recording in progress good to go okay we all set yes Mr K okay good evening everyone welcome to the regularly scheduled meeting of the amazoning board of appeals today's date is February 13 20125 my name is Sean iGo I'm the
chairman of the board and we have five matters on our agenda tonight the first matter is petition 5144 this is a continued matter from January 9th Alfredo and Janel Lo Lal
property location at 21 television Lane it's an an r25 zoning District the applicant seeks a special permit code 104.3 point2 sub paragraph 2 to alter relocate and increase the ridge height of a pre-existing non-conforming
structure with a new location be less nonconforming good evening could you identify yourself to the record please hi I'm offer okay now I know last time you were
here um we needed some updates on some plans I think we needed to see where some staircases were is that correct yes it is but I I revise the plan since then okay all right did you turn the house is that what you did
yes sir I did okay all right why don't we take a look at that all right so it's not going to be Kitty corned on the lot anymore you're going to actually turn the foundation is that corre turn the foundation so it's
Square to the lot yes all right okay all right I show in front of me a clan that is dated let's see January January 8 2025 is that the correct plan that
we're working off of uh yes sir okay and everybody's got that plan yes okay so tell us what's different from the last plan um so I appreciate you telling me
to take my time and take another look at it which I did um I decided that I wanted to turn the host and uh face FM Lane um so I would be
more conforming than non-conforming um and also um I think I meet all my setbacks with the exception of a few feet over on television Lane that
I um uh [Music] VAR okay let's see what you got on television Lane for your setback 27 you've got
274 it looks like to me yes um on your other roadway which would be your second punch looks like you got 30 there on your side which you have two sides and two fronts because you're on a corner um
on the one let's see that would be kind of the backyard I guess um you've got 15 which is what you need and on the other one where you have the deck let's see what do we have there
does that show what you have there am I missing that 155 155 how much I'm sorry did you say that again 15.5 okay where is that measurement um
it's it's uh where the number four is on the edge of the um elevated deck right just below where it says new electrical connection Sean oh I see okay right right got it okay so
all right no all right good uh and so I'm also looking here and uh so your elevation at ground level looks to be about
4.25 your elevation at your deck is 1210 so you're almost 8 fet in the air with that deck correct yes sir what do you have planned for around the edges of the deck are you going to
put lattice or anything like that around it I I would like to put that uh I'm not exactly sure what it's called but that that like uh stainless steel wiring okay stainless steel wiring are we talking about around the
bottom of the deck de oh underneath the deck I I yeah didn't um really have any plans putting anything underneath it okay I I certainly could put lattice
or something if if you'd like me to dress it up a little bit okay okay and you're just taking the existing house and putting it on top of this New Foundation correct yes sir okay all right
um that's all I have for now I I might come back with some questions but I'm going to let the board ask some questions as well um who do we have here let's see dick yes do you have any questions I do I I I I think it's a it's
it's a better plan than I think we saw before and I think um there is less non conforming on that television lane side by about 4 feet is I Sly saw um so I think that's a big plus um I think it's
I think it's a better plan and I think it's it's it's looking for Less relief and it is a non-conforming situation as it stands today and I think it'll be less non-conforming in the future and Inc conformance and compliance with the
flood plane okay okay anything else right now not right now John anything no I don't really have any questions I would I do you the dick it's it's a definitely a better plan you
know it looks much better performing almost all the way around so looks good thank you okay thanks Jay just a couple of things can can you explain to me is there an entrance to the front of the house um so it would be
through by driveway the um driveway there's a set of stairs and a walkway going up to the front so is the front yard going to be raised up you're going to fill yes and how much exposure will the foundation have after the fill
uh approximately two and a half maybe 3 feet and half to three feet okay and the driveway now you're expanding it so it can handle two cars is that right it's two cars now I was just moving it over further to the property line okay and it
can't fit two cars all right um there is a note here I that uh uh in conservation you have to you have to meet of the conservation
committee I do um originally when we we met first um conservation approved my plan because I wasn't planning on raising any grades um but then which I I truly appreciate you guys telling me to go back to the drawing board which I did
and I think it makes a lot more sense to raise a grade and do some maintaining walls around it um so I talked with the engineer um he uh emailed me yesterday and said that they plan on meeting the
next deadline of um for notice of intent okay so you're during the next scheduled meeting for the conservation board not yet but he told me yesterday that that's what his goal was to be on the next plan board okay so obviously you're going to have to get their approval before
anything of course um I think I think what we might consider doing um if we would have vote favorably on this tonight is put a condition that it's subject to Conservation Commission approval right
