Recording in progress. >> Good evening. Can everybody hear me? >> Yes. >> Good evening, Mr. Chairman. Uh, Mr. Scan, I believe, will be joining via Zoom. Oh, there he is. I think he'll be joining us shortly. Okay. Let me know when he's ready.
>> Okay, >> it looks like he's on. He just needs to unmute himself. Here we go. >> Okay, we're good. >> Good. >> Good evening. >> Good evening, everyone. My name is Sean Iiggo. I'm chairman of the Yama Zoning
Board of Appeals. We will now convene the October 9th, 2025 meeting of the Yama Zoning Board of Appeals. This is a hybrid meeting is being recorded. We will begin by taking a roll call to establish a quorum. Mr. Martin
>> here, >> Mr. Manony >> here, >> Miss Murphy >> here, >> Mr. Scandlin >> here, >> and I'm present as well. We have a quorum. So I will now call the meeting
to order. The first we have four matters on our agenda this evening. The first matter is petition 5194. Edward Shea Sha Custom Carpentry. The property is located at 18 Chestnut
Street, South Yarmouth, Mass. It's in an R25 zoning district. And the applicant is seeking a special permit per 104.3.2 two subp paragraph 2 andor a variance from section 203.5 besides setback
relief to add a 5 footx 4 foot stoop with steps >> good evening could you identify yourself for the record please >> good evening Mr. Chairman good evening members for the record my name is Kieran Healey I'm a land surveyor with the BSC group representing the hides and the
builder Mr. Ed Shay um as you mentioned Mr. Chairman, we are looking for relief for the side setback. Um, if I could draw your attention to my plan, it's on display here. The area that we're talking about is this section right here. Um, basically what we're looking
for is the the stoop and the two steps that are around it to get up onto the um based on renovations that are being proposed for the building. Um, a kitchen will be right adjacent to that stoop and this is a means of getting out of the kitchen and getting access into the
kitchen. Um we are doing other work on the property but none of that requires relief interior um construction and so on with all conforming um the building itself is conforming and this stoop um is just a side entrance into the
building. Um I could go on but I I don't think there's a whole lot more to be said. It's just a side stoop to get into the side of the building. Um other than that I'd be glad to answer any questions that you may have. >> Okay. All right. Thank you. Uh, Mr. Martin, do you have any questions for the petitioner?
>> So, is this stoop too large to be covered under the bylaws relevant to aren't stoops uh >> in the front setback? They are. There's no relief for the side setback. >> No relief for side. All right. Um, that was my only question. Still
almost 12 feet from the sideline and it's just a stoop. So, I don't have any real problems. >> Okay. Mr. Manonyi, do you have any questions for the petitioner? >> No. No questions, Mr. Chairman. >> Thank you.
>> Murphy, do you have any questions for the petition? >> Um, no. Is there any chance you could swing it around the back if this is the kitchen it's going into? >> Yes. It it just doesn't work with the layout of the room on the inside. We
we've looked at that, but we just couldn't get a way to to make it fit on this on the rear of the building. Okay. >> All right. Yep. No questions. >> Okay. Mr. Scandlin, do you have any questions for the petitioner? >> No questions, Mr. Chairman.
>> Oh, I don't really have any questions. I think this is a special permit. Um, I'm looking at your Let's see. You'd have That's a side setback. You're required to have 15 if
I'm correct. you're showing presently 14.9. So I don't think that side setback is presently conforming even though it's legally pre-existing nonconforming. So I don't think it's a brand new nonconformity.
Um I think we can do it as an extension or alteration of the existing home. So I would suggest that a special permit versus the variance is what should be granted. Um, I don't have any questions either.
And uh, let me go to the audience. Is there anyone in the audience that wishes to speak in favor of this petition? Seeing none, do we have anybody online, Dolores? >> Uh, no, Mr. Chairman.
>> Okay. Is anyone here that wishes to speak in opposition to this petition? If so, please come to the microphone. Seeing none, anyone with their hands raised? Uh, >> no, Mr. Chairman.
>> Okay. Mr. Healey, is there anything else that you'd like to add? >> No, Mr. Chairman. I think everything's been covered. >> Okay. Thank you. All right. Then we're going to close the uh hearing to the public. We're going to open it up for board discussion. Uh, is anybody uh
prepared to open up a discussion or to make a motion? Uh, I'll move that uh we uh approve petition uh a special permit. Petition 5194 is requested. >> Okay. No conditions. Correct.
>> No additional conditions. No, no conditions. >> Oh, we have a second to that motion. >> A second. >> Okay. Okay. We have a uh we have a motion made by Mr. Martin, seconded by Mr. Manton.
Any discussion on the motion. The only thing that I would add to it is I think the petitioner has met the criteria of the bylaw. I think he's only asking for a small amount. I don't think it's going to be more detrimental to the neighborhood or any nuisance or hazard
or congestion to the neighbor next door. Um, I certainly don't think it would be degregating from the purpose and intent of the bylaw. So, uh, with that said, we're going to take a Anyone else wish to make any comments on this?
Hearing none. Okay, we're going to take a vote on it. Mr. Scanland, >> I'm in favor of issuing the special permit. >> So, you're an I. >> I. >> I. >> Miss Murphy. >> Um, I'm an I. >> Mr. Manon.
>> I. >> Mr. Martin. >> I. And I'm an I as well. So that passes. Five in favor, none against. Um you have a request for variance. Would you like to uh request to withdraw that relief
without prejudice? >> Yes, Mr. Chairman. >> Okay. Do we uh have a motion to withdraw that without prejudice? >> I'll move to withdraw without prejudice. >> Okay. Do we have a second? >> Seconded.
Okay, we have a motion made, seconded. We're going to do a roll call on this. Mr. Martin, >> I. >> Mr. Manon, >> I. >> Miss Murphy, >> I. >> Mr. Scandlin. >> Hi. >> And I'm an eyes as well. So that's five
in favor, none against, allowing the petitioner to withdraw his request for relief for variance. Um, as you know, Mr. Healey, there is a 20-day appeal period once this matter is clocked with the town clerk. Uh after that period, uh
Dolores will contact you and we'd ask that you or the owner of the property take that over and have it recorded at the registry of deeds and bring back a copy for our file. >> Thank you, Mr. Chairman. Thank you, members. >> Have a good
>> Thank you very much. Have a nice night. The next matter is petition 5195 GCB 169 Route 6A LLC and Gregory C. Belzikian property located at 169 Route 6A
Yarmouth Port Mass. It's in an R40 and a B1 zoning district. The applicant seeks a variance from section 303.5.2 two for the location, size, and advertising logo on a 3.1 square foot
off- premise directional sign. The applicant requests a waiver from the requirement for certified site/plot plan less than 2 years old. Good evening, sir. Could you identify yourself for the record? >> Good evening. I'm Greg Baziki, and I'm
the owner of 169 Route 6A in Yarmouthport. I'm really here because of uh the neighbors on both sides have been complaining about the traffic that we've created and they're asking us to put up additional signage. The current parking sign bylaw allows for only a very small
sign and we have that sign but it's still not enough. Uh we were we also put the advertisement on there so people knew where they were going because other businesses are getting parked in as well. So they should know these this
spot and then the next petition is for the next location. These two parking areas are for lighthousekeepers customers. You'd be surprised how pe how fast people even looking and there's a big line. They still drive by the line and they need to be directed. So we've
designed these signs to give direction to customers and call out where they're allowed to park. >> Okay. >> All right. And uh could you explain how you meet the criteria for a variance?
