Recording in progress. >> Okay. Good evening everyone. Uh my name is Sean Igo. I'm chairman of the board of Yamazoni Board of Appeals. We are now going to convene the April 23rd, 2026 meeting. This is a hybrid meeting is
being recorded. We're going to begin by establishing a quorum. John >> here. >> Barbara >> here. >> Anthony, do we have you on Zoom? >> I am here. >> Okay. Good evening. And I'm here as
well. Having four members and a quorum present, we will now begin the meeting. The first matter on our agenda is petition 5226. Kylie Owen property located at 189 Center Street, Yarmathport, Mass. It's
in an R40 zoning district. The applicant seeks a variance from section 202.5 for an H11 use miscellaneous retail to hold a one-day event for the display and sale of local artists work. The applicant
requests a waiver from the requirement for a certified site/plot plan less than two years old. Good evening. >> Nice to meet you all. >> Nice to meet you. Could you identify yourself for the record, please? >> Yes. Kylie Owen. >> Hi, Kylie. Could you uh tell us a little
about about what you want to do here? >> Absolutely. Um, so my mother and my sister are both artists. They're very talented. They've been published in various magazines and my mother even wrote a children's book. And uh, my aunt recently purchased a property in
Yarmouthport. It's got a beautiful barn on site and just kind of a massive amount of land and it would be a really great place to have an art show and bring more art into the community for a free event. Um so I would love to again
as you mentioned um hold a one-day event for display and sales of their art and in addition um two other artists who are who are local to Massachusetts. Um, so it will be four artists total, one-day event in Yarmouthport, um, from 2 PM to
6 PM. Uh, and that that I have some more information as well in terms of I I would love to serve food and beverage if that would be possible um, through either a catering company or if it's possible to do it, you know, myself. Um, and uh, yes, there's parking on site as
well, just in case there was any questions about parking and how that would go. Um, so that that is my elevator pitch and I'm happy to answer any other questions. >> Okay. All right. Let me take a look here. All right. I've got a site plan here. Don't worry about the two years
old. We've got plenty. We can take a look at this and use this one. >> Um, I've also got an overhead. So, how long have you been doing this? >> Not very long. Um, I recently moved down
to the Cape. I moved in with my mother in um South Yarmouth to help take care of my grandparents. Um and I was just kind of going through, you know, her studio and talking to her and my sister and they both are very eager to know share their art. So I've kind of taken on managing them. I love to plan events
as well. So I do have some experience in event planning. Um I just with with friends, but I did plan um an 80 person wedding alongside my friend Emily um as well as a small party in this barn um for the purpose of just showing my sister's art. Um, so we had some family
and friends come by which was really lovely. Um, so not long but definitely eager to continue and create more of a space for free art events in Yarmouth Board. >> So you're seeking a one day per year
event. >> I would love to seek just the one day for 2026 and see how it goes and see what um what the event ends up looking like, how many people we get. And I would love to do this yearly if possible, but I'm still becoming familiar with kind of the, you know, the
bylaws in Yarmouth and what is possible versus what's not. So, I figured the the first event would be a great way to, you know, meet the committee and see how it goes and and move forward from there. >> Okay. Well,
um, how did you happen to be brought to the board here? I'm just curious. So, I had spoken with um Dolores and Mark Grills and they kind of guided me in terms of what I should apply for specifically. Um I had reached out
actually initially to I believe um Amy and I'm I'm blanking on her last name, but the the licensing board because I had spoken to her about needing a license to sell um food or excuse me to provide food and wine on site as well as to sell art. And then through speaking
to her, she led me to Mark who led me to Dolores. Um, and that is how I came um to be before the board today. >> Um, did you read the bylaw at all? >> I did not. Not um as except for when I was with Dolores and Mark going over the
um the necessary application line items. Um so I'm not super familiar with the entire bylaw. >> Okay. Are you aware that it's a prohibited use in the zoning district? Yes. Which is why it was my understanding that I would come here to have that um >> a relieved. Yes.
>> Okay. All right. >> Well, there's two types of relief. There's a special permit that allows you to deviate from the bylaw and then there's a variance allows you actually to, for lack of a better word, break the
law. Okay. If you meet certain criteria, >> right? >> Um the criteria is it's a hardship. Okay, I don't know if you have a hardship here yet or not, but it's owing to circumstances relative to the law to structure
and a literal enforcement of that bylaw >> uh would not degradate from the purpose and intent of the bylaw. Okay. Um I'm not quite sure if you uh qualify
for a variance. Um, so you this is the first time you've ever done this, >> correct? Yes. >> Well, um, >> when is it planned for? >> We're hoping to do it sometime in September. Our two dates that we're looking at are the 12th and the 19th.
Um, so the 12th as the main event and we were um Dolores suggested having a rain date. to the 19th would be the rain date. >> Have you already kind of started to plan it? >> No, not yet. I I had initially started the planning in February and then when I
began to dig a little more and realize all the, you know, the things that go into the logistics of planning as well as making sure everything is done legally, um, halted on that just to make sure that everything was done properly. So, no no planning other than making sure all four artists are available on
the two dates that we're proposing. Okay. Okay. Um, >> well, I'll tell you what. I'm going to go to the board for some questions right now. Um, >> Barbara, do you have questions for the petitioner? >> Yeah. How are you going to advertise
this? >> Um, so we'll be advertising via Instagram, via Facebook, and as well as some local artist um like forums online. There's a lot of galleries around the Cape that have um you know postings on their website about various things
happening in the community as well as the Cape Cod Cultural Center. They usually have some kind of calendar for art events going on around the Cape. So we'll be doing you know hopefully some flyers and you know doortodoor you know on the ground passing out of of flyers
if this gets approved. Um so physical flyers, Facebook, Instagram as well as you know um Cape Cod event calendars. Now, do you plan on putting signs on Route 6A? >> I had not. Um, if that is something that I am able to do, I would certainly love
to, but if that's another step, then that's not something that I need to um include in our marketing for the event. >> And what how are you going to manage parking? parking there. Uh she has my aunt has a very large um backyard behind the barn and there is an entryway that
she just kind of had um a created so you can go through um her left side of the of the yard, drive around the barn behind it and there's quite a bit of parking. So we'll have some volunteers on the day helping to guide cars as well as you know cones to make sure it doesn't encroach on the neighbor's
property. Um and I have a video of that. Um, it's kind of a long, it's a long yard, so I have a video of the entryway as well as the area where people will be parking if you were curious. >> Okay. Um, that's all I have right now. >> Okay. John, do you have questions for the petition?
>> Um, just a couple. So, how many folks do you would you estimate are going to attend this event? >> I'm hoping >> I'm hoping 40 to 60 somewhere in that range. And again, it'll be about a 4hour event. So, I don't anticipate everybody
showing up at one time. I think it'll be more of a spread out arrival of of guests who come look around, hopefully purchase something, and then head out. So, I would hope between 40 and 60. >> And so, the parking you figure is adequate here. I I see you got a big
backyard. >> Yes, I do. I do. I do think the parking will be plenty. Yeah. >> All the extra cars back there and um food and beverage. Yeah, that's complimentary, right? You're not planning on selling any of that. Are you charging admission to the event?
