I had to look up what remand really meant. So means it comes back. It goes up, it comes back. Recording in progress. Good evening everyone. Welcome to the regularly scheduled meeting of the Yama Zoning Board of Appeals. Today's date is
June 26, 2025. My name is Sean Iiggo. I'm the chairman of the board. We have three matters on our agenda tonight. The first matter is petition 5024 Wake B Development. Gentlemen, would you like to come up? Uh, property location at 184 South Seab,
Unit One, West Jarmath, Sinar 25 Zoning District. The applicant seeks a special permit for 104.3.2 and 104.3.2 2 subsection 4 and/or a variance from section 203.5 for front setback relief to raise and
replace a pre-existing non-conforming dwelling within the existing footprint as part of a pre-existing non-conforming use. The hearing is held pursuant to the land court's remand order of May 21st,
2025, land court number 23, miscellaneous 0000313. Good evening, sir. Could you identify yourself for the Thank you, Mr. Chair, members of the board, attorney Christopher Karine. I represent Wake Development, Inc. uh on this project. Um
so, as noted in the um in the hearing notice, this is a remand from the land court. This case was uh or project was originally brought to this board a year or so ago. Um there was a a denial. There was three votes against it, two votes in favor, and so there was an
appeal brought to the land court. Uh since that time, uh we've been working with the board through town council to see if we can come to some resolution that would be uh palatable to this board, uh to get the project approved. Um I think as the the board's aware,
what we have is a structure that's in pretty pretty bad disrepair and we're looking to uh raise that and rebuild it. It will be on the same footprint. Um so we're not increas intensifying any of the nonconformities. The front yard setback was non-conforming. And
obviously, if we have multiple dwelling, multiple buildings on one lot, which is a non-conformity, but we're not creating any additional units. It's one one single family condo. It will stay one single family condo. We're not intensifying any of the any of the uh the front yard setback. Um in in
discussions uh with town council, uh one of the concerns the board had was uh regarding the basement area and that being a full basement and potentially that turning into a you know, more use. Uh so as part of our revised filing, we've turned that into a crawl space. So
you can't finish it. You won't have anybody living down there. Uh there is only one there will be one small section for mechanicals that will be the typical basement uh size, but that's just a small area. It's shown on the plan, but otherwise it'll be a crawl space. So no one will be uh finishing that or living
down there. Uh I know when I reviewed some of the minutes, there were some some some concerns about distance to groundwater. Obviously, by making it a crawl space as opposed to full basement, we're going to be increasing the uh distance to groundwater. Uh also, I know there was some talk about uh foundation,
how much is going to be exposed. So, we we're the plans show that it won't be any u more than 2 ft of exposure. That was a request of this board. So, we made sure that's shown on the plans. Uh there was also uh a request of the board about making sure that the foundation is uh uh
beautified, for lack of a better term. So my client is proposing a stone facade. Uh so you're not just looking at a you know a concrete gray foundation, it'll be a stone facade. So you know hoping that uh you know given that uh you know we've engaged with the board and work through town council that some
of these that these changes that we've made to the plan will be acceptable to the board to allow us to uh move this project forward, dismiss the lawsuit and uh everybody can go on their way. So I'm happy to answer any questions. I know town council's here and my client is here as well. Okay, thank you. Uh, I think we're going
to go to the board for some questions. Barbara, do you have any questions for the petitioner? Um, no. Um, no, I don't at this point. Okay, John, no questions. Thank you, Jay. Questions?
Um, just a couple just to just to verify a few things. The the total height of this, it doesn't have heights on any of the diagrams. Um, just want to verify it's Yeah, it is a two. It is going to a two-story structure, but it's no higher than what's existing. So, this structure
is unique because it has the windmill at the front of it. And so, we're the we're below the windmill height. I'm not 100% sure. I'd have to see if I can look at the plan, but I it it meets your height criteria. It's not close to 35 ft. No, no, no, no, no. 22. Yeah, I believe
that's correct. Yeah, it's not close. I think that was my primary question. And the only other thing I know came up some some of my discussion with town council was the septic. So there is an existing system there that this is already tied into. We'll continue to tie into it. When my client bought the
property, he received a passing title five which is on record with the board of health. So we're not uh proposing any new septic or anything like that. The three-bedroom septicable and health department will have to approve it anyways. Correct. Yes. Correct. So I don't have any other questions. Okay. I don't really have any questions either.
I did just want to clarify something on the facade on the foundation. Generally, if you're two feet or less, we don't require that. So, your client's not, at least from my perspective, is not required to do that. That's only if it's really built up, we try to press that
up. So, that would be at his election. Okay. I don't think we'd make that a condition. Thank you. Um, other than that, I don't have any questions. Um, let me go to the audience. Is there anyone in the audience that wishes to
come up and speak in favor of this petition? If so, please come to the microphone. Seeing none, is there anybody who wishes to speak in opposition to this petition? If so, please come to the microphone. Seeing none. Okay. Anything else you'd
like to add, council? No. And if there's any questions, I'm happy to answer anything additional, but otherwise, I'm okay. Okay. Is uh anybody prepared to we're going to close the hearing to the public, open it up for board discussion. Is anybody prepared to begin a discussion or to make a motion? I'm just
want to make sure that this this is not something given it's the cottage community. It's not a blanket approval or anything like that. It's just individ just this particular petition right here. We take all of that, right? We're not take we're not asking for anything other than for this particular unit.
Okay. and uh this ineptic. I'd be glad to make a motion to approve as presented this petition. It it doesn't seem like it would have any undue harm to the neighborhood or anything like that. And I think it's actually going to address it up. It's an improve much more
improvement over the current dele. Yeah, I took a site visit out there during this process. I mean, I can see through the walls. Yeah, you can see I mean it's pretty bad pretty bad shape. And you know, I think the thing is we're going to uh you know, keep the character the the windmill staying. So the building itself will pretty much keep the the
character itself. It's so motion made. Okay. So we got a motion to I'd like to say as presented. Um we have a second. Second. Second. Okay. Any further discussion? I do think you meet the criteria of the bylaw as
well. Okay. Uh I think it's going to be a very nice improvement. Mr. Chairman, there's someone online who would like to speak. Is this on this particular petition? Yes. Okay. Go ahead, sir. Could you identify yourself, please?
