we have anybody we have anybody on Uh no we don't need this one Recording in progress Good evening everyone Welcome to the regularly scheduled meeting of the Yama Zoning Board of Appeals Today's date is April 24th 2025 My name is Sean Iiggo I'm the
chairman of this board and we have three matters on our agenda tonight The first one is petition 5172 Gregory C Belzikian Would you like to come on up Greg Property location at 169 Route 6A Yarmathport It's in an
R40 and B1 zoning district The applicant seeks a special permit per 104.3.2 paragraph 3 and/or variance from section 203.5 Decides setback relief to raise and replace a pre-existing non-conforming barn Good evening Good
evening To identify yourselves for the record please I'm Greg Biziki and I'm the property owner Chris Weekes I'm the builder Okay Uh could you tell us a little bit about what you want to do Absolutely U I purchased um 169 Route 6A
hoping I could just do slight work to improve the property and make sure it's stable Uh I own a building own a business next door uh that needed additional parking So I was hoping to put the employees in the back and have
people live in the residence Um I learned quickly that the way the property was rented was not in keeping with the way it was zoned through the building inspector Mark Grills said that uh there should be a dwelling in the barn one dwelling in the big building
and one commercial on the lower part of the major building So I've been working toward that goal based on the conversation I had with him and I started to get into into the into the weeds of the building And that's much more rot and much more
uh uh complexity than than I originally anticipated Uh I just want to back up for one second and just say that um the we went to Old Kings Highway first and they they said that we should see the ZBA prior to an Old Kings Highway
hearing Is that correct Well it generally we don't do it that way We generally have it go through all of the boards and then at the end we uh deal with the land use and it comes to us I I do have a memo that I'll read into the record in just a second but
that's okay We can proceed this way and Okay I just want to Yeah that's okay We'll make I have some notes I just want to make sure I don't miss some points Um the original plan for the barn was we we found out that the the uh basement was
not stable from a structural engineer Uh we don't have a letter but I'll get one from him but it we he said it was not worthwhile keeping So we planned on raising the building up still getting a new foundation and putting it back in place We um we demoed the inside of the
building and found that there was very little old structure left that there was a lot of shoring done on the building and for us to make it a home would require a tremendous amount of work So we would like to based on all that demo the building Uh there's lead paint on
the outside which would be a problem to have young children in Uh there are um again structural the Chris Weekes who's a builder said there's not much uh for him to work with either So
uh and al we have a letter from catalyst the architect saying there's not much for him to design with So we've got a couple of points I'm also I just spoke to the uh historical society of Yarmouth today They're going to do a study as well and come back with some reporting as to actually how old the building is
We don't have the only thing I can find is from 1982 a building permit from a from a builder So he's going to they're going to do a little bit more research in terms of the age of the building But at the end of the day we have a design that shows the building as it is It just would be new construction We'd put a
full foundation in build new in the same location Uh we came here uh as a result of meeting with Mark who said you know we have to look at the setbacks and I think that's the subject of conversation as I'm aware Yes it is Yes You're
uh Yes You're seeking side setback relief is what you're looking for Yeah Okay Anything else you'd like to add at this time No Okay All right Uh why don't we go to the board with some questions Barbara do you have any questions for the petitioner
Um so you don't know at this point how you would situate a new building on the on the site Well uh so we I think this is this is how we're this is a discussion tonight Yeah Um you know how much how
much we can actually move it in its current spot Uh there's a coming into the property If you look at the plan it looks like there's plenty of room between the two buildings but it's pretty tight and there will be cars coming in and out Uh one of the one of the exploratory things I'm looking at is
to alleviate traffic off of 6A with some of our trucks is to see if we can use that as a loading and unloading zone because we have a lot of our neighbors complaining about um trucks parking on 6A So if we snuck a small spot there that we could unload during the day
Bowdor food delivery or FedEx takes time to train them The issue is not necessarily us providing space but training the drivers to do it But I think there's an opportunity to make things a little bit more quiet in the end But um but we would have to look at
it Chris did the very he has a very oversized map and he cut out a small piece of the building We can move it around and see where it fits I mean I'm not I'm only married my marriage to the location was to try to preserve everything in place That was my original
intention I mean I never expected this was going to become such a complicated endeavor So you know we're here to partner with I live here I mean I I'm I'm just trying to figure out what I need to do to satisfy you know these needs And if it's you know one or two
feet to the you know toward the inside one or two feet back it'll fit You know there's another opportunity to move it further back But that's you know that's something we hadn't explored But based on these kind of conversations we're just trying to figure out what the right decision is So honestly okay
that's all right Okay John And so uh currently you are how far away from the one and a half one and a half ft Uh we have we have a great relationship with the neighbor Uh we talked to Laurel about fencing because
we have a she has a nursery school there So we've got you know she had a tree on her lot that I helped her take down We There's no you know that we're here as a matter of not as a matter of neighbor neighbor from she's not unhappy She's fine supporting us in the in the project