>> I can only say that the allowable sign is small and this is larger and Mark Grills told me I need to come here and ask for a larger sign, but I'm not qualified to answer your question technically.
>> Okay. All right. That's an honest answer. All right. We're going to go to the uh board for questions unless there's anything else you'd like to add. >> Uh just as I mentioned uh the phone call came in to the town manager. He asked me
to design a sign. We met with Old King's Highway, got an approval, and this is really just following through on neighborhood uh neighbors request for larger signage. >> Well, now I I have if I could ask a question. This is for an off- premise,
this particular form of relief. Correct. >> Um, I'm confused about the word off premise because both the driveway is located on the property and the parking lot is on it's on the same property. I'm confused about the off. >> So, where is the lighthouse keeper
pantry? >> Okay. >> At 169 at 173 correct. I own 169 which is right. Excuse me. My my apologies. 169 is the adjacent parking lot and they own that property as well. So, this is an off- premise parking lot. Correct.
>> Okay. Um, I have a question. I'm looking at uh on my computer a picture of 173. It shows the building is blue. I don't know that it is. Um, and then I'm seeing
this red little dot in the front. Is that where you're planning to put that sign up right there? >> Yes. So, you're going to put that up and you're going to put parking that way for Lighthouse Keepers that's located the
next property over. Is that correct? >> That's correct. And we've we have uh we put in a walkway so customers can can safely walk between the properties. We don't want to adjoin the properties because then we'd have to compi comply with fire regulations and then we
would lose the whole back as a fire lane and we'd actually go backwards in terms of parking. So, we did do a small decorative walkway which actually customers are driving through, but it's a small decorative walkway uh to allow people to
conveniently walk back and forth. >> Okay. Okay. And uh it's your representation that you can't do this with a twoft sign. Why not? >> The current sign size that we are
utilizing as a directional sign without advertising is too small and the customers are just blown by it. So we're looking for a larger sign so customers will know where to go. This is for the public, not for our own advertising purposes.
Well, I think most people can find you because I drive by there almost on a daily basis and you get cars all over the place. >> You're a very practical person and you have mental and emotional discipline. >> Okay. I'm glad to see you're trying to get them there. Um I guess one of the
concerns that I have is I'm seeing a lot of logos. You've already got a logo, the same logo at the lighthouse keepers, the sign that you have presently. I'm looking at the location where you want to be on the
next petition and it looks like it's right below that with the same logo. Correct. >> Yeah. That means two it's two driveways >> and then about 50 feet up the street that's got the same logo that says parking on it. >> That's correct.
I I I think and I won't speak for others, but I think the issue that I have is I'm just seeing too many lighthouse keepers logos. What if we approved you and everybody else around you wanted to do the same thing?
>> I think that the situation is slightly different in that each one has one each. for example, Barfields. She would like me, she gets my customers parking in her lot and it says Barfields. And the same thing with the pediatrician. They have a
dedicated parking that's asphalted and out front and my customers are parking in their lot. >> And Howlets has two parking spots and customers are parking all the way down there. So, I'm just trying to be as neighborly as I can and as clear as I can to my neighbors that these and I'm
advertising and showing to my fellow streetmates that I have dedicated parking to get them away from their businesses and drive them to mine. It's more of a neighborly aspect, not an advertising, not for advertising purposes, but to be clear to the
traveling public that doesn't have the same emotional wherewithals you may have to be able to slow down, know where they're going, and to make the proper turn. >> Okay. Okay. Well, others may have some questions. Uh, I'm going to come back
around to that. I'm still not seeing where you meet the criteria for a variance though. Um, and you say you can't. So, you're not willing to join these two parking lots? >> It's not a question of willing. I think it takes me backwards in terms of number
of parking spots available because it have to put a fire lane in the back and that's again this is a building commissioner and I haven't spoken to fire. I'll be hap listen as far as I'm concerned if you don't approve it. I can go to my neighbors and say, you know, I went to the town. This
is the sign I went to and they have other opinions and I'm going to keep working at it. Doesn't bother me. I'm really just trying to do the best neighbor that I could be. So, yes, I can go to fire. I can ask them about a fire lane in the back. I've been told that I will lose that access because it'll
become a fire lane. And I really wasn't planning on joining the lots as much as I was um trying to have some additional parking available was it started off as employee parking, but I never thought that we would be this busy. I never thought that I have lines out the door this time of year. My business is up, I
mean 100% on a daily basis, and I need to do something to help my neighbors. So, I'll I'll follow through to the best of my ability, but I think this is a reasonable solution based on my the quest of my neighbors and the way the traveling public seems to be not paying
attention to even the one sign that I have. >> Okay. All right. Well, we'll we'll come back and have a further discussion about this. Um, Mr. Martin, do you have any questions for the petitioner?
I don't think I have, excuse me, I don't think I have any questions. I'd have some of the same concerns you do, Sean, just mainly in terms of the the precedent setting uh uh scenario. I I I I can see how the petitioner
uh would want this and needs it to be a little more visible so that people aren't missing it as as we said. Um but I am having a little trouble >> saying how can we allow this and not others that have been before us. Um
maybe uh maybe a little smaller or a little less a logo or something like that might be uh more logical but >> okay Mr. Manony
couple questions. Yeah. So, I don't uh I'm not exactly sure where the sign is going. I don't have a red dot. >> Okay. >> So, if you could >> at 169. Yeah. >> When you're facing the building. Yeah. >> There's the the barn that we're rebuilding is straight in front of you.
It'll be on 6A to the left >> of the drive. >> There's a voila sign there now for it'll be opposite that low on the ground level. So, right right next to the drive going in. >> Correct. Next to the driveway. >> Correct. >> Okay.
The other thing I have is um you know, if you're going to use 169 for parking, uh it looks like you only have one entrance and one exit on on that property as opposed to the lighthouse keepers where you have, you know, an entrance coming in and going out. >> Correct.
