good evening welcome to the regular schedule meeting of the Yama Zone Board of Appeals today's date is March 27th 2025 we have four matters on our petition this on our agenda this evening the first one is petition 5165 benedict
and Christina Seymour are they here property location is 81 come right do you have Do you have a microphone somebody stole my mic wasn't far away a technical
glitch okay as I said we have four matters on our agenda the first matter is uh petition 5165 Benedict and Christina Seymour property location at 81 Blue Rock Road South Yarmouth it's in an R4
zoning district an APD in a zone two the applicant seeks a special permit per 202.5 footnote 5 to construct a barn for storage of more than three vehicles good evening good evening chairman Ford could you identify yourself for the record please uh my name is Ben Seymour
Benedict Seymour i live over at 81 Blue Rock Road South Yarmouth okay looking to put a barn on our property uh when we bought the property eight years ago I fig I saw that spot and I was like that's going to one day that's going to look good
um and uh I know it's I know under the footnote because of the size of the building they say that it's for three cars or more but it's not just cars it's also boats um my daughter and I we have a small armada of uh small sailboats and it' be a lot it'd be nice to be able to
work on them inside okay then outside but um so yes sir that's why I'm here are they all the same sailboat or they different sailboats uh there's two Force Fives which are similar to a Laser and then we have a Cape Dory it's like a
rowboat sailboat type thing mhm um and then we have a larger um excuse me a larger OD 23 ft liverboard um so in the design of the bar of the barn that's what the carport overhang was for was so
we could put the uh the sailboat underneath the o underneath the overhang okay got out of the weather all right all righty anything else you'd like to add at this time um nothing that I know of this is all new to me sir so Okay
well what we're going to do right now is uh we're going to go to the board for some questions okay mr martin any questions uh uh does the house have an attached garage the house does have an attached garage and that's why one or two uh it's a twocar
um it has one that's what brings you into the Yes sir yeah it has one one bay door and that's where one you know one person said "Oh it's a three bay garage." And another person said "Three car garage." And I'm like "Well my own my my garage only has one door so that's that's one bay." But that that's when I
was informed of it's the it's the side like every 10 by 20 considered a a spot okay um let's see your neighbor to the east I guess uh east do you know if
they're opposed to this or uh my neighbor to the direct east i believe that's Bob um he has the small little property i sat down with him i showed him the plans and everything and um the the barn is currently staked out in the backyard right now so everybody in the
neighborhood's been able to go over and see it and um Okay the reason why I'm trying to put it where it is is so it stays out of his view because essentially my backyard is his front yard so when he looks out his front window I didn't want him looking at this
building okay um I have nothing else at this time okay jay do you have any questions um just a couple is is this is the placement of this you have the sailboat right now sitting in the yard right correct is
that where the barn would be is where that is correct and actually uh with the 20 foot setback um the sailboat would be bas if you're looking at the satellite picture right now of it no I just took a picture okay um so there's where the sailboat is right now basically the
sailboat is going to move forward just a little bit to be under the proposed overhang yes in within within let's say 10 feet you know that's about where it's going to be so it is it's in the yard a little bit versus too close to the house on the
right hand side correct where it would be correct and I noticed there's another I think your neighbor on the other side the back side yes um there is that their garage which is right over the fence correct that's uh that's his barn that he put up maybe about four or five years
ago i couldn't see what it was i just saw Yes all the setbacks are good with building it's really just a question of the fact that it's a storage device storage was extra are you going to keep three cars in in the more than three cars around or
is it just my mostly for the boats um well I have a race car which is it's be nice i I outgrew my father's shop so I have my race car sits in the garage that is attached to the house right now but
if I need to work on it I got to load it up on the trailer bring it to my father's shop on you know so on and so forth so there would be there would be the race car that's in it and my off-road Jeep so there would probably be two vehicles in there in this entire
place and how many totally on the property then would it be four or would it be two of three type there's there's four cars on the property there's the my Suburban my wife's Jeep the race car and then the off-road Jeep
that's all I have thank you john do you have any questions uh just a couple the the work area is to work on the cars and that sort of thing right you say hobby what What do you mean by that uh so on the first floor and that's the other reason why you know when the size of the building and everybody's
like oh you're going to be able to put six cars in there but if you um I believe I submitted a first floor plan ultimately that's what I would I would love to have the first floor look alike so the workspace I would refer I call that a
clean room um so with my race car I have All Machine or Reeds Automotive they do my heavy machine work but I do the final assembly so that workshop clean room is a place where you can close the doors it's not dusty you can take the time
measure out the things that you need to do put it back together so on and so forth and not worry about you know somebody opening up the door to the barn and then having everything covered so that that's what that workshop is got it so um you know there's there's no plans
to run a business or anything oh no no no no i don't have No I don't have a business if I needed to work if I like And where's the driveway it just leading right up behind the house um so the driveway Yeah that was my question north
Main Street go straight across the road the driveway comes from Yeah my driveway comes in from right here oh from this corner from this corner it comes in Oh okay comes all the way into the garage which is right here there's a
stone a pre-existing stone uh parking area that comes off the driveway and that eventually leads right back to where the sailboat is right now I got it all right thank you that's all I got yeah i I wasn't looking to put
like another driveway or another entrance or anything right right right right barbara do you have any questions um that was that was my question i was wondering how the how the driveways went i I think I have a satellite picture of of it with the driveway if you would
