Here we go. Good evening everyone. Welcome to the regularly scheduled meeting of the Yama Zoning Board of Appeals. Today's date is November 13, 2025. We're going to begin tonight's uh hearing by establishing a quorum. I'm
going to do a roll call. Barbara >> here, >> Anthony >> here, >> John >> here, >> Dick >> here, >> and I'm here as well. Having established a uh quorum, we will now begin the hearing. We have four matters on our
agenda tonight. We're going to take the first one out of order, which is petition 5193. This is NSG, Madaches Village LLC, and Nantucket Sound Group, Inc. Excuse
me. Property located at 897 Route 28 South Yarmouth. It's in a B1 and B2 z zoning district as well as the HMOD1 and VOD3. The applicant the applicant seeks a comprehensive permit under Mass General
Law 40B sections 20 to 23. The project requires a number of waiverss from 202.5 multifamily use 203 density number of building lots and building separation 203 building height
203.5 building setbacks impervious coverage 301.4.4 parking buffer 301.4.6 six inlot trees and 301.5 parking spaces to conduct three buildings for a total
of 27 rental units of which 25 units will be restricted for low and moderate income households. Um this matter was continued from 9:25. We received a letter dated November 13th
addressed to the Yama zoning board of appeals care of Mr. Sean Iiggo chair regarding notice of withdrawal comprehensive permit application for 897 Route 28 Madacheset Village. Dear
Chairman Igo and members of the board, please accept this letter as formal notice that NSG Madacheset Village LLC is withdrawing its comprehensive permit application for the proposed Machesset Village development at 897 Route 28 submitted
under Mass General Law Chapter 40B. After evaluating the circumstances surrounding the review process, the applicant has elected to discontinue pursuit of a comprehensive permit and will instead prepare a revised proposal
under the existing village center 3 VC3 zoning framework. We appreciate the time and attention the board has dedicated to the application to date. No further action on the comprehensive permit is required and the file may be closed.
Sincerely, Steven J. Clary, NSG Manaches Village LLC. Um, having heard the request of withdrawal, is anyone prepared to make a motion to allow them to withdraw?
>> Uh, that motion, is that done without prejudice? >> Yep. >> Okay. We have a motion on the floor made by Mr. Martin to allow the petitioner to withdraw without prejudice. Do we have a second to the motion? Second. >> Seconded by John. Any discussion on the
motion hearing? None. We're going to take a roll call. Anthony >> I. >> Barbara. >> I. >> John. >> Hi. >> Dick. >> Hi. >> And I'm an I as well. That has been withdrawn without prejudice. Um so that matter is closed. If there's
anyone here on that matter, they've withdrawn their petition. Thank you for coming to return. >> Okay, a second here. The next matter is petition 5190.
The town of Yarmouth. Property location is 400 Higgins Croll Road, West Jarmath, Mass. It's in an R40 zoning district as well as the APD and zone 2. Um, this is a petition for the board to
reconsider petition 5190 in order to clarify the conditions of the decision. Uh, our police chief Lennon and fire chief rescue here. >> Fire chief is on his way. Would you like
me to call us again, Chief? We can take another one if you like. >> Uh, no, we can keep going. He said he'd be here in a couple minutes. It's up to you. He's He's not here, but he will be here shortly. >> All right, sit down. We can get started. All right. Thanks, Chief. Okay. Uh, and if you may please identify
yourself for the record. >> Kevin Lennon. I'm the chief of police for the Yarmouth Police Department. >> Okay. Now, this matter was before us um some time ago uh on a request.
Let's just see what we got here. Um this was a request I believe in some for the police and the fire department to utilize that space so for training purposes. Is that correct?
>> That's correct. >> Okay. And at the time um for some reason I I know you guys are busy that we didn't have you present. So we weren't exactly sure what you wanted to do. So what we did in your absence is we put a condition on there that only the police
department, the local police department and the local fire department please come up. Chief >> apologize. >> Good evening. How are you? >> How you doing? >> Good. Thanks. identify yourself for the >> How you doing? Enrique Arasque. I'm the fire chief. >> Nice to have you, Chief. Uh I was just
going over the former petition uh that uh we had put certain conditions on there restricting it to only the local police and fire to use that as a training facility. Um, since that date, it's been brought
to my attention that the police and fire use this to cross train with other agencies and towns. Uh, and so is that a fair statement and you guys are looking to modify that? >> Yes, that is correct. So,
>> so tell us what you'd like to do. >> So, we would like to have the ability to use the building uh with the approval of the police department and the fire department. So right now we have a shared calendar. So anytime the building is used, we can go in and we work with the DPW so we know if they're going to be in there working or if we're going to
have training going on. And we stay away from the auditorium and the gym side. So we just work on the other wing. Uh the the beauty of that building is that it's a unique training facility that we don't have anywhere in the Commonwealth. You take that and you tie it with the Ganon Training Center which is next door. It
provides an opportunity for not only local but state and federal partners to use the building and they have. Couple weeks ago we had the ATF training at the police department. We've had the DEA. Next week we're going to have a regional SWAT training going on. So by allowing
other agencies to use the building, it offers them the same opportunity that offers us is just another avenue to train, another place to work. Uh anytime we use the building, we have strict safety guidelines in place. So if we're going to be outside, we put up signage. it says police training, please stay
out. We're very aware of the other activities that go on in the building. So, we make sure that we don't interfere with wreck. Uh we make sure that if there's anything that's going to happen. We did a a largecale exercise last year. We notified all the neighbors that they were going to see an increase in public safety vehicles. And then once we're in
the building, we make sure that everything is done again as safely as possible. I know one of the concerns was the potential of live fire. We don't use any live weapons in the building. We use what's called simunmunition, which is basically soap. It's a it's a it's a marking cartridge that we can shoot a
projectile at another person and it uh it stings. So, we can do force on force training, but anytime that is done, it's done under extremely strict conditions with safety officers and nobody would be able to walk into the building that wasn't part of the training. So again, this building offers us a unique
opportunity to open up a venue that again other agencies won't wouldn't have the opportunity to use. Uh with the Ganon Training Building in the past, it's be it's been asked, can we charge people to use it? We don't do that because if we go and train off Cape, we
don't get charged to use the building. like our K9 officers, they train regularly in Brockton, Plymouth, uh, Middleboro, and those police departments find abandoned buildings or unused buildings, and they allow our officers to go train there. So, this is kind of this is kind of an inkind, and the the
building again, it's just it's unique and it gives us a different opportunity to to uh allow people to train. So, we just from the police department side, and I can speak to the fire chief on this, and I'll let him add in, but this is a unique opportunity for us. we would just, you know, respectfully request
that we go back to the way we have been using the building, which was if somebody wants to use it outside the Yarmouth Police Department. They call us, we make sure that it's open. Uh it's not a conflict of with anybody. They check in with us, they use the building, they check out with us, and we just make
sure that everything is done correctly. But it is a unique training opportunity for us. We are one of a handful of places in the northeast that has the training facility, the Ganon training facility, and then to be able to go next door and use that other large building. It's it's rare and it's a great
opportunity for our local, state, and federal partners. >> Okay. All right. Chief, >> uh, basically what he said, but we we also do, uh, we do some of the other unique opportunities through the Department of Fire Services at the state
level. Uh we had a a class uh last year that we were able to host by having that building. Uh and the big advantage with that is by hosting. A lot of the times we get offered seats as like first refusal. So we get our people in first or more seats than we get would get
anywhere else. A lot of the classes are sought after and hard to get into. Uh and it's great for us because then we you know we guarantee 10 seats for either Yarmouth Fire or Police. So it's it's a great opportunity for us. >> Okay. Okay. Very good. Okay. Um,
is there anything else you'd like to add at this time? >> I think that covers it. Okay. >> We're going to go to the board for any questions that they may have. Barbara, do you have any questions for the chiefs? >> No. Thank you for your presentation though. Is that Thank you, >> John.