>> So, do you do you anticipate any problems with, you know, cars coming in going? Is is it wide enough to accommodate both uh traffic? >> It's not two-way. It definitely cannot be two-way traffic. >> I mean, it's definitely a one one in one out. And it's definitely an
accommodation for the customers that coming >> because even if you have them park in the back and I agree, there's an something needs to be done here. But, uh it's tough pulling out even out of lighthouse keeper at the 6A. And we had
these are these are the conversations when we first bought the business about parking on the street trying to minimize all that. But literally >> it's kind of a phenomenon at the moment and I hope the phenomenon continues honestly because it's been it's been a lot of fun. The employees are really doing great. We've had no turnover. I
mean the staff is really behind it. I think it's a really good opportunity for the town and we just had uh the state ma the state economic development person visit twice. Um it got food and wine magazine. We really have something going. So, I'm trying to do my best as a neighbor to come up with something that
shows this is lighthouse keepers pantry parking. It's not for halls. It's not for barfields. It's not for this. And I don't, you know, will it dissuade them from putting cones up front? I don't know. Will it, you know, everyone all the neighbors are trying to come up with their own solutions, but at least I'm doing them. I'm stepping out as large as
I can and as clear as I can so I can tell them this is, you know, whatever loud and proud pick your pick your antidote. But I'm just trying to make sure it's as clear as possible. While I understand the town has its point of view, this is a good way for the for the
for the customer to know and for the neighbors to know. >> Well, I agree there needs to be some direction, >> but how many cars can you accommodate those two lots combined? >> Uh, I don't have a number. You'd have to actually watch how people Jenga their
cars in and out of the one lot. And as you know, the other lot's been under construction. And so we actually haven't finally framed that out, but they they literally are driving over all the brand new grass. They're driving between the trees. They're driving, like I said, between the new um the new walkway. So,
we are still trying to come up with a structure that makes sense to give, you know, discipline and order to the area, but I got to finish the construction in the barn first. >> Yeah. >> I mean, I know that's a little bit off signage, but uh >> No, it's all it's >> it's all relative. I understand your
question. I just can't give you the clearest answer. We're not going to make it I don't believe we're going to make a U-shaped drive around the barn and we don't I don't think it makes sense to join the lots. I just think that it would just be one big parking lot and I really wasn't interested in that. >> Yeah. >> Um
I think there's some other trip about 30% of the parking going to one business and another but it doesn't seem to be uh pertinent. >> Yeah. >> Okay. All right. That's all I have right now. Thank you. >> Okay. Thank you, Miss Murphy.
>> Um I I definitely think the signage will help. I mean, I my kids dragged me over there in the middle of the whole mayhem. Um and the parking was you took your life in your hands when you went in there. Um >> I don't know. I mean, we just spots. It
was >> I think we you know Yeah. when we we let the traveling public take care of themselves, it's just not it's we don't have valet. Um we don't, you know, we don't have I'm just surp you know, we're blessed and surprised by how much volume
we're doing there. But >> well, it hit social media. >> It did. >> Yeah, that's what happened. Yeah. >> Um no, I I don't have any questions. I I think signage is definitely needed. Um,
>> no have any other questions? >> Okay, Mr. Scandlin, do you have any questions? >> Yeah, excuse me. So, as I understand it, the sign will then go in front of 173. >> There'll be I'm requesting a sign.
There's 50% of the agenda. One one agenda item is 169 for the same sign to then be put on 173. So there'll be two signs showing that we have dedicated lighthouse keepers pantry parking in two lots showing the entryway to both lots.
>> Right. But the the lots are not um contiguous. So >> correct >> the the lot for the lighthouse keepers in 173 puts it you know that then the the pedestrians have to cross over some grassy area and back. Uh there's a
there's a graveled walkway. >> All right. I I mean I'm all in favor of uh putting the signage in there. I I mean I've been um you know I've driven by and and tried to uh get the the right turn off. And as
you say, you know, taking a left turn on on 6A during the summer is always a uh uh a hazardous assignment. Uh, so I'm in favor of the the signage. I guess my my
other question is is uh the the someone mentioned on the board the the size of the signs and uh I'm not exactly sure what uh what our limitations are. Uh could someone >> Excuse me. >> The limitations are two square feet.
They're asking for a 50% increase plus they're going to have the post to support them which they don't but that's what you're going to see. So >> Mhm. >> it will be noticeable. I I actually have another question too. Um did you speak
to Mr. Grills as to whether you can actually use 173 as a parking lot for 169 or excuse me 169 for 173. We we had a very open discussion about it. Um and I think because it was an you know I
went with Bob Written to his office along with Old Kings Highway and this was the solution that he recommended was to come here but yes he's aware >> talk about it in terms of zoning not meeting with the town manager. >> Well I'm just saying that if it were
left to me I wouldn't be asking for this. I'm just trying to come >> you asked Mr. grills if it was legal for you to use 173 as a parking lot for 160 or >> we're taking these two together because they're together as I alluded as I
alluded to before there is something about a 30% rule he mentioned during our conversation but did not make a big issue of it. If I could use 30% of a lot's dedicated space to help another business and if I went above
that, there may be an issue. But he did not spend a lot of time on that. >> Okay? Because I don't think you can do it. I also think if you're going to make this a parking area that you need to have a parking plan, we need to see
parking spaces. Uh you should have a site upgrade. Now, whether you want to say about the a 30% rule, I'd have to hear from him on that, but I I don't think that you can legally just make this a parking lot for an
adjoining property without relief from this board. The sign you for us to allow you to put up a sign, in my opinion, would allow you to begin violating the law. I'd like I'd like a written opinion from
him on that. But in terms of the signs themselves, um, is there anything else that you'd like to add at this time? >> I think I've pretty, you know, pretty clearly said if it's if it's if it's not, you know, if it's not in the
board's interest, it's fine. I've done my best by my neighbors and that's okay with me. >> Um, but I am trying to be a good neighbor more than I'm trying to assert myself into an issue. >> No, no, no. We we we appreciate that. We and we're glad you're doing well. Okay.
Um, we certainly want you to do well. I have a Does everybody have an overhead view of this property in their packet? >> Yes. >> Yeah. >> I'd like everybody to refer to that. >> Find it. >> Now we're looking at an over. Everybody
out. Got them out. >> Find it here. I personally think the solution to this problem is not two signs and two parking lots. I think it's one sign and one entrance to a parking lot. And
then if you want to have interior directional signs, I think you need to in the back of the lot cut through a driveway to allow people to go into the 169 parking area in the back.
And you and I have been back there before, Mr. Belziki. And so you certainly have a lot of room to expand back there. Would you agree with that? >> I do. I was going to uh I think my backyard neighbors are as I promised them to plant trees and make it green. I
think that's the expectation and I think prefer that over >> you're you're going to have to make some choices at some point. >> Yeah. No, I I mean I will choose green. As I mentioned, I'll be happy to meet with the fire department, but I believe I'm going to lose a good portion of it
because I'll have to have a dedicated open fire lane for a hook and ladder to make a turn back there. And it's that's up to >> Well, I don't know how a hook and ladder can go into 173 and turn around right now. >> Yeah. I'm just telling you what, I believe that will cause that a joining
of the lots will cause that to happen and I'll probably have to upgrade more. >> Okay. All right. >> And I like I said, I have I can do more homework because I have not completely vetted that, but that's what
I understand. >> Okay. Okay. >> All right. Um, is there anyone in the audience that wishes to speak in favor of this petition? If so, please come to the microphone.
Does anyone who wishes to anyone with their hands raised? Dolores. >> Uh, no, Mr. Chairman. >> Okay. If there's anyone who wishes to speak in opposition to this petition, please come forward. I don't think we have anybody. Anybody have their hand raised to?