>> Nope. It'll be a completely free event for, you know, the art lovers community of Cape Cod. And we would love to have food and beverage as a complimentary option. Um, if that's not possible, we would still love to do the event without the food and beverage, but we'd love to offer that.
>> Okay. I I don't have any other questions. I I have the concerns that you do over the variance. Um, but we can we can have a discussion about that. But that's all I have for questions. >> Okay. >> Anthony, do you have questions for the
petitioner? >> Who are the four artists? >> Um, the four artists are my mother, Susan Farington, um, my sister, Julia uh, Ferington Owen, and her two friends, Kendall, um, and Kim. Um, their last names I actually don't know off the top
of my head. She's very close with them. They all went to school together. Um, they went to Boston University for illustration. >> Okay. Just uh that was a point of well a little bit of curiosity and a little bit I represent a lot of artists so I just wanted to make sure there wasn't a
conflict there. Um, and there there isn't. We're okay. >> Um, >> I I I have the same questions. I I think it's a special permit and I think it's something we would easily I personally would be comfortable with, but it's we I we can't switch from a variance to a
special permit. correct me if I'm wrong, Sean. Uh without the application having both be on the application. Um but given that it's September, uh intentional date, that would be my recommendation or my thought process at
least. >> Okay. Okay. All right. Um is there anything else you'd like to add at this time? >> No, no. I'm just again happy to meet you all and hopefully we'll get this event on the books but would love to continue
discussing it if needed. >> Okay. Um is there anyone in the audience who 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, we have anybody with their hands raised? >> No, Mr. Chairman. >> Okay. All right, we're going to close the hearing to public uh input and begin board deliberation. Um,
this would be a variance. It's a prohibited use in the district. I did meet with Mark today just to clarify that. I was wondering if it could be by special permit at all, but I did review the the bylaw again. Um
I I'm just going to chime in with my two cents here and that is uh first off I think you have an adequate size piece of property. I think the event and what you want to do is a great idea. I'm sure people would love to come over to it. The
problem that I have being a prohibited use in the zoning district is it's in the middle of a residential district. If this were up on 6A or if this were on 28 or somewhere where it wouldn't be prohibited but would be allowed by
special permit. Okay. Uh I would be very comfortable with it. It sounds like something that people want to do. This is your inaugural year. >> Yes. >> Okay. Well, you're just getting your feet off the ground.
Um, what I could support is I could support a one-year variance that would be just for this year alone, which would expire. >> Mhm. >> You wouldn't have to find another place
to go to. >> Okay. >> Um, but if you're trying to do that for this year, I know it's in September. That's a slower time of year. Um, but again, you're smack dab in the
middle of a residential district. Excuse me. >> And this would be a one-time event, correct? >> Um, would love to do it annually if possible, but >> just just for this year, you're just planning on September 19th with a rain date, >> correct? Or excuse me, September 12th
with the rain date of the 19th. >> That's fine. That's fine. Those are my thoughts. Uh again, I could support it for purposes of getting you off the ground and getting you known. Um
but after that, I I I wouldn't be able to support that going forward just because where it is, not because what you're doing. I I think what you're doing is a great idea. And I I think there's a big demand for it. What I would suggest is if the board were inclined to go along with it for the
one-year one-time variance is you could get yourself known. You might be able to speak with some of your neighbors who have a similar barn that they might let you use up on 6A, which I don't believe. I think then I
think you could do it by special permit. Maybe you could make some arrangements with them or you could get yourself, you know, another property somewhere else and make some arrangements. So, those are my feelings. Uh, John, what are your thoughts? >> I'd be willing to go along with that.
You know, onetime deal and uh that gives you time to plan for next year. >> Yes. >> Um, knowing that the board is, you know, not 100% in favor of this. So, um, you know, maybe you could find another location that again Yeah. The key is, you're
right, in the residential district and you know that's where it gets a little sketchy. So, um even though there's no I don't think there's anyone here to oppose it, but still um we sort of frown upon that kind of stuff. So, um but I but but I'm
you know very receptive to Sean's idea. So, >> great. And if I may, um I don't know if it makes any difference. All of my aunt's neighbors are in they they know about the event. They're very supportive and you know they're all of course invited so there's definitely no animosity about it amongst the neighbors. Um but I do understand the
law. >> Yeah. >> Yeah. >> We're just presuming that everybody's in favor of it's nothing that we think there's going to be a lot of it's just where it is is the concern that I have. >> Yeah. >> Barbara, what do you think? Um,
well, I'm just kind of concerned with um potential traffic um on that street. And you said you were going to have signs on 6A or No, >> no, I hadn't planned on it. No. >> Okay. >> There'd be no signage. We wouldn't
approve that. The only thing we would approve is the event itself. >> Yeah. >> There would no signage. The advertisement I think would have to be by way of social media flyers if you're putting them out somewhere, >> word of mouth. Yeah, >> those type of things.
>> All right, that's that's all I have. >> What do you think? >> Could you think you could support it? >> Um, I think I think just one time. >> Yes, one time. Um I think you know then we'll have some baseline and you know
you will too about what worked well and what didn't. >> Yes. >> Um so I think as a one-time event I could. Yeah. >> Great. >> Okay. Great. Anthony, what are your thoughts? >> If that's the way to go to get a one-year grant without having to come
back and the special permit doesn't work because it's a restricted use in the R40. I'm I'm fine with the variance. >> Yeah. Okay. All right. Well, you needed all four votes because it's a uh >> you need at least four out of five when
there's five members sitting, but when there's four, you need all four. Looks like you have all four. >> Fantastic. >> Okay. So, what we're we've agreed to do is to allow you a one-year variance. >> Okay. For a one-time event. If you want
September 12th, that's fine. >> Great. >> Okay. If you if you have a rain date, we don't care. You pick the date. Okay. I I don't I'm not stuck on that. Okay. And we're not granting you any relief or any
permit for signage or liquor or anything like that. We we don't control liquor anywhere. That would be a licensing thing. >> Okay. >> Okay. If you're planning on selling it, I don't know if you need to do that. you're giving it away. Um, but this way maybe you can get yourself
established and then explore some other places uh where it is allowed at least by special permit. >> Fantastic. >> Okay, >> great. >> All right. So, um, Anthony, anything else you'd like to add? >> Nope. That's it. >> Okay. Uh, well, we're going to take a
roll call vote. Anthony. >> Um, Mr. Chairman, >> I'm going to make a motion. >> That's key. We got to make a motion first. There we go. I'm a little bit ahead of you. Go ahead, Anthony. Would you like to make a motion? >> I I'll I'll make a motion to approve for
a one-year variance as requested. >> Okay. >> I'll second. >> You'll second. Okay. We have a motion made by Anthony, seconded by John to grant the one-time variance. Um, all right. Now, we'll try the roll call.