Yeah. My name is John Trudeau. Um, I'm speaking on behalf of my wife, Pamela King, and her uh father, Paul King. They own the property or the condo unit that is adjacent to this one. So, uh they are
most affected by by this project. as compared to anybody else. So, uh you know, this thing is going to sit on the same footprint, but uh it's almost going to double in size square footage wise.
Um and particularly the thing that bothers us is that um this property, the corner of this property is less than 20 ft from the corner of our house, which is unit two. Um, and suddenly it's going to go from
one story up to 24 feet tall. Um, so while everybody acts like it's the same footprint, it's the same building, it really is not. It's being increased from
less than,00 ft² to almost,900 square ft. Now, uh, everybody says, well, it's still three bedrooms. Well, when you increase the property to this that much, bigger rooms, more space means more
people. So, that leads to other issues. Not just the fact that we're going to have a house 24 ft tall that's less than 20 ft from our house, but um the drawings on here kind of misrepresent the parking. So,
the parking there is a maximum of four spaces there to park cars. That is the max. You can't park in the street. It's private street. It's one lane. You can't park in the street. There's no way to get by. Um, as far as increasing parking, um, from
what I understand, that is not necessarily doable because you need to, uh, get approval from every single owner within the association because you're going to be taking some more of the, um,
community property, shall we call it. So, um the the idea that we're going to almost double the size of the place, that means more people, that means more cars. Um all of a sudden the place gets
a whole lot taller. It's right adjacent to our property. Um and if you want to get technical about it, there's a bump out on the right side of the property that is not there now. So, there's some increased square footage right there
that's beyond the footprint. Um, sir, can I ask you a question? I'm just going to say that um I don't know. I just think that people are trying, you know, I understand people want to take a property and turn it into something
better. I get that. And you could turn it into something better that would be modern, new, maintenance-free. Um, but to double the square footage of the place and act like uh, you know,
it's no big deal. Uh, well, and disagree with Well, I I I don't I don't know that we don't think it's no big deal. Uh, is this the first that you've heard about this petition, sir? Um, well, we were un we were weren't
sure exactly what was going to happen as far as is it going to be one story, is it going to be two stories? Well, the reason why I ask, sir, specific could I could I just interrupt you for a second? Reason why I ask is this is a petition
that was dated May 26, 2023. Uh, we denied it the first time. They appealed it. I presume you got a a notice of this back in 23. Uh I your homeowners association I believe voted
in favor of this. I did. So I think that you've been on notice for quite a while about I'm I'm a little surprised that we're just hearing from you now. Um but this matter has been a remand from the land court. So this has been negotiated
between the town and the petitioner. uh you you would have a right to appeal after this if you chose to if we're going to vote in favor of this tonight. So, you still have certain rights, but I I'm just a little surprised that this is the first that we've heard of you or
from you. Excuse me. Well, all I can say is I apologize for that. um exactly when uh they received notice or or not. I I don't I can't speak to that personally. I don't have my wife here
with me. She was unable to be here. But um well, it is what it is, but uh I've made made my points and you know um you're you're going to do what you got to do. But um I think these are things
that should be thought about and I think that the pet practitioner in some cases when looking at their notes um were somewhat misleading about some of this some of this stuff trying to get their agenda passed by this
board. Well, thank you very much for your comments. Okay. Is that the only person that we had online? That's the only one that's all right. will be we have a motion made by Mr. Fra, seconded by Mr. Manonyi.
Any further discussion on the motion? No, I appreciate their their concerns, but I think them that uh this is something that's should be approved. I agree too. Um and there's certainly their rights are
still preserved if they want to file a an appeal of our decision. Um, I do think it does meet the criteria of the bylaw. I think it's not going to be any more substantially non-conforming than what's there now. I think it fits very nicely into the neighborhood. I
think one thing that uh people really at least our philosophy is we we believe that people have the right to redevelop their houses in a modern fashion and so we take that into consideration. We do note the uh neighbors concerns. We
do think it probably in this case would have been better brought to the homeowners association and a discussion at that level before it reached here and certainly not two years after this petition's come back to us. I think as part of the record there is a uh letter from the homer association when this
originally was brought up that the trustees voted in favor of the project. I think, you know, as you noted, given the utter disrepair of the building, I mean, they want to see something something done and Yes. Okay. It sounds like there's some neighbors behind me that think the same thing.
Okay. Um, hearing nothing, no further comments. All those in favor, please signify by saying I. Actually, we're going to take a roll call vote because we have people online tonight. Barbara I, John, I, Jay, I. And I'm an I. That
passes uh four to in favor, none against. As you know, council is a 20-day appeal period that must elapse. Then uh you'll get a decision. Or are you going to give us a draft decision? Uh I don't know how I wasn't I wasn't part of the original application. So,
however your preference is, I can work with uh I can work with uh town council on that if you'd like. Okay. We can do if that makes sense. So, if you want to get us a decision over, we'll you can just send it to me or send it over to uh the office and they'll forward it to me and I'll take a look at it. All right.
Great. All right. And then that was a special permit though. That's a special permit. Would you uh be willing to withdraw your request for variance without prejudice? Yeah, I could do that because I don't think there any variance was was probably wasn't needed in for this particular No, you don't need it, but you asked for it anyway. Right. So a
motion to uh make a motion to withdraw variance without prejudice. Second. Any discussion? Hearing none. Barbara, how do you I I J I. And I'm an I too. So that's withdrawn without prejudice. Perfect. Thank you very much for your
time. I appreciate it. And after you record that at the registry of deans, if you could just bring a copy back to us. Absolutely. Great. Thank you everybody. Thank you. Okay, hold on one second. Thank you. Thank
you. Thank you. Where you all going? This is all village. It is. Oh, okay. Well, nice to see you all. Have a nice summer. It's our signature property. Goodbye. Thank you. Thank you.