>> Just a couple. Um, so are you present when like the ATF is there or are they there on their own? >> We are not present. We will have an officer check them in. So, Officer Kramer, one of our K9 officers, has kind of become the caretaker of the Ganon
Training Center, and he works a lot with the ATF with their K9 training. So, for the most part, we are not there, but when they come, we have somebody meet them at the building, let them in, >> make sure that everything is set up correctly, and then at the end of the day, they close up, and they let us know
that they're leaving so we can swing over and make sure that everything's been taken care of. And since this is a a unique facility within the Commonwealth, do you see this becoming more and more utilized by other agencies in the future?
>> I I would now >> potentially >> potentially because it does offer, you know, police departments, SWAT teams, uh we're always looking for a new place to train. Same with the fire department because if you use the same location over and over again, it becomes stale and the officers become used to it. So
for someone to come off Cape and go into the Madakis building, which is a very unique structure the way it's it's set up, it offers them the opportunity to set up unique challenges for the officers. And anytime we teach tactics, we can teach anybody to enter a room. We teach them to work in a different
environment. So they have to put what they learn into practice. And the school is just we've been in there numerous numerous times using it. And every time you just make a a little tweak to it and it really challenges the officers. >> Great. Thank you. That's all I have. >> Okay, Dick.
>> Yeah, I have no questions or concerns about it. >> Okay. I don't really have any questions either. I think it's been well explained. I certainly agree that um having a training facility like that's
an invaluable asset. Um and certainly we want you, our police and fire department, to be best trained as you can be. uh God forbid we ever need to call upon you for a real crisis. And unfortunately in this day and age, we see more and
more of it. And we want to make sure if the call goes out that whoever shows up and it's going to be you that shows up are ready to go. And it sounds to me like the training that you're providing not only yourselves but others in coordination with them because you may have to have cross agencies depending on
what crisis might arise. Is that a fair statement? >> 100%. >> Yeah. Um, so I I'm very much in favor of this. I think it's a great asset for the town. Uh, and I'm very pleased what we
hear. Um, and I have no problem lifting that condition. Does anyone else have a problem with lifting that condition? >> I don't I don't really feel at this time that we really need conditions on this. I think we're dealing with two agencies
that are very professional. >> It's also Mr. Penn and Biano online. >> Oh, Anthony, I beg your pardon. Do you have any questions for the petitioner? >> I do not. >> Do you have any comments you'd like to make?
>> No, just thanking them for their service and it's a good practice to have for for training. It's great. >> You know, >> we appreciate their consideration and training other agencies. Well, I personally appreciate. So, thank you. >> Thank you.
>> Okay. Thank you, Anthony. Um, I don't think we need to put any conditions on this. I think to, you know, coin a phrase, they can police themselves. Okay.
>> I I'm confident in both of your abilities to do what's right and to make sure, and it sounds like your presentation, you've got the bases covered. So, um, so I would say that we just issue the special permit. We'll
modify this one. We'll remove that condition and we will uh So, is is anybody prepared to make a motion to um eliminate that condition that we put on the prior petition 5190?
Modify it. So, there are no conditions. >> Thank you. >> So, moved. >> Okay. We have a motion made by Anthony. Do we have a second to that? Second that. >> Okay. >> Do we require any further discussion on the motion?
>> Were there more than one condition, Sean? >> The only condition that I recall that I think we put on there was that only >> Let me just >> Hold on. Let me see. Most Oh, no use of live fire.
>> I tell you what, we'll leave that one on. I I I we'll leave it on. I your representation to us is certainly sufficient. I don't think any successor of yours or any officer would use live
fire in a training exercise like that. It's just not the way it's done. >> We would not. >> No. Um okay, let me look at the um conditions. No use of live fire. Yamoth Fire Department to provide a detailed memo. We've we've been We have memos from each
of them. Yamoth Police Department fire department training only. We're going to eliminate that. If other fire Yamoth, it says if other than Yarmouth police or fire departments return to the board. So, um I guess what we'll do is we will
approve the special permit with the only condition that there'll be no live fire used. Otherwise, you're self policing. >> Sounds good. >> Thank you. and we're confident that you'll do a fine job doing it. All
right, if there's no further discussion, I'm going to take a roll call. Dick >> uh I >> John >> I. >> Barbara >> I. >> Anthony >> I. >> And I'm an I as well. That carries five in favor, none against. Um as you may or
may not be aware, there once the uh decision is clocked with the town, there is a 20-day appeal period that must lapse. Once you get that um 20 days goes by, Dolores will contact you. You can
come get the special permit and I guess they're going to have to record it. >> Uh it could be them or it could be the recreation director. >> Would you just see that somebody gets it recorded? You could touch base with the rec director, but somebody's got to go over and record it to the registry of
deeds, the special permits, >> and uh just return a copy for our records if you would. >> Sounds great. You have any further questions? >> You do. >> Thank you very much. We appreciate your service and very nice to see you both. >> Thank you for your time. >> All right. Have a nice night. >> Thank you.
>> Thank you. >> All right. There we go. The next petition on our agenda is petition 520 NR Abbisoft. Property is located at 10 and 10A Ruby
Street near the Armouth. It's in an R25 zoning district and the applicant seeks to modify decision 3992 dated January 24th, 2006 and/or a new variance to allow an increase in the
total number of bedrooms from 4 to 5. The applicant requests a waiver from the requirement for a certified site/plot plan less than two years old. >> Good evening, sir. Have a seat. >> Thank you. Do you identify yourself for the record, please?
>> Yeah. Uh I'm the honor abas. >> Okay. And you are the owner of the property? >> Yes, I'm the owner of the property. >> Okay. >> Yeah. 4 years uh I did a finished basement four years ago. >> But uh they told if you want to do the uh bedroom there, you need to go to
Borders Apples. But if you don't want to uh bedroom, you can start doing the kitchen and bathroom there. And I did four years ago kitchen and bathroom because I had the wedding. I should finish just go to my wedding >> four years ago. Yeah, I didn't need bedroom at the time. Uh but now uh I
have the three months old baby. Uh which one and my wife she's studying in Bridgewater State University. Which one? That's why my parents they need come for take care baby too. We don't have enough space too for this one. That's why uh I
need just put the uh everything is ready on the basement. But which ones uh on the map shows just I need to put the uh like the dog uh for the and on the purpose it has to be the bedroom just and septic is the five bedroomedroom
septic on the house. >> Okay. >> I don't change about the house and just which when I came here about the documentation. >> So you have a two family house there right now. Correct. >> One side is rented because I need to pay
the mortgage. Okay. >> Yeah. >> All right. Um, do you own any other properties on the Cape? >> Yeah. In Hyannis. >> Where? >> In Hyannis. >> Hyannis. What's that address? >> 23 General Patton Drive.
>> Okay. All right. All right. Um, you have a declaration of homestead here with your name on it. this one >> that 23 general patent drive. Um you when you put a declaration of
homestead you can only do that on your primary residence. >> About decoration what you mean >> your declaration of homestead that this would suggest that your primary residence is >> my primary residence notes. My primary resus
>> I'm sorry >> my primary residence is Yamus. >> Okay. What does your driver's license say? Can I see your driver's license? >> How many driver's licenses do you have? >> Okay. >> I want to show both the same address. >> All right. Okay. Hold on one second.