like no that's okay that that was was wondering if you know where you were going to put something extra into there for trying to do the the least minimal damage you know disruption to everything and just All right now the race car is
that do you trailer that off yes when you when you take it to races correct yes okay what is it uh the the car itself is a 1987 Buick Grand National um I race it up at the New England Dragway okay it's broken right now it's been
sitting for the last two years but it's as the announcer says you are only as fast as your weakest link and my weakest link currently is the rear axle so um but yes correct it's not something that we drive on the road or anything yeah no my brother races cars so I was just
clarifying that okay thank you that's all okay you're welcome okay uh I don't have any questions i'm pretty familiar with your property i go by there occasionally when I'm out for a little run um you got a pretty big lot
over there and I think you have ample room between your neighbors uh I don't have anything else um is there anyone in the audience that wishes to speak in favor of this petition if so please come to the microphone is there anyone who wishes to speak in opposition to this petition
please come to the microphone hearing none uh is there anything else you'd like to add at this time um so I'm this is all new for me and everything and this isn't like I'm not like oh I'm going to get this done in 90 days it this might be a
couple years down the road so the special permit would last for two years if we grant it so okay so that Sorry so that so I would have barring whatever decision um yay or nay if it is yay then I have two years to get moving
okay yeah you're supposed to I think the technical language is substantially completed but we don't hold your feet to the fire we only if it just lapses and you do nothing then you might have to come back if you begin i'm not I'm not looking to drag my feet on it but it's also not something that's going to
happen no we we understand that okay sure all right this was the first big step it's been you know getting the getting the site hit and you know all that stuff so Okay all right um anything else from the board i'm going to close
the matter to the public open it up for discussion or is anybody prepared to make a motion there's a couple things I just wondered i wondered if you know there should be a couple conditions one about no living arrangements in it or certainly second floor type thing well
he's not making a representation to that um is the second floor if there was if there was to be so I still haven't I still haven't determined what building I know what the building is going to look like whether it's going to be stick
built or you know whatever i still haven't made that determination if I could have if there was a place for storage or on the second floor like that hasn't been decided is that something that needs to be decided now or no we as far as as far as living space I'm definitely not going to have there's no
uh there's no water or sewage or anything that's going to be out there it's livable space or something like that we wouldn't want to be able Okay you tell me how you tell me how the condition would be there be no habitation of the space okay
now are you I mean I certainly don't have a problem with it this work area right here you're gonna run water out there so you can clean your tools and all that uh I probably wouldn't run water um they have a um there's a you can buy this
um you can buy this cleaner that you recycle with the antifreeze yep um you know you just use that um some guys like to have water just for their workshops to clean up but that's fine i have I have thought of the idea of um collecting the water running you know
in a 55gallon drum and then a pump whatever but that's you know that's again that's still down the road that type of decision but one other thing I mean sir it looks like you you're showing some stairs here that work area is on the first it's on the basement the regular floor the main floor yes sir so
over the last eight years that I've worked on looking to get a uh looking to get a building I have four four or five sets of drawings one set of drawings have a second floor above that work area which would which is just storage
space um but when they asked me to submit something for the first floor to show the workspace that is why that's why that is submitted and again I haven't made the decision as to stairs aren't really for the work area correct those stairs would be there if there was
a second floor for storage space and all you know it all comes down to I guess any other question I guess I had is you know is there a limit if we do um approve this he's talking four cars we usually have three um well I think he's
what he's looking for here is he's he's told us what he's going to put in there and boats and everything i think we're I mean I'm okay with the boats and the storage i just wondered about four cars to four i I I don't really have a
problem with four cars is that all you need in there that's all that Yeah it would be okay we'll limit it to four cars if you need more cars in there you can always come back and ask us if you think you you need it okay it's not that we would say no we're just controlling it a little bit i understand yeah yeah
you've got obviously have an ample piece of property there to Right yeah a lot of times the garage not looking at making it into a junkyard or anything like that it's all right okay you know I think we're good anybody prepared to make a motion i'd be happy to make a motion to
approve the I guess it's a special permit yep special permit um with the conditions to limit it to four cars and um No habitable habitable space above the above the unit
for the four cars are in the barn uh no four four cars on the property total yes no no not on the property inside the building inside what he's asking for you can't limit four cars on the property what it says is three that's four it's
for Okay so storage for the for the size of the building yeah so it's four cars inside the new building yeah right okay okay so that and no and no habit the building not to be habitable correct correct yes no one to habit
havocated there we go all right anything else do we have a second to that motion have a second any discussion hearing none all those in favor please signify by saying I i any opposed hearing none
uh that carries unanimously yes sir the once the decision is drafted it will be clocked with the town clerk 20 days must elapsed that's an appeal period in case somebody want to appeal it okay after that um you can contact Dolores so she'll contact you you can come pick up
your special permit you need to take it over to the registry of deeds and record it and then bring a copy back for our records yes sir okay all right all right good luck thank you okay moving right along uh the next petition is petition
5166 Khalil and Elham Naung uh 46 Chandler Grey Road West Jarmath Mass it's in an R40 zoning district APD in zone 2 the applicant seeks a special permit per 104.3.2
to subsection 2 and/or a variance from section 203.5 for side and rear setback relief to reconstruct a pre-existing non-conforming 12x 22 shed the applicant requests a waiver from the requirement