32. They don't make them anymore. Next petition is petition 5179. Timothy Kelly doing business, I guess. SMK Realy One LLC
that door, John. Yeah. Property located at 1230 Route 28 South Yarmouth. It's in a B2 zoning district and the applicant seeks a special permit for 104.3.2 sub paragraph 3 and/or section 301
and/or variance from section 203.5 and/or section 301 for front and side setback relief and relief from buffer dimensions and plantings in order to raise and replace a non-conforming structure and reconfigure non-conforming parking. Good evening, sir. Good
evening. You identify yourself for the record. My name is Tim Kelly. I'm the owner of Sam K Realy. Uh and also the uh which owns the property at 12:30 Route 28 South Yarmouth. Okay. Uh could you please tell us a little bit about what you want to do over there? Uh so basically we're just looking to uh put
the building back together on the same footprint with a couple of modifications uh that were suggested by the uh design review um with the dormers on the front. Uh we're going to use this. It's a non-conforming uh pre-existing. Um we're going to basically to beautify the
building a little bit because she said it looked a little plain Cathy and site plan. Uh so we're going to put some dormas on the front of the building. Um we're going to add some well it's got quite a bit of window space there. Windows already, but we're going to reconfigure uh the windows and um the
door on the front. And then we were looking to add a garage door on the back of the building. And then um just because of the uh the way the the lot is, we don't really have enough parking in the front with the way
that the building was configured. So we're looking to uh to add some parking in the back which is going to uh through the size of the parking is going to it's going to go into the buffer uh by 3 ft in the rear. In the rear, correct?
What about the side? The side relief we're looking for is because the building itself is because it's on a corner lot. That's side. It's considered a front yard as well, right? So, we have 20 ft instead of the 30. So, we're looking for for
relief on that. Okay. Okay. All right. Okay. So, um, the parking in the front, we're going to I'm trying to I'm There's two parking
spots in front of Right in front of the building. Okay. Sideways cuz I'm looking at this sheet right here. Yes. Is there a different parking? Actually, should be quite a few pictures up there uh in there as well. plan. Oh. Oh. Oh. I'm okay. Regular plot
plan. This was this is the planting plan. Yeah. I was just trying to use it one and the same. I see this one. Okay. So, you're going to have a parallel park there, right? You should have some colored renderings as well. Yeah. No, we do. Yeah. Um,
and so what um how many units are you going to have inside there? Basically, it's going to be um the building is right now is uh 2,700 square f feet. So, uh the the front main part of the building, which was fire damaged a long time ago, this
building's been sitting there and dilapitated for eight years. um that is going to be a warehouse. And if you're looking from 28 to the building, the left side uh 20 approximately 20 by 30 is going to be for future retail. So 600 foot of retail um there. And talking
with uh the the building commissioner, this will have to get a permit to do this anyways, but he said the the way the parking uh he was concerned about the parking in this in the square footage of the building. And with the with what I'm proposing for a uh business there, it's just going to be a a pool supply store. So, it wouldn't be
someplace that people are coming to browse in. They're going to be in and out. They're going to come get what they need and leave. So, he felt like that uh that would be something that would be acceptable. The back part of the unit, the 900 ft is going to be an office. Is that where you'd have employee
parking too? Is that Yes, correct. Um Okay. I I guess where I have a little bit of a concern is the parking itself. Um because obviously you're building this
for the long term. I know if you got a pool supply that you're right, there might not. But then again, people who have pools will come over there and look for materials from you, wouldn't they? Well, no. I do all my sales. We we go to the to their to the homeowner's house to do sales for pools itself. Are you going to offer any retail in out of that
building? Yeah, just uh well, just like pool supplies if somebody need to come and grab if I have a pool in my house and I want something like a chlorine or something. Yeah, chlorine is whatever it is. Um I can come see you. Correct. Okay. That's that's future. That's not
even that's that's that's potential. I'm not done. I'm not asking for that right now because that'll I'll need I'll need a permit for that once I do it anyway. So that I'm I'm basically just asking for the raise and release the raise and replace at this point. [Music]
Do you have an interior layout of this? Yes, it should be in there right here. We've gone back and forth with uh with with the building commissioner and the site plan and this uh we've had many designs and this is the one that we kind of all landed on. Uh parking included.
Just ask a quick question. Sure. Go right ahead. Um, is there going to be any signage or are you going to come back for signage once you figure out what you're going to do? I'm going to come back for signage. I'm thinking that um probably on the on the roof line. Yeah. Right below the windows. And uh if not, they just a street sign. A street
sign too. One of the two. One of the two or if not if if I'm allowed both, but I don't know that they I don't know that they'll allow both. There won't be any signs initially. You'll come back to us if if Yes. Yes. And for use obviously though. Correct. Do I need to come back for you for usage
on this? for the zoning once I'm the building is approved depends on whether it's I mean for that's why I I I think what what we're going to want to know here is uh because you got a a pretty good size you
got quite a bit amount of space here um what's upstairs nothing going to be open space you got stairs up but you actually that's that's an old plan that we had we were going to put a second story on the uh on the back side but that because uh
we found out we couldn't do it because the foundation doesn't have a footing under it on the on the rear part of the building. So, it won't uh it won't sustain a second story. So, that is just that's ex the one part of it. You should have had an updated plan on that. Sorry.