>> Old one because both sames in last 5 years I have the same others. I didn't change the others. >> Okay. All right. You age well. You look the same age. >> Okay. >> They let you use the same photo, you know.
>> Yeah, I know that. >> Okay. All right. Um All right. So, you live there. That's your primary residence. >> Yes. >> And so you're saying that you're going to live you live. So let me
understand the floor plan cuz uh believe it or not, I remember this case a little bit. It was a long time ago. Um it's not a case, it's a petition. >> So this is the layout right now.
>> Uh one side. Can I come this sure? >> Sure. Come on up. This side uh doesn't has the basement. This is lented. This side has basement. >> The uh on the map which one you see it's a second upstairs. >> Yeah.
>> Is this the uh basement? Which one goes from here to the basement? >> Yeah, those stairs go down. Okay, everybody see that? You go down the stairs to the basement right here. He lives on this side. He's rented this side out. >> You see the stairs going down
>> in 10 ruby street. This is the 108 ruby street. >> Okay. Okay. >> Yeah. And on the ID2 is 10 ruby street, not 108. >> Okay. >> And here you go to here. All is this done 4 years ago. It's a bathroom kitchen and says living area. Which one
I want to put the door here? Just that's all. And this is the storage room. >> Where do you want to put the bedroom? >> Here or here? It doesn't matter. >> Okay. >> Actually, maybe I'm not going to do nothing there. Just on the purpose which I like doing everything legal. I don't
want to most >> Okay. Why don't you go ahead back there because we want to get you on the record there. So, yeah. On your microphone. >> Um Okay. Um so, you finished this off, did you?
>> Yeah. Everything is done. I'm not going to do nothing inside of the house. >> Do you do you have a building permit? >> Yeah, I have the building. Uh I can show you this one. >> No, no, no. We can verify that if we need to. >> Yeah. Yeah. I have it from the electric plumbumber and building inspection. They
came four years ago. They check they sign. After they sign, I didn't change nothing. Everything exactly same. How it's here. I didn't change nothing because I don't like doing the without permits, nothing. >> So, what brought you before us? How did you Who told you you had to come see us? the building department
>> five bedrooms. >> Yes. Because when I when I change to the five actually four years ago they offer me come to here uh 2021 when I before I start this one. >> Yeah. >> They told you have two option you can start uh going from the B app or you can
do without bedrooms there just no bedroom that's why you have to keep the 5 ft open that's why I keep here 5 ft open and I keep here 5t open I and this means no bedroom >> it's more of an opening and stuff. Yeah. Off is a bedroom. >> Yeah. At the Because I didn't need at
the time. That's why I didn't do it. And plus I should go to my wedding. I didn't have time because B apples you need to make the appointment, wait the time. Um do you have two forms of aggress and out
of there? Is there two ways to get in and out? >> Yeah. Uh one is >> see going down the stairs. Is there a bulkhead also? >> And bulkhead too. Yeah, bulkhead is here. You see? >> Uh-huh. Okay. >> Here's the bulkhead. This has the door.
Uh, and here's the second entrance, >> right? Okay. >> And the windows big too. Windows the uh regular house size windows, not the uh >> And have you had your inspections, plumbing, electrical? >> Yes. Everything is done.
>> Building. >> Yes. >> Building approved work down there. >> I have the per. >> No, I believe you. I just you just tell me. >> Yeah. Building inspection. >> You have one of the assistant building commissioners sitting right behind you. So, >> uh but uh it was >> you can verify it for us.
>> Yeah. But it was another person inspected Brett. He came he checked it and he signed it. Okay. Um I'm going to go to the board with some questions now. Um, Anthony, do you
have any questions for the petitioner? >> No, I think I understand the application. The the you said it right in the beginning, but I I think I missed most of it. But the reason for trying to go from a four to a five is for family personal family considerations. Is that
what I understood? >> Yes. He's uh he needs the spare room for uh who's going to live down there? uh um I don't know who we're going to live because uh uh because of my parents coming and plus uh my wife's parents
were going to come visit my parents is res of United States but my wife parents is not resident they are coming for always for one month or two months take care >> is going to come visit >> yeah always families come because if not legal bedroom I don't want to someone
sleep there >> we put a condition on that that you couldn't rent it you're comfortable with that that downstairs alone. >> Sorry, >> that's not going to be a separate unit. That's just going to be a bedroom that's going to be connected to the upstairs. Correct. >> Of course. I don't want to separate.
>> I have a a 10B Ruby Street. >> Of course. I know. So, yeah, I know. I I didn't come here for the three three family units because house is two family unit. I'm okay with this one, >> but uh I want to just not uh four bedroomedroom, five bedroom. Actually, just forget about another side. Two
bedroom. This side's two-bedroom house. I don't want a two-bedroom house. I want a three-bedroom house. This is the reason of the I'm here this one. I don't want a 10B or something. Anyway, I don't have time for make the uh then it's going to be too much problem for me. Electric bill everything
separate. I don't want to. >> Anthony, I'm sorry. I didn't mean to cut you off. Did you have another question? >> Yeah. So, when did he start living at Ruby Street permanently? >> From 2019. So, so we have a letter from a butter
that says this summer that 10 occupants lived there for J1 students. So, how would you live there with 10 other occupants? >> No, the backside and I did the uh with the town hall. I have the papers. Uh I did renting I been here and town hall
came and check it and it didn't was 10 students. >> What's that? >> It didn't was 10 students. It was six students and it was behind of the house which I did rent it. >> You had six students living where? >> The behind of the house that another
house which I'm saying is that I'm renting 10A Ruby Street. >> Which which one? >> 10 A Ruby Street. >> So the other side of the house you were renting to students. >> Yeah. This summer I was renting to the students.
>> Okay. And you were renting to six students? >> Yes. What's the maximum occupancy for that? >> What is two bedrooms? Tim, what is that? >> I think it's two board of health. >> Two.
>> I Please come up here. Thanks. >> I believe the health department I believe it's two per bedroom, but that's through the rental program and the health department. That's not two building. >> Okay. So, that that Thank you. Uh Tim Sears, assistant building commissioner.
Um thank you, Tim. Uh, all right. So, that's a twobedroom over there, correct? >> Yes. >> So, you were exceeding the amount of people that were living over there this summer. Is that fair to say?
>> I don't know. >> We had six and you're only allowed four. I didn't know this one about because of the uh next to the they has the hotel they put the J1 students uh four person
in one room always like town and country hotel >> what's that got to do with 10A Ruby street >> yes that's why and students came from there and they told it's four persons there and that's why they moved to my house because of the they live three
person in the one room so I didn't I didn't know. It's has to be there. >> Okay. So, >> who do you permanently live with? How many people do you permanently live with? >> Asking you how many people do you permanently live with?
>> Me? I lived with my uh wife. Uh but baby's 3 months old. >> Yeah. Most of the time I live with my wife. Yeah. And uh with my parents too. Depends. Old time it was change. >> Okay.
Okay. So, your parents, your wife, and you have a what' you say? A two-month-old. >> Three months old. >> Three-month-old. >> Okay, that's good. Okay. >> Anthony, do you have further questions for him? >> No, I'm just trying to understand how the neighbor gets to the valuation or
the number of 10 people that were occupying it. And it the way I read the notice from the abuter it was that the applicant wasn't one of the 10 or the family members but so that doesn't give me a concern.
