There you go. Everybody can hear me? Okay. Yes, Mr. Chairman. Okay. Well, good evening. My name is Sean Iiggo. I'm the chairman of the Yama Zoning Board of Appeals. We will now convene the May 22nd, 2025 meeting of the Yama Zoning
Board of Appeals. This is a hybrid meeting as in being recorded. We will begin by taking a roll call for quorum. Mr. Martin here. Miss Murphy here.
Mr. Freight here. Mr. Manton here and I am here. We are a quorum is present. We will now begin the meeting. The first petition on our agenda tonight is petition 5174. This is a continued matter from April 24th,
2025. Mary Jane Yman's property location at 40 Lena Road, West Jarmath, Mass. It's in an R25 zoning district. The applicant seeks a special permit per 104.3.2 subp paragraph 2 and/or in the
alternative of variance from section 203.5 to increase the height of a non-conforming structure to construct a second floor addition and roof deck. Uh good evening. Am I up? Okay. Yes. Could you
identify yourselves for the record, please? Yes, for the record, my name is Dr. Marilyn Brown. My husband, Dr. Frank Southworth behind me, and I co-own the property at 40 Lena Road in South Yarmouth. May I offer a few remarks?
Hold on, ma'am. We need to have everyone identify themselves. I see. Okay. Mary Jane Yman's contractor. Stanley Crawford, contractor. Thank you. Thanks. Go ahead, ma'am. You may proceed. All right. Thank you. Um and thank you for
considering our request for a permit to complete the new dormer uh that was partially built during this past winter. We appreciate the roles that you play on the zoning board of appeals and apologize that you have to deal with
this unpermitted work that took place on our property this winter. Um, since purchasing our home in 2014, we have contracted home improvements to be done by Mike's powerhouse crew, a contractor that Frank and I selected from Home
Depot's approved vendor database. We were not on the premises and did not oversee the work that was done during the winters when we were both teaching at Georgia Institute of Technology in Atlanta.
Uh over the past five years, we have had many inspections of our house when we were present during the summer. One occurred when our electricity uh system was interconnected with our rooftop solar panels. Uh almost every year we have had home inspections to
obtain certifications to rent our home. Uh during those times we have uh for instance upgraded the circuit box for this solar project and we have uh added a storm door for the
um uh approval to be certified and to rent. Uh various other changes were made at that time at this times and we uh thought that all was therefore in good order. We did not realize that our
contractor had not permitted the work that had previously been done and each time was being viewed during these inspections. Uh the neighborhood has been very welcoming. Uh we have good relations with all of our neighbors and particularly with my niece, also a
neighbor, who introduced me to West Yarmouth and is the reason that I'm here. This is not an investment property. This is our summer home. Um the engineering report by deputy building commissioner Tim Sears
identified a number of concerns. Um I don't know to what extent we will be able to address a path forward for each of these but we are willing and able to talk and want to know what we need to do. In the meantime though we are hoping
for um an agreement that we might be able to proceed with the current dormer. It's the middle of a northeasterly. Uh we're worried about the fact that it's partly completed. While it is covered, it's still in danger in my
opinion. Um following all of this though, I did want to say in in u conclusion that our contractor abandoned the current job when a stop work order was issued. And we are very grateful that Stanley Crawford has
agreed to complete the renovation subject to approval of our permit request. He is here to answer any detailed questions uh you might have about the plans and so is Mary Chain Yman's. Thank you. Thank you. Okay.