The stairs are going away. So, one stairs is going down the base. There is a basement on the on the rear portion of the building. There is a basement front portion is slab on grade. So, it's a full foundation underneath the back back section. The right side of the front of the
building has a basement for mechanicals which we are going to fill that in. Um and because we're going to have the garage door on the back and we're going to need to have a um a drainage sorry an oil catching system in there through through the per the board of health. So we'll fill that whole basement in and
put that uh put that catch system in there. So there will be no that'll all be slab on grade. Okay. So, as it stands right now, you plan on occupying really the whole building, right? That's going to be your office, your retail space, and your warehouse,
correct? And you're looking to maintain the same curb cuts. Actually, we're going to cut the uh we're going to uh if if you if you're familiar with the building, there's there are no curbs there at all right now. basically who the people that were using it before me that whole backyard it was just it's gravel so
there's there are no curb cut 28 uh no no additional actually we're probably going to make it a little smaller on the on Carter roadside so no the curb cut is already there the the uh the planter is already there we're just going to make we're actually going to make it we're going to actually enlarge it uh towards
the uh towards the building that front be a will that be a I mean a sidewalk there is there a sidewalk you there is a sidewalk there on the on the road. Yes. And the back has the back doesn't have anything right now. The back of the building that's so that that's all that
all will be new parking. No. Yeah, exactly. That's it was gravel. They used it for whether it was permitted in originally for parking. I'm not sure. But it you can tell it was it's been used as a park. You don't you don't need a curb cut off of Carter. No, sir. Looks like grass. Yeah. It's It's a
little grown over here. Certain times of the year it does, but uh yeah, if you go back and look at a lot of the old pictures, um there used to be a couple of containers back there as well. Is that a shed in the back corner? It is. Is that going away? I would like to keep it there if possible. Um it's not in the plan.
Well, [Applause] John, do you have any questions? Um, you pretty much answered. Well, I guess the only other thing is the additional signage down the road would go up front where all the plantings are.
Is that where you would put that? Yeah, I would put it in in that. Yes, in the planter on 28. Correct. I don't have anything else right now. Well, so you're just looking for the use to be one business in here. Correct. Correct. Okay. So, you'd be limited to
that in our decision. Um, what? I don't know that I'd need another option for that. Well, your parking demand right here. Okay. I'm a little concerned that you don't have enough parking. I'm wondering if
you might be able to turn your parking a little bit instead of having those parallel. Could you just turn those and maybe make them either angle or straight on? We've tried. It just doesn't doesn't work. Not with the um with the uh planter having to be uh the six foot pl
has to be six foot inside my uh property line. So, there's just not enough room for it to go that way. We've configured this in many many different ways. This is again this is um between the building commissioner and the site plan review. This is kind of we've we've gone through
many many different layouts and this one is the kind of the one we landed on. I mean I I I think it's an attractive project that you're proposing here. I don't certainly don't have a problem with the aesthetics. I think the concern
that I have though is parking and also the size of the building here. I think we're going to have to restrict this to one business and that's a lot for one business if you wanted to have, you know, subdivide it and leased other people. I don't know that we could do
that. You just don't have the parking to do that. I agree. I have an issue with that. Somebody wanted to if I were to after the building would have changed hands or something and somebody wanted to come back and ask for that relief, that's on them. But for now, it's I'm just uh seeking it for myself.
And how many employees do you have? Well, well, let me ask you this because I'm only asking you this in a retail sense really. Is are you going to have people working in here to sell products? It would be one person if if Yeah. If we in fact
open the store, there'd be a one person working the retail store and one office. So, we would only be using two parking spots for for actual employees. Um, and you guys even tried the angle parking in the front, too, and that
didn't work. Yeah, we I I had configured it a couple different ways um with the back parking, but I it would push me farther in. There's no way I could get the any more parking. I was going to try and put them parallel, you know, perpendicular with the uh with the fence line, but there wasn't enough room for
the turnaround. There's Yeah, we've we kind of ran this through over and over and over. We got as much as we could out of it. Unfortunately, I would I would love to have more parking. Trust me. I mean, I would suggest that anybody that pulls in there is probably not going to adhere to the parallel front parking.
Those are big spaces. 10 by 23. I think that's that's the regulation. I think they're 10 by 20. I haven't looked at I think it's parallel. Got to get to 10 x 20 standard. 10 x 20 standard. 10 23 with paral 10 by 20 on the regulars. Yeah. Which which is a big
spot. Yeah. Um, well, it is still I think it's fairly tight. So, I think that, you know, having that extra space is going to be nice because it's a small small spot coming in there. So, I I uh a little extra space wouldn't be bad for him. You know, the part of that is for the sidewalk as well uh going into that
front door. So, that makes it look a little bigger than it actually is. What What about the drainage? I know in under the design review they or the they asked about identification of the drainage and where it is. Is there is there there is a there is uh drainage
there and that was only if they they we had to raise the manholes and we had to if we were going to be paving. Um but we're not sure that we're going to pave yet. It might just be a gravel uh parking lot. That's why you're just going to have gravel in the back or is it going to be gravel in the front? Well, the the front half is the front part is paved already. Yeah. Um, and there's a there is a catch basin I
believe right outside the uh right outside that uh that parking spot. Um, but yeah, the back we were just, you know, proposing gravel at this point. Can you just identify for me where that patch catch basin is because I'm just trying to figure I'm pretty it's not
it's not on any of the plans. Um, okay. Yeah, I just so I can't I just asked to have it identified. That's why I was asking where it is. And it also talks about um roof drains, how you're going to drain from the roof.