um I think I think that's all I had okay and uh dick Martin I everything dick me said everything I would have said so it's uh I think it's a much better plan and uh much less
nonconforming and uh it's all criteria for conservation and for FL plane and all that good stuff so uh I'm happy with what I'm seeing okay and uh I just have a couple more
questions uh that retaining wall it looks like you're putting a retaining wall around the property and then you're going to fill that in correct yes I would like to and how tall is that going to be um I I I believe it was somewhere around 4
ft 4T yes you're going to put that right out on the how how close to the road is that going to be um within the um Al of
the see here e system because we're having static Audio Oh Mr chairman I don't know if you heard that but the system needs to be rebooted which maybe why you can't hear the petitioner okay I tell you what we're
going to do right now we're going to reboot the system and at the same time I'm going to come in on a different computer so tell him to join me as a panelist we're going to stand down for about five minutes all right Mr chairman okay so I'm going just tell him I'm going to come back in on another uh Zoom
all right thank you elevation 3.5 I think that's the elevation of the wall um that's the question what's your question Jay we're back up Mr chairman Okay I hold on one second here I'm just trying
to okay I'm coming in on a different Zoom link look like the top of the wallot the wall okay I'm gonna sign off here on see something that say that I
guess top theall six feet is that what where is that you see that th is this what that's saying oh this is the great this is the level over here I D do we have anything from the um
great Island Ocean Club so it's it varies between three to Association or whatever it yes the sorry I think we should wait yeah I know I was just I was just directing it to Dolores to see if we had anything you should you
should have an email that should be in your packet okay yeah [Applause] okay can everybody hear me now yes yes all right I I heard Dick's question about we did have a letter from the association um I've got it here
somewhere but essentially in a nutshell what it says is the association is no longer in control they don't have any uh oh okay they don't have any design review or anything anymore dated January
8th do you have that letter J yes dat January 8th from Jeff Capello great Island Ocean Club it basically says it has expired the the homeowners voted not to extend the restrictions okay okay okay yep okay I got that right here in
front of me as well all right and it look it looks like Sean that the wall if we can read this is somewhere between three to four feet depending on where um and then I'm not sure if you're gradually raising the
yard above that or not but possibly well actually he is you see those little circles that go around that has say 7899 yep y those are elevations that go up that's elevation 7 elevation 8 9 10 the
uh first floor elevation is at uh 12.20 so it's a gradual y upgrade um so it looks like most of the wall most of it starts around six and a half six to six six to seven feet um which but it's
only about three to three to four foot exposure yeah because the uh the corner the benchmarks at uh 4.87 which is almost five M okay all right um I didn't have it does anyone
else have any further questions no okay I do want to read into the uh record just this Memo from uh uh Joe Geral Lio conservation agent 21 television Lane January 24th
2025 uh petition 5144 21 television Lane West garmouth a notice the tent filing is required for the proposed work at 21 t television Lane due to the proposed placement of Phil within the 100-year flood zone
which triggers the wetlands protection act and the Yarmouth Wetland bylaw the Conservation Commission has not yet received received or reviewed an application for this project and it is not guaranteed that any application submitted would be closed in a single
hearing for your information the next available hearings are on February 20th 2025 and March 6 2025 we will forward additional information if this application is received and a hearing is scheduled
um I just to comment on the proposed I agree with everything dick says I think it's an upgrade I I like the idea of turning the foundation so it's Square to the lot he's really only looking for relief it appears that he's looking for
Relief just for that bump boat which is his uh his chimney area I guess that would be um but but I don't find that uh overly non-conforming myself otherwise I think
he conforms and I do think he needs the criteria for the bylaw so uh I certainly would be in favor of this petition uh is there anyone in the audience wishes to speak in favor of this petition if so please come to the
microphone no one Sean is there anyone who wishes to speak in opposition to this petition please come to the microphone again no one seeing none okay um sir is there anything else you'd like to add before we close the
hearing go ahead you anything else you want to add oh no sir okay all right so we're going to close the hearing to the public and open it up for board discussion or if anyone is prepared to make a motion Sean I have a question if we condition our
opinion on the action of the um Conservation Commission when does the appeal Period start an end well what we could do is we could approve the special
permit um as requested with the only condition that they must get conservation approval for what their criteria is before a building permit is issued but for purposes of
zoning we could Grant the special permit okay they're not going to give them a building permit anyway until he gets a sign off from conservation anyway so okay so if I'm not even sure that we need that but we can put it in there just to say that we're going to give to this subject too but he does meet the
criteria I think as soon as it's clocked with the town clerk that's 20day appeal period will begin so it would run concurrently with the review by the cons yes I don't I don't think that's going to hold us up okay we're aware that he needs to go through conservation