for a certified site plot plan less than two years old good evening good evening um okay i'm J Mus i'm the contractor that actually doing the work you're the contractor yes the owner is behind me
one of the neighbors okay but I'm the one that filed the paperwork all right now uh I got a couple questions here when you say reconstruct a 12x 22 shed correct are you representing to this board that there was a previous 12x 22
shed on the property yes sir well I got a question about that because I'm looking at this plot plan right here and these are drawn to scale and that shed right there doesn't look like it's 12 by 22 okay i also presented
you with bunch of uh pictures and it shows the previous shed on it okay and that was originally That one's this one right here yes sir yeah okay that was the Doesn't
look like it's 12x 22 the original plan wasn't to construct a new one we moved it over and we was going to put a pad on it concrete pad and push it back in place so it was the pad was done for that same size and it's been sitting
there for years and when I tried to pull it back just fell apart you poured the pad i did when did you pour the pad at the same time we were doing work on the house when was that um we are in Christmas when around
Christmas yeah around Thanksgiving right before Thanksgiving cuz the original plan wasn't We That's why we just moved it we didn't demolish the p the uh dump the uh shed we moved it over we put the pad we were trying to pull it back in place and
it was like just rotted to hell it was It was gone so we demolished it and put a new one instead what do you have for a floor inside there i was in there today concrete so you don't have a floor in
there okay no concrete floor just for storage and like I said no I I know i know it was like I said we didn't demolish it and build a new one we just moved it to the side it was just impossible to put it to drag it back in
place was all rotted was all on the was sitting on dirt before okay all right anything else you'd like to add at this time no we applied for the permit for the building permit for this after you built it correct right
you generally do that before you build it right well we were impress we had a permit for the house we were doing that i understand that but that that's not works i mean I was over there today i mean you know generally sheds aren't poured on top of concrete pads that's permanent
unless you're properly set back you got that jammed in the corner and you've got a building over there that you need a variance for we can't even grant you a special permit for that so uh why don't why don't we go to some
questions here barbara do you have any questions for the petitioner at this time um the shed that's replacing how how large was the shed that was there before was the same exact size it was the same exact size yes the concrete pad that we
did was for that pad for that shed to go back in there all right so you've got room back there you could move it no no because there's a septic system the septic system there's a septic and a leeching area
it's right adjacent to it if you look at the picture the the vent for the septic tank uh system is right there that's that was one of the reasons the board of health know you you poured a concrete pad next to your septic system
i'm away from the septic oh I know that you're supposed to be I think 15 ft away well yes technically 10 but I am I am I'm more than that if you look at the legion area I'm more than that that's what it was before
okay no other questions at this point john anything i mean I mean were you aware that the the previous shed didn't meet zoning requirements no no not really no the
only the the whole objective was just to put a clean area so not sitting on the ground there was a lot of animals going inside like I said again we moved it over we put the pad then we were going to push it back in place i guess my question is you know why did you stick
it right in the same spot um cuz we were going to push this back on it and the on the side of it is all the leeching area so I don't want to go over the leeching area even way of the to the other side of the lot yeah there's a leeching area there
and was not intended to be taken apart that's why we didn't like demolish it then build a new one in there right okay that's that's all I got right now okay Jay
so so what what is this shed is it like one or two feet off the line property no more than that it's about uh 4T on one side and almost two and a half on the other it it should shown it's shown on the plan
there's no there's no dimensions you don't have a uh it's four feet on one side from the back how far four feet from the back and I think it's 2 and 1/2 from the side and it's 12 by 22 yes doesn't look that
way but yeah the This is the way it is right now the engineer submitted the plan and it does show the measurements on it we have We have a site plan no that's No not that one that one let's see what
we got in here somewhere no shed on that one no measurements on it on this one right here there's nothing yeah they should on oh I submitted with the shed on it
i didn't okay all right maybe I'm mistaken then i don't I don't see anything that says how far back If you look at the picture it looks like it's about a foot off the property oh there's one it says for note note for ZBA site layout was dated May 2nd 2024
but does not include shed well shed i Yeah I don't Well from the picture it certainly doesn't look like six feet and six feet is a requirement no not six feet four feet sir i know that but I'm just saying six feet is a requirement oh yeah more than that it's
over 150 square feet yeah the other issue is it's over the 150 square feet that that we can approve just a shed so it's like got two things that so it so it should be having
Yeah you actually need with this size you need to be 20 feet off the uh it's a regular structure so you have to treat it like a you know like like the house unless you keep it under 150 square feet right then you can be six
then you can be six so and you're sitting right now it looks like at one maybe two so I mean I don't have any questions i just don't see how this can be anything but a variance or whatever no it's it's definitely a variance okay i'm seeing
the lot in the rear the far right corner might have space that that that piece of property in the back is looks like it's landlocked doesn't it Dick can you see that on this one there's a bunch of panhandle lots there you see this right here this this sketch right here
yeah I did where did it go this is the one we're looking at right here this right hand corner my I guess my point is this it's a bigger kind of like a doublesized lot but there's no road that access looks like there might be a access there's a house there's a flag
before you get to this house is that a right away that they have down that one little Yeah there's two big lots in back there that were Oh I see how you get there okay access to a double flag he We have He's the owner of the back lot I believe
well he might not always be the owner of the back lot that's That's right now it's not a problem i'm sure he doesn't care right yeah okay i don't have any more questions okay dick do you have any uh questions just the same concerns it's it's definitely a
