Good evening everyone. In progress. Okay. Good evening everyone. Welcome to the regularly scheduled meeting of the Yama Zone Board of Appeals. Today's date is August 14th, 2025. My name is Sean Igo. I'm the chairman of this board. Uh this is a hybrid meeting and it's being
recorded. Uh, we are going to call a quorum or a roll call to get a quorum. Mr. Martin, I am here. Eager Barbara Murphy. Anthony, I am here. And I'm here as well. So, having a
quorum, we are ready to proceed. We have three matters on our agenda tonight. The first petition is petition number 5186. Michael and Rita Seridarian. That correct? Got it. Come on up to the tables. Yeah.
Uh the property lo is located at 33 Seol Drive in Yarmouthport. It's in an R40 zoning district as well as the APD and zone 2. The applicant seeks a special permit per 104.3.2 subp paragraph 2 andor a variance from
section 203.5 from front and side setback relief to build a front porch and to raise and replace a garage with an addition. Good evening. Good evening. Would you identify yourselves for the record, please? Michael Seridarian. Okay. And I'm Rita Seridarian.
Okay. All right. Uh well, why don't you tell us a little bit what you want to do? Uh we were planning to try to take the the uh garage down uh and put in its place a master bedroom uh with a bathroom closet and a family
type room in the back that would kind of connect to the deck and out to the yard. Um, and we thought that we had met all the requirements until we came down to visit and discuss the building permit because we had finally finished the drawings we
had been waiting for for several months. Um, and they said, "You have a big big problem." Well, I don't know about a big problem. But anyways, a stumbling block. Yeah. The architect thought that the uh 15t setback was going to meet the requirements and we discovered no, it
needs to be 20 feet. Um, and the problem. So when I when I came down here, they we talked to the the assistant build building commissioner, I think it was that day, and he said, "Could you speak up a little bit? Can you hear me now?" Yeah. Yeah. Yeah. It's the it's the blower going.
Yeah. The blower. Anyways, uh they realize the house was not compliant to begin with. um Seminal Drive. Actually, a majority of the houses will not meet the the 20 foot uh requirement because that's very typical of the town of Yarmouth. Actually, over the years,
they've changed the zoning throughout the town. So, houses that were built prior to the change in zoning become legally pre-existing non-conforming. So, nothing really conforms anymore unless you're a new lot. Uh
yeah, maybe that was the question. I defer to Mr. Martin on that. Some things that some things do. But at any rate, um so anyways, it's very common for you to have to come before us. Thank you. So yeah, the architect thought that it was grandfathered in
because all the dimensions didn't. So anyways, that's another story. Yeah. But anyway, so it clips one corner of the house uh and then the other is the front porch is off by a section of the front porch. So basically,
um I took some photos of the other properties where we're really not near anything. We're not up against anybody's property. We have plenty of space around the house. Um if anything, their their properties are closer to our properties. Okay. Um
but uh hopefully, you know, we're hoping that you guys will vote to to let us move forward since the drawings are already ready to go. We were hoping to start the permitting process. So, okay. All right. Well, I'm looking at your uh plot plan that you've submitted
to us, and I see that on the right side of your house where you want the addition was 21, which did meet the former setback requirements, and now it's going to be 157. Um, and you need 20. Now, on the left
hand side of your house, your existing house is 17.6. So that's where you become non-conforming, but you're legally pre-existing. So you don't need a variance. What you need is a special permit. Yeah, that's what they told us. Yeah. Okay. Okay. Yeah. Because you're
uh alter and extend under the 104 section. Okay. So Okay. Is there anything else you'd like to add at this time? No, we're obviously hoping that you guys would say it's okay and we can move forward. So Okay. All right. Well, let's see what
the board thinks. Mr. Martin. Yep. I have too much in terms of questions. I I think the plan that shows the uh uh sideline setback that would on that
side, which was non-conforming at 17.6 before, it's going to be probably even a little more non-conforming if you figure in the covered porch, right? Uh another another foot or two. Yeah. Yep. So,
uh, so it probably should really show that. Uh, so, but in terms of the front setback, you're getting down to 25s and some odd inches from the street instead of the 30.
Um, I uh I don't think I had much of any other questions. We were looking for relief in a number of locations and uh I mean I think it's fine. I think
your house plans are fine. I think the looks of the house is fine. Actually, it's a little strange actually. the the proposed right elevation. I mean, almost looks like another house, you know, in terms of in terms of the uh
what I look at the the the picture of that seems a little is that door on the Let me see. Look at the other plans. The side door, the new edition would have a side door so we can get into the So that's the side door and the new edition. thinking that would how be
it's just funny cuz it looks like another whole front of a house, you know. Yeah. We were thinking that we instead of going through the front door when we pull in to the driveway, we would come in from that side door cuz that would be the family room, you know, take off your coats, you know, boots and whatever, and you
can come into the house rather than going from the front door. So, yep. I see on the plan that's fine. Uh, okay. Uh, I don't have any other questions. Okay, Barbara, do you have any questions for the petition?
Um, well, I mean, I'm I'm I'm sympathetic. There's a a letter in opposition from a neighbor, and I'm sympathetic to that. Um, really, I'm surprised. Um, they don't need to be showing hardship.
They don't need to show hardship. No, I'm just concerned it's so close to the the neighbor's lot line. Yep. Um, yeah. I I just don't like the the design or the closeness to the neighbor's lot line at all.
Which lot line am I too close to? Uh, the neighbor to if you're facing your house to the right. The right is that 31? No, it's now going to be 15. Not 11. Yeah. Seven ft.
And you were before you were 21 ft off your side lot line. Now you're 15.7 the side side. Are you Are you talking about uh You're talking about this one right here.
Three conquered lane house. Yeah. Right here. Which uh which neighbor this which neighbor we close to here? Uh three conquered lane. Yeah. Yeah. We're We're 26 ft away with the new addition. Where
you want to sh Where's conquered? Where's the conquered street house? Some measurements. Are we looking at the back line or the sideline? I know where conquered is conquered length. They're the ones that their porch is six
feet away. So their porch, their deck is 13. So they just in reference to semol. Where's conquered lane? Right here. It's this wall. It's this lot. So So they're complaining that we're too close, but we're I went out and did a
whole bunch of things today. So this is the stake. They just had it staked. I had it staked. It's almost the same location. They survey. So here's their part. This is their deck. Mhm. So this So I measured from that stake.
You see that? Yeah. From I measured from the stake to where the new addition is going to be and it's 26 ft. Okay. So, I don't know where they're saying they're too close.
And And what is what? Yeah, this is where I'm concerned with here. Yeah, but that's this is this guy. Well, either way, I'm concerned about the tightness right there. Yeah. So, I tried to show that, too. Yeah. to show that.
So if you look, that's the house that he's looking at here. Here. So he's set back up further. His house is way at the corner over here. Mhm. So I was trying to say we're not on top of him. So I kind of measured
what basically where those two houses were just to get a sense of are we really encroaching too close to them? And I how far are they off their lot line? So, their ones I measured. Um, so here's what I measured.