and as we see fit Um if she needs to write a letter we can certainly get one from her Yeah No opposition No opposition No she understands we're going to excavate into her property I'm sorry She understands we're going to excavate into her property doing our foundation and such Oh I see Yeah The
overdig would require us to go over the lot line She's all right with that I'm all right with that That's all I have right now Okay Thank you Jay Um so you have light lighthouse keepers on one side of you and on the other side
is is uh North Side Nursery I went there in 1970 I was just happened to be the other day and saw all the construction going on Um so the intent right now is from what I'm hearing is you just want to basically raise and replace on the
same footprint with the same setbacks that you have today That's my intent That was the original intention That's basically what you want to do is like you know if we need to do something to to do something more proper we open to the discussion I'm not steadfast but I that was my original my original
intention And the building you're going to put there is similar to the current one It's no taller No taller no wider no longer Three sides of it is going to be exactly like it is now Yeah Um I don't have any other questions Thanks Thank you Dick
Uh I think any questions I might have had have been answered Uh I think it's a reasonable proposal provided they are get get their uh approvals from historic Okay Uh I was over there the other day
and and met with Mr Belziki and I I think one of the concerns that I had was the building being right on the lot line I mean what we generally try to do when we can if feasible is try to move it off the lot line Um Mr Belziki and I had a
couple of discussions about possibly moving it off two feet just to mitigate it a little bit and then maybe two feet back I don't want to disturb your driveway because I think that's important to maintain that Um is that something that you would be amendable to
Yeah we Chris actually printed off a larger plan and actually put one on put it on there It fits Oh okay Okay I mean that was the only concern that I had Otherwise everything looks fine But again if you've been over there he's got
that driveway that comes in Then if you if you just moved it to the left two feet I think you'd be choking off your driveway So I think if you do move in you need to move back just so that can be maintained and open So um that was the only concern I think it's important
for us to try to mitigate any setbacks that are non-conforming if we can I think in this case we probably could it as I said Chris put it right here on a plan uh for us to take a look at It looks fine here One question about if you move it if you move it I know the
septic tank is right and back Is that too close to it Currently the barn is 15 feet from the septic tank Yeah So if we push it back two and a half ft we're still within the 10 with within the 11 ft Complete the requirement Yep All right Thanks Okay
Yeah that was the only thing Well regarding the uh the old Kings Highway and why you're here first versus them uh we did receive a memo from Lisa Sherman dated April 17th Following a discussion with the building commissioner the applicant
appeared before the Old King's Highway Historic District Committee at its April 14th 2025 hearing to request a certificate of demolition for a barn located at 169 Route 6A Yarmouthport At the time of the hearing the committee was unaware of the reason why a request
for relief from the zoning board of appeals procedurally follows other town boards and committees In addition the committee wanted to assess the condition of the bond before making a decision on the application The committee voted to table the application pending a site visit
visit which has been scheduled for April 22nd 2025 The committee is expected to hold a hearing on April 28th 2025 to determine how to proceed with the application for a certificate of demolition And that's from Lisa Sherman administrator of the
Old Kings Highway Historic District And that is a memo to the zoning board of appeals Um generally we we do see them we do see you after them However uh just for their information if they're
watching we never approve anything north of Route 6 that is not conditioned on Old King's Highway approval So we always put that as a condition So if they haven't looked at it um before we look at it that would be a condition So that
would also be a condition of our approval that they approve it I just had one of the questions Go ahead Sorry Um I noticed you're doing a lot of construction on the driveway the parking area in the back And um are there trees that have been taken down all along It looks like it's much more wide open than
it was I just was Yeah when I took over the property uh the existing septic system was was mounded and uh poorly installed So uh and it was flooding my property Uh the Lighthousekeepers pantry property was getting flooded okay with
water So I I wanted to put a new three-bedroom septic system in so I knew what I would had The the septic system that was on site was actually not even on file with the board of health We asked the health inspector for the asbuilt plans so we could make sure we weren't duplicating it He was unable to
produce those asbuilt plans So we cleared more land in the back to be able to put that septic tank in Saw that Yeah So that's that's already installed It's already installed Okay So that's what's cleared in the back That's what's cleared in the back Correct There were a fair amount of trees back there also Yes Okay Between the properties though I
noticed there's some small trees on the um on the side of the bakery Um is that what is that all that was there before Uh we moved the the tall thin trees to the back of the property We're starting screening on the back and we're going to start building we're repurposing as many
trees to go in the back and we'll build we'll put in more decorative elements along the parking area as as we move forward Will there be any trees between you and the daycare center Yes Uh we have also those trees are actually at the
um landscapers now already to be installed We just have to figure out where this building is going because we were going to probably cannibalize some of that space by moving them there But we'll have tree screening along there Yeah Okay So there will be screening Yeah Yeah We've already ordered the trees It's already it's already in place