>> Okay. Okay. Okay. Well, I think if we do anything tonight, I I think we should definitely have a discussion about conditions and occupancy. So everybody's on notice and but we >> Excuse me. Uh can I just say uh I think
maybe the uh who's saying about 10 person because of the six person on the back side and four person me my wife and my parents this summer could be 10 person. >> Okay. Okay. >> Yeah. For the whole house not for the
>> Okay. Anything further at this time Anthony? >> No. >> Okay. Barbara, do you have any questions for petitioner? >> Um, yeah. I've got some concerns about the noise complaints o over this past summer.
>> Can you give us a little more information about what was happening? >> I I don't know about >> one of them says that loud party music and voices about 20 people. That was July 24th, 2025.
>> Yeah. could be uh just some celebration but didn't was like after 1:00 a.m. or something. >> It was what? >> It didn't was after 1:00 a.m. or something. I don't know because uh always I'm leaving 5 years and one someone's complain. I don't know. I'm
living there five six years and just one times complain. I don't know what's happening. I cannot remember. I don't remember. July 24. >> We got a police record right here. >> Yes. >> More than one complaint. Yes.
>> July 24th of 2025, there was a noise complaint. Um, at 11 p.m., loud party, music, and voices about 20 people.
Did you have a party on July 24th? It didn't was I I didn't I I think I was uh not there at the time. >> You were not there. So is it your testimony that >> there was a party of 20 people going on
at your house on July 24? >> In July I don't know. Just one second. I going to check maybe I was at the hospital because of my wife. She was a pregnancy one week about 10 days before of the pregnancy before the baby because baby was born in August 4.
Okay. Now, let's see. Yeah, let's go back to 23 and 22. Okay. And you've been living there since 2019, correct? Uh actually it's like the end of uh beginning of the 20. I purchased
the 19 house and I did a little bit renovations there and then I moved maybe because I purchased the house end of the 19th November or something but I don't remember when I moved 2019 December or 2020 January. Yeah, something like that.
Okay. 23. It looks like you had some dispute over there. There was an arrest made at that address in 2022. Okay. So, matter of verbal warning.
Okay. Let me see what we have here from one of your neighbors. Um, this is dated. This is from Titar Ibangh. Do you know him? >> Sorry.
>> Tit Titar Ibanov. Me too. >> Nine. Ruby. >> No. >> Okay. They must live right across the street for you. Dear members of the zoning board of appeals, I'm writing in reference to petition 5200 concerning
the property located at 10 and 10A Ruby Street, West Charmoth. As a neighbor living across the street on 9 Ruby Street, I would like to express that I have no objection to my neighbor request to add a fifth bedroom. However, I would like to bring to your attention a concern that I hope will be taken into
consideration. During this past summer, the property was rented out to J1 students. more than 10 occupants living there. The issue was not the occupancy itself, but the rather the frequent noise disturbances. Almost every night,
the tenants gathered outside on the front lawn until late hours and after midnight. >> Yeah, we were sitting in the front because of the tent still doesn't have the back backyard >> sleeping out front. No, hang on. >> Let me Why don't you let me finish the uh I'm so sorry.
Almost every night, the tenants gathered outside on the front lawn until late hours and after midnight. In or maybe on few occasions, uh, I had to go outside and tell them to be quiet. On one occasion, there was a large party of over 20 to 30 people on the front
lawn with loud music and shouting after 10 to 11 p.m., which led me to contact police. This sounds like the July 24th incident. Also, the yard wasn't kept clean and indoor furniture was still kept outside.
My concern is that the expansion of the property may lead to similar situations in the future if it continues to be used as a short-term rental or seasonal rental with a high number of tenants. I appreciate your attention to this matter and trust it will be taken into account
when reviewing this petition. Okay. All right. Do we have any other correspondents? >> No, Mr. Chairman. >> The only one. Okay. All right. Um, anything else at this time? Uh, oh. Oh,
I went to Barbara. Barbara, any further questions? >> No, I'm just very concerned about the um, you know, the J1 students and and the noise complaints. Um, yeah.
>> All right, John, do you have any questions? >> I don't have any other questions, but I have similar concerns about the management of a property. >> Okay. >> Okay. Dick. >> Yeah, I actually have a lot of questions
um and comments. Uh, and with with due all due respect, this is a two family house now containing four bedrooms on a tiny lot, less than a quarter acre. Um the second dwell and this is a single
family neighborhood by the way. Uh the second dwelling was uh added way back when as a concession to the then handicapped owner to have another relative or something or
other there uh at one point. uh that appeal decision allowing that was supposed to expire when they sold the property. Uh unfortunately, they sold the property and the next person started to continue to use it as a as a duplex,
which it shouldn't have been. And actually, if you go back into the some of the stuff, it said that the uh the the second depart uh second um apartment was supposed to be dismantled and gotten rid of. never was the owner. I guess
probably before you um bought it and continued to use it as a duplex. Uh when that was found out, they came to a board of appeals and uh and because of the circumstances of not knowing it, I guess
when they bought it and so forth, they were given leniency uh to continue it. Actually, it may have been them that were supposed to dismantle it. uh as well. So, I mean, there's all sorts of things going on here. We got a duplex on
a tiny lot 5 ft from the lot lines or one lot line um in a single family neighborhood that never should be there to begin with. And that's not your fault. I know. Although, somebody should have looked back into some of this stuff in before you bought it, found out that
there was an issue going on here. >> I didn't know about this. >> Yeah. Um and uh so that's unfortunate. uh your bo your septic uh septic system is for four bedrooms only uh and if you look at that it'll say
both the design and the use is for four bedrooms uh and not five bedrooms and I can't imagine the board of health being too happy about this becoming a fivebedroom and if it did it would need a probably a bigger septic system. So
you've got all these different uh issues going on that um you know And again, a lot of it's not your fault. It may be your attorney's fault when you bought it, but there's all this house should not be there in its presence presence state. And
while I can see you providing relief for it to continue to remain the way it is because of the situation or you not knowing, uh, hell, if I'm going to vote for going up in the number of bedrooms, uh, I'm also concerned that both the neighbor and other parties are talking
about uh, all all these people and parties and so forth. And if you're living there, I would think you'd be noticing that and dealing with it and taking care of it and saying, Quiet you down, guys. What's going on here? And apparently that's not going on. Um,
I mean, there's all sorts of things going on. I'm I even still have a question of whether you're even living here or whether the whole place is rented or or and whether you're still living in in Hyannas. Um, and yeah, there's just a lot of things that are
are problematic here to me anyways. And there's no way I'll be voting for five Bum. So here it says five bedroom on the purpose from the town hall. >> All right. Um is there anyone in the audience that wishes to speak in favor
of this petition? Seeing none. Is there anyone in the audience that wishes to speak in opposition to this petition? Seeing none. Correspondence has been read into the record. Do we have anybody online with their hand up? Uh >> no, Mr. Chairman. Okay. Is there
anything else that you'd like to add at this time before we close the hearing to the public? Uh >> about the septic, this is uh I took from the town hall here says the five bedroomedroom septic. Can I show it to you? >> Well, we'll take your word for it that this I don't I don't know that the
septic system is really the concern, but I have it right in front of me. Okay, we'll take a look at this just for Okay, it's on the middle of the Okay. Uh
well, the inspection showing it as four bedrooms both by design and and uh what's there and uh was 2019. This uh plan here that I guess you're
referring to does say five bedrooms. Uh but I think that that must have been done at one point for you. >> This has got a date of 23 2000. >> Yeah. >> Okay. >> Down the bottom. >> So I think that that must have been done
by a previous owner maybe trying to make it five bedrooms at that point and that uh didn't happen. Okay. Well, of course, were there to be any relief granted, it would certainly be
predicated on it five bedroomedroom septic to be able to be maintained on the property. Um, anything you you'd like to add? >> Just about the safety. That's all. >> We're going to close the hearing then. We're going to open it up for
discussion. Dick, we heard your comments. Is there anything else you'd like to add? >> No, I just think uh five bedrooms is uh on such a tiny lot in a single family neighborhood as the duplex that was illegally put there to begin with. Um
is to me anyways a big no no. >> Yes, I'm not changing nothing in the house. I'm keeping same thing house. >> We we closed it now. >> Okay. Sorry. I didn't know. Yeah, >> that's that's okay. No problem. Okay. Um,
John, what do you think? >> Well, I tend to agree with Dick. I don't I don't think we need more people living on this lot in property. I think we sounds like there's enough there already. So, um, I'm not in favor of a
fifth bedroom. >> Okay. Okay. Barbara, >> yeah, I'm not in favor of it either with the with the complaints. um noise complaints and uh in light of the letter from a ne your neighbor and
I'm not I'm got a real concern whether the property is actually owner occupied. So I wouldn't be voting in favor of it either. >> Okay. Anthony, your thoughts?