There's a lot of drainage obviously from the roof space. So you have a total of five spaces here. The one going the other one going into the garage door will be considered employee parking at loading dock. Employee parking. So we have six. Oh,
just going back to that shed. How big is the shed? Uh 12 by 12 maybe. 140 144 my math. Um so it's under 150. How close is it to the Because there's not a lot of room in
that back corner now for the shed. That's why I'm asking. Oh, it's just Yeah, it's tucked It's tucked in there pretty good. Yeah. How close to the lot line? Is it right on it? Eight or 10 feet maybe? Do you show that on a plan? I do not. It might be on um It may have been on I don't see it on any of the
plans. I just happen to see it in picture. Maybe I took a picture. I've got plans upon plans upon plans. This is all I can see. Take a Are you planning on keeping that shed if if possible? Well, I think that probably should have
been Yeah, I do have it on here included and it should have been identified on your plan. Your engineer should have identified that. Okay. So, we got it on one plan we didn't have. See that? Is that the original? Is that
the current situation? Is that what that one is? That is Yeah, these were just before this was this was that's that's pre that's existing conditions plan. Okay. Because we don't have that one. Well, I don't have it. I don't think so. How are they going to do the
driveway with that shed there? It's going to have you think? I think so. Yeah. How you going to do that driveway with the shed where it is? You're going to have to move it. That's that I would be open to that. Yeah. few if I'm allowed to if I'm allowed to keep it. Yes, we'll I slide it back. So
that's you. And the shed's what size? I think it's 12 x 12. I'm not actually sure. Doesn't look like it's 12 by 12. Like 8 by 12, maybe? Maybe. Yeah. So, what are you going to do? You going to remodel it and fix it up? Actually, that's the best
thing on the lot. Well, you're talking about a new building. I mean, what what are you going to do with that? We would just Yeah. spruce that up. It's It's not a bad looking It's not a bad looking. Okay. So, you're going to you're going to fix that up, too. How close do we let those go to the Usually?
Well, um if they're 150 ft or less, I think they're six feet off your lot lines more. Anything more than that, they can have to conform to the setbacks. So, they got 20 20 set back from the driveway out in the back and then
another 17 on the other side. So, and there'll be no um entrances from the rear to the front of the store. No, no, it'll just we'll have our pass through door from the office and the warehouse. So, no, no, nobody can, you know, they'll have to come around. If they do have to park in the back, they'll have
to walk through. See that? Do you guys want to take a look at that? Those were existing conditions right here on the ground. You'd have to move that no closer than six feet to the property line and still make it fit with the driveways. Yeah, I think we because I'm 17 and 20 from
that. So, I would definitely Yeah, that's Yeah, the math works. Max, it's close. That's actually not before us tonight. So, if there's a question of that and you want to put it somewhere and it violates, you'd have to come back. Would that be would that fall upon your though? Would it just be the building department for that shed? Cuz
he he'd make the determination wherever you stuck it. Okay. Put it. Oh, there's If it's less than six, you'd have to come back for some kind of varian. I don't Yeah. Yeah, we'll try to we'll try to not to we'll try not to
bother you with that or if it's over 150. The septic is um it's it's it's actually a cess poolool and because the uh the new the new sewers going in. Uh we spoke with the board of health and they said if I were to come up with a an aggressive
maintenance plan for the cesspool um with a uh a regular pumping of it they would allow it to continue until this until the connection. Correct. Which I thought was very nice of them. So this footprint is being expanded. Correct.
The building. No. This footprint right here is all is footprint of the building. No. It's ex same foundation. We're using the existing foundation. Okay. It's really just the added parking or parking and the landscaping.
I mean, this is a nice dress up of the building and it needs it. Needs it bad. Yes. This is We've been working on this for a year and a half. Okay. You know what? I think if we're done with questions, I think what I'd like to do is go to the uh audience here and see if
anyone has any comments or questions they may have of the petitioner. Please come up to the microphone, identify yourselves, and tell me. Mark Fallon, 13 Carter Road. And I just have questions for the board, not not for the applicant. So, this property was listed
on Zillow for the first five months of the year. It was just taken down three weeks ago. I have the Zillow out if you want it. And in the and so of course the listing is still up and it states property is mixed use. You can have a business in a residential dwelling
building is fire damage in need of major repair repairs or complete tear down. I'm currently working on permits to tear down and rebuild on existing footprint. The price will increase dramatically once the permits are handed. So my questions to the board, you're making a
decision tonight based on a specific plan for specific use. So you know there's specific parking, you've talked about that a lot, plantings, entrances. Still talking about that. You're still talking about that. So if the property is sold before construction is
completed, does the new owner have to follow the plan that's presented tonight? Yes. Or if they want to make changes, do they come back to this board? It would have to come back to the board anything they want to do other than that we allowed tonight which
may be a bit restrictive to the petitioner because we don't have sufficient parking on this site here for what could be there. I mean you could conceivably take this and subdivide it into a number of different businesses but you don't have the parking. That's
why I'm saying to Mr. Kelly here. Um, you know, I that that's my biggest concern. You have really five. You say you have six spots, but right now I'm looking at five. Um, we and this we discussed that with uh with the building
commissioner as well that if anybody if this did change hands, it's going to be Yeah, it's going to be limited to what anybody can do with it and it's going to be based on approval. Um, and it's anything if it changes hands, somebody wants to have another business in there, they're going to have to find out if it's if the parking will sustain
whatever they want to do. Well, I think it's uh kind of I mean, we'll certainly discuss this, but my my initial thinking is that this would be limited to one business uh that this one business takes up the entire floor plan.
Uh, no subdividing, no subleasasing. I was that's kind of where I was where I was figuring it was going to be and use the use is going to be for pool supply. So this is so if there is a change of use they would come back to you as well.
Great. Thank you sir. I mean I I think if okay if you have any further questions just let us know. Thank you Mr. Fallon. Um, and and that's just my thoughts initially and we'll discuss it with the board, but I I again it's really it's
it's the parking demand that I'm I'm having a problem with here. I I think the building is nice. I think what you're proposing here is going to look beautiful and I'm and I'm fine with um just saying yeah with all the with what you're saying right there as far as one business and no sub that's kind of what I anticipated. So I don't have an issue
with that at all. And I would, you know, that's one of the reasons I asked if there was going to be an entrance to the front of the retail spot from the back is I I'm not keen on the idea of customers driving down Carter
Road to get into this. I'd like to have them come in off 28, which with your business, it'll probably be okay. But if if you had a business that had really high demand, this could be a
Well, I mean, I've been by this a million times, but the curve has really not laid out for a lot of demand in the front. No, and that's and again, this is why um you know, I'm aware of this. I knew this was going to come up. We've already discussed this. Um and you know, that's
Yeah. So, right in in line with what you're what you're saying and it's completely expected it and that's that's the kind of the consensus we came up with when discussing it is the fact that it is going to be a business that you're going to come get something that you need and leave. There's not you're not browsing
around. So, there won't be uh it's not going to be customers um that are just in there shopping around for an hour looking at things. So, it's the traffic is going to be very very small. No, I I I I I don't think it's a business that lends itself that you're going to have people not I mean it's it's a specialty business. I understand that and I agree
with that and I I think we all agree. Um when I when I look at things like that though I also look at the future and subsequent owners subsequent blesses if you don't want to be there anymore.