All right Thank you It's kind of the story of my life Everybody plants trees before I take a builder down Okay Anything else from the board at this time No Does anyone in the audience wish to speak in favor of this petition
If so please come to the microphone Okay All right We have someone on uh ah let's uh let's invite him in for comment
Anthony can you hear us Yeah I can hear you Good evening Good evening Could you identify yourself for the record please Sure Anthony Ponabiano 7 Minden Lane I am currently staring at the barn that we're looking at Sorry I couldn't be there in person for everyone And and
just for the record I'm here only in my individual butter capacity uh to the applicant And I'm in favor of the applicant's proposal Uh they've been great neighbors and uh you know really has an eye towards the his keeping the
historical nature and providing for the community I I don't think it derates from the intent of the bylaw and the applicant's proposal uh from my position as an abuter uh should be approved and I'm happy to support Greg in this
endeavor Thank you very much Anthony appreciate your comments Anyone else wish to speak in favor of this petition to the microphone please sir Hi Um tell us your name please John
Seager I'm in a butter of the lighthouse keeper property Um and so whatever happens um is of great interest to us Um Greg has been nothing but forthright about his
plans for the property and um and we're confident that um he will uh take take into account the desires of the neighbors Okay Thank you very much
Anyone else Anyone else see like to speak in opposition to this petition Seeing none is there anything else you'd like to add No I appreciate the board's questions
and time Thank you very much So uh we're going to close the uh hearing to public discussion and open it up for the board Anybody wish to begin a discussion or make a motion I think it's a reasonable request be given it's going to lessen the uh uh whatever
infringement there was on those setbacks So I'd be happy to make a motion to approve um contingent upon the historic district approval also Okay All right As presented with the the extra two feet back and two feet over And uh could we
just put as a condition that the petitioner will submit a uh a site plan to the board for to that effect to show that it's two feet off and two feet back An asbuilt Yeah A plan first and an asbuilt you want to propose
first Whichever which we'd like to have an asbuilt eventually but eventually of course Yeah that's what we'd like Okay That's really what we need You can you could do the as built It's fine We don't need two Okay Thank you All right Okay we have a motion uh made by Jay um
with the conditions that we receive an asbuilt that shows the building 2 feet off the lot line at 2 feet to the rear of its present location as well as uh it's subject to the approval of the old Kings Highway historic
district Anyone wish to second the motion Second Second Any further discussion on the motion All I would say is it's certainly not going to be substantially non more non-conforming than what's there now It certainly won't be any undue nuisance
hazard or congestion I do think you meet the criteria under the bylaw for the special permit All right Uh we'll take a vote All those in favor please signify by saying I I Any opposed Hearing none That carries unanimously As you may or may
not know once it's filed with the town clerk the decision there's a 20-day appeal period After that Boris will contact you You come pick up your special permit take it to the registry of deeds record it and just bring a copy back for our records Can do that You
guys will draft that draft We don't have I'm representing myself so Yeah And there's also the varian Oh we have variance Yes You don't need a variance So we would ask that you uh withdraw your request for variance without prejudice I withdraw my request for
variance without prejudice Okay So moved So have a second Second Any uh discussion Hearing none All those in favor I I Any oppose Hearing none Okay That's withdrawn without prejudice Yes Uh Dolores will give you a call We'll draft the decision for you Great And
we'll give you a call when it's ready Perfect Okay Very much All right Thank you very much Good luck Thank you Okay push that up there All right Uh the next matter is petition
5173 Michelle Jean Baptiste doing business as Cape Bloom Floral Design The property is located at 228 Route 28 West Jarmath It's in a B2 zoning district And the applicant Come on let's have a seat The applicant seeks a special Excuse me
The applicant seeks a variance from section 202.5 footnote 2 for an H1 use in a B2 zoning district to conduct the temporary and seasonal sale of plants outside a building Good evening Hello How are you
tonight Could you identify yourself for the record please Sure for Michelle Jean Baptiste Okay All right Why don't you uh tell us about what you want to do Sure I'm going to start by telling you a little bit about myself Uh my name is Michelle I was born in Lebanon overseas
Uh my dad worked for the US embassy in Beirut for many many years And as um a special gift for the great work he's done um they offered us a special immigration to come here and have better life better opportunities So we moved
here in 2005 um to Yarmouth Um we purchased a home in Yarmouth I went to um Dennis Yarmouth High School Um I grew up here I love this town I'm really happy to have an opportunity to possibly um work in Yarmouth um and have my kids
spend their summer in Yarmouth Um so when we moved here my parents got a job outside of Kmart I'm sure you everybody knows Kmart back then when they had flowers out there Um so they took care of the plants and flowers for many many years um 15 plus So growing up I was
always there with them when I wasn't in school and I was learning how to care for flowers myself and this is kind of where I found my passion Um however I went into business management um I managed a multi-million dollar company um in Boston for for a few years 10
years Um and then I got married COVID hit My parents got laid off from work and they were devastated because they loved what they did They loved working with their flowers They loved being outside Um so of course me thinking okay how do I save the situation Cuz that's kind of what we've always been trained