but he's like I said he's not going to get issued a building permit until they sign off okay long as everybody understands that so I guess Sean my comment would be that I'm in full support of it too I
don't think it causes any harm do Hazard to the neighborhood so I think qualifies as far as the special permits concerned so I'd be happy to make a motion to approve as submitted with the reservation that the conservation um conservation review
conservation permit or cons whatever second approval conservation approval but we will put in our decision that conservation approval will not hold up our decision we're aware of it but that they must get it and and I think while the while the neighborhood
association doesn't have control over what happens I think the room would be more filled with people against it if it if it was an issue in the neighborhood so yeah that's a good reflection of the approval in the in the neighborhood all right do we have a
second to the motion second okay any discussion on the motion hearing none all those in favor please signify by saying I I any opposed hearing none that carries unanimously
sir once this uh decision is written and it's clocked with the town clerk 20 days must elapse after 20 days elapses that's an appeal period assuming no one appeals it just uh contact theor so she'll
contact you and uh come get your special permit take it over to the registry of deeds in Bible Village record it and then bring a copy back to us for our records okay thank you very much do you have any further questions for us no sir
okay good luck with your project thank you very much okay take care now bye bye good luck thank you okay our next petition is petition 5159 Steven Wilson Property location at
Route 28 also known as 16 Denver Drive West garmouth Mass it's in an r25 zoning District applicant speaks seeks a variance from section 41.1 .1 to occupy camping equipment for yearr round
use okay he's coming up okay uh Mr chairman I believe the petitioner is on the zoom oh he's on the zoom yes sir I am on the zoom all right hold just one second all right who do we have on the zoom
please identify yourself yes hi good evening my name is Steven Wilson Community farmer since 1997 I'm asking the town to please give us a variance for apart from the two years
uh for Christopher to have a place to uh call his home and I also would like to say that Christoper has my full permission to answer any and all questions from the board members and relationship to these
concerns okay uh Mr Wilson yes I have in front of me from the Secretary of State's office a Massachusetts Corporation Melo Wilson cranbery Corporation cranberry grow Corporation that's
correct and I see your name and Brian Wilson's name as the secretary is that correct yes yes well um I think one of the problems that we have here is you have asked for a variance and you are not the owner of
the property Melo Wilson cranberry grow Corporation is that's who has to come in and ask for the variance uhhuh so unfortunately we have a similar problem that we had on the last one well
the last one was a little different but this one is um we don't have a the correct owner I know you are an officer of the corporation but legally we have to Grant
relief or at least a address the issue of relief to the actual property owner and in this case it's the Melo Wilson cranberry Growers Corporation so unfortunately I don't think we can take any action on this
tonight and you would have to refile it under the corporation and excuse me just so I don't bring you back a third time and there's a problem um when you come back
I am looking at the officers of the corporation there's still you and is this your brother who's the other one Brian yes okay
well one of you should make the presentation okay um if you want to allow third party to represent you there would be need to be some written
documentation that you're allowing them to proceed on your behalf I see okay just so we have that I don't think we need I think if you Corporation write a letter as the president of the corporation if you're
going to allow is it Christopher Wilson that's correct yes my son allow him to speak on your behalf you can okay um but we are going to have to
have this refiled and resubmitted under the correct name of the ownership of the property I understand okay so uh we're not going to be able to go forward with this tonight
so we're going to have to dismiss this matter there's a question uh John of the okay it's not Melo Wilson cranberry Growers Corporation that's a different Corporation could you come up and speak in the microphone so we're sure that he
can hear you okay well let's uh okay Brian just mention your name my name is Brian Wilson I'm a coowner with Steve okay and it's not Melo Wilson cranberry Growers that's another Corporation oh I
see Wilson cranberry Corp okay all all right I see another one here all right um all right I there there's a I I was just going through the Secretary of States list I saw this one came up so I thought that was it um apparently you
have other ones then is that correct yes one other one okay all right well all right let I'm going to just look at the deed um yes the the deed reads the grant is to the Melo Wilson cranberry
Corporation so that's the actual owner of the property correct yes and the corporate officers are yourself as well as your brother is that correct yes the directors okay is there
um okay um in terms of this Cor Corporation is this a privately held Corporation it's not publicly traded correct no and it's just is it you and your brother that the corporate uh
stockholders yes we all we each have equal shares you each have equal shares yes okay well before you guys go let me uh since you're both here um are you both
in favor of requesting a variance I am no Steven Wilson is in favor of requesting a variance from the town for the for the camper yes how about you