variance and um you know these are big lots acre lots and uh to scrunch a new building back there and try and fit it between the septic system and only four
four to six feet from the lot lines when 20 feet is required i I'm not really comfortable with I I think a bigger shed could have fit uh like on the other side of the backyard and meet all requirements uh in that neck of the
woods that's just not the right spot for it but sir that like I said originally that was the original shed that was there for that was there illegally too yeah been over 30 years
um bought the house in 1999 it was there why can't you move the shed to where if you got to be 20 ft if we're going to be 20 ft from the property line you're going to be in the middle of the lot and again again I'm not I'm looking
at your lot i was over there today i could find a few places to put it 20t away from the fence you could turn it too turn it this way instead of having it run this
way i mean you got a big lot over there i mean all you got to do is go inside and cross brace and come over there with a forklift and pick it up cuz you have no floor i'd brace it off pretty good so it doesn't rack then just pick it up and go and drop it in a new spot yep
i mean you're a builder right i moved it the first time well no you constructed it right well we moved the old one who built it i did okay well you're a builder right correct well did did the building department
site you on this or no why are you here no no they would no they did not okay so you're up here because you realize you needed Oh he really Yeah he said I talked to them and they said if you go through the uh apply for the permit you did talk and
he said you needed to come to us oh yes yes yes they have a permit we have did apply for a permit there he didn't deny me the permit but he won't come to you until we sign off exactly exactly
but they didn't have Okay um well I have a letter here from Matthew and Katherine Sabat they live in Chapi um as homeowners of 45 Chandler Gay Road
and in a butter to of 46 although I think they're across the street we hereby support the petition 5166 for a special permitvariance needed by Khalil and Ellen is it Naom is that right no no yes okay
[Music] um this is just internal stuff from West oh that's that's you representing Khalil okay right he gives you permission to speak go ahead okay all
right um well I think the issue that we have here is you've got a structure that exceeds um 150 square ft if it was 150 or less
then you would need to be six feet off your sidelines you exceed that 150 square f feet then you have to meet the actual sidelines for a structure on the property in this case you should be 20 ft off
now if you were 150 or less uh you know we have a tendency to grant relief okay um but this is pretty goodiz building and you've got a poured concrete pad in
the back and one thing about sheds most of them don't have concrete pads they're on blocks you can you can move them they're portable if you have to this here is a more permanent structure that's not designed to move ever so I
mean you've got a foundation back there slab not a slab but it's it's represented as a foundation for the for the building so um couple things i mean first of all wherever you're going
to put it we'd have to know where it is so the engineers going to have to go out and tell us where it is um what I'm going to do right now is I'm going to pull the board see where everybody's at right now dick your
thoughts uh yeah i just think it's too big a too big a building too close to two lot lines and uh especially in a situation where the lot should be able to accommodate the structure elsewhere okay
so would I would it be fair to say that you would not be in support of this as it is that would be Jake your thoughts i feel the same as Dick and and also the fact that it needs a a variance you know there's no nothing about the lot that I
think it's usually the land that has to dictate a variance and I don't really see anything about this square lot it's a big square flatler lot yeah so there's nothing that dictates uh in order to get a variance you have to show a hardship the hardship needs to be owing to things
relative to the lot shape topography or soil conditions you don't meet any of the three criteria for the variance in that and the fact that there was one there doesn't count i mean we had one there that was been there forever first
off we really can't consider that there was one there you're coming in and saying you're reconstructing one right um I'm not sure if that you're telling me that's a picture of the old one and if that was if that was closer than six
feet on both sides and that was um not built correctly either well well this one that's sitting here certainly looks further than six feet off the rear no that's after I'm sorry sir that's after we moved it oh that's after you moved it that's why I'm saying that the original
plan wasn't the original plan wasn't right pick it up stick it on top okay and that's when it fell apart that's when we did a new one i see i see so it was there was and it's showing on the plane on the site plan there was one there all the
time that's Jay what are you excuse me John what are your thoughts yeah I'm not comfortable with this um you know I hate to put anybody through this but that's not in the right location you know it's just it's just
too close i I couldn't support it barbara I I agree with um what's been said i you know I think it's kind of being stuck out in the back corner and I don't think uh I think there's other places you
could put it so I wouldn't support it either well in order for you to be successful you need four out of five votes and right now you're hearing that four are not in support so
um if we took a vote today you would not be successful and you'd be prohibited from coming back for two years and you'd subject yourself to potential fines by the town if you didn't get it out of there
um can you move it you can move it right can I say something [Music] you can move it i I I really don't know where to put it said if if I want to i'm saying physically you could pick it up and move it you could brace it off in
the inside open up those double doors and stick a forklift in there and pick it up it's not very Oh absolutely yes okay all right the the the issue is is it your desire to keep it in the back corner yes i have a suggestion if you don't
mind go ahead what if we make it smaller cut it from the back a little bit maybe four feet or from the back and that will move it from the property well I'll tell you what we could have that discussion right now how was
anybody's feelings if this was less than 150 square feet and cut down to where it was a smaller shed and it was in that back corner if they if they could get it down to 150 or less feet and by cutting it off the back it now backs it off like six feet from the I would be more
comfortable so you want to cut off the back so it moves off the lot line yeah if they put it at the If they put it at the front of the pad and take it off the back now you're getting more you're getting more setback on that side on that side at least