to do Um I decided to try to open a small um garden place for them so they can spend their time and I can help them So we opened an outdoor shop in Hyenas I don't know if any of you are familiar
with it back in 2021 on an open lot in Hyannus And it was just really for time passing and just being around people for my parents really Um we did that for three years and then I got laid off of
work in September So everything that was you know an idea something fun for my parents became very serious because now I had to turn that into a source of income for my family and my kids So I have been searching for the perfect location
to sell plants and flowers based on my management experience and based on the floral experience that we've had over the many years And I came across this lot in Yarmouth on 228 Um I did realize
that someone was trying to do the they had the same exact idea as I do last year Um however I'm not sure for what reasons they didn't move forward with their plans So here I am today hoping I
can move forward with my plans Um we did meet with Mark and we were trying to speed things up and move move forward because as you know May is a very very crucial month for our success This is where we're going to make more than 50%
of our sales in May And I know here I am it's almost May Um so I am here um asking permission to be able to conduct business while using the same plans that were approved last year for the previous
um person that was attempting to do this and try to keep everything within the approvals that you had last year to try to move forward as soon as possible Okay And so you're here tonight to seek a variance And the reason you're trying
to seek a variance so we're all on the same page is because you're required to have a building and you don't have a building on the site Correct Okay Now um Okay hold on here This is uh is this a lease This term sheet I'm looking at
right here from Kerry Commercial Yes So he's giving you a term for three months correct Okay I think I think last year um there's been a lot of people that have been trying to do some things with this particular site One of them we couldn't accommodate The gentleman who
came in last year I guess he was going to sell hydrangeas if I recall correctly Um and I don't think that was approved Oh right Well we we did allow that one Yeah we yeah we allowed him to uh we didn't
allow the go-karts Uh we did allow the sale of the hydrangeas though Um and that was for a very similar situation as as our petitioner is asking tonight Um so okay So why don't we go to the
board for some questions Uh Dick do you have questions for the petitioner I I have no problem with the with the use and the temporary use being there It's appropriate I do have some issues It's still a business use Uh there may not be
a building and that's fine with me Um but I think you know I think we should need have at least some kind of buffering in the front which I don't I'm not seeing any any idea of planting anything obviously right You're not
planning on planting anything in front Okay No And the parking that's here seems to be uh down in the back right corner of that would seem to be to be closer than the 10 ft required
um between this and your your neighbor I think you could just move a space or two over the other side or whatever Okay and that would probably work for that but I don't think it should be allowed any closer than we allow any parking lot Uh you know otherwise I good I'm
good for it But I know we've talked about you know temporary you know um shrubs that are in pots that could be be moved But I think there needs to be um some kind some kind
of buffer improvement uh even if it's temporary to the front uh the sides I think there's generally enough trees to the sides and I know there's a line of trees by the restaurant and um other side has at least some and there's plenty of course
in back So um but the front would I think need some greening up Okay Jay Um I think last year we also had some questions about hours of operation and days of the week and that type of thing Yes So we will be operating 9 to six
seven days a week if possible Okay Which is fine because that's what we did last time And then um I think it was So you're looking for three months Is it that it Just May June and July Yes July Yes Okay Um you're sure you don't need anything beyond that I think we could
probably give them August It would be okay Yeah Just to make sure make our work a little You don't have to but you know at least you'd have the right to if you want Thank you Thank you And then there was a need to have a portable toilet on site
Absolutely We have done that in the past at the other location So we'll be happy to do that Okay So those conditions would be fine with you if we did it Okay So and Dick asked the other question So that's all I had Thank you John Yeah I
don't have much in chain link fence all around Yeah Be installed Yes Now I'm happy to see something done with this lot I mean it's been a dumping ground for Well they did clean it up They did And then but they started dumping on They cleaned it I asked I asked them to
clean it up Um I asked them to remove all somebody as their private go So but anyway I don't have any issues with Thank you Baba Where are you sourcing all your plants and from Uh Connecticut Connecticut Okay
And so how often will a truck come in with those So we're going to see based on the traffic um once every two weeks I would say Yeah Unless you know it was busier as we hope Um so it' be once a week but as of right
now we have a truck on hold Um we're just waiting for all the pieces to come together um to be delivered Yes Okay And there's water and stuff on site So there's no water on site We have done this in the past where we have brought in um water tanks that will be placed
all the way in the back if that's okay and then we will put a water pump inside of that tank and then we'll water our flowers and then lock the tanks back up Okay Yeah that's all I have Okay very good Uh is there anyone in the audience
who wishes to speak in favor of this petition If so please come to the microphone Come on up ma'am Could you identify yourself please Uh Laura Eva Miranda Um I just wanted to say that I've been buying flowers from
these guys forever as long as they've been in business They're the best flowers ever They make my yard look amazing They last past the season actually And their family is incredible They go over and above to make sure somebody's happy If you go to I've seen