Anthony, how do you how do you vote? I >> Barbara >> I >> John >> I >> and I'm an I as well. That's four in favor. None opposed. Now uh as soon as we write a decision it then needs to be
clocked with the town clerk. A 20-day appeal period must elapse. Once that goes by uh then you could come pick up your variance. >> Great. >> Um I guess it does need to be recorded. You will need to record that at the
registry of deeds even though it's just a one-time variance. Okay. >> And then if you can bring a copy back for our records >> definitely will. >> And if you have any uh questions just call Dolores >> because that's when we have questions that's who we call
>> and Dolores has been very very helpful. Just for the record it was fantastic working with her. >> She really is and we're we we are lucky to have her. >> All right. Well you're all set and have a good night. >> Thank you very much. You all as well. Nice to meet you. >> Take care. Let's see where we're at.
All right. The next matter on our agenda is petition 5227, Donna Anderson. The property's located at 71 Witchwood Road. It's in an R40 zoning district in AP in a zone 2. The Applicant seeks a special
permit for 104.3.2 sub paragraph 2 and/or variance from table 203.5 for side setback relief to construct an addition on an existing 157 square foot shed.
Okay. Good evening. >> Good evening. >> Could you identify yourselves for the record, please? >> I'm Donnie Anderson. >> Russell Fure. >> Okay. Uh, tell us what you want to do over there. >> I read what you want to do.
>> So, Donna has a a shed that's pre-existing. Yep. >> In the driveway, sort of. You see it on the plot plan. Um, she's looking to turn it into a small ADU for her mother who has health problems. Um, it seems like out of the whole lot trying to move it
anywhere else to try to make it fit the uh the parameters for just pulling a permit doesn't work between being septic and that kind of a thing that's right on the driveway right beside the house. It just seems like a perfect place for it to be if uh the board would see it
through that story. >> All right. So, um Well, what you would need here is I don't think you can do it by special permit. I think this needs to be a
variance. And I'll tell you why. First of all, you don't have a legally pre-existing nonconforming structure. You have a shed. Um, has it been inspected at all by the building department >> when it was built? I Yeah, it was, you
know, they it was a permit to build it. They came and signed off on >> Okay. Um, is there anyone living in it right now? >> Well, it's 157 square feet right now. It's 157 square feet.
>> It's There's a small addition going on it. Um I don't recall off the top of my head if that includes the I think it's 12 12 by 14 and uh yeah so what it is what you see the plan is the original
shed with a a bumped out area to make it bigger. >> Okay. Well, right now you're in violation of the zoning before you even ask for what you have because you're supposed to be when you're above 150 square ft, which it appears this is
right now, it needs to be set by way of the uh required setbacks. If it's 150 square feet or less, then you can be six feet off your property line. If it's more than that, you have to conform to your side setback. But put that aside.
It is what it is. Okay. Do you know how many square feet you want to add? >> 80. I think 10 by eight. We did this so long ago. The um I drew the plans. Um >> Okay. >> Sorry. >> Pump it out. I think it was like eight
more feet to pump it out. >> Okay. I see what you want to do here. I'm getting I'm got an idea what you want to do here. Okay. Okay. Um, now what about the septic system for
this building? >> There's a plan in effect where there's a tank that pumps it into the into the septic that's on the property and the removal of a room bedroom inside the house. >> I see that from the board of health
because you're in a zone two. You you're restricted with the number of bedrooms that you have. How many? You got a cape there right now. Is there four bedrooms in there right now? That's what your property card says. >> What do you have? Two on the first floor, two upstairs, >> right? Okay.
>> All right. So, one of those would have to be eliminated. Um, but the septic system, I see this this drawing. Um, who who did this? Jason Ellis.
>> Yeah. >> Is this in addition to the existing septic system? What this would be, this tank right here? Is this to be added or are you planning on trying to tie in to the existing septic system?
>> This gets it gets it gets tied into the existing septic system. Okay. Um, so you would cross across the driveway underneath the patio
and come in from here. Is that what he's planning on doing? >> Yeah. >> Have you shown this to the board of health? brought it to the building department. Um,
chat with the building inspector. I don't know that it went to the board of health. >> What is the shed sitting on right now? >> Concrete peers. >> Do they have footings underneath them? >> They're uh they're like 10in tubes that
go four feet in the ground, but I would that you do not have footage. We'd have to we have to uh lift it up and put big feet on the peers underneath. >> Well, couple things. Um,
I I think at least from what I would need is I would need a full set of plans to see what you're doing because you'd need that anyway, >> right? >> But if you want to get an idea maybe of whether we would approve it or not. Okay, we can talk about that. I think
that's probably the best place to start. >> That's what we're Yeah, I think that's what we're here for. Okay. The expense of just getting this underway is a few thousand dollars. What? And maybe goes nowhere. >> Okay. >> Um because if you can't put it where it is
on what it's sitting on right now, then you might as well move it in a little bit. Okay. And I think for what you want to do, I think you're going to have to have a solid foundation underneath it. you're going to have to build to the
building code. So, even the size that you want to do right here was going to be a significant expense. I don't know what you're planning on for expense, but it's not really like just adding on to a shed. Okay. Like, you know, you put up
like 2 by6 rafters and whatever you want to use for studs and your flooring. >> Yeah. has >> this is going to have to be to the building code because this is going to be habitable, >> right? >> So, you're going to need a certificate of occupancy. >> Uh, and seeing it's not a pre-existing
structure, habitable structure, then I think you got to start from scratch. So, um, at least for what I would need, I would be inclined to support it 6 and
1/2 ft off. You're supposed to be 20 feet off. You're in an R40 zoning district. This is not an R40 lot. It's 11,000 square feet. When this lot was developed, it was probably R15. Okay. 15,000 square ft. They
changed the zoning some years back, which they have over and increase the minimum lot sizes. Your your lot would be kind of a pre-existing lot. Okay. You're supposed to be off that. But and the reason why is because your house is
sitting on a well field. That's the reason why you got well fields right in your backyard. Okay. Where you are over there in which you know you go through the backyard towards say down towards the super if you come out of Long Pond Drive and take a right you know all those woods right there. Those
are well fields right there. Okay. But that's okay. Okay. That's why they restrict your bedrooms. That's in a zone two and things like that. Okay. Um, I think what I would suggest is to go back and I
don't know what the board might feel comfortable with besides setback. I could It's not a big lot. So, and you're not really next to your neighbor that close. So, if you kicked it out to a minimum of say 12 feet, I know it might put you in
the driveway, but this is going to be structure. You'd have to kind of redo your driveway a little bit. I think you can still tie into that septic system, which is is it approved for a fourbedroom septic system? Do you know?
>> Uh Jason said that we could do it. So, I would have to say yes. I would guess. I mean, I read the >> first thing I would do before I do anything is have the septic system inspected and make sure it's an approved
fourbedroom. It should be because you have a four bedroomedroom house, but I don't know what year this was built that you have a four bedroomedroom house and >> it probably says here on the property card, but my guess it was probably built
back in the8s. 80s. >> No, 68. >> 68. Okay, we're going back a ways. Yeah, but the it it looks like it's an upgraded system. Is this the system that's in the ground right now that I'm looking at? >> I can't see that.
