouth one day and let's talk about the parents whose children she's taken care of who live in Yarmouth who are trying to make a living as well i don't know if any of
you people are at the age where you have to pay child care but it's astronomical and if her landlord is okay with it and she's following all the rules she's dotted every eye crossed every tea and you're still going to bust
her so move to Dennis sweetheart or move to Hyanas or move out of Yarmouth because Yarmouth ain't friendly no Moa okay thank you ma'am anyone else wish to speak in favor of this petition come to the microphone and
identify yourself seeing anyone else everybody's in support of this young lady give her a hand okay anybody wish to speak in opposition to this petition come to the microphone
seeing none all right we're going to close this uh petition to the public and open it up for board discussion dick I've heard your concerns uh Jay what do you think it's a tight location i know the needs
there etc but this is a bylaw the town voted in place that we're supposed to uphold so you know I'm I'm uh I understand i'm concerned about it i I feel I feel for the the residents as well as the um as well as the operator but you know it is a tough location
okay you've been there for two years with no incident um I'm concerned about the size of the unit uh we're looking at spending uh six children plus yourself uh in a living room 190 square ft in the
kitchen which concerns me as well kids shouldn't be running around actually I have five kids during the day because one is a part-time student so he goes there at 7 at 8:40 he goes to
school so by this time Excuse me ma'am i'm sorry i don't mean to cut you off okay this petition's closed to the public comment okay this is for discussion only right now i'm sorry you're not allowed to speak anymore go ahead John yeah so that that's my
biggest concern is the size of the unit and the amount of children in there um no outside really outside access at all other than the a small deck so um and I and and I the the bylaw does uh
the um master deed does say uh it's for residents only so um that's a concern as well but other than that um that's all I have right now okay thank you Barbara um no I agree agree with the comments
i'm you know I'm I'm concerned with you know how small this place is and the parking and um how small the unit is um that's all okay thank you yeah
i I share the same concerns we certainly support family daycarees in town we've licensed and approved many many many of them in fact I don't know that we've really ever turned any down this is a unique
situation it's in a place where it's very busy there's a lack of parking there's a lack of space inside there's a lack of outdoor space there is potential nuisance to the neighbors children could get hurt and
there's no parking for uh the customers to come and go it's a very tight spot in that condo complex and above all that it's not permitted under the master deed so for those reasons I don't think they meet the
criteria for special permit i would ask uh one of the board members for a uh a motion anybody prepared to make a motion uh if you
like everybody's gonna boo you anyway yeah I guess so be kind i I I'm used to that i would like to just inter intercede to say that uh I I
think there's been at least 20 25 uh similar petitions uh which we've given relief to in each case uh there are a number of cases here including the violation notice from the building department from
the fact that it's been running illegally for a number of years the fact that it's tiny and on a busy road and and I just uh unfortunately have uh uh have issues with giving everybody
what they want there has to be certain controls over what's going on in in the town and that's why we're here uh so anyways I uh uh I would like to move I would like to move petition
5170 um I actually don't want to do it that way i special way to do that again want me to move that in a positive manner or Well you can move it in a positive manner or you can move it in a negative
manner whichever you prefer okay uh okay i would uh move to approve petition 5170 uh as don't clap yet as required yeah
okay as as specified in the B in the uh um zoning whatever okay is there a second to that second
second any further discussion on the motion hearing none all those in favor please signify by saying I hearing none all those opposed nay nay nay okay that's zero in favor five against
that fails the special permit is not granted we have requests for variance anybody prepared to make a motion on the variance um I would move that the variance request be uh be be removed be denied
i'll be denied I guess I should say yeah okay is there a second to the motion second any discussion on the motion the only discussion I would make is the petitioner failed to uh present any
evidence that they qualified for a uh criteria under a variance uh all those in favor please signify by saying I hearing none all those opposed you want to deny it right hang on a second Mr
chairman okay yeah dick's Dick's motion motion was to deny deny oh deny excuse me i'm sorry yeah all those in Okay let's do that again all those in favor of
denying the variance signify by saying I I any opposed hearing none that carries unanimous the variance is denied as well sorry folks thank you for coming in
tonight thank you i appreciate your time we should have done first i don't know which way to go next petition is petition 5171 do it the way I did it is John Frederick Cley trustee of the