Brian no I'm not you're not okay and you two are 5050 owners of this yes all right well considering everything that else is
going on on the property I don't think it should be allowed well the the issue of the merits okay we we haven't address those yet um but in in terms of who the
petitioner is what the authority of the petitioner would be um if we have one owner that is in favor of requesting a variance and another owner who is not in favor or
against it and you each own 50% I'm not sure how we could Grant a variance where one owner is opposed to it I think you both need to submit the petition I mean you can submit it under the the melow Wilson cranberry
Corporation but if you're going to appear after they file it and say I'm an owner of the property I'm a 50% stockholder and you say I'm against this petition I I'm I'm not quite sure how we take
action if we were in favor of it which I'm not saying we are because I haven't heard the merits yet but if we're not and you're against us even considering it I don't know legally how we could take action on it to Grant it if we
wanted to I think what I would recommend to do because we're going to have to dismiss this tonight because it wasn't filed properly I would suggest that at least one or both of you get a legal
opinion as to how you would approach this if one is against and one is for okay we're already in court for several other things well right now that's not before us
okay and and the issue of this camper may be okay because I believe there violation notices on it but the issue before this board is a request for variance relief and a request for variance relief
has to be asked for for the owner from the owner of the property in in this case we have two owners of uh a corporation who own equal shares of 100% of the property and and we can't take an action that
would go against the wishes of one of the owners it's it's a it's it's an interesting quandry here um and I'm not all I'm saying tonight
is it was filed incorrectly it was just filed under Steven Wilson's name we can't go forward because that's not the owner I'm just saying Mr Wilson Steven Wilson or Brian Wilson I would suggest that you get an opinion from a land use
attorney as to whether if one of you is opposed to going forward if this Bo if they believe this board has the authority to go forward and Grant relief or even deny relief because the denial of relief
prevents the owner from coming back for two years the granting of relief if we granted it we could Grant something that would be adverse to one of the owners so we really need both of you to
kind of be on the same page with this at least from my opinion um so that's why I think before you refile it um you should contact an attorney have this discussion with them before
you refile um because I'm not uh I'm not comfortable going forward to even hear a petition where I know one of the owners who has a 50% ownership in a corporation
which means he has as much you equally have the same power going forward if one of them is against it so um that's about all I have to say tonight do either one of you have any questions before we uh close
this I have no questions and I would have to say that we're just going to move forward with it and just hope for our best okay I mean I I I I'm sorry that you know I I know you've had to refile this a second time and
it's um are you represented by Council and Court yes yes perhaps you could get an opinion from them about this petition that you're putting forward I mean I I'm just telling you
how I feel about it I mean I'm one vote okay you need four out of five to either get relief for or denied but I'm just not uh I I just don't know that we have the legal authority to proceed with a
petition where an owner is against the petition so that's that's my thoughts anyone else on the board wish to chime in on this no I think the the important thing in my mind is that they're co-owners of
equal status and neither one one has a majority vote so I I I I agree with you um um Sean I I I think it's it's it's very difficult for us to go forward when when an equal majority of ownership is not in
favor of going forward either so I I I think we need to to at least uh get some some input from outside attorneys and that would be the burden on the petitioner to get that LE opinion not on this board
yep all right gentlemen I that's it for tonight unless you have any further questions I do not I do not okay right okay well thank you uh just Mr and Mr Wilson for coming in and I'm sorry that we we couldn't address this matter
tonight the Mr Wilson here did raise his hand for other comments I just wanted to rec I was just wondering if this board was aware of the Health Department board that we went in front of and the building department board it just wondering if you guys were aware of all
those circumstances we are we are aware that there there have been some violation notices we are aware that there are some things happening with this however we put our blinders on for that
um when we have a petition in front of us and we just look at something on the merits and and this is a zoning issue not a health issue or yeah you know a way it is because if the zoning is approved
installed it doesn't override the health department it it doesn't override the health department we're only answering a zoning question so conservation Health would still have it'll be right back to square one yeah if allowed
well right now I I don't I don't think this board is going to go forward with a petition from this property unless you are in favor of going forward with it your brother Steve can go forward with
it but if you're not on board I I I don't think we have the authority to rule on that okay just been going on since September 2023 and we just keep continuing with every board well I I
nothing is getting resolved think I think one of the reasons that the town is waiting on this and it's being delayed is they are waiting for this board to make a determination on the zoning question of