>> Um yeah, if we're taking a pole straw, I would not be in favor either. Okay. All right. Uh, well, I do share the board's concerns and and I think Dick um raised the concerns certainly that I
had. I'm going to date myself here for a second because I sat on this petition in 2006. So, I've been around for a while on this board. So, uh, but I recall this petition. Some of them you remember. And this was a bit of a unique situation in
the petition that came before us. Were you on this one, Dick? >> Uh, but at any rate, you're correct, Dick. This was an illegal duplex is what it was. And we felt at the time and it need required a
variance. And we felt at the time that it would be a financial hardship and not re really realistic to have them tear it out of there. And so we granted the relief, but there was a condition here. And when you bought this house, you need
to do your due diligence or if you had an attorney, he needs to do or she needs to do he is her due diligence. And I'm going to read you the conditions.
It says to grant a new variance to allow the present two family use to continue. It was not legal on the condition that it remain a four bedroomedroom two family dwelling. Two per unit, that's
two bedrooms per unit. That no structural enlargement or alteration is to be made. but that the current renovations, current pending reserv renovations may
continue to completion. I didn't under No, I can't say that I recall that, but my understanding was that's for the upstairs. I don't think we ever considered anything downstairs. So, what you've done is you come in and you've completed the downstairs for the
most part, correct? >> Okay. >> Yeah, it was the uh finish. No. Yep. >> You do so sometimes at your own peril. And you really, this is this is part of
your deed. When someone does a a U title search, the bank, let's say you had a mortgage on it, they should have picked this up. You should have picked this up. And if you did, this would be on file and you'd
be able to read that right there and know that you couldn't do this. >> But I did everything by the town. I did I got >> the town. You can't blame the town. >> I'm not blaming the town. I'm not saying I didn't know. That's why I came to the town. I did the paperworks everything,
you know. I don't do never uh by myself nothing. You know, I came I did. >> That's why I'm here. >> Understand you're not you're not trying to do anything under here. We understand that these things happen, but unfortunately, you're in here asking for variance
relief and as Dick said, this is on a very small lot. This would never be allowed to today and you're increasing the density here more than it appears. I mean, I don't know how many people living there, but if you're telling us
that you got 10 people and having parties and you got a three-month-old, I'm not sure how that all works. But uh you know now we've got neighbors concerns but I just think and I am very concerned about the neighbors from a a
variance perspective. I don't believe that you meet the criteria for variance because in order to do so you have to have a hardship and the hardship has to be owing to circumstances rel relative to the soil conditions
topography and shape of the lot. None of which I think apply here. And a lit literal enforcement of the bylaw would represent a substantial hardship to you. Now, the voters at town meeting, okay,
and chapter 48, the state legislature, all right, passed this law. Okay, it's really the legislature that passed it. We adopted it. Um, but I don't believe that you meet the criteria for variance. So,
for those reasons and the reasons elaborated by Dick and the concerns of the other members, I can't support this either. So, right now, you have uh five members against uh and none in favor. In order for you
to be successful, you would need four out of five votes. Now, you can do one of two things. We can take a vote, uh, which I believe you will not win,
but that would give you the ability to appeal our decision to a higher authority if you should so do so. That would preserve your rights. If you choose not to do that and you want to withdraw this petition without
prejudice, I think we would allow you to do that. However, what you have there is not legal, and I have a feeling that the building department is going to write you a letter saying that you're in violation, and that stuff probably has to be taken out. I think it's going to
have to be taken out anyway. >> Taking out what? >> It's not there legally. >> But I got the permit, everything, and I did I spend a lot of money. >> I understand that. I do. I understand that completely. Um
but this is clear this is uh >> no structural enlargement or alteration is to be made and what you did >> but it was the basement I didn't increase the basement I didn't add the anything uh >> but you finished off the basement
>> it was finished when I purchased but it was >> somebody finished it off at some point and they didn't do it legally >> I know but all paperworks I did with the town by the town. I didn't do nothing by the town and town check and give the permit to me and I start spending the
money to the basement. I didn't do nothing without getting the permit. Well, yeah, you're not you're not sitting here with the benefit of counsel. So, um I might suggest to you that you have us take a vote on this. You're not going to
succeed, but it would at least preserve your rights. >> Okay? You would have to appeal within 20 days. >> I'm going back home. I have the ticket. My baby's in back home right now. >> Well, either that or
I mean, we're going to move the question. We're going to take a vote unless you ask us that you'd like to withdraw the petition. But I don't see a way for you to come back and modify this to the extent that the board would grant you the relief that you need.
What I think you might be best served doing, and we're going to take a vote, unless you want to withdraw, is in the 20-day appeal period, you may want to speak with an attorney and see if there are any
legal avenues that you can pursue. >> I don't understand. I need take off the basement, you mean? >> That is not that is not for this board to determine. Yeah, >> that would be for
that may be for the building department. You could speak with them about it, but in terms of what you've done here, uh we can't grant you the relief and it runs contrary to prior decisions that you
are actually on actual notice because they're part of your uh title of ownership. the registry of deeds. So, you're on actual notice that you can't do that. So, you can't really use
>> Mr. I didn't add the bedroom. Town hall uh uh told me about this paper and they told uh if you don't add the bedroom, if you don't keep the bedroom, this is not adding the something extra because you have the basement anyway. You are not doing nothing extra. That's why they
told me 5 ft open. I I'll tell you what. I think what you should do is go back and have another discussion. What you're here today to ask us for is you're asking us to allow you to add a bedroom. That's the only thing you've asked us for.
>> And I need to go to Apple for the adding bedroom only. Right. >> Well, we're we're we're only dealing with your request. We're just putting you on notice that there should have been no structural change down there or to the entire building for
that matter. Both sides, the other side is included as well. So, um, would you like us to take a vote on this or would you like to request a withdrawal? >> What? What does mean request withdrawal?