John Frederick Collie living trust dated 31615 the property address is 23 Iraquoy Boulevard in West Jarmath it's in an R25 zoning district the applicant seeks to overturn the decision of the building commissioner that retail sale of
lobsters at this residence is not protected as a pre-existing use or permission permissible accessory use the applicant requests a waiver from the requirement for a certified sight plot plan less than two years old good evening could you identify yourselves
for the record please john Tally uh good evening jonathan Paloney here um as an attorney representing John Tali i'm an attorney with Sen Associates out of Brewster um John uh council I would like to review a few things before we proceed
absolutely uh you're here uh you're here to overturn the decision of the building inspector uh because he was violated for a P7
use excuse me well hold on here a second you have a copy of the violation notice sir um I don't have a copy in front of me no okay Dave that's okay uh it's uh addressed to your client dated
March 7th 2025 dear Mr tally the building department has been in contact with you letter dated 82424 regarding the retail sale of lobsters from this address there is a zoning board of appeals decision 5134 which voted to uphold a decision of the
building commissioner and deny the request for a variance it has come to our attention that lobsters are still being offered for sale at this address this is a violation of section 202 of the town of Yarmouth zoning bylaw the rest of its applications and
penalties uh it does say here you are hereby ordered to abate and correct said violation of seek relief from the zoning board of appeals as allowed by Mass General Law 48 section 7 and 15 uh council you're aware that we have
taken this up last October there was request for variance at that time was request to overturn the decision of the building commissioner for the same thing and uh we voted on that and denied that petition uh my question to you is
chapter 48 section 16 states that a variance petition cannot be granted within 2 years of a final unfavorable decision unless there are specific and material changes in the conditions upon which the prior decision was
based could you please tell me how this is different than the last petition yes abs well um first of all thank you for your time here tonight um you can see that John
has uh well supported in the community and uh everybody has been here waiting and since 6:00 um and I appreciate their presence here to address your question um this appeal is substantly different
from the appeal that you heard back in October of last year this is not a variance request um I appreciate that the board weighed the merits of a variance request and declined to grant a variance at that time um but after
reviewing the video of that hearing it seemed clear to me um and this was the purpose of my conversations with the building commissioner um how do we address this question of uh this being a protected use because that was not a question that really was presented to
the board back in October um John was self-representing he was trying to figure this out on his own through conversations with the building commissioner and and the conversation that he had with you all in the October hearing so in an effort to really
finalize and complete the record um I proposed to the building commissioner that he issue a new enforcement order and that we be able to bring this back to you so that you could address the question of whether this is a protected use uh given the historical use at this
property going back to the 50s when John's father purchased the property well council if I could stop you there for a minute please yep uh the last time he was here he was cited for retail sale of lobsters
correct it was brought to our attention that this was a grandfathered use okay that he said it was we upheld the decision of the building commissioner at the last hearing and we also denied a
variance so I'm just I need you to tell me materially what is different because and I can I'm not trying to give you a hard time but I this seems to me to be the exact same petition as we just heard
back in October and it was not timely appealed respectfully it's it's not the same posi petition because grandfathering wasn't addressed the the one issue on grandfathering that you I believe raised uh Mr chairman was about the uh lobster
pots that are kept on the property and so there was a distinguishing between the structures and the material the storage of materials on the property that that wasn't even discussed that was just a statement that that was grandfathered that wasn't a statement made by John that was a a statement that
came from the board john's position was that the the building commissioner's decision should be overturned on the basis of a variance request that because the board he was asking the board to grant him a variance and that therefore that would overrule the decision of the
building commissioner what was not in front of the board do you have the Do you have the last decision in front of you i do not you do not would you like us to make a copy for you um I mean I have it on my phone i
mean if you would would like me to pull it up we're going to go over it can we get this gentleman a copy of the last decision yes Mr chairman want to come and grab Attorney Paloni there's a copy right here