whether we would Grant a variance to allow that to be on the property now we haven't looked at the merits of that but we can't reach that if one of the owners is against even having the petition
heard we we can't do that so I'm going to report back to the town that's the reason that we're dismissing this C we're dismissing the case excuse me we're dismissing the petition because it was improperly
filed but that you were on the record as saying that you were against any petition for a variance being heard for this piece of property and that you're an equal owner of the property by way of
corporate shares okay so you're each 5050 so that's what we're going to report back to the town at that point the court may decide to just go forward with this matter I'm
not sure where you are procedurally over there but they they were waiting for some type of decision from us but we're just going to have to report back that we can't make a decision because first two petitions were filed incorrectly and if it's
brought back again which you can if if your brother Steven wants to bring a petition on behalf of melow Wilson cranberry Growers that's properly filed we will open the hearing and if you show up and say I'm against
this then as far as I'm concerned we can't go forward so it's going to stop it okay so that's kind of where we're at or we would rule against the variance
because one of the owners of the property was not in favor of it that might be a reason that we would rule against the variance the variance has a high bar too well not get into the the merits of
that so that's where we're at tonight so uh if this is refiled um under the corporation it'll be put on our agenda again and we will open the hearing as if it is properly filed and
then we will take testimony from the owners to make sure that we are legally able to go forward with this matter okay okay I understand understand all right okay well thank you gentlemen for your time this matter is being
dismissed tonight because it was improperly filed it was not the proper owner who filed the petition those are the grounds thank you very much gentlemen thank you clear one second we're going to let we're going to
let everybody clear the room for a second got about two years at all of these okay we ready to go on the next one the next one is petition number 5070 uh gabrieli dos Santos
Rigo the property location is 48 but larav West jth Mass it's in an r25 zoning District Mr chairman I think we had a clear the room and the discussion in the back of the room before we we have everybody just uh go ahead out and
and we limit the discussion please you're all set Mr chairman okay this uh matter before us is on a one-year review per condition number four of decision 5070 dated February 22nd
2024 allowing a family daycare for up to six children good evening could you identify yourselves for the record please good even good evening I am beo um I'll help um Gabriela with the
translator okay all right thank you yeah yeah she's G you just have her say her name into the record into the microphone okay all right thank you very much okay you're here for a one-year
review a lot of times we like to have people come back and we see how things were going so how have things been going tell us what's going on [Music] so she's saying that everything's going
really well um she maintain um she maintain everything the way that we um that we talk to we decided the last time um the same L sensing and uh um she's really happy the way that is
it's going through okay so everything's still the same okay all right uh well what I'm going to do is I'm going to go to the board and uh for some questions Mr Martin do you have any questions for the
petitioner uh I don't believe so the uh I'm reading a uh oh a letter that's uh was against it but I think that's before last year right December 30th correct Mr Martin that is an older is for reference do you have anything from that
person again uh they're meeting all the criteria that were they were told to do beforehand and the uh the Board of Health has done inspections there take it um I see we have pictures of the
interior clean and neat nice to me the same with the exterior I uh has the no they haven't done an inspection they required inspection yearly what he well state inspection
anyways I guess oh for the E yeah yes they did every year they do it okay yes uh all right I'm not finding any any problem with what I am seeing if
I think of anything else I'll pipe in okay Jay um so are you up to six children now is that how many you're you're um on a regular basis you're up to six or is it yes and it's worked out six has
worked out fine for the full year yes no problem with parking or anything like that parents do maybe no no maybe yeah no problem no problem yeah she's saying that the
driveway is really extended so um she didn't have any issues with the the parking lot and do you do an annual do you have to do an annual licensing is that what it is yes yes State yes for State yes so um that's all I had you see oh Mr n yes
thank you um is there uh is there a board of health inspection by the local government at all um it does only have EC they are the the main board let's say
um the State Board yes the state board but there's no local health department inspection um on an annual basis or no I want to um no of the the health department no we she works um in a nutrition um agency
uhhuh and they normally do um a a fiscalization a what a they normally go um three and three months in at the at the daycare um checking the nutrition of the the kids and all of that but over the board e see it's the main one the
want the renewed Ling check if everything if I if I could uh Dolores this the notice of this hearing went to the Board of Health and you we have not heard anything from them specifically no Mr needs that's all I have thank you thank