>> You have one of these? >> I don't think she would really know. >> I don't even I don't >> Okay. Well, I see a good size um leeching area right here, which would be indicative of something more modern. >> Yeah. Yes. >> Okay. But the first thing you want to do is make sure you got a septic system
that'll handle it, >> right? >> Because if not, you're going to have to do that. Then next, what I would do is figure out speak with the building department. If you pull that out and you
I would have the building department go down and inspect it and see exactly what they're going to require to do >> because that's their department. >> Sure. So see what they're going to require for your building materials. Um,
and then do your estimates and if it looks like it's something that's going to be cost effective and you want to go forward with it, then what we would need is a set of plans and we would need to see this at least for my purposes only. I don't know how the the rest of the
board feels, but and we're not going to make a decision on this, I don't think, tonight. So >> yeah, that's fine. Okay. Uh I I would like to see this moved away from that. I mean >> six foot >> you you could if you're going to use this structure, you you can just pick it
up and shift it up. Okay. >> But we had to do that. We have to do it anyways. They put the right the right whatever we're going to put underneath of it. >> Yeah. Whatever's going to whatever the the building department will accept for your foundation, >> right? >> So check on that. run your numbers and
if the numbers make sense, if your septic system is what it should be for a four bedroomedroom, all you got to do is eliminate one of the bedrooms in the house by putting in a 5ft cased opening and you you can do that. Okay, that's not a problem. That's easy. >> We looked at that. >> Yeah.
>> Okay. I saw the memo there from uh Mr. Lewis. Okay. >> Yeah. Um but that would be required anyway. We would have told you to do that. That's what I would say to do. Figure out exactly how many square feet you're
going to put in there. Right now, you're technically in a little bit of a violation with the shed you have there, but it's been there for a while. And if no one's saying anything, we're not here to enforce anything, just to let you know. >> Okay. Um,
do you have any questions? >> Um, so just to reiterate, so it has to be moved in. >> So 12 12 ft. So, another six feet. >> Another six feet I'd be comfortable with. I would the board feel comfortable if this was 12 feet off the lot line on a lot this size.
>> Yeah, I think so. It certainly better. >> Yeah. >> Okay. Anthony, your thoughts? Would you feel comfortable with that? >> I would. >> Okay. All right. So, let's presume that you if you're going to go forward, we're going to ask you to bring it in six feet.
>> Okay. Now, you want to check with the health department or have somebody come out like whomever call an inspector for the septic and make sure it's actually a four bedroomedroom septic so you don't go do all this stuff and then you don't have enough room and you got to do
whatever you got to do. Um, and then figure out your floor plan. Figure out exactly what you want to do. And then after you run all your numbers, your lumber prices and your subs and
everybody like that, then if the money makes sense to you, then have your floor plan drawn up and come in so we can see exactly what you want to do. And you'll have a site plan like this that will show the height like you have right
here, the uh the elevation of your foundation here. we'd want to know the elevation of your foundation on the new one, which is probably going to be the same. Okay. Um, and then I think for an ADU, I I think I
could support that. I think that that speak for the rest of the board, but it sounds like they would be in favor of that. >> All right. >> Okay. >> Beautiful. >> All right. >> Oh, I'm sorry. So, if that's the case, what we need you to do is to request a withdrawal of this petition because I
don't think we can continue you because I think you've got certain work to do that would put you beyond. So, um and you can just refile it. We ask you to withdraw it without prejudice. >> Right. >> Okay. So, then you could come back when you got everything together and uh come
see us again and I and I think we'd be all set. >> Sounds good. >> All right. Uh, do we >> One other quick question. When I when I purchased the house in 2015, would that have been approved as a four bedroom that
>> uh probably because well, first of all, they would have checked to see if it passed the title five. Okay. If it wasn't a failed system, whether they would have said that this
is a fourbedroom septic, I don't know. If this is the actual plan, this plan is a 2026. Um I I guess he probably took it off the existing plan because all he's showing is what's on the ground right now. Um
let me just see this. >> In ' 68, they probably had a cesspool in it. So >> though, that's what I'm thinking. >> Yeah, it did. They didn't even make them like this in ' 68. Yeah. So you you're probably okay, but just to be safe, that's really where you want to start
>> because you don't want to turn around all of a sudden they got to >> do something to this septic system. >> Yeah. >> So um but but that's our suggestion. >> All right. >> Okay. >> Beautiful. >> So you'd like to withdraw without prejudice, >> please.
>> Okay. Do we have a motion to that effect? >> So move. >> Have a motion made by John to allow the petitioner to withdraw their petition without prejudice. Do we have a second? >> I'll second. >> Barbara, we got a second from Barbara. Any discussion on that motion? Do we
have two forms of relief requested here? >> Yes. >> Okay, we're going to do two forms of relief. The first one's a special permit. Any discussion on the withdrawal without prejudice of the special permit? Hearing none, going to take a roll call
vote. Anthony, >> I. >> Barbara, >> I. >> John, >> I. And I'm an I. That's four in favor, none opposed. So the special permit is withdrawn without prejudice. We have a motion to uh withdraw the variance without prejudice.
>> So move. >> Motion made by John, seconded by Anthony to withdraw the relief for variance without prejudice. Any discussion on the motion hearing? None. >> Anthony >> I. >> Barbara
>> I. >> John >> I. >> And I'm an I2. that carries unanimously as well. Both forms of relief are withdrawn without prejudice. So, why don't you go ahead and do your investigation and maybe we'll see you back here and then we'll we'll get you going. >> Outstanding. Thank you.
>> Thank you very much. >> Working with you guys. >> All right. Take care now. I'll put that away. That's my agenda. All right. The next matter on our agenda is Capen Island signs property location at 121 Route 6A Yarmouthport.
It's in an R40 and B1 zoning district. The applicant seeks a special permit per 303.13 and or a variance from 303.5.2 to allow an attached sign which exceeds the maximum height to remain. The
applicant requests a waiver from the requirement for a certified site/plot plan less than two years old. Good evening, sir. >> Good evening. My name is Joseph Scott. I am a partial owner in Cen Island Signs. >> Okay. Tell us what happened over there.
>> So, when I just came on the beginning of this year, so I'm not new to it, but it's when Tim got a hold of us, I kind of knew nothing about it. Um, what happened was Walter, the the original owner, applied for the new signage for
Cape and Coast Bank, went through the permitting process. Old Kings Highway approved the the design that was there. Um, I don't think that Walter checked the town's website again and assumed that was an approval. So he went
and installed it and then I would say probably midFebruary Tim got a hold of us and said that we were in violation. So and I kind of took over it with with John Cook and we decided to apply for a variance. Um
what it is is the sign is 46 in and the the requirements or the maximum is 24. Um the >> 24 in tall. >> 24 in tall. >> Yes, sir. >> And let's take a look at what you got
here. I drove by it yesterday on my way over the village. >> So the overall size is 46x 115.25. >> Are we talking about the sign on the gable? >> Yes, sir. >> Oh, okay. We're not talking about the one out on the street. >> No, the freestanding sign that was there
was approved. The only thing that we had to do with that was take off the little hanging drive up ATM sign. That had been there for years and we didn't add that when we changed over. It was there, but we we have since taken that down. >> Okay.