that's the decision meeting this is the minutes that I have decision please i I I think I understand where you're going with this which is that Well well before Well you just just hear me out here because we're not sure we're going
to allow you to proceed that's the reason I'm raising this okay i don't think you're not going to let the attorney don't please i don't want to have to clear the room okay folks just bear with
us please well I'll go over it with you everyone will get your turn we might be here till 10:30 or 12 12 okay this is a decision if you'd like it the decision is that the board agreed
the petitioner does not meet the criteria for a variance okay so that was denied we also upheld a decision of the building commissioner may I that was in violation of selling lobsters at his residence
so you're coming in here tonight and saying "Oh no that's not what you're here for." Well that's what the the violation notice is you're coming in here and trying to propose that well that's wrong because it's a grandfathered use correct our position
is this we've already heard this so it wasn't timely filed now again decision I'm going to suggest to the board that we don't hear this because it's not it's a repetitive petition if
we vote against that you certainly can appeal that decision to the Superior Court and ask for an order of remand if you believe that we were incorrect would you agree with that well I absolutely would do that but I think that you're incorrect in deciding
that you don't have the ability to hear this there's no restriction on the number of enforcement decision right well but if I can just explain back in Go ahead
the the decision that you were just referring to specifies that you upheld the determination of the building commissioner that the use that John was doing selling fish in that it was not a B4 use i mean you you specifically said this is not a B4 use we are saying that
it's an H3 use that was the decision that you upheld of the building commissioner what I am saying is now we have completed the record john did not submit any of the zoning bylaws going back to 1958 the language of the zoning bylaw in 1958 or in 1982 when the zoning
bylaw changed you had none of the facts before you that would have allowed you to make a decision about whether it was a protected use or not that was simply not covered by the decision in any respect or form the second you're right go ahead this the second piece which is
also wasn't raised and and it wasn't raised by John because he didn't have counsel the second half of my argument is that this is actually an allowed accessory use in the residential district at Q3 which was also never discussed so that that that's the
opportunity that we're asking is to discuss those two issues with the board we feel like we've completed the record um I did public records request so that all the zoning by Well first of all you're not even asking for for these these use areas i your your application
is pretty vague your application here just says reverse the decision of the building commissioner that's all you're asking for then you go on and you add facts that you believe are facts that are true
what are you doing here i I think you've got a defective application i I submitted a narrative along with the application it was a letter on Monday you're asking to But wait you've only asked to reverse the decision of the building inspector that's based upon his
violation notice his violation notice is essentially the same violation notice that was sent out prior to the October 24 hearing that's that's correct there is no limit on the number of violation notices that can be issued excuse me council i'll give you a minute we heard
that we upheld his decision and we denied a variance we heard testimony so in my opinion and I'm going to go to the board in a minute and see if they're in agreement with me this is a repetitive
petition that cannot be heard for two years from that day now if you disagree with that if the board agrees with that you get a a vote that you can't proceed tonight and if you take it over to the Superior Court and they order a remand then we'll hear it otherwise I don't
think we can hear this for two years special meeting okay I'm gonna I'm gonna go to the board right now i want to go to the board and uh get their opinion on this matter um you've heard my position here is
anyone in disagreement with that position no we are dick we are we are Come on folks quiet here we're holding a meeting generations are leaving cards mr martinberry dolores can you hear me
all right calm down we can't hear you Mr chairman but we'd like the crowd to be quiet please let us continue you're interrupting the process all right Dick you heard my position do you agree or disagree with my position i would agree with you Sean jay do you
agree or disagree with my position i agree with you John i agree barbara I think your analysis is good yes I agree with you John okay so the board is in agreement that this is a repetitive
petition do I have a motion to deny the petitioner from going forward because this is a repetitive petition you don't want anybody at the mic huh they call your business to another town let another guy bring his Do I have a
motion it's okay how long have you known about his lobster sales you've known about his lobster sales for 30 40 years where's the commissioner cape that's what you want to do excuse me dolores yes Mr chairman okay