I'd be more comfortable with that i can do that i can do that i mean I can cut down dick what do you think of that idea i think I mean I I wouldn't be uncomfortable with with that if we can
get to uh if it's 150 square ft and therefore only needs to be uh 6 feet from both of those lot lines and they pull it back so it's at least 6 ft from one of the lot line even I could probably live with that i think they
could if they cut the back off um on the side lot line I think they could get to six feet yeah the rear lot line is all woods right now and I think most of it's going to remain woods even if you put a house back there cuz it's
it's a good size lot so you'd be comfortable with that if they cut the back off dick oh me okay yara what do you think i think that's fine your suggestion I think is a good good one it's
compromise john so how far is he away from the that is that two feet would still remain well the back is for almost four feet the side what do you call if you're looking at the shed the side is about 2 and 1/2
ft what we want is we don't want it any more than 150 square ft so we have to cut off 10 ft well I don't know if he can cut if he's going to have to cut off 10 ft well he's got to be 12 x 12 it's 12t wide it's 12 x 20 right but to get
it under 150 ft it's got to be 12 x 12 roughly 12 x 12 yeah you might you might have you might have to cut off well eight anyway you prepared to do that what about six what about six well hold on wait no wait no no no we can have a discussion about
that that's all right no no no no no how about six you I mean you're taking away a lot six feet's a lot i know it's a lot but we're over the 150 we're going to grant him a variance anyway because we got to grant him a variance because he's going to be close to that real lot
line it's a I let me just chime in they were wrong what they did okay but they did it and it will be a substantial expense to this gentleman by cutting it off and he did invest a lot of money in the pad and
everything so I'm sure that he's got a lot of money so there is a financial hardship here now we have a charge to uphold the bylaw but we all know we can be a bit flexible and I think if the owner is willing to compromise on his
end and perhaps we consider that so and I think we are considering it so what do you think about six feet that would give us I don't even know if that's 12 wide is that 12 wide are you sure it's 12 wide didn't even 192 square feet there
you go so if it's 12 by 16 well he said he was going to cut off six so it's still going to be 12 by 16 so what's that give us 192 still a big shed he's coming back off that lot line though and the good news
is he's off the the side lot line which is important that's true it's a side lot line that that's your takes away that that part of the variance the only variance then is the size and the back lot line back lot line there's no trees so I mean we're basically granting
a a larger than zone shed that's what it comes down to yeah it's the pad's there the shed's there it is a big expense i guess I I I could support that but So could we go six feet off we're going to cut six feet
off of it off that side lot line you'll come back you'll close that off and and you can't don't push it back to the back of the pad no we're gonna push it we're going to keep it in towards the lot cut the cut the side off that's on the side lot line from the right side left side
yeah on the left side if you're facing it right everybody comfortable with that yeah that's a better I' I'd like to see plans that show all the proper dimensions too yeah could you after it's done absolutely absolutely this is what we're going to need we're going to need your
engineer to go out and shoot it and just tell us how far it's actually off now maybe off air that we we know where it is it is where it is we're saying you're going to leave it cut six feet off what it comes out to be is what it is okay yeah i believe he did that though i'm I'm surprised we don't have it here it's
going to be new because you're going to cut six off so don't do it till you finished absolutely all right so uh with that is anybody prepared to make a motion not sure what to say i I How about you make a motion to approve the variance uh
with the condition that the petitioner cut six feet off the left side as you face the shed off the left side of the existing shed so moved second okay mr chairman do you also need the condition of the as we need to have it or is that
the building uh well the uh we're going to need to have after it's done we want you to have an engineer shoot it tell us where it is exactly on the lot bring us a copy and give a copy to the building department as well as plan an as plan
pen yes absolutely okay I had that condition so moved okay and that's for a variance and uh as far as the conditions for the variance I do think there is a hardship here although there was a mistake there's certainly a hardship to the petitioner should he have to take all
that down and move it we understand that next time let's make sure we we don't want to have a next time like this let's make sure we get building permits next time around okay okay all right okay soon as we take a vote on that we'll withdraw that one okay so uh we
have a motion to approve a variance cutting six feet off the left side and uh as well as getting us an asbuilt after it's done and returning proof of that to our board as well as the building department uh had a second to the motion
any further discussion i did any further discussion on the motion before we take a vote hearing none all those in favor please signify by saying I i i any opposed hearing none um as you know once the decision is written it's
filed with the town clerk 20 days must elapse after that you can come get your variance and uh take it to the registry of deeds and record it and then bring a copy back for our records okay we have one more thing we just have to do here
the uh special permit we would ask that you withdraw your special permit without prejudice which means if ever you need to come back again but you don't need it because we gave you variance you agree to withdraw it without prejudice yes okay have a motion to that effect so
move second second all those in favor please signify by saying I i any opposed hearing none okay that's withdrawn without prejudice all right thank you very much thank you thank you guys thank you all right best of luck
[Applause] okay the next matter is petition 5167 marcio Gonzalez doing business as Gonzalez Enterprises the property is at 785 Route 28 unit 6 South Yarmouth Mass
it's in a B2 zoning district the applicant seeks a special permit as required per decision 4485 and or a variance from decision 4485 andor to modify decision 44 number 4485 dated October 31st 2014
for Q6 use to allow a home office the applicant requests a waiver from the requirement for a certified sight plot plan less than 2 years old good evening good evening would you identify yourselves please it's me Marcy Gonz
okay i live in a 785 road 28 unit 6 okay and uh I want to open my small business for a handman work you know a paint fence is it a plant the grass everything but my house very small i don't have any tools outside i don't leave any rake or