Okay. Measured today. I didn't think this was going to come out. Wow. Okay. But anyway, so here's this is the garage. Yeah. So, I went out 5T off of this garage because that's approximately what we're adding to the the side of the house. Um, and then do you know how far he is off his lot
line? Yeah. 13 ft. So, he's only 13t off his lot line. Yeah, that's the pe the people on conquered. Yeah. That are complaining. All right. So, he's he's less he's less than what you're asking for. Yeah. I'm I'm 26 feet away.
Well, everybody Okay. Okay. All right. A lot of space around our house compared to Can you leave these with us? Sure. And then this one is See the steak? Yeah. St. Just to give you um
a feeling for that steak. It's kind of hidden behind this thing, but that corner of this guy's house, which is lot this lot. Mhm. That one I measured. So, concrete line 726 ft.
Okay. Okay. measuring math because I was thinking what happens if they think it's too close and I'm like it seems like it's pretty open in the back because once you get to this corner that house is over here and what's
really encroaching is their porch but it they've always been encroaching on our property lines so we're not really you know yeah 5t more over but they're closer no matter what. Okay. Okay. All right. Could you leave these with us? Sure.
All right. We'll take these and if you just want to go back and have a seat and That's all right. No problem. Thank you. All right. Okay. Anthony, I know you can't see these, but we were just looking at some pictures of the neighbors to the right. If you're
looking at the plot plan and just the distance that they are, you see those D? Yeah, I I looked at an overview from Google Maps and also from the application with the old Kings Highway, so I I see the plot plan and kind of where they are. Okay.
Um I did have a question. This is more for the board. Um Sean, I think I might have heard you say that they don't need to show hardship. Um but are we making a determination first whether or not they need a either a special permit or a
variance? I I think that would be easier for us to I think they need a special permit because they're already encroaching on their left sideline. So, uh this they're already legally pre-existing nonconforming. So, they're not this is
just an alter and extension under 104.3.2. I I agree. I just wanted to make sure that we variance on this. If this was if everything as we commonly do, I think a special permit is appropriate, but a variance may not. Um, but I don't really have any
questions. I see what their plans are. Seems appropriate for the space and size. Okay. All right. Thank you, Anthony. Did you have other questions, Bob? No. No. Do we have something from a neighbor? Um,
I don't have anything in my packet. We do. It was late coming on the 13th. came yesterday. Mr. Chairman, there should be a letter right on next to you to each of you. Each have one. Yeah.
That um you've been to Old King's Highway and you you have a you get their approval. Yes. Okay. All right. Well, we have a lengthy letter here from Mary Beth Collings listing a number of
reasons why she seems to be opposed to this. She lives at Three Conquered Lane. Uh to whom it may concern as a budding property owner at Three Conquered Lane for over 40 years, I'm writing to express my strong opposition to the applicant's request for special permit and or variance related to the above
related reference matter. The proposed project would have a direct and detrimental impact on my property. And I respectfully submit the following concerns for your collective consideration. Lack of a demonstrated hardship. I'm going to go past that one because they don't need to show a demonstrated
hardship. Number two, impact on my property use and enjoyment. Given the proximity of the applicant's proposed new master bedroom, bathroom, closet, and a family room to my long-standing deck, this proposal would significantly diminish my ability to enjoy my deck
space. The applicant's proposed plan would reduce my deck views, the amount of sunlight on my deck, and the amount of natural light flowing from the deck area into the adjoining rooms, my family room, and bedroom office.
This is a singlestory house you have, right? Yeah, it's staying one floor. It's okay. Just a question. Yeah. Negative effect on property value. The applicant's proposed plan would not only reduce the value of my home but also make it less desirable to prospective buyers. I have a similar
detrimental impact upon other neighbors. I may have a similar It it may Oh, it may excuse me. It may have a similar detrimental impact upon other neighbors. And number four, existing non-compliance and encroachment at 33 Seol.
Applicants have installed a stone patio and fire pit adjacent to their driveway in close proximity to my deck and home structure. This area includes outdoor seating, a shade umbrella, and plantings assembled around a fire pit used to burn wood. I do not believe that this fire
pit complies with restrictions regarding structure and combustible distances. Naturally, I am very concerned that it poses a serious fire hazard to my problem. Coincidentally, I recently engaged a surveyor to identify and mark my property lines since the original
markers were no longer evident. The intended purpose of this effort was to assist me making future landscape decisions. Interestingly, the surveyor's preliminary report indicates that the applicants have installed plantings on my property. Please also reference the
enclosed recent photos in support of these points. Accordingly, I respectfully request that this board deny the applicant's request which will be heard as part of the October 14, 25, 2025 ZBA hearing. Thank you for your thoughtful review of
my concerns. Sincerely, Mary Beth Collings from Three Conquered Lane. Okay. All right. Do I get to rebut that? That's like really not nice at all. And we've friends with these neighbors. I can't
believe they're actually doing that. Well, um, all the enhancements I've made have actually improved the property. She She her her backyard has nothing. It's trees, no grass.
Well, in my backyard, this what she's looking out at is my yard that has all sorts of plantings. I think so. I didn't hear. And I don't see that it obstructs her view because the the house is not coming out that far when they're sitting on the
deck. Everything is still wide open. Well, I I I'll tell you what, we'll we'll have a discussion about that probably amongst the board. Okay. But you certainly are allowed to rebut that. Okay. Yeah. because I've planted all these beautiful flowers and plants and and hydrangeas like they're on our property.
No, they're on my property. And a stone patt stone patty on fire pit is irrelevant. That can be anywhere on your property. It's not even a fixed fire pit. It can just be taken away. But the only thing that could be encroaching, I have some tall grasses, but all the other plants, if you come
and you look at the stakes, they're all on my property. So all I don't know what she's saying that I'm encroached because and those plantings I've put in are beautiful flowers and liies and saying she's sitting out and looking at all the beautiful stuff that I planted.
There was nothing there before. Well, you guys can probably work that one out. Um is there anything else you'd like to add at this time? No, I'm just amazed that they were actually sending this letter in because the the garage the the
addition is back. So, their frontage is not really impacted by the the the house coming out. And plus, it's single story. So, I don't, you know, it's I'm not going up. I to see maybe if she's saying I'm going up that I'm going to cause shadow effects or
something, but what's there is basically the same height. the the roof lines are not changing at all. Okay. So, is there anyone in the audience that wishes to speak in favor of this
petition? If so, please come to the microphone. Seeing none, is there anyone in the audience that wishes to speak in opposition to this petition? Please come to the microphone. Seeing none, we have anybody with their hand raised, Dolores?
Um, no, Mr. Chairman, but let's see. Hi. Could you identify yourself, please? My name is Michael Hendris. And I'm an occupant of uh Seven Conquered Lane. I'm sorry, sir. Seven Conquered Lane. Seven Conquered Lane. Right. I'm in a butter.