All right. So, you got a sign right now that's up inside the gable. >> Yes, sir. >> How come you didn't paint that gable before you put that sign up? >> That is above my pay grade. That is not my call. Um, >> yeah, we might make that a condition.
>> Well, I better start painting then. >> Um, >> see Cape Cod Cooperative Bank. You see how nice that looks? >> Yes, sir. >> You see, you put a sign over an an area that needed to be painted. Now, it doesn't look so good. >> And again, I I had I had nothing to do with the installation or the permitting
process. Again, I'm just trying to take care of things that are going on. Um the the reason why it is that big is if we were to have done it and speaking with with Walter afterwards, if we were to be at 2 feet tall, the
letters for the bank would be so small that you wouldn't really be able to there wouldn't be legible. Um so I think that was the reason why it wasn't purposely to >> be out of violation or be in violation. It was just more of a legibility. >> Okay.
Um, well, this is a variance here. This you can't we can't grant this by special permit because you're actually violating the zoning, too. Um, okay. All right. Well, let's see if the board has any questions. Barbara, do you have any
questions for the petitioner? Um, >> then why didn't you paint the gable before you put the sign up? >> No. >> And again, that that's the bank's portion of that. I I have no control on what the bank does with with their buildings. We're just the sign company that installs the signs. We we're not really painters.
>> Okay. >> In in that sense. >> So, this is Plexiglass. >> So, they are acrylic letters. So, they're they're not illuminated. They're just on studs. It's like it's a form of plastic essentially. >> Yeah. >> Um, the company that makes them is called Gemini. Um, they're just studded.
They're they're you set a pattern up, you drill the holes, you put some PL400, and you they're just set right against the building. >> Will there be any lighting on this at night? >> Uh, I believe there is lighting there. Um, it looks like from the photos there's a few, I don't want to call them
goose necks, but bullet style lights that point up towards it. Um, and again, I I'm not aware of that. >> I think those are pre-existing. >> Yes. Nothing that we added. >> Yeah, we just we just took down the old logo and put the new one up. That's all that we did. >> Okay.
>> So, I don't mean to interrupt. >> No, that's all I have. >> Is that a like a 46x 115 sheet? >> No, no, no. They're they're individual letters, >> right? Okay. So what what I'm looking at
here is >> the rendering that you >> the clapboard's a different color because whatever was there before it's just faded. >> So on the in the rendering that you're looking at what what we do with with these rendering is we try to block out
the existing logo. the one on the left. >> So, if you're looking at the the one on the left with the old logo, what what we do is we kind of just superimpose over it to get a feel of what it will look like on the building without >> Did I drive by that though? And does it look like that on the building? I I
drive over. >> I highly doubt it looks like that. Unless we're looking at the same thing, right? >> Yeah. This right here. Does it look like it needs to be painted? >> No. The when you drive by it will not it doesn't have that discoloration. Like I said, you can >> look >> you can that square that you're looking
at. >> Yeah. >> What it is is let's say we took a a copy of it right above it and then brought it down just to cover the old logo for rendering purposes. That's not No, it's not. >> Some reason I drove by the other day and looked at it and I thought I saw the same thing.
>> Same thing. I >> No, they're they're all individual letters. There's no We didn't touch any of the clap board. We didn't put like a board. I'm asking is because I would have thought the old sign. I'm looking at the old sign and that >> is it okay if I approach and just show you one other thing just to give you what we're what I'm saying. So like >> yeah come on up. Sure. >> Sorry.
>> That's all right. No problem. >> So like even on this one >> you can see where see how it overextends this. It's literally just there to >> cover up what was there. >> That's not actually what it looks like. >> So it look so the color on it looks
>> nice and clean. It's like a copy paste kind of thing. >> Exactly. You're basically taking a blank portion of it and putting it over just >> over the building. Yeah. Right. >> Okay. >> That's That's all that is. >> Okay. Okay. Thanks. >> Thank you very much.
>> Uh All right. Okay. Barbara, did you have any more questions? >> No. >> Okay. Anthony, do you have questions? >> I don't. >> Okay. John, >> I guess those are the colors though,
right? The greenish indication, >> the green, the yellow, and the light blue are the colors that are up there. Yes. >> Those waves above the Cape actually make the put put the the actual sign over the the >> correct. Um the the Cape and Coast Bank
portion of it is actually 30 in. So, it is still a little bit over, but the the swooshes are really what >> what make it >> over the top. >> Yeah. >> And again, the reason behind that is if you did shrink that all the way down, it would be it would look so small and that gave >> lens probably like the previous sign.
>> Well, since that was darker, it shows up better >> probably. And and if you look at it, and again, this is estimating. If you count the number of clapboards that the old sign took up, it's about 15. This new one is about 12. So this sign in theory,
the old cooperative bank of Cape Cod is still bigger than what was up there >> again because of that big the big wave. >> Correct. >> You know, and you can again I mean I know it's a picture but and it's distorted, but even with those small letters on the left side of that
rendering, you can't see them >> from the street. You mean >> from the street or I mean I have bad eyes so standing straight underneath it but yeah from the street you wouldn't be able to necessarily read it which is it necessary no but with the being Cape and Coast Bank especially being a new logo I
think it's reasonable to have it be legible from the street so everyone can get acclimated to it and remember where it is. Again the bank's been there for 104 years so it's not like people don't know where it is but still when you do a logo change it does kind of help. No >> we understand.
Okay. Um, is this the only branch you have in town right now? >> Uh, in Yarmouth. >> Are you pl Let me rephrase the question. Are you planning on putting a sign this size anywhere else in town? >> No. This is the only one that we that is
in violation. If there is another location in Yarmouth, which >> I don't know that there is. I don't think there is. >> Don't think there is. >> No, there is. No. No. >> Well, I think there's one in King's Way. >> There is one in Kingsway, actually. Now that you say that,
>> there's one. Yeah, >> there there is one in there. >> Convenience. >> Nice. >> Okay. Okay. Uh, is there anything else you'd like to add? >> No, I think that's it. >> Uh, I don't think we have anyone to speak in favor or opposition. Does
anybody have their hand raised? >> No, Mr. Chairman. >> Do we have any correspondence from anybody? for this one? No. >> Well, other than the violation. >> Yes. Okay. Well, we have a violation notice. I'm
>> We've kind of read that in with the uh with the legal notice. Um Okay. Well, we're going to close the hearing to the public, begin board deliberation. Uh this is a variance.