So, these are all things that I'm sure you probably already thought through. Um, any else? I asked, is there anyone else that wishes to speak on this petition? If so,
please come forward. Seeing none. Okay. Anything else you'd like to add, Mr. Kelly? No, I think I've uh said Okay. Uh well, we're going to close it to the public and begin a board discussion here. Um
Jay, what are your thoughts? I agree with you that you can only this is parking limitations here are tough. Even just the two front parkings are, you know, I don't know how good everybody is at parallel parking, but I know some people that don't really like it very much. You need a three-point turn maybe
out of one of those. So, it is it is going to be tight for parking. So I I agree with you that a single business in this location is probably the maximum what you could do. And if this is going to be primarily used for storage, an office and uh small retail, then I think
that that's okay. Well, this is going to be limited to at least in in my thinking is uh the use will be that of a pool company. If there's a change of use in this, they have to come back. I agree. I agree. Um, so I'm I'm I would be in
favor of it as long as that's those are the criteria. I I think um uh the one thing I would caution also is the the shed in the back has to maintain has to be maintained according to the bylaw. Um and if they're going to keep it, they
have to fix it. Fix it up. Yeah. Make it look nice. Yeah. Sheds, like I said, shed's probably the best looking thing on the property. We we we take your representation. That's fine. So any otherwise, I would I would agree. I agree with you. Okay, John, what do you think? Well, I I mean,
I do agree with everything you said. I'm wondering uh with this door in the back, there's no you can't access your retail space in front through that door. No, that's what we didn't that's what the designer, they didn't want that. U plus I wouldn't the the the parking it wouldn't work out well to have to try
and back into that unit. So, that was the whole thing getting that getting that garage door off of 28. That was Yeah, that was um Well, no, you got a not the garage door. There's another door. Yeah, there's a door in the side. The little the little um Which one are they showing? Was into the office. Oh,
that Oh, that's just for the office. So, you on the back portion of the building? Yeah. Sorry. What I'm saying is couldn't you access your retail space through that door and then that way some of the customers could park back there and rather than have to walk all the way around to get to the front door. I would
walking through this. What's the sufficiency area? Um well that again that's going to configure a little different because we're losing that um that uh that stairway. So you're basically just going to go in there and that's just going to be an office with a little the whole thing. You'll be all of that in the rear will be office.
Correct. You'd have to walk through the office. Have to walk through our office to get to it. So you're kind of just you know you'll be kind of interrupting one business. How much office space? You think? Yeah. I hope uh Well, so you really get two spaces for
the customers. Yeah. And and it's and it's a specialty store though. How many people are really coming to buy pool supplies? You know, it's uh that's I could see two customers all day potentially for something like that. Again, because they're uh it's specific. So, you can almost, you know, some so
specific that you could potentially just buy it online um or just if I have to happen to have something that they need right away. Um, so you build pools, right? Correct. Yeah. Okay. That's what the storage is for. Correct. So, but as far as my client meetings, I'm on I go to I go on site to meet the customers
because I want get a look at the lay of the land and this and that. So, even if they come over here, I'm sure that's that that's not going to be a problem. That that's that's quiet stuff. Um, if you come over and have a meeting, but it it's good advertising for you obviously to have a nice company right here on 28.
And it's it's very good for the neighborhood too to to have that redeveloped and it'll look really nice on the corner. Um Barbara, your thoughts? Um no, I I was
just concerned with the parking in the front. That was that was um parallel, you said. Yes. I don't do parallel. Well, hopefully anybody's done it when they pull in. Anyway, it's like the Bass Burbal liquor store, the moonshine. You know, you're driving there and nobody
parks this way. And I It's probably It probably won't be a problem because you won't have that many customers. But yeah, I have a hard time imagining people coming in and the parallel parking. Yeah. And we actually cut the if you look on the the the the front of
the parking that's going towards Carter Road, that's where we put that big angle on there to make it much easier. So, it's it's it's kind of it's it's it's going to be a much easier angle to get in and out of there because the the left side of the property uh is pretty wide open and the right side, like I said, we we cut a chunk of that angle off just so
you can uh kind of make easier access to that. All right. No, that's all I had. We have this. I can actually That's my original. Can I get this? Yeah. Can you have that? I'd like to uh have one of those for the file. We got to make mark
this as exhibit one. Okay, we got received at hearing. We're going to use these right here as a representation. This one and this one. Obviously the plans
[Applause] not in there. Um okay. Anything else you'd like to add? Uh Tim? No, I think I've uh said I think as much as I can at this point
have questions. All right. So uh so the conditions we're going to require are basically a single pool pool supply store business pool supply business store and storage whatever and storage is represented by
the petitioner but it's only his business. Uh it it's pool supply. So if someone else wants to come in and do the same thing they can. All right. So if you uh but if anybody does anything other than
pool supply company that's a change of use and they must come back before this board for further hearing and further special permit. So I'd be happy to make a motion to approve the submission the petition as presented with that condition that it uh
that it be limited to the pool supply and and the storage single use and um if anybody changes it they have to come back and I think that that would be a a reasonable condition
given the parking okay just that one condition I think that what the decision will reflect is that again that it's one business pool supply um
limited do this. This whole front part right here is your retail space. The back is your office space. You have your storage and uh if there's any change of use, you must
come back before the board or whoever else wants to do that. Reasonable. I guess the one other thing I'd add would be that it adheres to all recommendations from engineering on the design review, right? or site plan review. Uh, design review. We've met
that. It's engineering. Site plan review. Let me let me just take a look at site plan review. What you're referring to, I saw engineering here. Let me just take a look. I think we covered most of the stuff with the plan that you're seeing. Cuts. Yeah. With I think that addressed everything cuts and
have you covered the drainage issue? Is there a drainage issue? There's not. There's there's no puddling there now. Nothing's happening. So, it's Yeah, it's fine. I I I think given I think if we paved it, that would be my experience with that property. It sits a little bit
of a higher elevation. It's probably It's probably just going to run off into Carter Road or off Exactly. 28. I I don't really two drains do that. It's not a big building. Yeah. And it's it's really the size of a house. Yeah. I think that's why he noted it. If we paved, it says on that notice, if we
pave, we're going to need to deal with drainage. But as it sits Yeah. Yeah, it's fine. There's two there there are two c there's catch basins on the um kind of towards the back on Carter Road. I'm almost certain there's two of them over there. There's probably one right out somewhere on along 28, too. So, you
don't feel that that's necessary? We don't we don't have a drainage plan, though. That's the thing. Yeah, I'm not sure it's going to be that uh that much of an impact. I think we're probably okay on that. Okay. Okay. So
Jay's made a motion. Second. John, you second the motion. Okay. Any discussion on the motion? The only thing I would add is I do think you meet the criteria of the bylaw. I think this is a great improvement to the
uh the Route 28 there. Um glad to see you coming in. I think it's going to be great. You'll do well. Okay. And uh we wish you the best of luck. Okay. Uh we're going to take a roll call vote.