Okay. All right. And uh just for your information, I am Lock 10. Lock 10. Okay. Okay. There's the house right behind me that I was trying to measure to your house. All right. Go ahead, sir. tell us your
Okay. Um, basically I I don't have any opposition to um my neighbors building an addition. They're certainly entitled to do whatever they want within the law. Um, but it's tight. It's a tight corner because there's a culde-sac that runs
back there. That's conquered lane and uh you know the law states 20 feet and uh that should be held and and now it's another 5t closer and it's just getting tighter. Okay.
And and I would just like to see the law adhered to. That's all. And I'm surprised to hear that the architect didn't do his homework on that. Well, as I said to everybody, well, before this, maybe not everybody, but they've changed the zoning in Yarmouth. Okay. When this
when this lot was created, it was not R40 zoning. That's right. Which means you need a minimum of 40,000 square ft. This is a 12,000 square foot lot. How big a lot do you have, sir? About 12,000, probably. I I have no idea. If you wanted to do anything to your house, you'd have to come see us. See,
nothing conforms. That the building department says you don't conform. They have to come see us at the board of appeals. Best of our ability under the bylaw and we apply the criteria and then we make a determination whether they meet the criteria of the bylaw. If they do then
we'll grant them the relief. If they don't meet it and then we'll deny the relief. Well, in this particular case, I mean, I understand that. Um, but it doesn't meet the criteria of the bylaw coming in an extra 5t. Well, that's a determination
for us and the the voters of the town of Yarmouth charged us with that ability to determine that. So, that's why they're here tonight and we'd be treating it. Wanted to do something on yours. So, if everybody was just it's 20 ft and
nothing, we'd be out of work. But, put me on record. I oppose to it. Okay. Stick to the 20 ft. Okay. Thank you very much, sir. Thank you. Anyone else? Seeing none, is there anything else you'd like to add at this time? M sir,
um the 20 ft obviously is not met is met for most of that addition. All the other setbacks are met for the it's just that one corner that's clipped when you look at the plan. I see. So, it's not that we're not meeting the
20 ft. It's it's one triangular section that is what we're asking relief for because the rest of it does all meet the requirements of of the the setbacks, you know, in the front and and the side. So, majority of the addition actually does
meet the requirement. It's just that one corner. So, okay. All right. Which is like 10 by I measured it was about Yeah, I think in in the area where it's like 10 by 10t long by 5t wide. Yeah, that T triangles in the area Jessel to three conquered.
You're you've got your 20 ft anyways in that area. So all of those meet the requirements. So So obviously we we're really looking for relief for the triangle corner that is you know to keep it square otherwise I don't know have to come up with a
weird Yeah. You're not you're not squared to the lot as well. So that's so okay. I guess they what they did is they tried to square you more to the road than to the to the lot. Yeah. So So it is a clip of that corner
of the addition that does not meet the requirement. Okay. So but the rest of it should uh and I guess the only other thing is the front porch is obviously Mhm. I don't know you know what to do about that. But really it's it's we're not
looking at the whole addition being not compliant. It's just one corner. So Okay. All right. Thank you. So, all right. Does the board have any further questions for the petitioner? You've been to Kings, have I? Yeah. Yeah. Okay. Anthony, any questions?
I do not. Okay. All right. We're going to close the hearing to the public, open it up for board discussion. Anybody prepared to uh Dick, what are your thoughts? Well, I think what's being looked at here is certainly no more uh problematic
than many things we've approved in the past. Uh I think it's a attraction to the house. I don't think it's terribly close to the uh to the neighbor who was uh complaining uh property at least in their area of the lot.
uh petitioners have said they planted a lot of nice plantings there which can be seen by the pictures and uh I think the uh the little porch in the front which is requires again a little bit of relief but I think that
that's an attractive addition as well. So I don't uh I don't see any reason that we can't can't approve this. Okay, Anthony, your thoughts? uh he summed it up uh adequately for me.
Um I I would be in favor of this project. I don't believe it's substantially more detrimental to the neighborhood. It it conforms with the neighborhood is like and I think it's a welcome addition. Okay. Barbara, your thoughts? Yeah, I don't have anything to add. I'm
I'm sympathetic to the neighbor. Um but you know, other than chopping 5T off your um back family room. Okay. Um well, we we run into this problem. Uh
again, you got a you got an I40 zoning district and you have a 12,000 square foot lot. Okay. It really this is probably the result of what 10,000 square ft when they when they originally developed this
which would have required what a 6ft setback Dick unless it was a is that open space? I don't think so. But generally 10,000 square foot lots in the old days were required that you could have built right up to six feet to the lot line. Then they go to town meeting and they
change the zoning and say we're going to go to 15,000. Then we're going to go to 25. And then some places like Yarmouthport, they go to R40, which means you need a minimum of 40,000 square feet, which means you need to be 20t off your sideline setbacks, 20 feet off your rear, and 30 feet off your
front. Well, when you get a house that's sitting here now that's on a 12 a lot that's less than onethird of what you need. Okay. Uh it's very hard to meet those setbacks. You're not even meeting them right now when they change the
zoning. Your left side is nonconforming. The neighbor to the right that is in opposition to your petition. She's not conforming either. In fact, it seems that she's even closer than your proposal. Okay. Not that we're holding that against her. We're just trying to show
that it's very difficult. Um I'm not sure about this gentleman Sia that's in opposition, but he's he's I I don't know if he meets all of his setbacks as well. He may Okay. Uh but in an R40 district, it's very hard to do with a lot that size. So we
see this a lot. Um you know, we're we're sympathetic to people that want to do things to their houses. We understand people want to upgrade their houses. They want to remodel them. They want to be able to do what they want to do. They go to the
building department and they say, "You know what? You can't do that. Why not? You don't meet the setbacks. So, I can't issue you a building permit. I mean, on paper, everything looks fine. Looks like you got plenty of room. So, then they send you to us." The voters at town meeting approved a
bylaw that said that if you don't meet them, you come to us for one of two forms of relief. Either a special permit or a variance. There's two different criterias. The criteria for this a special permit is that it's not substantially more detrimental to the
neighborhood than what is there now. So in terms of what we're looking at, that's the prism that we look through to determine that. Personally, I looked at this. While I'm sympathetic with the concerns of the neighbors, I do have to say that I think this is not more substantially detrimental to the
neighborhood. I think it will probably fit in quite nicely. Um, if any of your neighbors want to do anything to their property in the future, I'm sure they're going to have to come see us because I'm looking at all the lots and they're all about the same. Yeah, they are. We'll deal with that. But in terms of
your particular project here, I'm in agreement with the others that I think it's not substantially more detrimental. So I do think you meet the criteria of the bylaw. So you know Sean Sean, I just had a I'll a late brainstorm here as usual having been
around for more than a century or so myself. Uh, I think this subdivision is relatively new, but I think it was an open space subdivision and uh cuz there's a part of a lot up the end. I know that's was part of the open space
and and I think on the other side of Simol maybe toward the water there that was uh open space. If it was an open space subdivision, I think the setbacks required are much less um in terms of uh
uh terms of that. And I would think that they would still apply. I'd have to look them up because I didn't have have the forethought to do that before. So that would be something we'd want to send them back to the building department, but we can. Yeah. You may not even be here. It's possible.