Well, the last time you were before us, uh we asked you to do a few things and I'm going to go over them with you right now. uh you were to provide access to the building department which you did and I have a memorandum from them which I'm
going to read into the record in just a minute. Uh the building department to inspect and provide a written report to the board on what they find including the upstairs and the basement. Uh again that is contained in the memorandum. Petitioner to provide updated site plan
with the distance from the deck to the side lot line. I think we have that if I'm correct. I'm looking at that right now. Um, petitioner to provide detailed floor plan, i.e. a plan that would use
to build it. Um, well, that's kind of questionable, but we can talk about that. Okay. and the petitioner to provide elevation plan with design change on the right elevation and petitioner to sign an
extension agreement which I think you did the elevations um well I don't know that we need the elevations uh right now so I think we can proceed drop my
memorandum okay well the building department went out and let me just read into the record their memorandum. It's a memorandum dated May 13, 2025 to myself, Yarmouth zoning board of appeals chair from Mark Grills,
Municipal Inspections Director/Building Commissioner Subject 40 Lena Road site visit. Deputy Building Commissioner Tim Sears conducted a site visit on May 6, 2025, and observed the following. Basement
finished, including a half bath does not appear to meet the definition of a dwelling unit. No permits on file. Three dormers constructed, two on the rear, one on the front. The dwelling contains three bedrooms in total, which includes
one bedroom in the finished rear dormer and one bedroom on the second floor. There were also two and a half bathrooms. It appears that the original devel dwelling only contained one bathroom. Aerial pictures from October
5th, 2018 indicate the roof did not have dormas at that time. No permits on file. Rear deck enlarged. No permits on file. Shed contained only tools. However, the shed has been replaced in the past few years with a much larger shed which
appears to be in the front setback. Aerial picture from March 27th, 2019 indicates a new shed. Images from prior years do not show a shed in the back corner and potentially a much smaller shed in the backyard. No permits
on file. All unpermitted work will require proper applications, both electrical and building, as well as demolition sufficient enough to prove work done to all relevant codes. At a minimum, the shed will require a shed permit and
potentially relief from the ZBA due to location attached site visit photos, which I think we all have. Okay. All right. Um, who's going to present for you tonight?
Ma'am. Um, since I don't know what that means, I'll let you. Well, who's going to do the talking for you? Are you or your representatives? Perhaps someone with some tech a little bit of all of us, I think. All of you.
Okay. Well, who who am I directing my questions to? What are you addressing at this point? Are you addressing the passwork or the permitting request to go forward? Now, we've kind of gone over the pastwork. We we know that uh we know what Well, tell me what you've done with
your plan to address some of our concerns. Oh, I can address that. Okay, go right ahead. All right. Um it was our understanding that the aesthetics of the uh house on the east side was felt of
the house of the dormer proposed dormer on the east side um was um not well suited to the windows that had been proposed. And so we took your
advice and changed to standard windows uh of which there are now are two facing that side. That was one thing we did do. And the roof line and the roof line is slightly adjusted as well. Stan, you want to speak to
that? The extension of the roof to be watched with the center. You're going to need to pull that microphone. Why don't you come on up in here, sir? We were going to move the ridge forward to be centered with the house, which what you guys proposed, so it looks better from the side, right? The
elevation. So, what's what's the new pitch in the roof? It's going to stay the same pitch. You're just going to extend it another 2 ft. Right. Okay. Well, I'm not kind I'm not really seeing anything much different than what's there right now. I also don't see a
schedule of windows. Is this the plan that you'd submit to ask for a building permit? Yes. Yes. Okay. All right. They have move on. Okay. The roof line all you wanted
existing pitch was there. You just wanted it to go to the center of the building to make it. But we wanted we wanted that dorma that was in the back that shows up over the roof line all the way to the center of the building. The center ridge. Yeah. Which will be done.
So how where do I see that? It's on the new proposal that we sent in. There's a that's sheet for reference. You have the new stuff. No, there be one more to the side.
What's with this one? This one here, it says second elevation. Mr. Chairman, the building commission has pointed out that it's the May 12th dated item called front elevation. I have that right in front of me. Okay. Thank
you. Everybody has that one on the board. When is this that one? May 12th. Dated May 12th. Front elevation. Yeah. Do you ever get the side?