You don't do voids just right. Well, I don't think a withdrawal is going to do you any good to be honest with you. It would it's just going to leave you without any remedies because you can't you can't do anything until you and this you may not
understand this but you need to exhaust all of your administrative remedies which means you can't appeal our decision unless we make a decision. This preserves your legal rights. Anyway, if you were going to say you cannot add the bedroom, I'm not going to ask. I am not
doing the app. I don't want >> Okay. Well, let's just go over what you've asked for in your relief first of all, so we're clear on that. >> You have asked for in the legal petition to allow an increase in the total number
of bedrooms from four to five. That's all you're asking for tonight? >> Yes. >> That's that's all we're dealing with. Yes. We're not dealing with whether there's a kitchen down there. That's between you and the building department. >> Okay? >> You have discussions with them.
>> All we're saying is we can't Oh, >> let me rephrase that. All we're saying is we're not in support of a fifth bedroom. So, that's what we're going to vote on tonight. Okay? If you want to have further discussions after tonight with the building department as to
whether what you have down there is allowable or not, that's you can take that up with them. >> I have one question. Sorry. Uh you told about four bedroom can have the four person. Uh two sorry I'm sorry. Two two bedroom can have the four person. No, I
have just one question. Is it for adults or with the kids? I that's not that's actually not a question that you ask this board. That would be um who handles the town rentals? Probably the board of health. That's who would tell you uh how
many people can occupy a bedroom. >> No, because of the reason uh uh I have two bedroom right now. Uh one bedroom I want to make for the baby and then I don't have if someone comes for the uh from my family take care the baby, they don't have space for the stay. That's
why I'm saying then if we I have to just do together uh baby in our room you know we cannot have we cannot have the uh >> I I I understand completely what you're saying. Yeah, that's why it just say I'm not adding any person extra to the
house. You know, I'm not adding any space in the bedroom. >> Again, you've asked us, you petitioned this board for relief. We've had a discussion on it and we're
prepared to make to take a vote. So, I I think we should probably take a vote on this. I don't think that a withdrawal is going to benefit him. So, I I can prove with two. It doesn't matter. >> Okay. Is anyone prepared to uh make a
motion? >> Make a motion to deny petitioners request for variance. >> Let me see what he's uh Okay, he's got two requests for relief. The first one is for a variance.
We have a motion on the floor to uh deny the request for variance. >> Second. >> We have a second. Motion made by John, second made by Anthony.
I don't think we need any further discussion on this. I think we've fully discussed it unless anyone else wants to add anything else. Does anyone else want to add anything? >> Hearing none, we're going to take a roll call. Anthony >> I >> Barbara
>> Hi >> Dick >> I >> John >> I >> and I'm an I as well to deny the variance that variance is denied on the second request for relief to modify decision 3992 is anyone prepared to make
a motion a motion made by Dick we have a second that that's to deny the modification of petition 3992. >> Yep. I'll second. >> Okay. Any discussion? The only thing I would
add to that decision um well, the only thing that that I can add to that decision is I don't think you can modify a variance. I I've always been taught that you need a new variance. Um but as it may the same uh the same uh
rationale applies to the modification as uh the denial of the variance. Okay. Any further discussion hearing? None. Anthony >> I >> Barbara >> I. >> John >> I. >> Jake >> I.
>> And I'm an I as well. That's zero in favor, five against. The modification fails as well. Uh, thank you very much. We're sorry. >> Does this mean I'm keeping same thing? >> I I cannot add nothing, right?
>> Well, you uh you can't add a fifth bedroom. That's all you asked for tonight. >> Yes. >> Okay. We we can't discuss what what else may or may not be able to remain. That's something for you to speak with the building department and the health department about.
>> Okay. >> Very good. Thank you for coming by. >> Thank you. >> All right. Give me one second here. All right. The next matter on our agenda is petition 5201,
a Mayor LLC. The property was located at 183 South Seab, West Jarmath. It's in an R25 zoning district and the applicant seeks to reverse the decision of the building commissioner per 102.2.3
paragraph 3 for building permit to construct a 12 1/2x 24 garage and or seeks revocation of the building permit and demolition permit of the constructed garage.
The applicant requests a waiver from the requirement for a certified site/plot plan less than two years old. >> Good evening. >> Good evening. >> Could you identify yourselves for the record, please? >> I am Ana Bulgaro >> Constantine Carcelli
>> and we are the owners of Lamar LLC. I would like to mention >> Okay, hold on just one second because I want to get my plan out here so I know what we're looking at. So, we are the owners of 185, I think. I don't know if it
>> Okay. Okay. Let me just look here. >> Okay. You own property at 185, >> correct? Did I add >> who you who are you the owners of the
LLC? >> Yes. >> Okay. So, you own property at 183 as well? >> No. >> Okay. >> The petition is against 183. >> So, this is a problem. So, until 2 three
years ago, it was 185. >> Yeah. We divided this. I remember that. divided this into 185 and 183 and the address change was made in February 2024.
So 185 is ours and 183 is the former owner. >> So Crow Heritage Condominium was created um after an appeal to the board in June 2023.
We purchased in in February 2024, the owners of the condominium, Andrea and Cynthia Le um applied for separation of addresses. 185 Cal Heritage Condominium 185 unit A became 185 South.
>> Just so we know, just so we all know what you're talking about, I want to refer the board to this plan right here. Okay, we have these two units. I believe they were all on the same piece of property at one time and we allowed you
to condominiumize these. >> Yes. >> Okay. So, they became a condominium and this dotted line right here, correct? Separates the two properties and those
are what we call in condominiums exclusive use areas. Correct. >> Correct. >> Okay. Now you are coming in here and asking us to revoke the building permit for the garage, right?
>> Okay. And why? >> Okay. So in so the owners of 183 um planned for at least 18 months to renovate their property
>> um and build a garage and there is documentation of their plans that were multiple times reviewed. So in June of 2024, they applied for a permit without that didn't include the garage and actually they proceeded with demolition
and renovation of the structure without the mandatory approval from the condominium board of trustees. Um that is mandated by the condominium masterde and also the messages general law 183A. >> Yeah.
>> So condominium law. Okay. Um so at a later time again without u having um an approval from the uh condominium trustees they proceeded to build a garage infringing on the exclusivity line
coming within inches from the exclusivity line to the point that they damaged the invisible dog fence on our property that is installed one foot away. So we um they they did not have
our approval for any of this um um changes any structural changes and renovations. So on December 20th, 2024, I came to the building department to ask um to put a halt on the construction and
I was told that that is not possible. And then over the next eight to nine months, I came multiple times and asked for a copy of the permit for the garage because we saw online that the permit issued in September 2024 did not include
the garage. On multiple occasions, we were told that um uh plants were there and um it took at least 10 requests till they finally in September of 2025 admitted that no permit for the garage
was ever issued and they retroactively asked um the owners to apply for a permit. But during this time >> once that happens. Yeah. Okay. Well, we think that um they as they were planning
to um build a garage, they intentionally didn't apply for the permit not to draw attention to how close it comes to the exclusivity line because that violates also one of the um provisions under
which the condominium creation was uh created that wouldn't. So that violates one of the condominium uh >> you master deed >> and the bylaws of the >> bylaws of the cond >> because it bylaws of the town because it
creates hazard nuisance and it affects the character of the neighborhood. So and and then >> so so then basically they I we consider that they intentionally de deceived the
inspectors you know that they had the permit that the permit included the building of the garage to proceed with um obtaining all the codes and proceeding with the building. So we feel that I I addressed these issues on
multiple multiple occasions with the building department and they ignored us and they um allowed the building to proceed knowing willingly and knowingly that there was no legal permit ever issued. So, we
>> can I can I just stop you there for one second because I did take a look at this and I did some little investigating on this. >> Um, and I'll let Mr. Sears chime in in a moment. Um,
but this line right here, what what we look at is we look at whether you comply with setbacks. Okay? And if you comply with all the setbacks, um, a garage is permitted to be
constructed where you want to put it. Now, you say and it's too close to this line, correct? >> Correct. >> Well, you see the problem is this is not a property boundary. This this over here, see these lines
right here? >> I think that's these are property boundaries. Let's say they put that garage like 5 ft off off the property boundary. They built a garage. That would not be legal cuz in this zone they
need to be at least 15 ft off. Okay. But see, they're way over in the middle of the lot. That lot right there is not considered a property boundary. That is a boundary that's drawn by you and the other people in the condominium.