>> No, Mr. Chairman. >> Okay. Is there anything else that you'd like to add, Mr. Belzikian, before we close this hearing to the public? >> If uh I'd rather withdraw than get a no. That way I can come back again rather
than being stuck with a a decision I have to wait two years to hear back on. >> Okay. Well, I'll tell you what. Um it's not going to be my intention to box you in like that to force us to take a vote once we close this hearing. Okay? I
don't think the other members would do that at to you or anybody else. So that's certainly not our intention. But I think what I'd like to do is have a little bit of a brainstorming with the board right here and a discussion about the merits of uh your petition and
possible solutions that we might suggest to you. Uh anybody wish to open this for a discussion? I'm more than happy to start unless someone wants to go ahead. >> Be be our guest.
>> Okay. All right. So, we have this overhead picture that we can all see and we can certainly see two parking areas that are desperately needed to uh supply the parking for the lighthouse keepers
which has turned into a very successful business in Yarmouthport and I think we're all happy to hear that. I have been in there myself. It's a very nice place and I only wish them to do well.
Uh, having said that, um, I can't support this petition in its present form. I'm not in favor of a sign, a directional sign for lighthouse keepers directing them into an adjacent property
that has that I don't believe is an approved parking lot. Uh um and there there's really no you just you you you just can't do it. And there's he
hasn't met the criteria for a variance for a larger sign. I'm also a little concerned about the logo as well. You're not supposed to be advertising on it. Uh but I can see how the sign looks nice. I don't really have a big problem with
that. in terms of the sign and I'm we're going to take these together, Mr. Belziki, and even though we can call them one at a time, but they they're so close and facts that there's no sense in hearing both of them twice. Um,
in terms of the 173, which is the Lighthouse Keepers, one of the issues I have with the sign is it's going to be right below the existing sign that says Lighthouse Keepers. So, it's just too busy for me for that.
Um, I would like to see that sign cut down a little bit. I don't really have a problem with the logo because I think that is directional in and of itself to identify where the parking is for lighthouse keepers, which is absolutely necessary.
I think the best solution for this is for him to open up the parking lots between 173 and 169 in the back with a driveway. Um, come back to us with a parking plan.
uh if he needs some relief as far as buffers are concerned, I won't speak to the rest of the board, but I have an open mind about giving him some relief for buffers. We can talk about inlot trees, but there really
needs to be some parking spaces back there, and it really should be in and out on that particular 173 property. Um, so I'm suggesting overflow parking to
169, which he would need relief for, I believe, because it's on another piece of property. We can talk to Mr. Grills about that, but one directional sign for the parking and that would be located on the
lighthouse keepers property. Anyone else have uh any comments or suggestions? I was I agree. That's exactly what I was thinking, believe it or not. Um you the first thing that came to my mind was
combining these and using 169 as overflow. Um so if we can direct them to 173 and if everything's full, you know, with a signage in the back, overflow parking for lighthouse keepers here. uh that you I guess the only concern, Sean,
would be uh upon the exit of 169. They're going to go through they're going to go right through his property there to to leave. They're not going to go back out the way they came. So, it's impossible. I mean, it's too narrow of a lot to think you're going to make a turn in there. Yeah.
>> And come back out and then to have two-way traffic in the back. I mean, I I probably won't spend the money on a study. Um, I I thought I was gonna for the building itself and what I got at 169. I'm building a new barn. The major building is under huge renovation
because it's just rotten. U, I did upgrade the septic. I've put a ton of money into it. I mean, if I just leave it unsigned, I'll leave it unsigned. At least I get one sign. I can tell the neighbors again, I'm got as much as I could get. I really don't want to spend that much more money on it to be honest with you. Well, may maybe we don't maybe
we don't have to go through a traffic study and all of that. >> Well, it should I mean you I I appreciate that, but to do it right, we got to do it right and that's but that'll just be my nature. I'll have to come up with the correct terms. I don't want I wouldn't it's already compromised
and it's kind of country compromised because it kind of is what it is. But if you're going to ask me to go ahead and make it right, then it's going to take a minute to make it right. It shouldn't, but if I'm going to put my energy into it, I'll do it correctly. >> Okay. Well, then that that would be my
suggestion if that's what you want to do. Um, but as I said before, I I I I could not support what you're proposing tonight. >> Okay. Well, at least I got a potentially
there's one sign on 173 that's directional and that's fine. at 169. Maybe in the future as that property gets straightened up, the construction's over, maybe it's worthwhile revisiting. >> Anyone else? >> No, I concur with
>> I concur with both of them. I think uh again if it comes to that at some point the idea of having another little driveway that goes out to 169 from 173 that says additional parking or whatever would be a logical way to at least
reduce it to only one sign on on 6A. >> Okay, >> Barbara. >> Um no I don't have anything to add. plan, >> Jim.
>> Yeah, I think the addition of an additional sign for overflow parking makes sense. Uh having another one on 169 just kind of confuses things since you have the the main business sign there on on the front lawn. Um
>> so, >> okay. Oh, good. Well, in terms of the now he's let's what we're going to do right now. Okay. So, we're on petition
right now. We're technically on petition 169. That's for the off- premise sign next door lighthouse keepers. Are we all in agreement that we're not supporting that sign?
Yes. >> Okay. Mr. Belzikian, you heard the opinion of the board. Do you wish us to take a vote on that petition, the off- premise sign, or do you wish to withdraw that request
for relief without prejudice? >> I wish to withdraw the relief without prejudice. >> Okay. Do we have a motion to allow Mr. Bill Zikian to withdraw that petition? And that would be 5195
without prejudice. >> So moved. >> So moved by Mr. Scanland. Do we have a second? >> Second. >> Seconded by >> Dick. >> Dick. >> Okay. Any discussion on the motion?
Hearing none. We're going to take a roll call vote. >> Tim. Hi. >> Barbara. Hi. >> John. Hi. Dick >> I >> and I'm an I as well. So that petition
is withdrawn without prejudice. Now we're going to move on to petition 5196. Um I am just going to uh read into the record um the the uh legal notice here just so
everybody's clear we're talking about. This is petition 5196 and that's at 173 Route 6A LLC and Gregory Belzikian. Property location 173 Route 6A Yarmouthport,
Mass. It's in an R40 in a B1 zoning district. And the applicant seeks a variance from section 303.5.2 for the size and advertising logo on a 3.11 square foot on premise directional
sign. the applicant requests a waiver from the requirement for a certified site plot plan less than two years old. Okay, so we have discussed that because that's part of what we've been discussing.
Now, in terms of that particular sign, um, you've heard my comments that I think it's a bit large and it's right next to the actual sign for the property. So, you're going to see basically two signs
that say Lighthouse Keepers. So, I kind of have a problem with that. I think if it were a little smaller and said parking with an arrow, so it looks like the sign is actually junior to the
main sign. Uh, I would feel more comfortable with that. I think that they could get away with a smaller sign. That's my opinion. >> Currently, >> anyone else like to chime in on that? >> Currently, there is a smaller directional sign that just says parking
and people do not see it. We need a larger sign that says lighthousekeepers and parking. This is a good size sign for the traveling public that doesn't live here that comes down the street what during the summer it is the right thing. It is the right
proportion. I understand your concern but you have a you you're not representing the customer that's coming in that's not from here. >> Okay. Anything else you'd like to add, Mr. Bzikian? I think I said too much.