It shows the two cagement windows instead of the two half windows. Here's the front. Maybe they're talking about this here. Right. The front elevation. Talking about this one. Okay. Okay. So, I'm looking at the front of
the house. I guess if you have it labeled as front elevation. Everybody see that one? Yep. Okay. So, as I'm This is your proposed. So, you what you're proposing is you're going to have a
small gable that comes forward that we're going to be seeing from the street. Correct. Yes. Yes. And the rest of that's going to disappear. Yes. Okay. So that roof line right now, is that the original roof line in the
front? Yes. Okay. We bought it. Yeah. Yeah. All right. So, you're going to have to increase the pitch on the roof, aren't you? Aren't you going to lift the roof up? No. And extend your rafters to come
up and make that other part disappear. Because if you look at the side elevation where the dormer is, it comes in to your center ridge. If you look at the back elevation, you see where the double window is and then the side elevation it
goes into the existing house. I don't think that's what they were talking about. [Applause] And and so how are you going to make that disappear? What's extending over the entire roof right now?
The little piece on the top from the front elevation you're going to see. Yeah. The little triangle. Yeah. It's going to be flush with the existing ridge. Yeah. Yeah. That will be visible. Hold on one second. Do you have a picture of the existing
conditions right now? Um the property card is attached to the All right. Hold on. Yeah. This one originally drawn windows right here it out to three hoppers.
All I'm seeing here is carial photos. We have an existing front elevation. There's a property card attached to the application and there's a photo of the front of the structure in that as it shows right now.
No. When you bought it, that's when you bought it. No, we know what it we know what it used to look like. There's a dormer there now. That's not on that property card as well as the peak does show it on this.
Okay. So, moving along. The only thing you're going to show then is just that one piece in the back. The rest of it will disappear, right? It won't straight. Okay. Right. And on the drawing which shows
the two windows that are now facing east, it's called the rightation. Um there's also a very nice drawing of what the back of the house will look like and it will be a significant improvement. And where is this?
Um that's on the um second floor. Is that the May 8th document? Yeah, the one from the newest. Are you talking about the lower right hand corner? That small little drawing? Yes. They're all very tiny. Yep. Okay.
We would have liked to seen something a bit more to scale. I thought that's what we were going to have here tonight. I have scaled blueprints, but my truck broke down. Okay. [Applause]
All right. You know what I'm going to do right now? I'm going to let the board members ask some questions. I'm going to come back cuz I have some some other comments I want to go over, but we're going to Dick. Do you have any questions for the petitioners? Yeah, there's a lot of things going on
here. Uh looks like there's been a lot of things done over recent years that were completely unpermitted, which is very concerning. Uh you know, in addition to the roof
lines and how they set up and how they look, which is I mean, we just see a little tiny peak on the latest plan given. If you look from the side though, it looks like it's a lot
uh a lot higher. Uh that would bother me. It's 2 feet. The uh 2T um this is in uh RS25 zone. So, the setbacks on the
house, I mean, it's already way too close to uh so-called Priscilla Road, which is actually Lena. Yeah. Um the only setback that seems to be maybe conforming would be Lena Road. Uh we require 30 feet on
both those sides. And now granted that house, the the main house was built at a time. Well, I don't know where how they got away with it then either. And actually, if you go back to the previous
uh um seeking of relief, it uh they were not granted it. Then uh I also have troubles with the shed. Shed's too big. It's within 2 ft of the uh sideline, which
means it's nonconforming uh in all respects. It's also over the leeching field, which makes it real non-conforming. I think uh there's a a lot of issues going on here. And uh
I mean I don't mind the house being improved and enlarged and so forth, but yeah, that can be tough to do when you're dealing with such a small lot to begin with. But that's all I have for now. May I comment? Yep. Yeah. So, uh the
house was built in 1950 and it's on a corner lot as you know, which makes it very difficult to not um violate the now zoning setback requirements. um we are not increasing the size the footprint of the
house. I may I may be wrong but even since the 50s I think the setback was 30 ft from the streets. Um the sideline setbacks which in a corner lot like this would have two sidelines that would be 15 ft.