nothing you know sometime I rent you know and uh easy for me because I don't have a bigger yard for put the tools outside or step ladders ladders everything only make an office inside you know what I mean receive the calls answer the calls so this is just to
answer the phone it's going to be just an office paperwork that type of stuff the house the yard is small you don't have a space for that if you do the power wash I rent the power wash you know send it back you know and that's it there'll be no storage of Any equipment on the property no no no customers
coming to and from the property no no customers no okay okay no business conducted inside except for office use type of business exactly exactly yeah okay because the yard is too small and not have a space only for my car you know nothing for for tools or big tools
you know okay all right very good um let's go to questions barbara do you have any questions for the petitioner um so will you be the only one working there or you have Yeah yeah clerical staff or only me yeah only you yeah this is my house yeah no okay no employees no
employees yeah no employees no other employees no no he's a hand man working you know what I mean all right and you've just got the one vehicle or you have a vehicle truck is a is a RAV 4 the Toyota pretty good size car
okay you know all right that's it john did you need permission from the condominium association or is there a homeowners association over there or is a is a homeowner association i think yeah because did you have to ask them
for permission to do this no you didn't have to or you didn't ask no I don't ask no you know I pay the fee every month they pay the fee for the for the the people work in the condominium you know this
these are the rules and it says in the rules and regs I don't know this should be used for residential purposes only so I don't know if home office is considered commercial or business use obviously it is so um that would be
something separate that he needs to work with well if if there's a problem with the association then he'd have to work that out with them right but under the bylaw um we do allow home offices with certain conditions and those are
no employees right nothing stored outside no customers coming and going they are too small yeah no okay you know okay okay that that's all I had jake given what he's talking about doing I it is a very small location it's tight all the condos
are on a small space there's like 10 of them I think all total or something so uh you know if it's just all inside and just the home office y okay dick uh nothing is this unit face 28 in the
front or or elsewhere in the development this is the side road no no it's a side road i forgot uh with a ho road okay by c view c view road and road yeah the 28 is another site all right because I know there've been other um business uses in
that uh condo actually in the past uh I think this simple use of a home office uh scenario in that location as long as there's not neighborhood or board of a I mean or
uh HOA um uh problems i uh I'm comfortable with it I guess okay all right is there anyone in the audience that wishes to speak in favor of this
petition if so please come to the microphone seeing none if there's anyone who wishes to speak in opposition to this petition please come to the microphone seeing none okay we are going to uh close the hearing to the public
begin board discussion i don't think we can modify this special permit because uh I think we'd be giving everybody a home office if we did that so we're going to have to make this a new special permit okay we can reference uh this
decision but this will be a new special permit specifically for your unit mhm okay okay and uh this uh special permit will be personal to you is everybody in agreement with that that if he sells the
property or uh leases it or something to that effect and he's no longer using it as a home office then the the special permit would lapse that doesn't mean to say that we wouldn't let somebody else have a home office in there we just Yeah only for me yeah if you sell the property not a meeting yeah cancel
everything okay you know is that agreeable to everybody yes okay um anybody prepared to uh any further discussion on anything anybody well I do think he meets the criteria i don't think there's going to be any
undue nuisance hazard congestion it is a business zone it's business zone yeah and but we've we've had this particular piece of property in front of us many times uh in the past long time ago um and everything's been fine uh so with
that uh do we have a motion to approve a special permit um with the conditions that is personal to this gentleman so and that if he should sell or leave the property that the special permit
lapses take so moved it so moved do we have a second second any further discussion on the motion hearing none all those in favor please signify by saying I i I any opposed hearing none that carries unanimously so you may have heard the other petitioners
once we uh the decision is written it will be clocked with the town clerk 20 days must elapse yep then you can see Dolores or she may call you i don't know how it works do you usually call them okay okay she'll give you a call and uh you can come pick up your special permit
you need to take it to the registry of deeds and record it and then bring a copy back for our records okay all right thank you all right good luck all right thank you thank you very much okay so that special permit then it's a new special it's a new one yeah that the
problem is is if we granted it to um if we granted it to that decision then every unit owner in there would get permission to have a uh you don't need to say that in the No because it's a brand new special permit everybody else can come in if they want a home office
and I'm I'm sure we'd probably do the same thing it says unit six so yeah it says unit six yeah yeah um and by if he leaves Okay and special permit lapses all you do is fall back on the old
special permit that controls all right let me put this away all right next matter is petition 5168 eugene Coell Kovville
Kovville Kovville okay 19 Blisscott A South Yarmouth Mass is in an R25 zoning district and the applicant seeks to reverse the decision of the building commissioner andor variance from section 401 subsection one of subsection two um
to allow storage of utility trailer on the property the applicant requests a waiver from the requirement for certified plot plan less than 2 years old um we do have some letters in the file also um you here today to appeal
the you're trying to reverse the decision of the building inspector of the commissioner uh I have a letter in front of me dated February 7th 2025 dear Mr kovville it has come to the attention of the building department
that a contracting business is being run on this property this property is in a residential zone and commercial uses are not allowed without relief from the zoning board of appeals this vi this is a violation of section 202.1 of the town of Yamama's