people come there when I'm there they actually take the time to get out of the you know get off of the chairs to make sure this is the set that you need This isn't the one that you need This is this is what you want to do This family is wellversed in every flower you can imagine The trees the bushes whatever
Matter of fact you guys if you do um let them go you got to go down there because they got the best flowers and and I say that um these guys are hardworking and I go way across town in order to get flowers from them Okay Okay So please
let them let them do it Thanks And and the lot does need improvement So I think they'd improve it beautifully Thank you Thank you Thank you Thank you Anyone else Seeing none does anyone wish to speak in opposition to this petition Seeing none is there anything
else you'd like to add You do I again I want to emphasize on the fact that May is our busiest month and I understand you know I had conversation with Mr Dolores and uh Mark and I do understand there is a process in place that we have
to follow um with the town of Yarmouth and I do respect that fully Um I am asking if there's any way we can have any type of exceptions in order for us to get started as soon as possible um to set up and begin while we wait for the
process to take its course Why don't we why don't we see if we're going to approve it and if you in fact get a positive vote maybe we could have a further discussion about that Thank you Okay All right Um we're going to close this
uh to public discussion open it up for board discussion I I think it's a good use We've approved basically it's basically the similar thing last year I would be more in supportive of this forward with the conditions that we had last year and maybe some of those pots
of plants up front to dress it up if possible Yeah if they could I mean it's only three months so I guess it's not the end of the world but Yeah Okay But Barbara your thoughts Um no All right I don't have any questions Okay John All
for it Okay Well I I I think it would fit in there good as a nice seasonally use We can clean that property up a little bit And um you certainly sound like you have a very good reputation Um I know you asked for three months So um I'm
thinking you know I I would suggest we could extend her time from May even through September I don't think there's a problem with that is there No Okay So why don't we do May 1st to September 30th Is that okay Thank you Or October 1st whichever
All right And the hours of operation will be 9 to6 Um okay So um I'd be glad to make a motion to approve the request as presented with the I guess the follow the same conditions we had last year I
can repeat those if you want Well I think the only conditions we had for her were 9 to 6 and uh Sep through September and then September May 1st to September the portable toilet on site and the portable toilet on site Yes If you could do that in the in the rear there that's fine Okay Is there any other structure
that you have to get out of the rain or the sun You could put So we basically follow the sun once we're on the law and this is how we position where our plants will be placed Um so some plants will require morning sun some plants will require afternoon sun And this is kind
of how we place our layout on the tables Okay What I mean for your protection Oh for our protection Um in the past we have put like a temporary tent um on a different lot If we could do that I would be happy to do
that I just don't want to delay the process in any way How big is the tent Um it's 10 by 10 by 20 10 by 20 I would say Anybody got a problem in that I don't No it's temporary Yeah Okay Just a
way for you to get out of the elements too Out of the sun Okay Thank you Yeah All right Okay Um any other discussion So we had a motion made by Jay Do we have a second on that motion I'll second Okay Barbara second Okay Any further discussion
Hearing none All those in favor please say I I Any opposed Hearing none That carries unanimously Now once the decision is written it'll be clocked with the town clerk 20 days must elapse That's a technical appeal period After
that she will contact you have you get your special permit You should take it over to the registry of deeds and record it Excuse me your variance Yes Uh and bring back a copy to us
Now I don't know that anybody is going to appeal Okay this I can't tell you what or what not to do If you have rights to the property right now and you want to set up shop you will do so at your own peril if someone appeals the
decision So that's your call We can't tell you one way or the other We'll try to get this decision written for you as quickly as we can We'll get it clocked and and get you in going here Okay Okay So just to make sure I understand this correctly um if we do have the right for
the property right now we could get started Well we can't tell you that she can do that Okay But if you want to go over there and uh with the belief that no one's going to appeal your decision then change you can no one's going to go
over there and stop you from doing that Okay Thank you Okay All right I think you're all okay Any other questions Thank you so much Okay Best of luck Good luck for a good season And I hope to see all of you there Bloom I'm sorry Cape Bloom Thank you
Thank you so much Have a great night Good luck You too Thank you Thank you everybody Okay Did I just do with my Oh here's my agenda Okay The final petition is petition 5174 Mary Jane Yemens property location
at 40 Lena Road West Jarmath It's in an R25 zoning district It seeks a special permit for 104.3.2 to sub paragraph 2 and/or a variance from section 203.5 to increase
the height of a non-conforming structure to construct a second floor addition roof deck Could you identify yourselves please Stanley Crawford contractor Mary Jane Yman's contractor Okay And uh I believe we have a letter in our file
here that authorizes you to speak on behalf of the uh owners Yes Okay Uh go ahead and uh tell us what's going on here Well I was over there Um are you familiar with the property Yes Yes I am How are you
familiar with the property Um I've been over through the job with Stanley Have you been inside the house Yes Okay I see there's a stop work order on the house Can you tell me about that I understand that the previous contractor abandoned the job I'm not familiar with the