>> Okay, we're closing that this hearing to the public um and the petitioner. If we want a question from, we will ask you, but we appreciate your input there. Anyone else uh have anything to say about this before
we take a vote? Dick. >> Uh, yeah. As long as it's just one, I think I'm could be comfortable with this with it being a little bit bigger. I was, you
know, if I prefer certainly if it was a little smaller and didn't have quite as much of a logo on it, but uh I I I don't find it obtrusive. And if the neighbors are all comfortable with wanting it, I guess uh uh I could be
okay. >> How how how big is the present sign that you have up right now, Mr. Belzikian? >> What's that size sign that you have hanging from that post? >> Oh, no. That's that's an open sign. The one that we have is on the ground. It's
a separate sign in the same location that we're proposing this. It says parking. It's probably >> No, no, no. I mean, I mean the actual size of the sign for lighthouse says coffee on underneath it. >> Yeah. I don't remember the I didn't measure that for this meeting. I'm sorry.
>> Wouldn't that sign actually be smaller than the directional sign? >> No, the sign on the No, this the building sign is much larger. This is not That's going to be 30 more. That's got to be more than 30 inches.
>> 30 by 30. >> The one that's on 6A that I'm looking at. >> Yeah, it's got to be I mean I would say it's got to be 30 by 30, but honestly, I didn't I didn't measure for the meeting. >> Okay. Cuz it it doesn't look like it's as big.
Um >> Okay. >> John, what are your thoughts? Uh, so I just a couple questions so I'm clear. So this sign now for 173 is going where? Right by by the entrance. >> Right by the entrance. Currently there's a small parking arrow arrow that is the
largest allowable. >> Yeah. >> That's why we're here because we can't make anything larger than that. So this is takes that place of that directional sign. It would be an arrow. >> And so this would be double-sided. >> Double-sided. Correct. >> So you can see it from either direction. >> Correct.
Okay. Um, I think I can live with this. Um, I think it's that important that we direct these folks somewhere. >> Okay, Barbara.
>> Um, yeah, I'm definitely we they need the signage. I mean, um, it isn't so much for for folks who live around here. It's for people that are here on a trip and vacation and, you know, heard about this place and, um,
>> trying to figure out how to get in and how to park. Um, so I think it needs to hit them in the face. So I'm in support of it. >> Okay. Is it absolutely necessary to have
lighthouse keepers on it? >> I think it'd be helpful for the people that are coming to visit. >> Yeah. I mean, >> even with your lighthouse where you're going sign, right? >> I just think the this there's a line down the street and there's a big street sign in the middle of the 6A and people
are just going by like they never saw it. I just, you know, and it has to be and it has the reason the pillars are there is because the people aren't sorry I don't offend anybody, but they're tough. Um, they drive over stuff. They kick things. And I mean, I spend more
time cleaning up after the public. And I enjoy doing it with all my heart, but I just want to make sure that we're putting stuff in that's going to last and it's not going to be too flimsy. Yeah. And and I think the other concern is, you know, when I was there this summer, I mean, on there's one one side
in and one side out, but people weren't paying attention to pay attention. >> We're trying to come out and they're coming right at you. >> Yeah. Correct. >> And then I don't know who made up the etiquette rule that you're supposed to back up onto 6A, but someone thinks you're supposed to back up, not back up into the parking lot, but back up on the road. Yeah. >> I don't know where that rule ever came
from, but people believe that that's what you're supposed to do. >> It's crazy. Sorry. >> It was crazy there. I'm going to open TV. I don't mean to be so abrupt. >> Uh, where exactly are you going to place this? You're not Are you planning on
placing this in the layout in the street layout? >> No, it's going to be on the grass area. That's that there's an existing parking directional sign. Now, the grass area, if you're facing the building, to the right of the building, but to the
left of the drive in >> on the grass. >> Well, all those people that are going to park out front there, do you do anything to mitigate people parking in front of the building? >> We do our best to to do what we can, but the Yarmouth police have been through with uh tickets and with their
megaphones to getting people to move. There's a no parking sign there. Now, the state put up. We're very much excited for the Route 6A development that Kathy Williams is working on. >> Well, I don't know what that means. >> There's going to be a redevelopment of that. There's a whole redevelopment plan
for the commercial district of Route 6A. And there'll be a crosswalk that goes from Lighthouse Keepers Pantry across 6A that will make parking in front of the building unavailable. And currently, it is. However, >> what can we do right now? Because you're saying people are blowing by it. If
you've got people parked in the front of your store, which you do all the time, they're all the way down the street. >> Correct. I mean, that's why we're That's why I >> What are you doing to mitigate it? Not only in front of 169 uh 173, but also 169. Are you doing
anything there? >> I mean, I'm just trying to make >> You want to sign and we we want to make sure that it works. if no one can see it. >> Well, Mr. Chairman, there is a no parking sign there >> in front of 169.
>> This goes back to why I'm asking for two signs. It's just we I have an opportunity because I own two parcels to direct people where to park in a very clear and directional manner. Yes. I could I do could I put someone out on
the street in a yellow jersey directing traffic? That would probably I have not asked I have not asked the police if I should hire a detail. I mean, those are things that we have not done. >> Um, but we try to keep the parcels as pretty and as clean as possible and as
safe as we can. We do go out on an hourly or regular basis to check the line to make sure that people are not standing in the driveway and sometimes people just park their car. We could go to them. We've gone to people and said, "You've parked in a no parking zone." They said, "Ticket me." I mean, or
they'll say, "Fine. It's not your problem." I mean, there are people who park and just leave their cars halfway through the driveway and they walk away. Or we actually have signs that say, "Park to the right." And they park to the left of the sign. I mean, there's, you know, we we don't, how do I say? I'm
not driving the vehicle. I don't own the vehicle. I'm doing the best I can to run an orderly operation. And I'm coming to you with two two visual opportunities to have people feel more comfortable and clear about what's available to them. These are private lots. They're not
public. They're unless you're another whole story about the state of Massachusetts, but uh >> they're private lots that are where the public is being invited onto. >> Correct. And we'd like them to feel comfortable and clear. >> Well, I don't I don't know that we're
solving any solutions here. Um I don't even know that we have a location. I think we need to know the exact location where you're going to put this because I don't think you can put it on state property. >> No, it's not. It's on my private property on the green grass to the left
of the to the left of the drive aisle where the current parking sign directional sign is. It will not go in the travel way. >> Okay. How far behind the where is it in adjacent to your sign that you have on
the property? >> The building sign that shows the property. If you're facing the building, it will be to the right forward. >> I'm not facing the building. I'm talking about the one that's along 6A that's hanging from a post. >> Correct. >> Do you still have that sign? >> Yeah, it's going to be to the right of
that sign down low uh on the entry on facing the uh at the uh entry drive aisle. If you're driving in, it will be to your left down low. >> Okay. All right. >> But it will not be >> What are your thoughts?