we're we're cutting off public comment we're going to the board right now is anybody prepared to make a motion to deny petition based upon being a repetitive petition i'm sorry Dolores can the board not hear me i'm sorry Mr chairman but it's very
loud in the room and it's difficult okay do we have a Do we have any police in the room do we have any police here this was this was brought to us as a as a complaint which was then acted on by the Hold on Dick hold on Dick yeah I
just wait a minute wait a minute no more no more discussion here actually that's okay the board suspending discussion on this okay do we have any police in the room uh Dolores um no i don't believe so Mr chairman
hold on mr chairman I can get someone and why don't you send somebody down we're going to clear the room all right council where are you going they're not leaving council sit down until they say what the they're going to say council
can anybody hear me by the way Dolores no mr chairman okay all right i I will have the council and Mr paulie at the table please they're there they are there Mr chairman
okay i need everybody else in the room quiet please all right we're going back to the board now can the board hear me yes or no yes no I can't okay is anybody prepared to make a motion i think we can keep them quiet Mr
chairman we can actually hear everyone okay on the board on the board is anybody prepared to make a motion to deny the petition based upon it being a repetitive petition that's less than two years old
so moved we got motion made by Jay anybody prepared to second the motion second uh John seconded sir okay any discussion on the motion hearing none that I'll just we'll
incorporate into the motion my comments all those in favor please signify by saying I i do I have eyes from everybody yes okay wake up board come on here do I have an eyebody yes okay any
opposed hearing none that passes unanimously the petitions denied council council can you hear me yes okay back to council please stop it's
not hard let them settle off level it's not state or federal council can you hear me okay yes okay uh obviously you're upset unhappy about this i would suggest that you take this over to the superior court and uh appeal our
decision and see if they'll give you an order for remand we'll do okay well thank you for your time thank you good night petition for a special town meeting petition for a special town meeting
that That's a That's a good way to go the right way to go don't pay property tax how about if we don't pay property tax we want to petition a special town meeting we will be back
see you in two years have a good response hey Dolores yes Mr chairman why don't you uh why don't you call up the police department and ask them to come down and uh take a ride through the parking lot come down see if they need some help um they're they're outside the doors Mr
chairman hang on okay good they can just assist everybody and leave that'll be great where's the due process no you can no they actually that's not how it works sir we can't do that they
all voted on this bylaw compliment the state low okay okay okay police to come in the room and remove these two people mane if we could ask people to clear the room
there is still a meeting going on if I have a choice of who to help I'd much rather help John How to help anybody else that's the only Yeah we can help hey you guys want to arrest me so I can get a good vigil
he's our chairman it's I just want to see their name folks you could clear the room because we still have a meeting going on have a retail location you're not the last item on the agenda the uh yes Mr chairman
i need the police to clear this room here they are here mr chairman these people should not be walking up um if we could if we could um just have people clear the room step away from the board clear safely to our cutter
we saw parking do you have other items on the agenda who's asking my dad and the building hey ma'am ma'am ma'am
yeah on TV there are other items on the agenda ma'am I said my dad was great because he used to fish with his dad and you're supposed to go to his grandfather's house hey we're getting there we Yeah we need people out out now
it's a good one still have one more item on the agenda when we can get to it hang on a second sean John's still here i'm still here mr chairman we're working on it that's okay
that's okay the last piece of business last piece of business is we have minutes from March 27th are you allergic we're waiting until the room is Are you allergic to the tree one of her jobs
on the face you know you know helping me out you know everybody out the base and went under um folks there's other items on the agenda so if you could please clear the room
right you can't see Yeah he was there uh so everything is everything is okay good so with and uh Well yeah cuz next week I'll have some time so Okay thank you guys
did I bring it up now is it okay to bring it up now or yes the room has been cleared Mr chairman thank you very much okay we uh do we have minutes uh we have minutes from the March 27th and I'd make a motion to approve the minutes okay do
we have a second second all those in favor please signify by saying I i i that passes unanimously do we have any more minutes no sir Mr chairman okay uh anything else i guess
we will stand adjourned um I would suggest that everybody take it although they're all mad at me so don't worry about that so um um make a motion to adjourn okay all right
second second all those in favor i I Any opposed hearing none we stand adjourned thank you everybody thank you Mr sharon