Barbara I. John I. Jay I. And I'm an I. That passes four in favor. None opposed. Uh as you may be aware, there's a 20-day appeal period after the decision is clocked with the town clerk. Once uh that period
elapses, we will contact you. You can take your special permit over to the registry of deeds, record it, and return it to a copy to our board for our records. Um, we have a uh
request for variance. I think you want to withdraw that with prejudice, please. Without prejudice. We'll do that, please. Okay. All right. So moved. Second. Any discussion? Hearing none. Barbara, I. John Hi, Jay.
Hi. And I'm an I. Excellent. So that uh that's unanimous. So you're all set, Mr. Kelly. We wish you the best in your future endeavor. Thank you, members. Appreciate it. All right. Very nice. See you. Okay.
Let me get situated here. Yeah. Okay. put your agenda away quite yet. That's that one. Okay, let's go to our final petition.
That's Dennis L. Mason and Deborah A. Mason, trustees of the DND Realy Trust. Property is at 10 Embassy Lane, Yarmouth Port. It's in an R40 zoning district. The applicant seeks a variance from
section 203.5 for front setback relief to construct a 16x 24 sun room and extend an existing 12t deck. Come on up. Have a seat. I'm Dennis Mason. This is our architect
Sam Striber. Okay. Sam has worked with us for the last 15 years maybe on many projects. And I'm Deborah Mason. See, but I I I'm we're going my seat to Mr. Striber. Oh, I see. Okay. So, well, that's all right because I make a good
driver, so I'm always out front anyway. Say so. So, what we have any questions? Would you like us direct them to you? Well, okay. All right. No, it's okay. I I'm used to that, too, as well. So, Okay. All right. Why don't you tell us a
little bit about what you want to do? So, um we over the years, um the family has kind of grown and um we've needed just we built this home 10 years ago and uh we love it there and it's a great neighborhood and um as it's grown, why
we've needed a little bit more space since we now have more numbers of people and so we want to add a sun room more and it gives us a little more space when we have our gatherings and so forth so we can all uh get together and enjoy the property and enjoy Cape Cod. Okay. So,
um yeah, it's a 16 by 24 sun room and uh then we've uh increased the size of the deck, run it a little bit further on the back by another 10 ft and it will all blend into the exact to the uh existing uh structure too as well. The structure
itself is a um as you see is um we kind of copied it after the old Yarmouth in that back portion you know where they enclosed that where used to be summertime and only two season. Oh yeah. So we like the looks of the windows you know and the panels and so forth. And then we put a um a a standing seam metal
roof on a 12-in roof to kind of give it a nice uh you know character to the to the Have you been to Old King's Highway? Have they taken a look at it? Yes. Yeah, they they you should have you should have the sign off in there. So, yes, we have the sign offs
from them. Okay. All right, that's good. So, do we see if we can fit it on the property? Um, anything else you'd like to add at this time? I think that's it. It's we just um again when we started into it why u my memory loss as I get older see
I it kind of hit me that wait a minute we got a corner lot here and so we have two front yards instead of a sideyard and so forth. So yeah, we uh yes, we're aware of that. Those those corner lots can be a little difficult to navigate
the setbacks. Along Bray Farm there, though, we have all trees and so forth, so you really can't see even into that end of the property. I don't know whether it shows that on the photographs that I took, but you know, it's nicely do we keep up with our property, so No, no, no. It's it's very nice. Okay. All
right. Why don't we uh go to the board with some questions? Barbara, do you have any questions for the petitioner? No. Okay. No. Looks very nice. Okay, John. No, I don't have any. Well, maybe one. The deck is how far from the rear lot
line? From the proposed deck is I think it's 37 feet is what I is that? Well, that's the Okay, I see that. That's where the current deck is, too. Yeah. Okay. Yeah, it's it equals the
existing deck there. So we don't go any further back. So Right. Gotcha. Okay. Thank you. Mhm. That's all right. Okay. Jay. So it's a it's a a corner lot, so 30 ft is
the norm on both sides. Um it looks like the current one h how deep is that one? Is it How far out from the house is the new sun room going to be? Uh 16 ft. 16 ft. Yes. So 16 plus the 19. And so
you're about 35 ft right now, approximately 36 ft correctly. Correct. And you'd be going probably just over 10 feet into the setback. Correct. And it is a side setback. That's be Yeah. Second front. But yeah,
call it I call it the side. Side front. Side front yard. Yeah. Side front. Thank you. Anyway, um yeah, and across the street there's woods. It looks like that's correct. Is that a part of No, it is not. Okay. Well, let me say this. If they want to build something there, they have to do it. But I think it's I think
they form aimed it. I think it is combined with the lot that the house sits on, which is deep. I know it's a very do it. I just sold it last year. I can speak to it. There you go. I was their realtor. Go right ahead. Um, tell me about it. It was originally two lots.