Uh I'm in favor of a parking sign as uh he's designating on 173 uh in that spot. Uh my question would be uh if it's if the size is an issue, is it possible to scale it down to two
square feet? >> Yeah. I think I have to go back I have to go back to Old Kings Highway to get to let them know that I'm changing the size of the sign because I signed >> making it small is usually not an issue, but I mean
do it again. >> I'd rather not do it again. >> Yes, I understand. >> I'd appreciate it if I didn't have >> I'm in favor of the sign uh situated, you know, where he where he uh situ where, you know, where he specified. Um,
and you know, I'm not trying to tell Mr. Belzikian how to run his business, but also maybe moving the signpost for the business to the opposite side of the lawn, the opposite side of the walkway, just to kind of differentiate the signs might be useful.
>> Okay. Thank you. Um, I would be in favor of this if it were a little smaller. Okay. Now, I know you can meet the criteria of the bylaw. Uh, but you do have a logo on that which
is technically advertising and these directional signs are supposed to be within the property. This one's really out on 6A, >> but it's still on premises, Sean. >> That's correct. That's correct. Um,
I just think we're setting a bad precedent by allowing it to be larger than is allowable. And I'll tell you why. because there's a lot of businesses along there. >> Yeah, >> I could see in the hope for one coming
in next week and asking for one because they have their parking lot in the back. They seem to be able to do okay. Um I also think this parking lot needs a lot of work here. Okay, there should be some directional in, directional out. There
needs to be work on this. I'm a little surprised that it kind of got to where it was uh without some further relief and without some requirements for upgrades. Um but that's not before us tonight.
So um we have a proposal for a 3ft 3 foot 3x 3.11 square foot sign. Uh he's looking for a variance for the location, the size, and the advertising
logo. That's the three forms of relief that he's looking for for a variance. I don't believe that he's made met the criteria for a variance. However, if there's no further discussion, I'm going to bring it to a vote.
>> Can we just clarify the size of the sign? >> That's 3.1 square feet. 3.11.1 >> square ft. >> Okay. Yeah, that's okay. >> Uh it it one quick question. Is there an exit uh sign on the exit driveway there
on the other side? >> That would be two-edged signage. So, this is just to show people where to park. The exit should >> because often that is the directional kind of signs. As long as they meet the size requirement, you know, you got an in and out. uh just like they do at
Dunkin Donuts or some place like that. >> I think we're trying not to do that. I think we're just trying to accommodate >> I guess an arrow on the driveway. It looks like >> I mean I don't know. I we >> there's an arrow in the driveway. >> Just this is on the inside of the driveway and I think it was just trying to get people to know where to go and
you know we could certainly turn it into a much bigger issue but it it doesn't need to be escalated. As I said I'm here because the neighbors are asking me for to do something and this is a solution. And again, if it's a town's not not happy with it, I'm okay with it because I have a I've met I have a legal sign
that says parking, I have I I don't have to do anything for 169. I could put something out back that just says overflow parking and it's okay. It's okay with me. I'm really just trying to come up with a solution that works for my neighbors and it's okay to for me to
go back to tell them I went to ZBA. They didn't like what I had to say. If you want to go talk about it, please feel free because I've done my best. >> It's okay with me. >> Okay. Okay.
Is there any further discussion on the board? Where do we go from here? Hearing none. We're calling the question. Mr. Martin, how do you vote? >> Need a motion. >> Still thinking.
>> Okay, take your time. >> Yeah, start the other end. >> Okay, Mr. Scanland, >> I vote in favor of the U granting the variance. >> Okay, Miss Murphy,
>> I'd vote I vote in favor. Mr. Manonyi, I'm in favor. >> Okay, Mr. Martin can uh somewhat reluctantly be in favor. >> Okay. And I'm a nay. That's four in favor, one against.
The the request for variance is granted. As you know, once it's clocked with the town clerk, there's a 20-day appeal period that must elapse. After that period ends, Dolores will contact you. You can come get your variance. You must
take it to the registry of deeds, record it, and bring a copy back for our file. >> Mr. Chairman, >> question. >> Excuse me, Mr. Chairman. Do we need a motion for them to vote on? >> I don't recall that. >> Didn't we didn't we do a motion? >> I don't believe so.
>> Oh, okay. Then let's back this up. I thought we had a motion. >> Don't recall. >> Oh, we had a Oh, that was on the other one to withdraw. Thank you, Dolores. Okay, we need a motion to approve. >> So moved. >> Motion made by Mr. Scandlin. Do we have a second?
>> Second. >> Second by Mr. Manton. Mr. Scandlin, how do you vote? >> I, Miss Murphy, >> I. >> Mr. Manon, >> I. >> Mr. Martin, >> I. and I'm a nay. Okay. Four uh four in
favor, one against. Uh you heard what I said about the 20 days must elapse, correct, Mr. Bzikian? >> Yes, I did. Thank you very much. >> Okay. Thank you very much. >> Hopefully it helps. >> Hopefully it helps. >> Yeah.
The next matter on our agenda is petition 5197 Shello Chelco Partnership DBA Verizon Wireless. Property location is 20 Old Hyannis Road in Yarmathport. It's in an
R40, the APD and a zone 2 district. The applicant seeks a special permit per 103.2 2 and 406.5 to install an emergency power generator to provide backup power for a permitted wireless communications facility to be
installed and adjacent to the town-owned water tank located on the property within the aquifer protection district. Good evening, sir. >> Good evening, Mr. Chairman, members of the board. My name is Tim Tardowski. I'm an attorney with Robinson and Cole
representing the applicant Verizon Wireless. I will do my best to answer any questions that the board may have this evening. U but I do want to point out that there are some other members of the the team who are attending via Zoom.
Um that includes Aaron Valley who is representing the generator supplier. Um the engineer constandin BKA is also I believe on Zoom and the site acquisition representative uh for
Verizon uh Igor George Evuk should also be available online. Um so this is a rather unique application. Um I've submitted a substantial stack of materials to the board. I apologize for
all of the reading uh that you may have had to do. Uh so what I'd like to do uh if it pleases the board is to do just a very brief introduction and overview of the project uh and then turn it to the board for any questions that you might
have. Um as indicated >> I'm sorry. >> That would be fine. >> Okay. Thank you. Um, as indicated by the notice, this is an application for a backup power generator in connection with a wireless communication facility
to be installed at 20 Old Hyenas Road. This is the water tank site. Currently, there is one wireless carrier that has equipment uh antennas on top of the water tank and then groundbased equipment adjacent to the water tank. In
response to an RFP issued by the the town, I think about a year and a half almost two years ago, Verizon Wireless submitted a bid and was awarded a contract. We have a lease with the town to locate this facility in this particular location.
Um, we have a permit for the facility itself. That includes the antennas to be located on top of the water tank as well as the groundbased uh equipment which would be located in a fenced enclosure. I believe the clo enclosure itself is
about 16 by 22 ft and that's fully fenced. Uh the only part of the um facility that was excluded from the building permit that was issu issued by the the building inspector is the backup power generator which uh Verizon
Wireless uses at all of their sites in order to enable wireless communications to continue in the event of a power outage. Um because this facility is located within the aquafer protection district uh we have already been to the
board of health. I I believe you should have a report from Mr. Lawson that includes >> Yes, we do. >> You do? Okay. Fantastic. So you're you're aware that we've already been to the board of health. Um just to briefly describe the the generator itself. The
proposed unit is a GenerRack SD050 diesel generator. The generator itself will be mounted on top of the fuel tank. The fuel tank has a 300galon capacity. It is doublewalled. Uh it so that if there is a rupture to the itself, the
exterior wall has capacity in excess of the two the 300galon capacity so that it would capture any leakage from the tank. Um, also in the materials you'll see that as part of the uh spill response plan, there are sensors that are uh installed on the
fuel tank as well as in the containment pan on top of the fuel tank. So that if there's any leakage, whether it be from fuel within the generator itself, uh that would include antifreeze, diesel fuel, uh etc. that will trip a sensor.