previous contractor Who was the previous contractor I do not Mike's powerhouse crew Who Mike's powerhouse crew That's my brother He didn't pull a permit He didn't pull it Well we know that That's why I got shut down Yeah Okay Just abandoned So now
we're trying to help her out and finish the project for her She's actually been a um customer of my family's business for over 20 years And I want to do right by her And what's your family business Contracting You're contracting Okay
Third generation So you know that you need a building permit before you start a project I know that My brother knows better also but I can't speak for him Well before we get started here I got a couple of questions here about this plan
Okay Whose plan is this Was that strong tree engineering Yeah Is that your plan the owners It's the owner's plan right Okay
Um I don't see any dimensions for the deck to the lot line I'd like to know what those are Um what's inside the shed Bicycles lawn furniture stuff like that There's a deck outside there Is there
any living quarters in there Oh no No Okay Okay And uh I noticed there was it looks like was there now I noticed the downstairs there's a seller a partial
seller and on the property card it says unfinished No that's finished Long I've been around Well how long you've been around It's 2015 I think it was Okay Well I'm just looking at the property card But I don't
Is there any I don't notice any building permits for that lower unit It's It was finished when I got there I have no idea Okay Do you know what's down there It's just big open space Walls Big open
space Looks like there's a kitchen I was looking in the window yesterday No there's no there's kitchen cabinets in there Little coffee bar I think I think they liquor in that cabinet right there That's it Coffee bar Okay Has the building department been inside the house I don't know Yeah he was pretty
sure I think we're going to probably need a uh an inspection of that property Um I know he came in the day he put the sticker on Well he put that on the outside right Right Yeah Okay So do you know when the deck
was built The outside deck That big deck on the back We didn't do that That was maybe three years ago Who did that I have no idea There was somebody that was cheaper
So there was no permit for that either Don't know because that actually looks like it's within 15 ft of the sideline Yeah No it it definitely is So that one does look like that's not legal either One there
before the guy did it It was old pressuret treated Mhm So I'm not sure if he made it any bigger It was up the side and around the back We can we can find out from Maryland
Okay Well I I think what I would like to see is I'd like to see an inspection by the building department Okay And I would like to see uh this plan be a little bit more detailed as to how far that deck is away from that lot
line the measurement for that right here No they've got these overall but not the actual right here 18.9 ft with the house but not this right here Deck look like it's at least halfway there Yeah Yeah I see I think it comes on the side of the
house And uh sketches put it on there He just did this drawing And and so this this drawing here too I I think we're going to need some additional plans for this This is not sufficient We're going to want to know
what's actually going to be up there It's going to be an art studio and an office Okay But closets are wide open There's nothing else How many bathrooms are in the house right now which it shows on the left side of the
print and it's just a wide open room Where are the bathrooms located in the house One on the second floor One on the main floor And is that it One on the main floor and one on the second floor So the art studio has a bed has a bathroom up there too top of the stairs
to the right there's a master bath and then the master bedroom is off to the left on the second floor or the first floor Second Yes And it's the landing area that they want to put the art studio in at the top of the stairs When they came up the stairs there was
actually a smaller room there that was probably 10 by 8 and basically taking that wall pushing it out to the end of the building What you can see is the roof line the existing roof line where the start where the slider is So they're pushing it from there out So when you went up the stairs
was a small room the bathroom master to the left right What's your And so how many total bedrooms are going to be in the house after it's done Three That hasn't changed right No no bedroom changing So are you just increasing the size Are
you Yeah basically that dorm is just being pushed out This is listed as a one-story house How is it that you have bedrooms on the second floor right now Isn't it listed as one and a half story I'm just I'm looking at your property card here Oh
that whole street is the same way No idea Well I'm not interested in the whole street I'm only interested in this particular address right now Okay Well um I'm going to turn it over to the board and see if they have some questions but I I think some of the
concerns that I have is I I think we're probably going to have to uh have you come back with some more information But why don't we uh why don't we go to the board here Dick do you have some questions No I have some Yeah I understand what they're trying to
do And I Yeah the house sits way too close to Priscilla Road which is actually what it's different name right Alan they changed the name of the street too Um did they change the name of it I think
that's uh I don't know if they did The same street Yeah that's a I know Steve was I think I think I knew that had been changed at one point Yeah Uh I'm not sure I'm thrilled with
the looks of the addition in terms of the aesthetics from the right elevation there Um you know in person it probably wouldn't be too bad but from that direction it certainly doesn't look What
would you like to see to me What would you like to see differently Well I'm not sure I think just because it kind of pops up like an oversized dormer Mhm Um from that elevation it just mullions
in the windows Looks odd to me Would you like mullions to make it look It's not even tied into the ridge It's sitting back Yeah I think if it was tied into the ridge that would make a big difference Yeah Um extend it out Want it to go to
meet the ridge extend it out two as far as the ridge I think would look better Yeah Okay I think you're right Excuse me And then uh maybe one regular Mullion window towards the front um might look better than the three little