And what that is is that's an exclusive use boundary. Meaning everything on this side is his and everything on that side is yours. Now, I don't know what's in the condo docks about uh
about building up two lines or anything like that, but that would be something that the two of you would have to have an argue about argument about perhaps in a court of law that you violated the terms of the trust of the condominium
docs, the master deed or the rules, whatever you have. But in terms of this right here, it appear and I'm going to ask Mr. Sears for an opinion, but this appears to be a legal garage and it meets the setbacks. Is that correct,
Tim? >> Common area. >> Yes, cuz we as you like you say, we don't we only take property lines in consideration for zoning purposes. So, >> I I think that's where the confusion might be. I think that we understand this issue uh
that the although that there are different properties for taxation purposes there are not no different >> properties let me let me turn the question around then if you understand it >> why don't you tell me legally
why that should be deconstructed >> so legally is because he intention >> in terms of the bylaws concerned the the Yarmouth bylaw can >> because it violates the >> which section of the bylaw
>> 103.1 that says that the the crow condominium creation was expressed expressly conditioned on the voiding undue nuisance hasn't and detriment to neighborhood character and that it's basically creating undue nuisance.
>> Which which section you looking at? >> 103.1. >> Let me look at 103.1 here. Let's all look at that. So in terms of the undue nuisance, the owners of 183 acknowledged their visual impact and um stated they would plant
greenery to cover to to soften the view. That's how they called it and there is absolutely no space within inches to >> where where where were you looking at that required? Where are we looking at >> written in the in the decision for the
condominium creation and it is >> well if you're relying on 103.1 building permits is that where you're looking >> let me read that into the record.
It says requirements permits 103.1.1 compliance certification building structures or land may not be erected substantially altered or changed in use without certification by the building commissioner that such action is in
compliance with then applicable zoning which it is right here or without review by him regarding whether all necessary permits have been received. received from those government agencies. The only government agency that's going
to be applicable in this case is going to be the Yarmouth building department. There's no others like the state for instance or the federal government from which approval is required by federal, state or local law. Issuance of a building permit or certificate of use
and occupancy where required under the Commonwealth of Massachusetts state building code may serve as such certification. I think I haven't looked at the building but the only thing that that we do building
department does on a building permit is to make sure it complies with the building code. >> Well, they didn't have a permit to build. Well, this is this is what happens sometimes. Wait, wait, wait, wait. Just just let me finish and then I'll let
>> What may have happened here is he may have added the garage without a permit. Now, if you have a building right there and you don't have a permit and the building department comes in and says, "You built this
without a permit, but it complies with all the building codes and you're in compliance with the zoning." They're going to say, "You need to come down, fill out a building permit application, and pay the necessary fee, and you're all set." Is that what happened to you, Tim? >> Yes. There was a little there was
originally when he applied, there was some plans that were needed. So, he wanted the permit issued just for the remodeling because he wanted to get started and then mistakenly the foundation got inspected before they actually had the permit. The contractor uploaded new plans, but never actually applied for the permit for the garage
till we looked at it later. So once we made him aware of that, then he came in and applied and we issued the permit, but it it meets zoning. So it was not really an issue as far as setbacks and all the inspections had been done. So there was not like they covered up construction or anything like that. So
>> no, that that unfortunately that does happen, but the remedy >> can I intervene for a second? >> Sure. Go ahead. Thank you, Tim. So um one of the
requirements for having a legal permit for a by a condominium association should they should have an approval from the condominium association. So the initial application which was in June
did not have our approval. The there was no meeting with us. Our first condo association meeting. We bought the property in March on March 8th. Our first meeting was at the end of
August on August 20 something. Uh during which we went over the condo uh documents, we signed them. There was no mention about garage, about anything. There was no mention about about um
us having to sign the approval. There was no they didn't ask us about anything. We knew when we bought the house that uh our neighbor wants to remodel the barn as he called it at the time and we were okay with that because initially was
supposed to be within the footprint of the building, nothing extra. So during our condo association meeting at the end of August, there was no discussion. There was they didn't ask us for um for
a signature. Um and that building permit was already applied in June. So from the condo association point of view, not even for the initial renovation, even without the garage, there was no uh
condo association approval. Well, what what you have here >> more after that >> is you may have a cause of action. You may have a remedy that you can seek, but it's not with the town, it's with the
other owner. So I I if I could bring additional um so the building department has the authority and the responsibility to enforce local bylaws and also rules and
regulations and they should >> we don't we don't we don't read everybody's condo docs. No, no, no, no. Just the laws, the laws of the state. There are multiple violations of the laws. Applying intentionally starting construction without a permit is
sanctioned by law, a Massachusetts general law like U. >> And so what is the remedy? So the the remedy is
fine or um and also proceeding um it's um and with each day of violation constituting a separating offense >> could be up to $300 a day. Yeah. >> Yes. So then sub submitting like false
information to the inspectors in order to obtain um um like to obtain approval making this fraudulent claim is also punishable by mass general law. I have here the number and and it can be uh
punishable by fine up to $10,000 and imprisonment. We also um appealed this because there were multiple issues with the Yarmmouth building department enforcing the law of permitting and inspection. We think that they covered
up 41 183, you know, knowing allowing them to pursue um inspections and approvals for unpermitted work. >> Wait a minute. Wait, wait, wait, wait, wait, wait. See,
>> the problem is is the building department didn't do anything wrong. Somebody No, no, no, no, no. Their job is to make sure things comply with the building code and zoning. They make sure that you know your setbacks
are right, you're not too tall, things of that nature, your foundations are at the proper height, all those building code things. If your condo docks say that you can't build over that boundary line and somebody builds that, that's
not the building department's job. That's your neighbor's job to not do that. And if he does that, he subjects himself to perhaps damages that he
caused to his other owners. Okay? if he's in violation of the condo rules, but your action is against him, not against the building department. If you want to do that, you could file a cause of action in the superior court to
enforce that if you want to do that. But that's where you and I'm not trying to give you legal advice, okay? So, please just I would tell you to consult a an attorney um that's very knowledgeable with general law chapter 183A. That's
the condominium law. >> That's where you go. But in terms of what you're asking for tonight, we don't have the authority to revoke >> a a valid and legal building permit and that's what we have here. So you just
said that um just few minutes ago that you can't use mistakes as a defense. There were so multiple violations of laws and also like issuing >> Yeah. But approvals for and codes for for the wrong address.
>> You you're mad because the guy built on the property. The town's not going to come in and do that. You you if you if you filed a lawsuit against the town, they dismiss it out of hand. >> You can't maintain an action for that. >> The town's in the right. >> You can legally build up to a foot from
that lot line, too. Or >> Well, actually, it's less than a foot. I have a picture here if you'd like to see. >> The thing is condo docks. >> It's not I I understand that. But that's not with us. They meet the setbacks under the zoning. But what I think that
we have an issue with is that when my wife went to the town to the building department in December and asked for stopping the construction at that time the garage was in the framing stage. >> Okay. >> If it was an injection if they would
have accepted to stop then it would have been a different story. Well, I don't I I don't have any knowledge of that, but I can say this that if it were under construction and in all aspects it was legal by way
of the state building code and the setbacks in the zoning, the only thing that they're going to say is you need a building permit. Sometime sometimes people build things thinking they don't need a building permit. Well, >> that wasn't the case.