We have faced these in the past. Mistakes can be made. Okay. And we are sensitive to that. We don't think you did, at least I don't think you did anything purposely to try to to violate the law. Uh,
and I certainly think it would be a hardship financially for the petitioner to have to take this down, be the cost to produce a new one. >> You're talking, yeah, four, five, $6,000 to remove it, purchase it, reinstall it,
cover up all the holes. >> Yeah, that that's that that's certainly a financial hardship. And uh they are set back a little bit. I'm not sure if we gave belief to that sign that's sitting there
right now. Um I'd have to look at that one. The the cooperative bank of Cape Cod. We did approve this building. I remember some years back. Uh but I think that's this is one of these
where again I think there's a financial hardship. I don't think there was any intent of the petitioner, you know, to try to violate the bylaw and I would be inclined to approve the variance. I don't think it's something
that I I don't think it's really going to deriggate from the purpose and intent of the bylaw when it was passed by the town meeting voters. So, um I could support it. Um
John, your thoughts? I'll agree with you. Yeah, I don't have any major issues with it. >> Okay. Okay. Barbara, what do you think? >> Um I'm It's all right. I'm don't see any issues with it. >> Okay. >> It just doesn't pop.
>> Again, I'm not the designer of it. And that's that's well above my pay grade. >> Yeah. No, I just think with the clapboards behind it, I don't know. You know, >> and Old Kings Highway did approve it. >> Yes, sir. They did. And I think that's where Walter,
in my experience, in the last 10 years, if you get old Kings Highway approval, it's almost I don't want to say a sure thing, but it's pretty close to it, unless something like this happens. And again, I think he saw that and just said, "Okay, we're good to go." >> We we certainly make sure that they
they're stamp of approvals on anything with these things. >> They do have some jurisdiction on certainly colors, but um Okay, Anthony, what are your thoughts? You think we could support this for a variance?
>> I do, but I would come to a diff different um uh foundation from it. Um >> Okay. >> Two things. I I drive by it all the time. I'm right around the corner, but it doesn't bother me in any way, shape,
or form the size of it. So, I I think it's appropriate. Um the variance relief I would put in personally that it would be owing to the shape of the building and or the lot. A hardship created financially due to their own actions are
typically not a variance that I want to permit. Um do owing to their own circumstances. Um but I think it's sufficient that owing to the uniqueness of the shape property lot building structures is sufficient uh for my
perspective. Um I don't want I don't love financial hardships that are self-created. Um but if we come to the same conclusions that a variance is appropriate, I'm fine with that. >> And I think I could agree with uh with your analysis being uh the shape of the
lot. And I I am familiar with that lot and and there is a shape issue with that. So I think that even strengthens the argument for the variance. So I I would support Anony's uh analysis of this as well.
Okay. Um is anybody Anthony, are you prepared to make a motion? >> Uh I am. Uh I will make a motion to approve the variance as requested. >> Okay. Do we have a second to that motion? I >> have a second.
Okay. Any discussion on it? We've already kind of discussed it. I think we've uh establish the criteria for a variance hearing. None. >> Barbara, how do you vote? >> I. >> John. >> I. >> Anthony. >> I.
>> And I'm an I as well. That's four in favor, none against. >> Thank you. Now, you may have heard the uh well, it wasn't the last one, but the one before that >> or the first one, I guess it was. Uh once the decision is written, uh 20 days must go by, right?
>> Okay. After that, after it's clocked with the town clerk, once that goes by, Dolores will contact you. >> Okay. >> Let you know that the variance is ready to be picked up. >> Okay. We need somebody to take it over to the uh registry of deeds over in
Bosible and record it and bring a copy back for our records. Do you have any questions? >> Mr. Chairman, you also have the special permit. Okay. Sorry. >> Yeah. >> Thanks, Dolores. >> Yeah. Now, I just saw that we have one other and so you understand what you need to do with the variance.
>> Yes. After 20 days, we'll Dolores will get a hold. follow up with you. Yeah. >> And then then I got to take it to the registry of deeds in Barnstable >> and just bring a copy back. >> Bring a cop. I'm just writing all this down. So, >> you've asked for one other form of relief and that's a special permit. Uh we would ask that you request a
withdrawal without prejudice. You don't need that relief. >> Okay. I request a withdrawal with without prejudice. >> Without prejudice. We have a request by the petitioner to withdraw the relief for special permit without prejudice. Do we have a motion to that effect?
>> So moved. >> Motion made by Anthony. Do we have a second? >> A second. >> Second. Any discussion on that hearing? None. Anthony >> I. >> Barbara. >> I. >> John. >> Hi. >> And I'm an I as well. That passes four in favor, none opposed. So the special
permit relief request is withdrawn without prejudice. >> Okay. >> So you're all set. Thank you very much. >> Thank you for your time, folks. Have a wonderful night. >> You too. All right, the last petition is petition number 5229. Laur is it Loravel?
>> Come on up. Laravel Santos doing business as Laravel Masonary LLC. The property is located at 96 Southshore Drive, South Yarmouth. It's in an R25 zoning district, and the applicant seeks
a special permit for 104.3.2 sub paragraph 2 to increase the ridge height of a pre-existing non-conforming structure. Uh, letter of support from the next door neighbor. And we have an engineer. We believe that
it can zoom in. Um, all right. Let's see what we have here. All right. I know you were before us before. >> Second floor. >> Okay. And I got something new for us to look
at. So, you're just asking to increase the height of the ridge. >> Yeah. And there is a uh did you see the plan? >> Yeah, I >> I did. I wanted to ask you about that because it appears that you're also adding >> Yes. >> floor space. >> Yes.
>> Okay. So, you're increasing the size of the unit as well. >> Yeah. >> Okay. Okay. So, let's have a look see what you got here. All right. You got a set of plans. This is how the exterior is going to
look. Just like this. >> Yes. >> All right. And let's see here. Page A1 shows the existing house. Shows a shaded area.
>> That's that shaded area is what you want to enclose. Correct. >> Yes. >> All right. A couple more pages past your engineer notes. find some floor plans here. All right,
so we're on page A4 and let's see what we have here. We have the existing house. It shows a bit of an L shape. >> Yes. And then we have the proposed addition
that just closes that in. >> And do you know what the height of the ridge is right now? >> About 14 13 >> 14. >> Yeah. >> And how high are you going to raise it up to? >> 17. >> 17. So you're looking to raise it up
three feet. >> Yes. the the existing. >> What do you do with the property right now? Do you rent it out or somebody lived in there or what? >> No, it's a a summer thing. >> Summer thing. >> Yes. And I because I live in Malboro.
>> Okay. >> The people on the construction are doing they parking on a driveway because nobody's in the house. But we we use a lot in the summer. How many bedrooms are in the existing house?
>> The the big house is three and a >> big house is three. >> Yeah. And aquar is one. >> Okay. That one's going to be one. >> Yes. >> It's one right now. It's going to remain one. >> Yes. >> Okay. All right. And uh let's take a quick
look at your parking right here. >> It's a big parking. Okay. >> Um, >> yeah, that does appear to be a pretty good size. How about your septic system? >> Uh, Mark G asked me to change the the
the sept tank, two chamber tank. And my set is uh is a four bed set. >> He wants you to change the septic >> the tank. >> The tank. >> Yes.