you thank you John have any questions um hours of operation still 7 to five Monday through Friday that's no weekend 7 Y no we thank you that's all I have thank you are you aware of any um complaints or concerns
within the neighborhood okay no that she knows thank you Mr chairman okay and I don't have anything in the file from the police department which if there is an issue they generally give us a uh a report as to what went on
um is there anyone in the audience that wishes to speak in opposition or has some comments regarding things that have gone on in the last year at this property if so please come to the microphone seeing none okay all right
I'm not going to ask if anyone's in favor because that's not what this is for okay um so is everyone satisfied uh with the one year review that the petitioner is in full compliance with the special permit
that was granted a year ago yes yes could I have a motion to that effect I'd like to make a motion to uh I guess approve the one- year review okay that they're compliant with the conditions that were in the special
original special permit yes okay is there a second to that motion I'll second second it okay any further discussion hearing none all those in favor please signify by saying I I any opposed hearing none okay well
thank you very much ladies looks like you're doing a good job and uh best of luck you don't have to come back anymore it was just the one time we miss two guys okay no no no you're very nice just for today okay all right today I can every
other Thursday at six o'cl so oh okay I I'll come anytime anytime yep you should stay yep okay we're going to have this lady stay with us all right the next petition on our agenda
is around thetion 5071 Jessica shenko shenko Rose um property located at 144 West Jou Road it's in an r25 zoning district and this matter is also for a one-year
review per condition number four of decision 5071 dated February 22nd 2024 allowing a family daycare for up to six children good evening if you could identify yourselves for the record
please okay and you are ma'am I am Beatrice I'll be here translated for Jessica thank you very much okay so you here for a one-year review and uh how are things going
everything uh going okay she's saying that everything is going great um as we we talked last time um and she's really happy serving with EC and education here on South okay all right well I'm going to
go to the board board to start with for some questions that they might have John do you have any questions for the petitioner just a couple um one of our concerns originally was that you're on a very busy Road West Yarmouth Road has there been any issues uh regarding you
know the drop off or the pickup [Music] she said everything went great um she said that um the parents are falling different times to pick up and drop off yeah drop yeah drop in and drop off and
that has been great no issues with that so they pull into the driveway to drop off right uhhuh yes and your hours still the same 7 to5 Monday through Friday as well yes that's and the number of children you are seeing is six six still yeah
okay very good thank you Mr chairman thank you Mr NS any questions I do have one um the um the owner of the property is Lucas Vieira
no um no now it's Chang it it's Andrea Andrea yes well who signed the application um I can't make out the signature the last time application right it was Lucas
yes um does the new owner approve of of the daycare center okay um he she said that yes when she went the owner the new owner went to um buy the house she um asked about it they
didn't have issue with it and um for now the owner is actually neighbor of the house too so yes she did approve approve everything so it's a two it's a two family house yes so the owner is on one
side yes and you're you're running you're a a a residential tenant running a dayare service at on the other side that's right um Mr chairman is there any issue that the current owner did not sign the
petition well the the no um the way this works is the uh relationship with the owner was as of the land and tenant okay okay um if they didn't want the daycare
and the daycare is personal to the tenant so the remedy if they didn't want to have a daycare there would be to not rent the unit to the tenant makes sense that's how they could stop okay and you have an existing
lease yes yes and that what are the terms of the the the not the terms but the the uh the length or duration of the lease from when to when okay the leas is in turn um of one year
renewal um beginning when yes it was last month so January January okay oh yeah so for one year yeah January again okay that's all I have Mr chairman just for the record I think that that's
important to have in the record that that there has been a change of ownership but it seems like an amicable transition and he's well aware of what's going on because he lives next door yes at least for now M Mr n excuse me Mr
they would also have been notified as a a they were they would have been notified they been notified as as a neighbor okay they would have received it so that's good okay yes thank you that's all I have Mr chairman okay thank you
Jake any questions no I don't have any further questions I think it's been covered okay Mr Martin no same with me this is pretty much a rub statee of the other one okay and I don't have any uh questions as well it sounds to me like they are in
compliance um with the conditions that we set forth in the original special permit um we don't have any record of any police going to the property I don't is there anyone in the audience that wishes to come up and
voice any opinion as to something that's not going right over there if you're a neighbor please come to the microphone seeing none seeing none okay um is anybody prepared
to make a motion that the petitioner is in compliance with the um conditions of the special permit and that the uh one-ear review has been completed I'd be glad to make a motion
that the the petitioner has has met the conditions of the of the uh petition or previous petition and that the one you review is followed in good order and they're and they're in compliant with the conditions in compliance so