>> Now, I'm not saying that's what this person did. I'm not saying that at all, but I'm saying it does happen. And if it's done in compliance with the building code and you meet your setbacks in your zoning, then the normal remedy for the town, okay, and for the the
person, excuse me, the person that's building it is for them to either submit their plans, pay the fee that's owed, and then it'll be done with proper inspections, which I presume happened, and it was allowed to be built, and it's
legal. That's what a judge is going to tell you. So, what you're asking for tonight? Because I I I I think we've heard what you're saying. >> Is anyone in disagreement with my position? >> Anyone? Anthony?
I just might add that it's uh we had one of these on South Street a while back where somebody had built up a very large shed u pretty much right up to that exclusive use line and it was a same thing was determined that nothing we could do about it that they had
potential legal recourse against uh uh >> owner. >> Yeah. >> It's not a property line >> but it's not it's not nothing that can we would >> So what we're going to do here tonight we've heard if is there anything new that you'd like to add? Yes, we consider that the building department
discriminated against us and treated us in a very unfair way. Uh it took us at least I mean the only reason there is a permit is because we kept asking for it and um it took us at least five times.
I'm sorry, 10 times. On August 22nd, I came at 11:00. They told me, "No, no, no. There is a building permit. It's online. Go and check it again." The same thing at 1. the same thing at 3:30 and you know what you are saying is that
people can con their way into this there are multiple issues with >> I tell you what I'm I'm I'm going to stop you right there okay >> um and I disagree with your characterization of our building
department I happen to know them okay now they're very good people honest hardworking people they do a good job and we're lucky to have them. Now, if you don't have anything new to add, we
are going to move along here. I'm going to ask, is there anyone in the audience that wishes to speak in favor of this petition? Seeing none, is there anyone in the audience that wishes to speak in opposition to this petition? Seeing none, Dolores, do we have anybody with
their hands raised? Uh, >> no, Mr. Chairman. >> Okay. All right. Unless you have anything new to add, we're going to close this for board discussion and we're going to take a vote. >> I think that is very unfair
>> that there are so many violations of >> I'm going to tell you I'm going to I'm going to tell you in a second what you can do. Okay, we're going to take a vote here in a minute and then I'm going to tell you what your potential remedies are. >> Okay.
Um, anyone wish to have any further discussion on this matter or make a motion? The motion would be um well, we have two. First one is to reverse the decision of the building
commissioner. Um, and I guess the decision of the building commissioner was to issue the permit. So, a motion should be made to, I would say, deny
>> uphold the decision of the building commissioner. >> Do we have a motion? Anyone prepared to make that motion? >> So moved. >> Motion made by Dick and second. Second by >> second. I'll second that. >> All right. Second. >> Sorry if I jumped on somebody.
>> Okay. Any further discussion on the motion? >> No. >> Hearing none, we're going to take a roll call. Anthony >> I. >> Barbara. >> Hi. >> John. >> Hi. >> Dick. >> Hi. >> And I'm an I. So, we voted to uphold the
decision of the building inspector. So, we're not going to reverse it. So, it was five four to uphold, zero against. He asked for it appears to also seek a revocation of the building permit and demolish demolition of the constructed
garage. Uh anyone uh well we we can take a motion on that. It's it's it's not really a zoning issue because that would be an issue for the building department. But I think upholding the decision of the building
department. But I'll tell you what, just to cover our basis, is there a motion to deny the relief sought to revoke the building permit? >> So moved. >> Do we have a second? >> Second.
>> Any discussion on it? The only thing I'd say is I don't believe it's a zoning issue. I think that's a building department issue. This is either to really uphold the decision of the building inspector to issue the permit which I believe was lawful. Um, so we
have a motion to deny that relief. >> Yes. >> Okay. Who made the motion? >> I did. >> John. Who made the second? >> Second. >> Dick. >> Okay. So, we have a motion by John to deny the revocation of the building
permit. Seconded by Dick. Any discussion hearing? None. Anthony, >> I >> Abra, >> hi >> John. >> Hi >> Dick. >> Hi. >> And I'm an I as well. That carries uh five in favor. Uh zero
uh against to deny the revocation of the building permit. Now, when the decision is written, okay, it'll be filed with the town clerk. you'll be notified.
Okay? You have 20 days to appeal our decision. If you want to appeal it, you can appeal it either to the superior court in Baronville or the land court in Boston. Before you do that, I would highly
recommend that you consult with competent legal counsel. All right? Uh, also as your per your remedies against the person that you own the condominium next to that built the
garage, there may be remedies for you there. Okay. Thank you very much. Thank you. But I have to express my opinion that >> sir, but that the hearing is all over. >> I understand. I just for you to hear. I
think that once you have regulations on the board, if they're not followed and if this goes forward, I don't think it's fair and I don't think it's according to the state of law in my opinion. >> No, sir. >> That's it's my own opinion. No, you're
not only allowed your opinion, but after within if you once that's filed with the clerk, you have 20 days to file an appeal in a court and appeal our decision if you think we're incorrect legally. So, we're I'm just telling you
what your legal rights are in case you wish to exercise them. >> Okay. >> All right. Well, thank you very much and I'm sorry we couldn't help you. Wish you the best. So it's obviously clear that some people are more equal than others and there's then the yearround residents are treated fairly especially if they
are part of the town board. No. So this is really a case where you know I mean >> they they they gave them a fee for $300. How does that compare with almost $20,000 that we spend in legal action
against the condo owners that could ma'am I gave you my recommendation over >> the hearing is over ma'am the building department address in a timely fashion
>> Mr. Mr. Chairman, there is other business on the agenda. >> Okay, we have minutes. >> Yeah, minutes. >> Yes, sir. >> Okay, let's see what we have for minutes here. Uh, can I see those minutes, please? Okay, thank you very much. >> All rightive session.
>> All right, we have the executive session minutes. >> Yes, sir. >> Do we have a motion to uh approve the executive m session minutes of September 25th, 2025? So moved. >> Second. >> Okay. Got a motion made by Nick,
seconded by John. Any discussion on the motion? Hearing none. All those in favor? >> I >> I. Any opposed? >> None. That passes unanimously. Uh we have a we have the minutes.
We have the minutes of the hearing on September 25th. Can I have a motion to approve the minutes of September 25th, 2025? >> Motion to approve the minutes. >> Have a motion made by John. We have a second. >> Second. >> Second by Barbara. Any discussion?
Hearing none. All those in favor, please signify by saying I. >> I. >> I. >> Anthony. >> I. I. >> Any opposed? Hearing none. Those are approved.
And we have the minutes of October 9th, 2025. Do we have a motion to approve those? >> So moved. >> Second. >> Second. >> Sorry. >> Okay.
>> Okay. We've got uh motion made by Dick, seconded by John to approve the minutes of October 9th, 2025. Any discussion? Hearing none. All those in favor, please signify by saying I. >> I. >> I. >> I.
>> Any opposed? Hearing none. Those are approved. Dolores. Anything else on uh >> No, Mr. Chairman. Okay. Do we have a motion to adjurnn? >> Motion to adjurnn. >> Have a second. Second. Do we need any discussion?
I >> think so. >> All those in favor?