zoning bylaw which states no building and structure shall be erected and no premises shall be used except as set forth in the use regulation schedule or in other sections of this bylaw if a use is not specifically allowed by right or special permit it shall be considered to
be not allowed unless an appeal is taken under section 102.2.3 and is shown beyond a reasonable doubt to be of similar nature and at least no more noxious nor detrimental to the welfare of the neighborhood than a
specifically allowed use there is also a trailer parked in the front of the building this is a violation of section 401.1.2 of the towning zone bylaw 401.1 camping and recreational equipment if
camping or recreational equipment is parked or stored outside of a garage it shall be parked or stored to the rear of the front of the building line of the lot except for loading and unloading failure to comply with this provision of the zoning bylaw may result in penalties
as prescribed uh which could be penalties of up to $300 a day for each offense um okay so you're here to uh appeal his decision
um okay uh there's a use question too isn't there this Yes the use the use is the uh zone i uh it's Yeah it's it the use is a
commercial use in a residential zone that's here too he's he cited that okay but my point is this how you doing oh he's just trying to reverse the decision of the building inspector he's cited on all of them so that he's he's he's fine with that okay all right how
you doing i'm good how are you you identify yourself 19 bliss uh so I did have a conversation with both uh building inspector and uh and a deputy building inspec inspector i did send them a letter saying that this is uh my
residence i live there with my wife and two kids there's no food traffic no clients no business i don't have any employees i just go there to sleep so uh he was okay with that part of it the business part of it but he said that he
cannot do anything about the trailer it's bylaws that I was not aware of uh but so he said to you know I'm here he he helped me fill up the paperwork and suggested that I come here and talk to you guys and so um
uh everybody seen the property today or no okay so I heard earlier you talking uh talking to uh other applicants so there is a you know hardship in terms of space the there's no way um I park that
trailer as close to the house as I can and when I when I say close it's literally an inch or two from the house but uh either left or right side I cannot park it any further than that because on the left side there's my uh
neighbor's septic system in the wall um and on the right side is actually my septic system which I have a plan for uh would you take that fence out of there and cut that tree down and back it in that's where my septic system Oh you could park this on top of septic system
couldn't you i if I Well the the the septic tank is right there if I drive all the way there I the vehicle can definitely damage the the septic tank and everything it's not heavy enough to de to do
that you you can drive on a septic system there you just they don't want you driving cement trucks on top of it other than that there's literally very little well the reason why I say that is you're not the only person that comes before us okay so I'll kind of cut to the chase but we'll go to questions from
the board but we get a lot of these um our hands are kind of tied on these we really we we we can't I've never seen us grant relief for that okay i I know that you It's tight over there for you okay yeah it's I'm not you know to be honest
I'm not even sure how and I did go over there i saw the pictures and you cleaned up the yard i saw the previous pictures it was pretty messy over there but I went over there today and it was all cleaned up so it looks nice okay everything looks fine except you got that trailer there and it's in front of
the building and unfortunately we we just we just again I've been on the board for quite a while and I've never seen us grant relief for that problem is is once we say yes to somebody then we got to kind of say yes to everybody and then the wheels are off
the train mhm um that's why I looked at your property today and I thought if you removed that fence over there and took that tree out now you got a big tree it's an oak tree or something sitting right there mhm i think you could probably slide it right in there and get it back behind the corner of the house
that is really the only option I think you have if you want to keep I don't know how how much space I got there i I'm not even sure if you can do that it's just in terms of what I just don't you know physically cuz if you
uh the line of the fence and the line of the house it kind of narrows towards I'm I'm not positive you can do it i'm just making a suggestion i'm not Yeah this there's no I I don't think it's it physically can be parked there that's what I I'm trying to say cuz I mean I
have the the plot plan and everything and uh you know where my septic system was there's like I I don't do like if you look at the front of the house I don't think if the trailer went all the way in it'd probably
be on my neighbor's property and touching the house i I can't speak to that i mean those houses are small they would never be allowed to be built today i I understand that yes I understand that but I I just side set line setback requirements for these reasons so people
can get stuff behind there so um I did I did talk to uh my neighbor you know where my uh trailer is parked right now it's right next to my neighbor's lot and you know she did sign a letter saying she has no problems doing that i have the
letter here if you want i mean no problems me having the trailer i have the letter here uh I I I I have no doubt that that and we certainly recognize that you have support the problem is is
we have a charge the voters of the town of Yarmouth passed a section of the bylaw at town meeting at some point and they said these anything parked in front either a trailer or a boat or a camper or what have you unless it's behind the front
line of the house it's prohibited mhm town of Yarmouth doesn't want that so that's the reason it's nothing I mean it's not you personally okay so we don't want you to think it's you personally we're like this with everybody there's certain things that we really our hands
are tied and we just can't really bend on that i Yeah I mean this I'm not honest honestly I'll be honest i'm not the only one i see I see the trailers in front of houses i mean even today they're in violation and they may get caught and they may get a letter from
the building commissioner and then they're going to come in here and if they do they're going to hear the same thing that we're telling you mhm like I said you're not the first person we don't anticipate you'll be the last we hear these frequently okay so uh but is
anybody have any questions for the petitioner no um I might let's see it's just a 5,000 foot lot so it's tiny lot you know it just it's just logical for you
especially in indifference to to uh getting along with your neighbors if you got a kind of a commercial vehic vehicle like that or a bunch of commercial vehicles and too much stuff that you get a storage unit get a place