That sensor automatically goes to Verizon Wireless's operation center and they that will trigger a a response by a 247 response team directly to the site to to to address any possible um any
possible leakage. That being said, uh as I mentioned, the the top of tank fuel containment pan is the way it's described is kind of where the the it's it's actually the top of the containment pan. It's almost like a picture of a very shallow swimming pool that any any
leakage from the generator motor itself would be captured by that containment pan. Um, conversely, the the tank itself, as I mentioned, is doublewalled steel tank. Any leakage from the tank itself would be captured by by the doublewalled um aspect of that.
Also, I I should point out that the um all of the equipment, including the generator and the fuel tank, will be mounted on top of a concrete pad. Um, at the request of the board of health, uh, there was a question or a concern that was raised that even though
the the generator and all of the groundbased equipment is is located inside of a fenced enclosure, there was the possibility that uh, whether intentional or by accident, a vehicle could back up into um the generator unit, causing a rupture and a release of
fuel uh, or or other fluids. Uh in response to that uh the board of health requested and we modified the plan to include ballards surrounding that area of the compound. So that eliminates that threat. Uh and I believe you'll see that reflected in the revised site plan
that's included in uh in your materials. Um with that I I will stop talking and and turn it back to the board. Again, I'm happy to answer any questions that that you may have. If I'm unable to, I will try to call upon other team members to
to address your questions. >> Okay. Thank you very much. Um I think we all have the memorandum from Carl E. Lawson Jr. Uh he is the hazardous materials inspector for the town. He
furnished us with a memorandum dated August 6th, 2025. uh council, I believe you're familiar with that. I read through your um statement in support of the aquat
aquifer protection overlay district special permit and your responses seem to address each one of the concerns that are in the memorandum. Is is that fair to say? >> I would agree with that. Yes.
>> Okay. All right. Um, so this generator, as I understand it, you're really just looking for a you you want an emergency generator. It's holding 300 gallons plus of fuel right around there. Um, it's got some oil and
I believe antifreeze as well. >> That is correct. >> Okay. All right. Okay. And those are the only hazardous materials that would be on site unless a technician brought other materials onto
the property that he needed to service the generator. Is that fair to say? >> Yes, it is. Um, no materials other than those in the fuel tank or in the engine, including the antifreeze and the oil, etc. As you mentioned, none of that will be stored on site. All of those
materials, the the refueling would be done by truck, the maintenance will be done by a service technician who will bring uh whatever oil, oil filters, etc. Uh you know, the materials, the fluids that are integral to the machine would all be brought on site. um all the
materials, the hazardous waste produced by the site will be removed from site um by the technician and all of that will be done in accordance with the spill response plan that was presented to and approved by the board of health. >> Okay. Okay.
And uh so this um is your client prepared to agree to all of the requirements and recommendations from the board of health contained in the memorand in the memorandum dated
August 6th, 2025. And in specific, I say on pages five, excuse me, on pages six and seven. and we can go over those. >> Yes. Yes, we are. Mr. Lawson did provide us with a copy of his report in advance.
Um and and we are in agreement with with uh all of the recommendations including those on seven. I I think the >> the ones on seven, there's a total of six and they actually spill over to page eight and and the one >> that's correct. I'm just going to read those into the record. the ones on page
six and the ones on page seven and there's one more on eight just so they're on the record. >> Thank you. >> Yarmouth health regulations require the following regarding toxic or hazardous materials handling and storage which applies to the proposal by Verizon.
Number one, the business must register annually for a Yarmouth Board of Health handling and storage of toxic hazardous or hazardous materials license. No materials may be discharged to the environment. No outside outdoor storage
of materials is allowed. All toxic and hazardous materials will be within the fuel tank, generator, or auxiliary battery cabinet, all of which are designed for outdoor use. All materials must be protected from vandalism. All
telecommunications equipment containing toxic or hazardous will be surrounded by a six- foot tall locked starade fence. Additionally, traffic balls will protect the generator from intentional vandalism
in the form of vehicle strikes or unintentional I guess. Um all materials must be stored inside secondary containment of 100% volume of the total amount of materials stored.
Containers of materials must be stored in such a manner to facilitate visual inspection of each container. The Verizon P plan with sheet title construction details in sheet number A4
shows spatial arrangement of one the generator with the fuel tank two the battery cabinet and the other equipment indicating clear sight lines should be available to view the exterior of the generator generator fuel tank and
battery cabinet. Number seven, any waste water must be properly disposed of by a licensed hazardous waste hauler. Number eight, absorbent material must be kept on site for use in the event of
spills. Spill response kits containing absorbent materials will not be stored on site because the facility is not staffed. However, spill response kits containing absorbent materials will be brought on
site in the vehicles of service technicians and the fuel delivery service. And number nine, safety data sheets in parentheses SDS for each toxic or hazardous materials must be maintained
on site and readily available. Safety data sheets for each toxic or hazardous material will not be stored on site because the facility is not staffed. It will not have an office or any building in which the which to store SDS. SDS will however be available to
service and fuel delivery personnel when they are working on site. You're in agreement with that council? >> Yes. >> Okay. Uh board of health hearing recommendations. Number one, the maximum
allowed total combined storage volume of toxic and hazardous materials is 400 gallons. Number two, the emergency spill response plan submitted by Verizon Wireless to the board of health must be immediately available in either
electronic or print form to all service and fuel delivery personnel while they are on site and they must be familiar with the plan. Number three, safety data sheets for applicable materials must be immediately available in either print or
electronic form to all service and fuel delivery personnel they are on site while they are on site. Number four, spill response materials must be immediately available to all service and fuel delivery personnel while they are on
site. Number five, toxic or hazardous waste generated or removed from equipment must be removed from the site for proper disposal immediately after servicing and never left unattended.
And turning over to page eight and number six. Ballards, vertical structures designed to protect infrastructure from vehicle strikes must be installed and maintained in such a manner to protect the generator fuel tank.
The board of health and health department respectfully requests that if this proposal is approved by the ZBA, the preceding six conditions please be included in any ZBA decision. Furthermore, if the proposal is allowed
by the ZBA, these items will be included as conditions of the annual board of health license. Are you in agreement with all of those recommendations, council? >> Yes, we are, Mr. Chairman.
>> Okay. So, you would be in agreement that we incorporate the entire memorandum as written by the board of health. That's generally our custom to do so into the decision. >> Yes, that would be my expectation.
>> Okay. All right. Very good. Thank you. Um I'm going to go to the board now. Um Mr. Martin, do you have any questions for the petitioner? >> So, the the site is almost 10 acres, I guess, right? >> I believe that's right. Yes.