He's kind of our encyclopedia. I remember when I remember when things were built. Yeah. Yeah. There was some issues with the back property line on this whole subdivision, too. They did it wrong. And open space subdivisions require less uh
setbacks, both side and front and everything. So, it's possible. I'd have to look that up and then look up the date of your subdivision and see if it was an open space, etc. So, well, is anybody prepared to make a motion?
Uh, I guess I can do that. I will uh uh I would uh make a motion to give a special permit. Um
let's see per 104.3.2 to number two uh as requested and uh I think it in in saying that I think it meets the criteria that we need to apply here one way or another.
Okay. Motion made by Dick. Do we have a second? I'll second. Seconded by Barbara. Any further discussion on the motion? Hearing none. We're going to take a roll call vote. Anthony, hi.
Barbara, I Dick I. And I'm an I as well. That passes four in favor. None opposed. Now, there's a 20-day appeal period after the decision is written or filed with the clerk. Um, after that elapses, the laws will
contact you and you take your special permit, go over and record it at the Bible County Registry of Deeds, and please bring a copy back for our records. Okay. You have any questions? Thank you so much. All right. Best of luck, Mr. Chairman. There's also the variance. Oh, we have a variance. Yes. Also, uh,
and you don't need the variance. So, what we're going to ask you to do is to request that you withdraw that without prejudice. Okay? Because you don't need it. Otherwise, we have to take a vote on it. And you then we I don't know that I did that. I thought it was a special permit. Well, you ask for both forms of relief.
It's just a just in case. It's It's just smart to do it. Ask It's always best to ask for more than less. Yeah. Yeah. So, how do I withdraw? Just saying it now. Do you request to withdraw it without prejudice? All right. Okay. Just to go back to the town or do I say
it here? Say it to us. Yeah. Withdraw without prejudice. Okay. There's a request to withdraw the request for variance without prejudice. Do we have a uh motion to that effect? So moved. We have a second. Second.
Second it. Uh Anthony, how do you Ira? Hi. Dick. Hi and I'm an I that's request for varianc is withdrawal. Thank you very much. Best of luck. Thank you. I do have a question. So now we if there
an appeal period what happens if this person if they appeal what happens then? Uh well that would be that would be they would have to appeal either to the superior court or to the land court. That would stop this during the appeal process. That's interesting. I don't know why
she's so against it. Well, it's like the problem. We'll see how it goes. That doesn't always happen. Yeah. Don't expect the worst, huh? Yeah. I'm surprised that she never comes to the house. She's only there like once every couple of months. So, anyways. Okay.
Thank you very much. Have a nice night. All right. The second matter on our agenda is petition number 5187. Benjamin Dupel. Yes, sir. I'm right up doing businesses quality productions LLC. Property location is 46
Commonwealth AB, unit 4. It's in a B3 zoning district as well as the APD in zone 2. The applicant seeks a special permit per section 202.5 and 406 for EA use to relocate an existing
screen printing business and to allow for storage of screen printing materials. The applicant requests a waiver from the requirement for a certified site/plot plan less than two years old. Good evening. Could you identify yourself for the record, please? My name is Ben Dupel. I'm the owner of
Quality Productions. Okay. And so, are you moving from one location to another? Is that what's going on? Yeah. So, I'm currently located on 657 Main Street in West Yarmouth, right across from Captain Parker's.
Oh, yeah. Okay. And uh I'm planning hopefully to move to 46 Commonwealth A in uh in South Yarmouth. Okay. And I know this
petition was here in front of us many years ago uh for an approval for uh Baines Electric. We approved a condominium Um,
so your use is the E8 use. Uh, that would be correct. Okay. Three. Yes. Okay. So, um, if I could just ask you a question. Tell us a little bit about the
printing business. How what is what exactly do you, uh, store inside? So, in terms of what I'm looking for relief for in terms of storing materials, um, the town deems our inks, uh, any of our cleaning solutions, anything that can't
go down the sink into a septic tank as being hazardous. Um, with the exception of our non-hazardous waste water, which we also retain within, uh, within double line vats inside of the shop itself. Mhm.
Um so with the relief that I'm looking for the the town within the um within the APD, it only allows for 10 gallons of storage of what is deemed hazardous materials. And where we are now
currently in West Yarmouth, that's that doesn't apply to us. So we're able to hold all of our inks in being a smaller operation where we are now in where where I want to take the business in the future. um that 10 gallons just won't wouldn't work in either location. So, I
was looking for 150 gallons to store our inks, cleaning solutions, um solvents. So, I I don't like the word solvent. It sounds sounds like a nasty chemical, but um you you know, anything
you know outside of the scope of, you know, standard hand soap. Okay. Okay. Did you happen to meet with uh Mr. Lawson? Oh yeah. Oh yeah. Carl and I have over and he did an inspection and you
two had a chat and he raised his concerns and you indicated to him everything that you were going to have stored on the property. Yep. So Carl and I have been working very closely over the last two weeks to to make this happen. We've we've gone through, you know, numerous ideas on in
terms of in, god forbid, in the event something were to happen and the the building were to burn down, our inks were to melt down into a liquid form. Um, we've we've talked about numerous ways to build up BMS to retain those uh what would be liquids in the event for
that to happen. Um, and based upon what what we've discussed, he he sees no issue with uh with what would be compliant down the line. Um, and in reality, not much is changing. Um, okay.
It's it's going to be relatively the same business. Just our storage of of raw materials to to conduct business would increase as our manufacturing capacity increases.
Okay. And uh did you see a copy of his memorandum? Yep. A copy of that. You've read it over carefully. Are you planning to comply with all of his recommendations and requirements? Abs. Absolutely. Um so the previous
owner of the business before me, Steve Slobby, he he's gone through regular health inspections since 2009. Um, and you know, I'm I like playing by the rules. I'll I'll do it what needs to be done to to facilitate good, fair
business. Absolutely. No, no. We we think you will. I just the concern that we have, and it's not to you specifically, but anybody that comes in that's working with materials that may be hazardous to the environment and the water supply because you're in the
APD, which is the aquifer protection district. So anything that leaks down has the potential to go into the water supply. So everybody that comes before us in these APD districts, uh we really look to Mr. Lawson and the health department to provide us with the road
map and the requirements. And so what we what we always do is we incorporate his memorandums into any decision that we make should we decide to approve this. Um and we expect the petitioners to comply with all of those requirements.