to park it elsewhere no I do I do have a storage unit i just don't have the space for a trailer yeah well then you should try and have it up there it's not It's not appropriate for a residential neighborhood that's tight on a dirt road um here to be uh to be overusing that
site which is what I think you're doing now i'm I'm the only person there's no one no one else there and you know you're the only what that I'm the only person that you know that's using it like this you like I'm uh I literally come come there just just to Yeah but
all the other properties are are well-maintained houses and uh and then yours is not and uh it hasn't been it's better now thanks for cleaning it up uh but still to have that
uh that uh trailer with all that demolition stuff in it all the time as well as a panel truck and cars the demolition part too much the demolition part was we actually had a uh a flood uh they they doing the work the
septic work on not septic but uh whatever work on they doing 28 right right now digging up the road and all that so the the water man broke there and all that water came rushing down and it found the lowest lot on the street
happened to be mine so we did have a flood and uh it just we had uh water probably three inches from the front door step and not not the step but the front door itself and so uh I was using
the trailer at that time when came to attention of building uh to remove stuff and throw it away and so um that was it again we have we have some long letters from at least three of the neighbors um
complaining about what's been going on there and and and the use of the property and uh I I think under those circumstances alone I have to um maintain the uh
uh my uh agreement with the uh with the building department okay anyone else no okay i see we have some folks in the
audience any would you wish to speak in favor of this petition seeing none anyone wish to speak in opposition to this petition could you please identify yourself please vana Olivera 31 Blisscott A okay
just to clarify what he has been saying about the flaw and the trailer the trash that trailer has been part I lived there since 2000 he moved 2012 so that trailer has been there since and what he does is
he brings he hauls trash from the site to the trailer until fills up to the top for months and then when it's overflowing all around and all over then he goes to the dump and dump it so he's doing like hauling stuff from sight job
to the house and then going to the dump we had issues I know about the emails too about the car parked in front on the fire hydrant um he's a person that we tried talking to but he won't listen or
won't agree with if he doesn't agree he won't talk so we tried I I talked once to you guys honestly but uh and you know it's a mess it's a mess has been for 10 years or so okay thank you thank you
anyone else wish to speak okay uh hold on here no okay um anything else you'd like to Oh I'm sorry go ahead and identify yourself denise Bet 25 Blisscott okay okay my um
primary concern with this the with the trailer aside from the fact that it's always has um construction debris in it I'm concerned about the precedent that this is going to set our street is narrow there are many small properties
and if I I have there are two houses in front of my house that have very small lots and have very limited parking if we grant one variance to have a utility trailer there it would be easy to have other people who um have trailers to now
start parking them in front of their homes and I do have a very strong concern with that okay okay thank you very much anyone else oh
okay anything you'd like to uh add or respond to oh I just uh you know Denise here anytime they talk to me about if they didn't like something I always uh clean things up and you know everything
was fine uh this particular time the trailer was overfilling and I know that I I I agree with that but I I did have uh stuff from the flood in it and I also
had uh the the van that I used to take that trailer out i had uh it the lift spring broke on you know one of the lift springs so I was waiting for parts to get that fixed and I fixed it and as soon as it was fixed
everything was gone so uh but I understand that uh no one wants to see a field trailer i understand that so I did take it well the the storage of construction debris does not fall under our purview only the trailer i would
just warn you that should construction debris pile up there then the building department will be over to issue a simp a separate citation no I did talk to them about all that i just so you know they probably already talked to you about that all right i was over there
today and it did look clean all right so if there's nothing else um we're going to close this matter to the public and we're going to open it up for discussion so what we're here to do it's an appeal from the decision of the building
commissioner if we agree with the building commissioner then we would have a motion to uphold the decision of the building commissioner if we do not agree with the building commissioner and we agree with the petitioner then it would be a motion to overturn the decision of
the building commissioner anybody wish to have a discussion or make a motion i'd be I' in favor of supporting the building commissioner so is that a motion yeah I'll make a motion to support the building commissioner uphold the decision of the building commissioner
okay is there a second to that motion second any discussion on the motion only thing I would say is as we've gone over what the bylaw states and it was the purpose and intent of the voters of the town of Yarmouth to not
have any trailers in front or other things boats and campers or what have you in front of the front line of a house so if you can get it behind that you should be fine otherwise uh you can't do that okay
um I agree as well to uh uphold the building commissioner uh so we have a motion made by Jay seconded by John to uphold the decision of the building inspector all those in favor please
signify by saying I i i any opposed hearing none carries unanimously you've also requested a variance we can take a vote on the variance if you'd like which you'll be denied it will prevent you from coming back for
two years or if you don't want us to vote on it you can request a withdrawal without prejudice doesn't sound like I'll get a yes on it so what's the point of voting would you like us you we give you the option to withdraw without yeah
okay we have a request by the petitioner to withdraw his request for variance without prejudice do we have a motion second second all those in favor please signify by saying I i any opposed hearing none okay thank you very much
sir thank you thank you have a good day okay uh we have minutes we have uh minutes to approve uh the minutes of uh let's see March 13 2025 we have a motion to approve the
minutes i wasn't here sorry so moved second that's fine you can have to vote second motion made by Dick seconded by John all those in favor i any opposed hearing none these the only minutes
that's it any motion to adjurnn or we gonna step it's just the minutes yeah to just just the minutes not the petitions okay all right make a motion to adjourn second
all those in favor i I I Okay we're journed