windows but I I don't really care Y that's where he was setting up his panning Gotcha Uhhuh Um I don't know how it ever got built that close to the street to begin with There were no other board of appeals
um thing showing on this pro property Not we got one back in 1972 Oh my gosh Did I miss that What was that for Um addition to existing house which does
not meet the setback requirements And it says here that noted when the addition when completed according to the sketching plan filed with the board would be 8 ft from Andrina Road In the event the board feels that the proposed addition is a substantial
variance from the zoning bylaw being a substantial degragation from the intent and purpose of the bylaw public good would be adversely affected by granting the request Therefore the appeal is denied That was uh that was a long time ago
Yeah Um but that was I guess before your your friend's ownership Is this just a request for an addition to what was already there That's what it
sounded like Yeah Yeah Basically extending the six feet Yeah The edge of the house I mean the other thing is too this picture on the on the card doesn't look like it shows any deck or anything or anything or any second floor No it
doesn't So if you're down there it looks a lot different Yeah This is the one place I didn't get a chance to drive by So you might have a a chance to because I think this matter is going to have to be at least I have some questions and that I need answered I
think we I think we definitely need a an inspection by the building department uh and a report back from them as to what's inside the house especially the lower level whether that's got cooking facilities living facilities down there because it
shows unfinished And then an inspection upstairs What's going to be up there He's been there hasn't he Upstairs Yeah Yes So he has been in the upstairs to look at that with Stanley
Well we're going to I think we're going to need to have some type of report generated for so we can make and also I think we're going to need a little more definitive floor plan here Okay we need the proposed addition on on here too
Well we on at least on the site plan here we're going to need to know how far that deck is away from It's not actually it's a it looks like a rear lot line but it's actually a side lot line because you have two fronts and two sides when you're on the corner lot But where you
above your neighbor there from that deck we need to know how far that deck is away from the lot line Okay Anybody else have any comments or concerns So I just want to
um go through again You want to have an inspection of the basement You want to have an inspection of the second floor and you want to have a more detailed plan floor plan And you would like to have the um
we need that site plan uh updated to show the distance between the deck plan Okay And you want the design change for the ridge to come all the way out to meet the center Okay Right now it looks like that roof
for the uh addition is going to be above the right the top of the It is It is right now Yeah Yeah It's It's getting raised that back to meet the roof Well the right way to do it is to raise the front of the roof and bring it up and
and meet it but I don't know that they want to do that You're talking about a whole new roof Second I don't know how much headroom is up there right now Yeah it's quite a bad Well if you got that addition on there in the back I'm sure there's headroom But if you didn't have
that walking towards the front of the house there really couldn't be I wouldn't think 16 ft maybe You know before you your head on the sides Oh you mean dormant Yeah I guess this show is I don't that
pitch is right I think I think it's kind of small We're going to need full schematics of the house because it does the house isn't matching the card So it's like what what's really there today and what are you planning on changing Right Yeah I I would recommend that the that
everybody get down and take a look at it It's It's interesting Yeah I did see it So I'm confused as to what you what you going to leave the addition as is Is that what you are proposing Or are you going to It's there Yeah Now yeah Yeah
Yeah Pretty much Okay And just finish So you're just going to finish it off with this other guy And there's a deck that's going to be on the back there on the second floor roof on the second floor roof Done yet So the footprint of the property is not changing It's not becoming increasingly more
non-conforming in any way It's just going up by two feet because of the bridge and to make it the art studio Um so this actual portion is not impacting the nonconformity but you obviously have
other concerns about the property Okay Anybody else have any questions or comments Yeah I think my major concern is how much work has been done without building looking at it being aware of what's been done already Well there's been there's been the big deck Do you know when that was constructed There's a
few years ago I'm not exactly sure I maybe you should ask for that too I'll ask the owner when it was done I don't really know I don't know Um how long is it going to take you to
to put that together Um as far as this this plan what do you think you can get him to turn that around in a week Yeah Okay Reddar it And as far as this goes it might take a little bit longer Week or two Yeah For the updated because
he'll want to come back out and do that measurement himself And then you guys are going to do the inspection of the basement and the second floor He's got to put the floor plan on here and and change this up You just want to have him draw the ridge to the sun Now
you want more detail on the floor plan right We want to We want a detailed floor plan What's going to be on that second floor including any bedrooms We want to know the distances We want to We want to plan like you're going to use it to build the Okay build it Yeah Complete
one Like to see your window package what you're doing there And uh let's see if we can't do is there change this up Someone's going to have to give the building department access to the house Who can do that You Yeah either one of us Okay All right We have a We got a good
contact number for them Dolores Sir I believe so Yes she has mine Okay And we'll do that And like I said if you could ask the building department to give us a written report what they found inside and our concerns with the lower level as