That's not a problem. Correct. Not an issue whatsoever. All right. Okay. Uh right now I'm going to go to the board members to see if we have any questions for the petitioner. Barbara, do you have any questions for the petitioner? Um yeah, in one of the conditions it
talks about um the sufficient supply of inert absorbent must be maintained in the site. What is that and where where would it be on this plan? Um, so that would be essentially the what would be used
commonly in like an automotive shop if there's an oil spill that it's like a powdery substance that you would pour over it and absorbs it, scoop it up. And I I believe in here somewhere it discusses um there's going to be a specific aluminum barrel that in the
event we need to dispose of um anything involving a spill, it would all go into there specifically designed for uh getting rid of that material. There will be a specific cabinet, a spill cabinet with um you know flame retardant
blankets, uh spill mitigation materials um as well as like clean in the event someone gets you know a chemical in their eye wash out materials as well. So where would the where on this where would this absorbent material be?
Um so you have it that floor plan is a is a relatively rough floor plan. I'm still working with a builder to finalize true blueprints for it. Um, that would probably be located in one of the bathrooms or just outside of the bathroom cuz there's two bathrooms
with a wall in between. Probably just uh if if you can see where it says press, that would be where the screen printing press is just to the left in between the two bathrooms closest to where a spill would be most likely to happen. All right. Thank you.
Anything else, Barbara? No. No. Okay. Anthony, do you have any questions for the the petitioner? I don't I I have a board question, but I'll wait to hear from everyone. Okay. Dick, questions?
Um, no, I don't think I have any questions. If uh as long as Carl and uh and the uh health department are happy and we make it subject to the uh condition recommendations
uh of Mr. Lawson, I think that uh I'm happy. Okay. Okay. Well, he does have um he does have some he has some requirements here on page seven. Like I said, our
general practice is to incorporate the entire memorandum into the decision. So, whatever it says in here, even if we don't say it in this hearing, is going to be incorporated into this decision and it's a requirement upon you to
follow this to the tea. Correct? Okay. And sorry for the pun. No. Yeah. Go on. It's a good one. Yeah. So, I didn't do that on purpose. I didn't. Okay. Just in terms of So, I I do have a question
about that. In terms of following it to a tea, the um where it says the containment of 150% of what would be stored within that BMED area, there are a few different
Carl did a few different potential like length by width by height measurements. um the measurements listed within the memorandum as long as it is containing that 150% does it matter how it's how
it's how we get to that 150% because no I I well I don't think so okay this is what I'd like you to do because that's a little bit of a question that I don't really know the answer to. I don't know that any of us know that answer, but that's a good question. What I'd
like you to do though is just get with Carl so you two are on the same page and understand. I I I hear exactly what you're saying and I appreciate you bringing that up because essentially you're going to do it, but you might do it in a different configuration. Is that what you're saying? I I just don't want it to be like, oh,
well, here it says 8 by 8 by 16, but it ends up being I think there's a couple of different Yeah, he he listed a few different There's a couple of different ways to get there. However you can make that happen, just as long as it works. Perfect. All right.
Perfect. And if you have a question, just get with him. Yeah. Yeah. He's been this whole process he's been Yeah. spectacular. Okay. Um, so just on the requirements, I just want to go that, you know, you understand you
must register annually. Correct. No materials may be discharged to the environment. Absolutely not. No outdoor storage of materials is allowed. Correct. Nope. Materials must be protected from vandalism. Everything's inside. All materials must be stored inside.
Secondary containment of 150% volume of the total amount of materials stored. Correct. Correct. Okay. That also does apply to our non-hazardous waste water as well. We are currently storing it. All right. In our current containers and materials must be stored
in such a manner to facilitate visual inspection of each container. Correct. So if somebody wants to take a look at it, they can. Any waste material must be properly disposed of by a licensed hazardous waste hauler. Yep. Do you have one of those? Do you take stuff off?
So, in our current location, we're not producing any hazardous waste. And quite frankly, I'm looking for ways in this new space to not produce hazardous waste. There's numerous eco-friendly chemicals that are labeled as non-hazardous. It's ultimately going to be up to Carl
if if he in the town deemed them to be non-hazardous, but um we're not generating any now any now our non-hazardous waste waters um pulled out by Bayside. Um but in the event that we do produce hazardous waste, it'll be
removed by Clean Harbors. Okay. All right. Very good. Um absorbent materials must be kept on site for use in the event of a spill. We went over that. And the safety data sheet for each toxic or hazardous material must be maintained on site and readily
available. You'll have one of those. Correct. Okay. All right. Okay. Um, is there anything else from the board? Um, how many are you how many other employees are going to be working with you here? So, currently I I'm a I'm a oneman show.
I I have uh sales reps that go in and go out and facilitate business. Um, but no formal employees. actually on on site here. No one is on a payroll like a formalized payroll. Okay. Um a oneman operation. Um but going down the road the
inevitability of having to hire people is you know a reality of business expansion and I haven't really had the time to think about it recently with with all this going on. But go I anticipate over the course of the next
year year and a half one to two more people coming coming on board. Okay. And that's something to think about in terms of Okay. Thank you. Yep. Okay. Anyone else? Do you have any letters from anyone down
to us? Uh, no, Mr. Chairman. Anyone with their hand raised? No, Mr. Chairman. Anyone in the audience wish to speak in favor or opposition to this? I see none now. Okay. Anything else you'd like to add at this time? No. I just I want to say thank you for
everyone's time tonight. I really appreciate it. Oh, we we appreciate your time as well and we appreciate your business in town, too. Thank you. And you've been here for a while and we want to Yeah. I I believe uh the previous owner moved the business here in 2005. So, he's been on he's been on route uh
Route 28 for 20 something years. Okay. Very good. Very good. Okay. Okay. Well, if there's nothing else yet, we're going to close the uh hearing to the public, open it up for board discussion. Anybody uh wish to
begin a discussion or to make a motion. If nobody has anything to discuss, then I will um move to uh approve petition number 5187 for a special permit per 202.5
and 406 for E8 use etc etc. um subject to any of the requirements uh in the letter from Carl Lawson and can we incorporate and into your
motion? Pardon me. Yes. Yes. And and that would be this would be part of the motion actually. I'm sorry. Okay. And uh I guess the other so both the license condition recommendations in that and the health department requirements.
I think he's fully covered everything in there. Yeah. Okay. Okay. We have a motion made by Dick. Do we have a second to the motion? Second. Anthony seconds the motion. We have any discussion on the motion?
Uh the only thing that I would add to it is uh I think the petitioner has met the criteria of the bylaw specifically to uh section 406. I think the necessary safeguards to the
water supply have been supplied as usual and with grip. Many thanks to the health department for their great work that they do, especially giving us these guidelines that we so necessarily need because this is not our expertise. It's theirs. So, we look to them
and we're fortunate enough to be able to incorporate these memorandums into our decisions which safeguards the water supply. Not that you'd ever do anything to do that, but it's just it's great for us to have. Um, so um with that, is there any further discussion?