moved okay is there a second to that motion second do I have a second yes okay okay dick all right all those in favor please say I I I I any opposed hearing none okay that passes unanimously thank you
very much again ladies wish you the best of luck uh continued luck with the daycare thank and you don't and you don't have to come back anymore un you want to come back and sit the audience and listen to I can't thank you okay or unless you're gonna open up
a DAT else than you so much thank you very much okay our final petition tonight is petition 5161 Sandbar Management Incorporated the property is located at 4 52 Route 28 in
West Jou it's in it's in a B2 and hmod D1 it's only District the applicant seeks a special permit for 44.52 and 40453 provides seasonal employee housing
in 100% of the rooms at the Town and Country Family Resort Motel good evening gentlemen good evening could you identify yourselves for the record please yes for the record my name is Andrew singer attorney here on behalf of the applicant with me at the table is
Joseph morama who is the applicant um I had submitted a summary of reasoning to you I'll keep this brief because you've heard us say the same thing now a number of times um we are requesting uh to renew the special
permit for 2025 um and if you're so willing I would ask you to review it approve it for 2026 as well uh but to allow 100% of the motel rooms at this property to be used as seasonal employee housing as in Prior
years you would imposed uh conditions last year as you had in years past they have all been uh met uh their one of the conditions was uh checking with the police department make sure there were no issues we looked at all the reports there were very minor issues actually
you know things that most of the reports were for offsite uh so there's very little activity uh regarding that all of the conditions that were put on before security you know the security uh gate at the front or the security entrance there the gate at the back um everything
has been done the code of conduct that Joe requires for the residents everything is the same so we're asking and happy to go into more detail for you and answer any questions but we'd respectfully ask if you would Grant the special permit um based on um what was
in the summary of reasoning and the fact that they have been he has been doing this for a number of years now and there have not been any issues no uh I believe there also might be a letter or an email of support in the file and we're happy to answer any questions thank you all righty thank you very much attorney
singer uh Mr Martin do you have any questions oh remind me have we given 100% to any of these places yes which one I think the only other one we did is the what's the one down there just at as
Yarmouth Parker River par Parker River excuse me done Parker River in the the other one that we do give 100% employee housing to we've been focused on 28 as the right location for
these yeah um I don't think I have any oh extra questions per se as long as the they continue to maintain the requirements of the
previous uh belief that was given and that there's enough control on the uh on the employees that's all I get for now anyways okay j u it seems like they've done what
we've asked them to do um is this the this would be what the third and potentially the fourth year is that correct I think yes I think uh yeah Co it was a little weird during covid but I think we were here in 23 2 before and then now that's what I thought yeah this
is the third time I think third time and or fourth as you said um uh that we've been here for the 100% for the special permit correct that's what I thought in complying with all the other conditions of the you're good with all the conditions as they stand previously and yes okay that's all no changes are
proposed for this year yeah everything worked well last year I don't have any other questions okay Mr Den uh nobody living there now I presume offseason still a bunch of cars there are they just did they leave them when they left
or what yeah they're the h2b workers and they've bought cars over the years yeah so they we put them on that side of the property okay so you allow them to leave them in on the premises when they as long as they're still registered y okay um that's all I had M Mr
chairman okay thank you do you do you want to we we should discuss whether we're going to do another year or two um yeah I did have have one question are if I could Sean are all these are all these workers um supporting Yarmouth
businesses or do they do you know a lot of them have second jobs and it's West Yarmouth ianis mainly with a little bit of South Yarmouth okay some of the South Yarmouth make their way into Dennis usually what happens primarily it's it's Yarmouth yes that's
the key that's the reason one of their two jobs would be in West Yarmouth yes that's the key reason for our support is obviously the Yarmouth businesses okay thank you just want to make sure I got that on there that's all I had Sean sorry okay
John yeah so I mean one of my concerns was obviously the neighborhood behind you that they they weren't Disturbed in any way it seems as though that's not been the case over the years so and I'm happy to see a letter of support here from Saddleback um so other than other
than that it sounds like everything's going fine and I don't have any issues with anything thank you Mr chairman okay thank you I don't have that letter I know I got it in an email but essentially what it reads is that it's from a neighbor of
back I believe he's on Saddleback Road or Lane says that there's been no issues and that the Town and Country has been a good neighbor um that was from that was from Kevin enight for what it's worth okay all right um I'd like to just address
the issue of one or two years uh the bylaw does not provide for any more than one year uh special permit the town wanted to keep a handle on all of these and that's why they're reviewed by us each