to what's down there Okay Do you want us to just um upload it and submit it electronically How would you like us to present it back to you You can email it right over to Dolores That's fine Okay
great What do we have for uh dates May No May's too close So we don't know if the building department can do it then May 22nd All right It's going to happen Yeah If
we'll give you May 22nd we can do that Everybody good with May 22nd Sure Sure All right All right Sean I'm just wondering if they should also ask for relief on the deck depending on when that was buil
Well if you're thinking I need it I might want to amend my application to include it because it sounds as though it might be a problem going forward for any work that needs to be done on the property Well that's not what you're asking for So no it's not But I will say
that it's a concern of mine because there's no permit for that and clearly looks like it's I'm not sure on that property whether he just took the boards off and put new tracks on or retained the whole thing because there was a deck there Let me cuz it's like buried in the
ground The picture on the card doesn't show a deck right Don't right No not not the one that wraps around that little pop out So that's why I'm confused The sketch does though right
Yeah that does But it doesn't what it doesn't show is uh [Music] well I it's only 5T out Looks the current came looks more than Well I was over there in the backyard I
I noticed that the neighbor on the other side has a fairly sizable deck themselves So I don't know if that's something that's in the neighborhood or not I mean I right now am more concerned with the actual what's going on with the house than I am with the deck Is does
anyone have a real problem with this deck right now I think it's important that we know where it is Yeah we'll get that on the It's It's really not part of their request for relief So is that kind of a make or break with anybody
Yeah I guess not No no no Okay then why don't why don't we just stick with the relief that you're requesting right now We're going to leave that deck out Yeah Yeah Let's Let's just You don't know You didn't have anything to do with it It wasn't part of
this whole thing Not that I can see anyway And like I said I saw a deck right next to you next door with your neighbor Well not your neighbor but your friend's neighbors And it looked like a very similar deck like your deck wasn't brand new There kind of it looks like somebody was
working in the neighborhood Yeah So we'll just uh let that alone for now Okay All right So we're going to So request for continuance We're going to need you to sign an extension if you would So do we have a motion to continue
the matter until May 22nd So move second Any discussion on the motion Hearing none All those in favor please signify by saying I I Any oppose That carries unanimously We'll see you back here on May 22nd if you can
just uh get us that stuff and uh we'll have one of the inspectors go over and and do a walk through and generate a report for us All right Very good Thank you very much Okay And now we have minutes to approve
Okay And do we need to take any action tonight to um Nothing Do we What did I do with uh what I had in front of me before You're attached to the uh Yeah
Let me take a look see here for a minute I need to do about that This is what you're looking for [Music] I'm notorious for misplacing things Yeah stable to mine What's your joke about
Okay Yes What we're going to do is we are going to update the vote on the 410 April 10th Um I
was remote so technically we should take a roll call vote even though we're on camera so it probably doesn't matter but uh we're just going to do a roll call vote on this We've already voted on it Um is everybody got this sheet in front of them I'm looking for it I need more
I took yours No I I have your No there you go John do you have one Dick Yeah I got it I've got I've got two Second page Okay All we're going to do is just uh
reaffirm our votes by roll call Agenda Where's the agenda The new agenda or the old agenda Okay here we go Yeah Okay So what I'm going to do is just read off the
petition Uh you everybody knows how they voted but we're going to do by way of roll call Okay Mhm So on petition 5169 which was Spinners in South Yamouth LLC Parkers River Resort motion was made by Mr Frey seconded by Mr Mananton to approve the
special permit for one year and subject to the same conditions of previous decision for seasonal employee housing We're going to take a roll call vote Mr Martin uh I Mr Fre I Mr Manon I Miss Murphy I
And I'm an I That carries unanimous on petition 5170 be Olam child care That property was located at 785 Route 28 unit 9 South Yarmouth A motion was made by Mr Martin seconded by Mr
Frey to approve the special permit Going to take a roll call vote Mr Martin I Mr Martin was a nay Oh I'm sorry Nay I should look at what I'm doing read along with us Mr Frapery nay Mr Manon
nay Nay Mrs Murphy nay And I'm a nay Okay The motion was zero in favor five against The special permit was denied A motion was made by Mr Martin second by Mr Frapery to deny the
variance Roll call vote Mr Martin This one's an I Mr Freight I Mr Manon I Miss Murphy I and I'm an I That was 50 in favor to deny the variance The variance
was denied Petition 5171 John Frederick Tally trustee of the John Frederick Tallly living trust 23 Iraquoy Boulevard A motion was uh the was applicant seeks a special permit to overturn the decision of the building inspector
Retail lobster sale of uh lobster at the residence is not protected as pre-existing or permissible use Uh motion was made by Mr Freyri and seconded by Mr Manon to deny the petition based on it being a repetitive petition that is less than two years
old Mr Martin how'd you vote I Mr Fre I Mr Manton I Miss Murphy I and I'm an I The motion was five to zero in favor to deny the petition The petition was
denied Okay A meeting minutes from March 27th 2025 A motion was made by Mr Frey seconded by Mr Martin to approve the meeting minutes from March 27th 2025 Mr Martin how'd you vote I Mr Fra I Mr
Banton Hi Miss Murphy I and I'm an I Motion was 50 in favor to approve the minutes Minutes are approved That's all we have Motion to adjurnn Anyone Motion to adjurnn Second Second
Mr Martin how do you vote I just checking All those in favor please say I I Any oppose No Okay All right We are adjourned