Nope. Hearing none, we're going to go to a roll call. Anthony I. Barbara I. Dick I. And I'm an I as well. Uh, the special permit is granted. As you know, there is a 20 Well, you may have known this from listening to us before. After the
decision is written and filed with the town clerk, a 20-day appeal period must lapse before we can issue the special permit. Once that uh time period is elapsed, just Barb or excuse me, Dolores will contact you, you pick up your special permit, take it over to the
registry of deeds and record it and bring a copy back for our records. Awesome. Any questions? Nope. Okay. We wish you the best and continued uh success in your business. Thank you very much. I appreciate it. Okay. Thank you.
Okay, here. Let me All right. Give me one second here. All right. All right. The next petition is petition 5188. William and Janette Hassipus is
okay. Uh property location is 24 Scallop Road, West Jarmath. It's in an R25 zoning district. The applicant seeks a variance from section 203.5 for front and side setback relief to build a 16x 24 shed. The applicant
requests a waiver from the requirement for certified site/plot plan less than two years old. Um, we have a memo from the conservation agent that we will uh read into the record in just a moment. Good evening,
sir. Hello. Would you identify yourself for the record, please? Uh, my name is Bill Hassipitus. Live at 24 Scallop Road, West Young. Okay. Uh, tell us what you want to do. We pretty much know, but uh, tell us a little bit about the your property. Um, my dream is to retire down here
someday. So, I'm looking to build, uh, it's a shed. It's a 16x 24 shed. It's a prefab. Uh, kind of like a reed ferry type of deal. one day installation that'll give me plenty of storage for all of my junk at home that I refuse to throw away when we move. Um, it's in a
far it's the north uh east corner of my lot. I have a 37,000. I actually have a double lot. So, it's in the far corner. Um, I'm in the middle of Scolop and Quail. So, it's in that back corner by Quail Road. Um, I have about 36 1/2 ft
from my back property line. And I know quail is considered another frontage to the end of my driveway. So that centering it roughly centering it. That's why I'm requesting the 8ft set back from quail. That will leave me about 3 and 1/2 ft from the edge of my driveway and then proportionally setting
back from my neighbor. Um so that it'll be a nice sight line from the end of the driveway when you're approaching. Um there's no direct sight line from any neighbor to where the building will be because it's in the the corner. Um
that's pretty much it. And Sean was up today to to see the the live and in person. Okay. All right. Thank you. Um Fabric, do you have any questions for the petitioner? Um
yeah. So you've got to kind of tight back in that corner. Can't move it. Well, if you So you have the picture. So you'll see the edge of my driveway from Yeah. the 24 span. The edge is about 4 feet. So I could
request or move it four feet over. Then it would be on top of my driveway, which then makes kind of a not very appealing looking situation. So, I wanted to leave a little buffer so that I could do some landscaping or something against the side of the of the structure. Um, in terms of moving it forward into my yard
just doesn't No, I was thinking moving it more from quail. Yeah. Yeah. That's just more to the left. Yeah, that's towards my driveway. Um, towards your house. Yeah. No, towards to your backyard. Yeah. So, so it's
Oh, you mean from So that's from the back or the side from the Yeah. moving it in from it would be then it gets tricky because then coming in from the driveway it' be partly cut off and it's just aesthetically not what would be partly cut off. So my driveway runs like this the building the where I'm requesting to put
it is so when you look down the driveway you see the full building. Yeah. moving it forward starts to get close to the edge of my garage and then it's just not as aesthetically appealing and then it leaves a big gap behind it which would be dead space of just dead space. So that's
he he actually if I I don't know if he had a chance to go over there today. I was actually over there said today um and I see where he wants to put it. it it you look at it and you say it looks like a lot of space over there, but when you take into consideration where the house is located on the lot
and then to the left you've got wetland requirements and he's got his his backyards all finished and everything, it's really it's kind of really the only place it can go um is right there. Um so I I think that's the reason why
he's got it in that corner. I I had the same when I was looking at this myself. I had the same question when I was on my way over them thinking looks like a pretty good size spot. Why can't we just kind of move this around a few feet and then we'd be all set? But when I get over there and I was able to view it with the petitioner, I kind of
understood what his his request was all about. So that's if that helps you in any. Yeah. Well, all right. Okay. Questions? Uh
okay. Okay. So, we have a 384 ft shed, which is bigger than a typical up to 150 foot. 150. He's in an hour 25. So, he's supposed to have 20 off the back and he's supposed to have 15 off the side. Right.
So, we're looking at 8 ft from both that and the street. And being the size of the structure that it is, here we are having a a building structure that's only 8 ft from a road as well. It's 8 ft from my property line. There's another seven feet to the edge of Quail Road.
So, it's about 15 ft in total. Quail Road gets one car a day, the mailman. Yeah, I I I understand that road back there. Yeah, I guess the boat launch see that. Yeah. Yeah. And but that's actually a road. And it being a road means you're supposed to
have 30 feet there from any kind of structure of this size, right? Yeah. I wouldn't pursue it if I had to do that. It would be my driveway. So I Oh, yeah. Yeah. I understand. And I Okay. Um, your neighbors didn't have any
problem with this apparently or they're not around anyways. No. And they were all notified for the conservation hearing as well. Well, I not so much for here. And I understand that she's a quail road, doesn't get any traffic and all that, but you know, if we start to give relief
for a building of this size to be 8 ft from a road layout, you know, if if that was another sideline, I'd feel a lot different. Uh, but the fact that it's a road and and again, what that can do to us in terms of people saying, "Well, you
gave him that and I was only 8t from the road." uh which we would not typically do. Uh I I I recognize is a bit of a problem to be honest with you. Yeah. Okay. Anthony questions.
Um more to Dick's point is is there a possibility of having a smaller shed there? No, because it's basically it's I don't consider that really big given I have a 300-y old barn at home. So, when
I move at some point, I have a lot of yard equipment. I have a lot of patio furniture, bikes, things like that. And it's it's a big it's a big enough area that aesthetically that's the right size to look in there. My neighbor right behind me has a building that's almost
the same size, almost the same size setback um from Quail Morrison 18 Scolop. Um there's also a neighbor on Channel Point who built a three- bay garage with an overhead great room and a pool off the back that's about 9 ft from
their side uh neighbor on Channel Point. So, it's not atypical. Um, you know, the types of out buildings. I have the the biggest lot in the in the neighborhood. So, what are you going to have a door? You're going to have a Do we have a
picture of the shed? It I have a picture. Yeah. It's actually a sketch here. Oh, right. Right. Right. Yeah, I have that in my packet. Let me take a quick look at that. It's got a double front door. Yeah. Right. You want to take a look at at the actual
building now? That is that that that's different than you is going to face into your backyard, right? Yeah. Is there any way we could turn that shed and face that towards the driveway? The only reason why I asked that
question, I'm hearing some concerns from the board, is if you turn that, you would bring yourself off that quail road probably by another 8 ft. Yeah. To turn it. No, I wouldn't I would
not pursue the project. It just aesthetically would not look good facing my driveway. I want it to face the backyard so that the it's facing where we have our backyard activity. Okay. Okay. All right. Um,
did I ask you if you had questions, Anthony? Uh, you did. That was I asked him questions about the location. Oh, in a small, right? Okay. Okay. All right. Um, do we have any
correspondence? Um, other than the memo from the conservation agent? No. Let me just take a look at that memo. I had it right in front of me here two seconds ago. What did I do with it?