year uh if the petitioner wanted to request two years I would suggest it would have to be done by way of variance because it's prohibited under the bylaw and they have not asked for that tonight that would be my opinion and if and if
and if I might Mr chairman and that's fine if that's your opinion just just to point out as I read the bylaw under Section 45.2 I think it is it talks about if it's by right it's an annual application to the Building Commissioner and it says if it's not by right for whatever reason
and that's why we're here it's by special permit before the board of appeals so the bylaw doesn't actually limit your special permit granting authority to one year although if it was by right you're absolutely correct it's one it's an annual application so I think you have the legal authority to
Grant the second year doesn't mean you have to but but I think you might have the legal authority to do it by special permit well I I must confess I don't have that open right in front of me right now and I I got myself a newer bylaw because the one that I'm using
where I'm at was an expired one uh but I will review that okay but for purposes of tonight um yep I would not be in support of any more than one year I think the purpose and intent of the bylaw yeah and Sean just as an FYI the
the 12th item in the in the on in the bylaw basically does refer to one year but it's for the Building Commissioner so I think staying in consistency with the Building Commissioner makes makes sense I agree with that okay that's fine wind to have the discussion with you so
we appreciate it okay um is there anyone in the audience that wishes to speak in opposition or in opposition to this
petition please come forward seeing none is there anyone who wishes to speak in favor of this petition if so please come forward seeing none okay uh attorney singer did you have anything else that
you'd like to add no thank you okay um all I would add to it is that Mr morama has done a very good job along 28 I think this is one of two unique situations where we allow
100% um employee housing um I think we in the past have had confidence in him and he shown that our confidence in him is is uh is well grounded because I haven't seen
anything to suggest that he's not in compliance with the special permit and the conditions that we put forward I do have some police incident reports that I have reviewed but they for small stuff you know someone's lost their keys
someone thinks they lost money in a room and I think they found the money after a while but it's little stuff uh that just goes along with I think being in a resort area and just having certain people in groups together uh but nothing that I see that jumps off
the page that would give me any reason to uh the doubt that they were doing what they said they were going to do so I would certainly be in favor of granting them a additional oneyear special permit for the same conditions I just had one
question Mr chairman does the has the ownership changed in the last year or was that done before it had changed to the LLC of which Joe is a part that that had changed um before I think one of the
years I submitted the application I might not have picked up on it it was a right at the end of covid thing yeah but there has not been any change in ownership now in okay so several years and you know the ownership is one thing the management is another and and I
think that Joe gives a lot of credence to the local management So for anybody that might have some concern about an out ofate owner or something right yeah no he is the local he is part owner and local own local management okay and his reputation is that is if there's a problem with and I'm only
going by not only this property but other properties that he owns along Route 28 he does a good job with um you know addressing any of the neighbors concerns if there is any noise or anything if there's a problem he's hands on and I've heard that from Neighbors
that he's uh very attentive to people's uh concerns so I think that should be noted Mr uh chairman I'd be glad to make a motion to approve the request as cited with previous conditions given that uh given that it's
been it's been well received and well managed and uh doesn't appear to be any um Hazard or nuisance to the neighborhood okay second there second to that motion second it was second by Mr Martin oh it
was okay all right we have a uh motion to approve the special permit with the same conditions as uh the previous special permit motion made by Jay seconded by dick Martin any discussion on the motion
hearing none all those in favor please signify by saying I I I any opposed hearing none uh attorney singer I'll look forward to a draft decision absolutely okay well well thank you very much and I don't have to tell you about
the 20-day appeal period I I know you're you know you've heard that probably more than I have so uh thank you very much gentlemen wish you the best uh for the upcoming season as well thank you very much thank you appreciate it Dolores do we have minutes that we
need to approve uh yes Mr chairman two sets from January okay let me see we have uh um we have minutes from January 9th 2025 um at least three of us were here on
that one anybody uh like to make a motion to approve the minutes so moved second second okay all those in favor please say I I I I that passes Le I'll abstain Mr
chairman okay exension Mr meets yep okay um lights all right and I have uh minutes from January 23rd
2025 we have a motion to approve those minutes so moved second second any discussion hearing none all those in favor please signify by saying I I I I okay that passes unanimously I'll abstain again Mr
chairman since I wasn't here okay thank you Mr NS um any other business hearing none do we have a motion to adjourn so moved second all those in
favor okay I that passes unanimously thanks a lot everybody and see you at the next meeting all right than Mr chairman