Uhhuh. But the owner never subdivided, so it's grandfathered. It will never be able to be. So it is a part of two grey farm. So what they would ever be able to do would to come and request to do like
an ADU on it or a garage or something else, but it's it's never going to be its own single family lot. Right now it's just wooded. It's all wooded. Correct. And then you have trees between them, right? Yes. And we have completely treed that side of uh Bray
Farm. And then the whole back of our property is treed as well. I think they were arrives. Is that right? No. White cedar. Oh, there's blue. Okay. Yeah. Nice. And they're fully. All right. So, it's really the request is 10 ft into the the setback. Um that's all I had.
Okay. I don't actually have any questions. I understand what you want to do. Um, we're we're sensitive to people who come before us with corner lots. We understand how it can be difficult to
meet those 30 ft on each side. Um, uh, let me just see. Is there anyone in the audience that wishes to come and speak in favor of this petition? Please come to the microphone, identify yourself, and tell us your thoughts. Hi everybody. My name is Sharon Valancord.
I live at Nine Embassy. Um, and Deb and Dennis are obviously our neighbors. They live right across the street. We're in favor of this project. They um are great neighbors, keep a really nice house, so we're here to support them. Okay, great. Thank you very much.
Anyone else? Is anyone here to speak in opposition to this petition? If so, please come to the microphone. Seeing none. Okay. Uh, do we have anybody online? No, no one with their hands raised or anything.
All right. Is there anything else that you'd like to add? I'd like to build it. Okay. We're going to have a little discussion about that. Okay. All right. So, I'm under a lot of pressure now. You understand that? So, I
can see it, you know. Uh, okay. We're going to close the hearing to the public and we're going to begin board discussion. Um, anybody want to begin a discussion? Jay, what are your thoughts here? I think it's I think it's a very nice addition. It's it's 10t into
the side front setback, but um and there's no one across the street. There really isn't. Um, so I don't I don't really think it's a problem. I think it's reasonable reasonable request and I would be supportive of the project. Okay. Thank you, Barbara. Your thoughts?
No, I'm in support of it. Okay, John, I'd agree with Jake. Yeah, it's reasonable. Nice project. Yeah. Okay. I think so, too. I think uh it's a reasonable request. We get them from time to time on the corner lots. I mean,
you still have approximately 20 ft from the end of your uh addition to out to the property line, which doesn't really include the uh probably what you're stealing from the town setback, too. Um, so you got plenty of room out there.
It's very tastefully done. I think it's going to be a very nice addition uh to the neighborhood, and I do think you meet the criteria. certainly don't think there's going to be any undue uses hazard or congestion and I think you're certainly not substantially more
detrimental to the neighborhood or the surrounding zoning district. Um so is anybody prepared to make a motion? I'll move to uh approve the petition as presented. Okay. No conditions. No. Do
we have a second to the motion? I'll second. Okay. Motion made by John, seconded by Barbara to approve the petition as presented with no conditions. Any further discussion? Hearing none. We're going to take a roll call vote. Barbara I. John.
Hi. Jay. I. And I'm an I. That passes four in favor. None against. You may have heard on the last petition. Once the decision is drafted and filed with the town clerk, there is a 20-day appeal period. After that period elapses, we
will contact you. You can come in, pick up your special permit, take it over to the Excuse me one second here. Let me just check on something. Take it over to the registry of deeds,
record it, and just bring a copy back for our records. Okay. I just want to check on something here for a second. Uh the I just want to backtrack just one second on this. This is not special permit
relief. This is variance. Correct. So before we take the vote, I do want to make uh a further comment on the criteria. I think you have met the criteria for a variance. I think the you have a hardship. I think it's owing to
circumstances relative to the lot. specifically the shape and the topography. Um, and so, uh, I think by granting you this relief, we would not be deraggating from
the purpose and intent of the bylaw. And so, therefore, you do meet the criteria for a variance. So, the variance uh, and is everyone in agreement with that? Yes. Yes. Okay. So, we are approving the variance as
requested. We're just going to do another vote on that just so we're all clear. Barbara I John I Jay I and I'm an I to approve the variance as requested. Same uh same requirements once it's filed with the town clerk. 20 days must
elapse then you can pick up your special permit. Take it to excuse me the variance take it to the registry of deeds record it and bring a copy back for our records. Do you have any questions? Nope. All right. All set. Well, good luck with your project and thank you very much for coming in. One
quick one, though. Go ahead. Can I go ahead and start process with the building permit? Uh, they I you can I don't think they're going to You can check. Don't you have to grant it until at I I think they're going to have to wait until after you get your variance
issued before they'll process your paperwork, but you can take that up with them. Okay. Okay. You can certainly get everything ready, any sign offs you need or any of that. just get them ready and then contact everybody if you need. I have that package ready right now. We we
do this every day. Thank you. I was going to say she looks like she's experienced with this. Thank you, folks. All right. Thank you. We have minutes from May 22nd. Like to make a motion to approve the minutes. Okay. I'll second.
Second. All those in favor, please signify by saying I. I. I. Any oppose? Hearing none. You have anything else on the agenda tonight? That's it. Okay. Make a motion to to adjurnn. To adjourn. I have a second. Second. Any discussion?
Hearing none. All those in favor, please say I. I. I. We are adjourned. Mr. Martin not appearing tonight.