Which I already got a boat for. And >> do you have a um where is the tank right now? >> There's a plan that David said can I proposed. Yeah. You have a proposed
septic plan right there. >> No, I'm not doing redoing the septic just the tank. >> What tank? >> The set tank. Mark my grills asked me to change. >> Okay. Do you have a you have a plan that shows that? >> Yes.
Is that one that you have? >> This one? >> Yeah. >> Okay. I see a I see what appears to be a leeching field. >> I don't see a tank. Where's the tank? >> Shows the tank on the
>> Okay, come on up and show me where the tank is. doesn't show the tank. >> What's the date on this? >> This is uh 32126. >> This shows the location. I don't know that it shows anything.
This does not show any elevations for any septic. >> Um, are you proposing to keep the ADU? What is the Okay, I have a question.
>> Go ahead. Back for a sec because we need you to talk into the microphone. All right. The first question I have is I have the house has an elevation of the first floor at 10.24. I'm looking at elevations in the on the
lot that appear to be around eight. I have one eight in the backyard which would put that 2 and 1/2 or 2 and a/4t above your probably your Let's see what we have for elevations in the street. We
got 117 in the street. Just >> are you going to be required to raise this? >> No. >> Okay. Do you have a site plan and a foundation plan
>> shows your new your new septic system? >> No, I'm not doing the new septic system. I'm just I'm just changing the tank for for the two chamber. >> Well, okay. Well, first of all, I don't
see a septic tank. And you're required to have it so many feet away from the house. >> Yeah, it's more than 10 ft. >> It's got to be >> 10 ft. >> Is it 10? >> Yeah, it is more than 10. >> Okay. Where is it? >> It's
>> Do you have anything that shows it? Yeah, I had the same plans as online. >> You have an engineer online? >> Yes. >> Can he identify he or she identify themselves? Who's who's the engineer? >> Mr. Chairman, can you hear me?
>> Yeah. Hi, my name is David Saddowski. I'm the principal of DJ and Associates and most of the land surveyor that was on the property. >> Okay. Do you know where the septic tank is? >> Yes. It's 10.3 ft off of that ADU. Um
for some reason when it was going to the somebody asked him if he would repair or replace the 1500gallon tank that was existing if he was to uh be granted this variance for the height restriction. and he was to be able to uh square up the
building. He's got 626 square foot ADU. The addition is 176 ft. He would end up with 804 uh square ft of floor. There's no new bedroom planned. He's got three in the existing house and one in the ADU right
now. The pipe feeds out uh right in the front section of the building. There might be two lines coming out. I know at one point there was going to be a plan put together by me with an arrow showing tank to be replaced and remain in this location. Perhaps he has the plan that
took the old tank or the existing tank that was there out and the new one wasn't added onto the plan. There is a complete plan with elevations through the lot. I think that's the one that was presented the last time you was in front of you. When the building inspector was
looking at it, he said, "There's too much confusion with all the you have 84 here, you have 82 there." He goes, "It looks like there things that are showing offset." He goes, "Remove the elevations. There's a PK nail in the street that shows, I believe, 8.5 or
8.4. And then there's another one in the yard that shows 8 feet. >> Where do you see the one that says 8.4 in the street?" I Oh, wait. It says 8.5. There's a um if you go straight out, there's a conduit line that's shown and
then there's a 84 19 dimension distance and next to that there's an X >> with an 8.5 and it's a PK that's used for a benchmark. >> Okay, I see it right here. Yep. >> There's also a bench on the hydrant bolt um 1107.
>> Yeah. Okay. Um, >> so he's looking, if I could, Mr. Chairman, and I'll finish. I didn't mean to over talk you. >> Um, he's looking he's looking to really square the rectangle off. He won't be getting any closer to the tank. The
tank's at 10 foot 10.3, which is 10 ft and almost 4 in off the side of the building. I I I was kind of surprised the gentleman asked him to take that 1500 gallon out and put another 1500 in, but um I'm not sure the reason for that.
I know that his his field is rated for a fourbedroom house and he's only got three in the existing. Okay. Um but he's not going to be required to raise the height of the foundation.
>> Not to my understanding, Mr. Chairman. >> Okay. All right. Okay. Uh, well, why don't we go? Thank you. I appreciate your input there, sir. >> I I have one more thing to add. Um, I I
checked out this the uh Google Earth Pro to get shots back through the years, the history, and I can see that back in 96, >> um, that building might have been a garage with I don't know what in it at that time existed at
that point. So it seems that the structure is over 30 years old. >> Okay. And to the right of this where I see on the adjacent lot addition stopped construction that doesn't exist. Just
the existing house at 102 Southshore Drive. >> Yes, it is. There was a problem there with roof and a building permit and a few other things going on. That was a couple years ago. I haven't investigated that building at all, but at one point it had a tarp over it. The addition had
to stop. It was too close to the lot line. There was something that wasn't a building pul permit pulled. Excuse me for my language. There wasn't a building permit pulled or something was in a violation was going to be too close to the lot line. They were told to stop. I don't know what the status of that
building is. You know if that that structure has been removed. >> They lowered the roof. >> They did what? >> They lowered the roof. >> So that you Okay. >> There was above 34 and then they
flattened it. They put a second >> What is that? 102. Do we have anything on 102? >> Do we have any uh requests for relief for 102? Do you know? >> Uh I can I can look online.
Can you >> just take a look at that property real quick because I would think there would have needed relief from the board cuz it looks like he's right up against that. Of course, they're tying you into sewer right now. So, this is all going to be
academic pretty soon. You're going to be pulling that thing out of there probably, right? >> Yes. Because >> Okay. I I just thought about that. Of course, you're driving down So, Drive. I don't know how you could forget about that. >> You'll be one of the first hooked up.
>> I don't see anything on 102. >> Nothing. >> Thank you, Anthony. >> Okay. Okay. All right. Why don't we do this? Uh All right. So, this building's been here for a while, I guess. That's my understanding. Yeah.
All right. Okay. Anthony, do you have questions for the petitioner? >> I I do. Um, so just my understanding is is that the the change that you're proposing doesn't change the current lot
coverage at all. Correct. There is a period there Anthony the lot cover will be about uh this 118 >> but but there yeah so there's the patio >> yes so >> yeah my my concern is because I'm
looking at when I look at the the plot plan uh the proposed ADU edition location plan I I suppose we call it they they have the lock coverage of about 13%
um 13.1% from what it looks like you calculated but it looks extraordinarily busy to me it looks like greater than that um so the proposed 174 addition squares that existing ADU off right the 8 by 22
>> yes >> um and there's a patio already there so I my concern is that we're not granting what appears to be I I don't know how you calculate that to it just visually
doesn't look like 13%. Um but how we square that off. I you know I want to put I would put restrictions on further development of the parcel personally. >> Yeah. No, I I agree with that. But I think I think what we're going to do that there'll be no further development
of this lot. And that's common when that there's too many things going on on a piece of property. Doesn't mean you can't come back and ask for it. It just means that there's going to be something in the decision that the board made a determination that this lot has been built out.