There we go. I don't Can I have your conservation memo? Uh, I do. Where do you get my Yeah. All right. Yes, we have a memo dated August 1st, 2025 from uh Joe Gerolimo,
conservation agent. Uh 5188 24 Scop Road. As at its July 17th hearing, the Conservation Commission heard a request for determination of the applicability for the proposed installation of a 384 square foot shed within the LSC
SFF. The commission voted six to six in favor, none opposed, approving a motion to issue a negative two determination. The work described in the request is within the area subject to jurisdiction under the act but will not remove, fill, dredge or alter the area. Therefore,
said work does not require the filing of a notice of intent. The determination applicability was issued on 72425. Okay. Um, is there anything else you'd like to add at this time? Uh, nope. Okay. All right. Then we're going to
close the And I don't see anybody in. Do we have nobody with their hands raised? No, Mr. Chairman. Okay. I had another question, Sean. Go ahead. Could I just see that the picture of the shed because that's a lot different than the schematic. Um Oh, he got it.
Here's the Not that I'm saying I don't like that even better, but Yeah. Yeah. This is just This is So, this is like the out size. That's the exact size. Okay. Okay. And this is the exact shed that
you'd be building. Exact shed. Yeah. So, the idea is that it would be an enhancement to the property because it's not your typical, you know, one little door and a couple I like that better than this. Yeah. It's just on a 16x 24 footprint. So, it's a
Now, do you have a door on the gable end facing the driveway? No, I didn't put a door in that. Okay. All right. Okay. It would just have two windows actually on that gable end. Okay. Okay.
All righty. Um, did you need this back? No. Keep that. Then we'll we'll just keep it in our file. Is there anything else you'd like to add at this time? Um, nope. I think that's it. Okay. All right. Any other questions from board members?
Hearing none, then I'm going to close uh close the petition to public comment and open it up for board discussion. Uh anybody wish to uh begin a discussion on this matter? Well, I I'd like to
I'd like to be able to be in favor of this, but I'm I'm just I worry about this much relief. Yes. it's just a shed and so forth, but but this much relief for this size build if it was a 150 ft or less,
I'd be a lot more willing to look at that. Uh I think Sean's suggestion of turning the shed toward Scolop Road and providing more setback from Quail Road would would have been a good one.
Um, yeah, I'm just having trouble uh uh being able to say yes to this because it's uh because of what you know what precedent that would lead to. Okay,
Anthony, your thoughts? Yeah, I'm with uh Dick on this. My preference would be to uh grant the ability to withdraw without prejudice and maybe come back with a smaller size or different
oriented uh less intrusive into the setback plan. Um but to give them the opportunity to do that, that'd be my preference. Um but as presented, I don't think I could vote in favor of it. And I'm fine with that, too. Okay. Okay. Barbara, your thoughts?
No, no, I agree. I think there's enough room back there to orient this, you know, in a better position. So, or slightly smaller shed. Um, so I couldn't support it either.
Okay. Well, in order for you to be successful tonight, you need four out of four members. You need a unanimous vote. Right now, three out of the four are opposed to it. um
how I feel about it right now really makes doesn't really make a difference. So, I'll I won't even chime in. Uh but this is what I might suggest. If we take a vote tonight and you don't get four votes and it doesn't sound like
you're going to get it, then you will be precluded for two years from coming back with a similar petition. It's been suggested by one of the board members board member and I think probably all of
you will allow you to withdraw your request for relief tonight for a variance uh without prejudice which would allow you to come back before us. Um and the suggestion of the board is to come back with something different either in size
or in location. So, just so I'm clear on the quail setback, what would it need? Because I I don't see a scenario where I'd go with a smaller building. That wouldn't work for what I'm doing. But what would the setback? It needs a 30 foot setback. What's that?
30 ft. You You're You are I didn't Yeah, you would need So, I couldn't So, I couldn't reapply for variance of like 15 ft. Well, you can apply for it. Yeah. Oh, yeah. Oh, yeah. You can. It's back further from the row. We may look at it a little differently.
Yeah. Right now you're eight, right? I I I think the concern is is you're just a little bit too close. That's why the suggestion I know you don't want to turn it, but if you did, that would probably give you like 15, right? Which wouldn't give you the 30, but it
would give you the 15, which would certainly mitigate our concerns. Okay. By doubling your your And if I didn't want to turn it, but still did the 15. You mean if you came Yeah. same same position, same orientation, but just in 15.
The cons my consideration there is do I want to cut into my driveway to do it? But you know, maybe Okay. Well, um, let's pull the board. That's a good question. So, how and and are you saying you'd stay would you move
off the other one or would you stay the 8t on the sideline? I would sideline you're supposed to have 15 because you're on a wire 25 and that's a sideline setback. You're required to have 15. You're going to have eight.
Let me ask the board. If the petitioner came back and moved it 15 feet off the rear, we'll call it the rear lot line, but it's actually, as Dick said, it's a front setback because you you got that row that goes there, which is
which, to tell you the truth, should give you get you some sympathy, some con, you know, from the board because we don't really have frontto back streets. Okay? And that street back there, there's no house really right around there. Okay. the other the house
is across the street. All right? So, it's not like you're on your neighbor. It's just unfortunately they were in a road up to the back of your lot line. Um, so if the petitioner were to move that
off 15t on the rear and remain 8 feet on the side, how does the board feel about that, Anthony? It's substantially better. Okay. If are are we talking about to come back
or to grant it tonight with that condition? Well, we we we we could talk about that because I don't want to have to bring him back. If if we're saying because he says it's 8t now, if if we're in agreement that we could live with 15
feet off the rear, let's call it the rear lot line. I don't want to call it a front because it's just it is a front, but it's really his rear lot line. So if he if he pulled it off 15 from the rear, he remained eight off the side. Is that something that the board
would feel comfortable approving? I'll give you my two cents. I think I could support that. I think there's definitely a hardship and I think it's owing to the shape of this lot. Um, so I think there's an argument for him to meet the variance criteria, which I can
talk about those requirements in a moment, but just for in terms of the 15 ft off the back, 8 ft off the side, is that is that something that the board could approve? Well, I have still have some
reservations about it. I might be able to be convinced. Uh, you can't put it on the other side of the house anywhere, can you? No. Uh, it's a double lot. It's in the wetland. Is that getting into wetland? I don't see a wet dock and everything over there. I know it's got a dock, but
yeah, that's the wetland buffer zone. When I had to redo the the pier, that's what the as built is from the buffer zone. In fact, there's a picture of it. Let me get you something to look at. Yeah, I mean, I know where it is and I've been down there and see all this
right here. He can't go anywhere in that. Is that showing a Yeah, that's that's all his Oh, that's the actual can't go anything. So, see here's here's his house here. So, even though he's got a lot of room, he's got a lot of wetland.