>> Yeah. And uh I think it's fenced at the at the street entrance. I I believe it's it's either fenced or gated access to access to that. Yes. Okay. >> All right. I think uh I mean I think all the board of health considerations that are here that need to be incorporated
will uh are important and seem to be okay with everybody and other than that I can see why you might like it to stay running during uh uh power outages. So >> I don't have any problems. >> Yeah. Thank you,
>> John. >> I don't have any questions for the petitioner. Thank you. >> Okay, Barbara. >> Um, just one question. You talking about an emergency response team? Where are they coming from? >> Um, but how what would be their response time, I think, is I'm trying to get at.
>> Yeah. Um, that that's a great question. We we do have I because this is not a built site. I don't think we have a contract in place yet. the the my understanding in terms of the the the company that will be uh contracted with
to serve this service this site has a location on the Cape. Um I I'm not going to pretend I know exactly where it is, but that's my understanding is that they they have an office on the Cape. >> Okay. All right. >> That's all.
>> Okay. Uh just following up on that question there, council, uh would you be in agreement if we put in the decision that you're to contract someone locally uh that will respond in the event that
your people can't respond to it in an emergency situation? I imagine you probably would use someone local, wouldn't it? If there was a spill there. >> Yes, that's called 911. Yeah, that's that that's correct. U you know to to
clarify um the response team will not be Verizon Wireless employees. They're not there would be a an outfit that does this type of work not just for Verizon Wireless but for other companies as well. Um so it's a third party contractor that would maintain and
handle response to any emergencies or spills. >> Okay. So you could supply us with the name of a contact person? Yes, we can do that. >> Okay. All right. Very good. All right. Tim, do you have any questions for the petitioner?
>> Um, excuse me. Uh, one question uh on the uh three- ring binder that we received uh the emergency spill response plan, which is exhibit F to the uh three- ring binder. >> Yes.
>> Uh item number eight is a little bit ambiguous. Could you explain that for me please? Okay. Where where it says the incontainer labeled spill response plan. >> Yeah. What does I mean that's not a
complete sentence. What what does it mean? >> Yeah. I I think that's that's a a typographical issue. that that's really eight and seven and eight should be combined. Um it's what what that's referring to is the um um absorbent material etc will be contained in in a
container labeled spill response materials. Apologies for that. >> Yeah. All right. Good. Um yeah, really I don't have a lot of questions. In my former life, we dealt a lot uh with these types of uh applications and
they're very common and I think the uh the submitt has been very comprehensive uh and uh I don't want to redo any work that the board of health did. So I have no further questions.
>> Okay. Thank you. Um let me go to the public. Is there anyone in the audience that wishes to speak in favor of this petition? Seeing none, do we have anybody with
their hands raised? The Lord. Uh, >> no. Mr. Chairman, >> is there anyone who wishes to speak in opposition this petition? Please come forward. >> Seeing none, is there anyone with their hands raised? Delaware.
>> No, Mr. Chairman. Okay. Uh, council, is there anything that you would like to add further? >> Um, no, Mr. Chairman. I I think the the presentation this evening uh in in combination with the written submitt uh
covers everything that I wanted to touch upon. Um, but again, if there are any additional questions from from the board members, we're certainly available and happy to answer them. >> Okay. Thank you very much. All right. Um,
I think we're going to, uh, unless anyone else on the board has any other questions for either, um, council or the petitioner or any of their associates that are attending? Does anyone have any
questions for them? >> Uh, Mr. Chairman, I'd just like to uh make note that with the uh revision to that emergency spill response that that a revised document be submitted to the board of health and uh be available, you
know, as needed. >> Okay. Sure. Okay. >> We'll furnish that over to them. Um All right. Is there uh if if there's nothing else then I'm going to close the hearing to the public
begin uh board deliberation. Anyone wish to uh begin a discussion or to make a motion. >> I'll make a motion to approve the uh application. Um would you include in your motion um
incorporating the memorandum of uh Carl Lawson dated August 6, 2025 from the uh board of health as well in from he's the hazardous materials inspector. >> Yes. >> Okay. All right. Very good.
Then >> uh do we have a second to the motion? I'll second >> as well as just one other condition that council or the petitioner will furnish the board with the name of a of a local
contractor that will respond to an emergency in the event there is one. There probably won't be. These generators are pretty good. I mean, I don't think they pay a lot, but an emergency contact. Would you make that part of your motion,
Tim? Yes. >> Okay. All right. So, we have a motion made by Mr. Scandlin. Anybody prepared to make a uh second the motion? >> I will I will second it subject to the uh
uh addendums, so to speak. >> Okay. All right. We have motion made by Tim, seconded by Dick. Any discussion on the motion? The only thing that I would like to add is I think the petitioner has
demonstrated that met the criteria. All right. And the demonstration is is that no undue hazard, nuisance or congestion will be created and there'll be no substantial harm to the established or future character of the neighborhood.
I think they've demonstrated that and I think they have demonstrated also that they meet the requirements under 406.5 that there'll be no danger to the public drinking supply and they've made adequate safeguards that they'll ensure that.
Anything else hearing? None. We are going to take a vote. Tim, how do you vote? >> I. >> Barbara, >> I. John >> Hi, >> Dick. >> I
>> and I'm an I as well. Um, so that passes five in favor. Uh, none against. Uh, as you may know, council, there is a 20-day appeal period. Once the decision is drafted with the town clerk,
uh after that appeal period runs, you can Dolores will contact you, take your special permit over to the registry of deeds, record it, and send proof of that back to our board. >> Yes. Thank you. >> Any questions,
>> council? >> No. Understood. Thank you very much. Uh, did you want us to do a decision or do you want to do a draft decision? >> Um, I'm happy to to do the drafting if you wish. U, but you know, whatever your uh your protocol normally is, I'm I'm
happy to to abide either way. >> Well, some people like to uh put their draft decisions. If you'd like to do one and submit one to us, we'll review it. >> Okay, I will do that. Thank you. >> All righty. Thank you very much.
Barbara, we uh Excuse me, Barbara. Uh Dolores. >> Yes, Mr. Chairman. >> Um I believe we have minutes to approve. >> Uh we do. And everyone here was also at that meeting. >> Well, well,
we'll say that's all right, but sometimes that doesn't happen. Um, I apologize. I don't have the minutes in front of me. Which minutes are we approving? >> It is September 11th, 2025. >> Do we have a motion to approve of the
minutes? >> Motion to approve minutes from September 11th. >> Do we have a second? >> I'll second. >> Okay. Any discussion? Hearing none. Dick. >> I.
>> John. I >> Barbara >> I >> Tim >> I >> and I'm an I as well. So that passes five in favor none against. Uh I think that's all the business isn't it for tonight Dolores? >> Uh yes, Mr. Chairman.
>> Okay. Do we have a motion to adjurnn? >> So moved. >> Second. >> All those in favor? >> I I >> I. None opposed. We stand adjourned. Thank you everyone. Have a good night. >> Thank you Mr. Chairman, night Tim. >> Bye now. Thanks.
>> Recording stopped.