>> Yes. >> There'll be no further development. >> Okay. >> Okay. >> Okay. >> Now, again, you can always come back and ask and And who knows um another board might >> take consideration.
>> Um >> that would be I won't >> All right. Um let's see here >> through the chair. >> Yes. Um if you look to the left of the lot coverage calculation, there's a
breakdown of what was used for the coverage. is the existing house 1,760 the existing shed and the proposed addition all added up to 264 and the lot has 15,84
square ft. So the division of that number into the other comes up with.13 or 13.1%. >> Okay, you see that? >> I mean that's that's how we did the calculation. >> Yeah, that doesn't include the ADU though. the existing. >> It does. >> It does.
>> It includes the ADU, but it does include the brick paver patio, the shuffleboard court, the existing decks, the existing walkways, the large crust stone parking area. It it just, you know, I'm genuinely want to keep as much greenery as possible. And I
understand it's not green underneath where the building is, where the 8x 22 addition is going to be. So, you know, that's probably fine with me. Uh I'm just saying I I'm not interested in seeing future development that would take away green space and lot
coverage on this property. >> Okay. >> To the chair, Eric, you are correct. I those other things were not calculated in just the structures were and um it is on where the pavers already are now. So there's no green that's being removed. But I agree with you.
>> Okay. Okay. All right. Okay. Um, anything else, Anthony? >> Nope. That's it for me. >> Barbara, do you have some questions for the petition? >> No. >> All right, John. >> No, I don't have any other questions.
>> I don't really either. I see what you're doing. Um, I think the concern that I had was whether you were going to be required to raise that elevation of the foundation, but if it's your representation, it's
going to stay where it is >> and that you're going to be able to work this out with the board of health relative to the where they're going to put the tank and they say it's because that's their department anyway. That's not our department. So, they say it's got to be here, there, or wherever they
say away from the building. Then you'd have to deal with them. Um, I would be in agreement with Anony's comments that there would have to be a condition if we were to grant the relief tonight to uh >> restrict any future development of this
lot. That would include any coverage, okay? >> Like shuffle board courts or patios or anything. Okay. None of that. Um, and if you want to do any further coverage, do you have a shuffle board caught in the back? Is there one? >> Yes.
>> Okay. All right. Okay. >> I I have >> All right. Okay. All right. Other than that, I don't I mean, we do have a an existing small little home ADU, we'll call it.
um that seems to have been there for a while and I think the three-foot raising of the ridge is not substantially more detrimental than what's there now.
Um pursuant to the the special permit criteria certainly I don't find an undue nuisance hazard a congestion's going to be created by what's there now. I mean, granted, you're right up on that lot line, but you are where you are. So,
really, what he's asking for is to remodel what he has there. He's adding an interior floor area, which is away from the property line. So, that really doesn't have an adverse effect to what he's going to do here than what's
already there. If he was going the other way towards the lot line, then I would probably have a concern. I don't know if he were adding on to the back to continue such a nonconformity on that side lot line, but he's not doing that. So, um
All right. Is there anything else you'd like to add, sir? >> No. Thank you. >> Okay. All right. So, um do we have anybody with their hands raised? >> Uh no, Mr. Chairman. >> Okay. No one here in opposition or in favor. So, we're going to close the
hearing to uh the public begin board deliberations. Um Anthony, what are your thoughts? >> I I agree with your assessment, Sean,
that it meets the criteria for a special permit. It's not substantially deriggating and nor detrimental to the um neighborhood. I'm fine with it if we have that condition that I proposed. >> Yes. >> All right.
And Barbara, what do you think? >> Um, I agree with the Anony's comments. >> Okay. >> Yeah. >> Okay. John, >> I want to agreement as well. >> Okay. Yeah. All right. So, it sounds to me like the board is in favor of your
request for special permit um with the condition that there'll be no further development or no further coverage of the lot as well. And that's with any impervious material. Oops.
Yes. Impervious. Okay. Yes, that was right. Okay. >> Um and that the rest of the lot will remain lawn. Is that your intent? >> Yes. >> Is that how you want that worded, Anthony? >> Yes. >> Oh, it's gonna it's going to remain
green. You got plenty of green there. >> Yes. >> Okay. Of course. Unless you have to put in a new septic and then, you know, obviously take that up and put it where it's got to be. >> All right. So, was anybody prepared to So, Anthony,
um, would you like to So, you you if you were to make a motion, it would be to approve the Did you make a motion? Did I hear a motion? >> I haven't made a motion yet. >> Okay. So, we have a motion made by Anthony to
approve the special pyramid as requested with the condition that there be no further coverage of the lot. What's green is green shall remain green. Yes. >> Okay. Or any further development of the lot. >> Okay. >> Okay. Of course, unless you come back to
this board, but it's the intent of the board that this this lot has been built out. >> Yes. >> Okay. >> That would be my motion. So moved. >> Okay. So, we have a motion made by Anthony. We have a second to that. >> I'll second. >> Seconded by John.
Any further discussion? Hearing none. I think we did establish the criteria for the special permit hearing none. An Anthony, how do you vote? >> I. >> Barbara, >> I. >> John, >> I. >> And I'm an I as well. That passes for in
favor, none against. >> Now, once the special once the decision is drafted, it'll be collected with the town clerk. After that, 20 days must go by. >> After the 20 day, that's a technical appeal period. >> Yes. Um, after that goes by, Dolores
will contact you. You can come by, pick up your special permit. We want you to take it over to the registry of deeds in Bonsible Village and record it and bring a copy back for us. Do you understand that? >> Yes. >> Okay. Do we have requests for variance relief as well on this one or just a special?
>> Uh, no, Mr. Chairman. Just >> Just a special permit. >> Yes, sir. >> Anthony, thank you. >> Okay. All right. Well, you're all set, sir. >> Thank you very much, John. Thank you. Thank you, Mr. >> You're welcome. Thank you, sir. Okay. You have a nice night and uh best of luck with your project. >> Thank you. >> Okay. >> Thank you.
>> All right. Bye now. >> And uh gentlemen online, thank you very much for your uh expert in uh input. We appreciate it. >> Uh okay. You too. Uh do we uh have minutes we need approved? >> Yes, Mr. Chairman. From April 9th, 2026.
>> April 9th. >> Yep. >> Do we have a motion to approve the minutes? So move. >> Motion made by John. Second. >> I'll second. >> Seconded by Barb to approve the minutes. All those in favor, please signify by saying I. >> I. Any opposed? Hearing none. Those uh
are approved. Anything else? Uh Dor. >> Uh no, Mr. Chairman. >> Okay. Motion to adjurnn. >> Motion to adjurnn. >> Motion made by John. Seconded by Anthony to adjurnn. Any discussion hearing? None. hours and f