And so, it's a little deceiving when you look at it on paper. So, he he really does have some limitations as to where this can go. It's like a probably about 100 feet from the water line to the end of the buffer zone. Yeah, I could probably be convinced
personally. Okay, so 15 off the rear, eight off the side. Dick could support that. Barbara, your thoughts? Um 15 off the rear. I'm still bothered with the eight off the side. Well, he needs 15. And I was over there
today and on the other side of that fence, there's not anybody for a long way away. Yeah. I mean, how far is that out of the house? That house has got to be 100 feet away from you, isn't it? Yeah, it's two neighbors. It's I was over there today. I mean to the right he doesn't really have He's got just nothing but land over there. Okay.
And it's never going to be I don't ever see it being built on. No, cuz that one runs front to back as well. All right. I'm I'm happy if we can at least move it a bit. Okay. Anthony, how about your thoughts? Um,
yeah, I have the same hesitations that Dick and Barbara and everyone has expressed here, but the ability and willingness to work with us and make it a little bit more compliant. Um, I I I agree with Sean that the shape is of the
of the lot is pretty unique and weird for the area. Uh, so in terms of the our ability to draft up something that is um proper, I I think we have the grounds for that. But so your willingness to work gives me a little bit more ease to
to say that it's appropriate. So I could reluctantly be moved there tonight. Okay. Well, this is what I'm hearing from the board that if you pull that 15 feet off the back, we'll give you the eight feet on the
side. So just bring it your eight add another seven coming this way. The board can support that. So if we made a motion to approve the request for your relief that you have to be at least 15 ft off that quail road
lot line and 8t off your sideline to the right. Can we make that happen? Yeah. Okay. work. Well, is anybody prepared to make a motion? I'm silent.
Anthony, I'm just trying to pull up his I'm pulling up his application so I can read it in correctly. Uh so I I'd be prepared to make a motion that we grant a variance under uh table 203.5
front and sideyard setbacks. Um and that a shed be approved of the size uh 24 by6 that is placed at least 15 ft
uh in the setback for Quail Road and 8 ft along the uh eastern property bound. Okay. So his So he's required to be at least 15 ft off the quail road setback
lot line lot line and 8 ft off his right side lot lot line. Correct, Anthony. Correct. Okay. Do we have a second to that motion?
I'll second. We have a second by Barbara. Okay. And the discussion in terms of the criteria for variance. I do think the petitioner meets the criterians with the variance. I think there is clearly a
hardship here. I think the hardship is owing to the shape of the lot. Um, I think that we can approve this certainly by not degregating from the purpose and intent of the bylaws approved by the voters of the town of
Yarmouth. So, I do think you meet the criteria for variance. Um, and we have a motion made by Anthony, seconded by Barbara. Any further discussion on the motion? Hearing none.
Anthony, how do you vote? I. Barbara, I. Dick. With a certain reluctance, I will vote I and I'm an I as well. So that passes four in favor, none against. The variance is granted. As soon as you may
have heard this before, as soon as the decision is drafted, it will be filed with the town clerk. There's a 20-day appeal period that must lapse before we can issue you the special per excuse me, the variance. Once that's issued, we need you to register it at the Barnesville Registry of Deeds, record
it, and then bring a copy back for our records. Okay. All right. Well, good luck with your project. And uh Excellent. Thank you. So, will I just modify the information on the next step, which is the building permit? Uh what we're going to need from you is
to um have your engineer, we have an asbuilt here. Yep. We're going to need to have him draw in the shed and show exactly where it is off the lot line so we know you're in compliance. So if you just go back to him and say after you put the shed in,
have him come back and shoot it with a transit. He'll tell you exactly where it is and then he'll just put this on this plan and you can bring this plan right over here. He can do it right on this plan if he wants to. Okay. Okay. You don't have to have some all brand new one. Just have him pull this one up and have him stick the shed in the back corner.
Okay. And just give us the measurements. All righty. Sounds good. Okay. Okay. Well, thank you very much and best of luck. All right. Take care. Thank you for working with us. Thanks. Okay. Um, do we have minutes? Is it I got a question. Go ahead. Is Is it okay for us to say that there's
a hardship there when he's building a brand new structure twice the size of an existing structure? And the hardship has to be owing to one of three things. Shape, topography, or soil conditions. Those are the only
three hardships you can have. The hardship here is the shape of the lot. It can be financial or otherwise, but it's owing. I thought the variance they had to meet. Let's get it out right here. Let's get
the exact language. I mean, little lady's already gone, but since we're on the subject, let's go over it. I'll get educated. And that's in 102. I may have not said everything, but literal enforcement of the provisions of
this bylaw would involve a substantial hardship, financial or otherwise. So, it's either a financial hardship or otherwise. The otherwise is he can't put a shed on his property. That shed. Okay. I'm not sure that's a hardship.
Wait a minute, though. Yeah. But wait a second, though. You You see, you can't look at it in terms of the actual building itself. Yeah. Because this is what the hardship has to be. The hardship is owing to circumstances relating to soil conditions,
shape or topography of such land or structures and especially affecting such land of structures but not affecting generally the zoning district which is located which it doesn't really affect the zoning district. But the hardship here is the shape of a lot. No, just one of three. Oh,
just one of those. Just one of the three. either the soil condition, shape or topography. In this case, I suggested and apparently the board agreed that the hardship was owing to the shape of the lot and the shape of
the lot. Or you actually could have also argued that it was uh the soil conditions because the soil conditions the hardship would have been because he can't put it where he would have met his setbacks because his uh requirements to be away from the wetlands.
So soil conditions were as well. So, you could have had two hardships, one soil conditions and one shape. I argued at the shape of the lot. I'm okay. Not thrilled, but okay. Well, that's okay. All right. Yes. So,
we're and uh minutes. Uh we do have minutes. At least three of the members were here. Okay. What is the date of the minutes? July 24th, 2025. July 24th.
Barb, are you making a motion to approve the minutes of Sure. of July 24th? I make a motion to approve the minutes from July 24th. Do we have a second? Second. Second by Dick. Any uh discussion hearing? None. All those in favor of approving the minutes of July
24th, 2025, please signify by saying I. I. Any opposed? Hearing none. Anything else? So that's it, Mr. Chairman. Okay. Uh motion to adjurnn. So moved. Second.
Oh, I was waiting for that second. Got to be there somewhere. All of a sudden there was silence there. I thought everyone to hang around. Any discussion? Hearing none. All those in favor, please signify by saying I. I. I. Any opposed? Hearing none, we are adjourned. Thank you everybody.
Recording stopped.