Um now actually when it was built it would have been six feet. Uh but the shed doesn't you know even even a shed that's uh less than what is 150 square ft. 150 uh is supposed to meet that sideline
setback which would have been six feet. Uh and being over the septic system is a big problem. If you look down our backyard across the adjacent properties, everyone has
one after the other shed lined up and as long as they're six feet from a sideline and less than 150 square feet, okay, that's okay. Um, I don't know without looking at a
whole bunch of things as to whether somebody's got a great big one or not and so forth. Talking from the back line. I'm talking about the sideline along uh so from the street she's along and um along Andrina right here, right? So she's got a lot more than six. What's
that again? You got a lot more than six feet from Andrina Street to the side. No, no, no. from the sideline for the next house up by and on and Bolan's property. Mhm. Y right here. Uh space right here. And uh so that's
nonconforming and would certainly need relief and and we don't typically like to do sheds that are that close to the lot line. Uh even though there are some of them out there, no doubt about it. Uh so
I mean I don't know. There's just a a lot of issues here, but I'll let my uh my other board members we had in our backyard entirely enclosed with fences when we bought it. Yeah. And
the uned is within the fence. So, we thought that I can see why you'd think that would be okay. And unfortunately, it's always best to come to town hall and find out what's going on um and what you would need relief from at that time. And that should have been
done and hadn't been done for any number of years apparently. Yeah. Defense. Oh, okay. I mean, some things that were done prior to you and I understand that that's unfortunate. Anything else at this time, Dick? 16. You may have more.
Okay. Uh Barbara, do you have any questions for the petitioner? I I think I'm just dismayed that no permits were ever pulled for any of this and I think um I pretty much can't get beyond that. So, okay,
Jay, any questions for the petitioner? A couple things. Um one, obviously the permits. I think no matter what happened, they'd have to go through the process of pulling all appropriate permits and working with uh the building department to make sure whatever necessary changes were needed to to uh
in allow all inspections etc. So that minimum I would think that would be a condition of whatever we come up with. Um how large is that shed? 8 by8. It looks a lot bigger than that. 64 square feet. That's it. Yeah, I'm
pretty sure it's 8 by8. It's the biggest 8 by8 I've ever seen in a while. So it could be 10 by 10, but I didn't go out and measure it. It's less than 150 square feet. I I'd want I'd want bigger than 10 by 10. I I'd want to know exactly how large that is square
foot. and and if it's more than 150 square feet, then we have a lot of other issues to deal with. Um, as far as like the size and the the how close it is to the So, I'd want to know that at minimum 11 on it. It's two sheets. What's that?
It's got texture 111 on it and it's two sheets wide. So, it's 8 by eight. Pretty sure 8 foot wide. That's eight foot. Yeah. Okay. Well, I I'd want to see a real I'll get exact size. So those that that's one those are some of the questions. So I think my
biggest thing are what's the qu how large is the shed currently because that's looks like it's a question and then obviously all building permits um are a problem as far as as far as your request. Um I mean the design is not my
favorite but it is what it is. Um, and uh, you know, if if all those things could be done, I could see how there's possibility that we could approve a building up, I mean, a a um, uh, approve something that might give you the height that you're looking
for because this again, how tall is it at that very peak? Right now, this house is 16 foot eight, I think, and the ex the new proposed is 18'8. It's two foot difference. Okay. So, I mean, that's well within what you can do, I think,
from a height perspective. Um, I think your issue is going to be more of the permits and things like that that aren't aren't pulled, but we understand all the other stuff has to be taken care of. That's all I have. But on this particular permit that we're secure, do you have any issues with that particular
aspect of the project itself? I know you have concerns about all these other things, right? But I'm looking at this one particular project that you can look at that. But we would be a condition that all those other things have to be taken care of first. Absolutely. Before we approve anything,
I'm sorry. Go ahead, Sean. Anything else, Jay? That's it at this time. Okay. John, do you have any questions or comments you wish to make? Just a couple. Um, you know, I was curious about the size of the shed as well, but um, so this drawing here, is
this how the I drove by it, but I can't right more. And is this how it would look right now if I if I look at it? So, basically that rear dormer, you're not doing anything to that. It's staying the way it is. That's where the
this proposed dorm is going is at the rear. You're just extending it further out a little bit closer to the roof ridge line. That's okay, too. Okay. Gotcha. And then you're putting a deck on, right? There'll be a deck off to the side. Off to the side. Um,
yeah. I just wanted to understand the other thing is in on this one of these planes, uh, there's a proposed garage. Yes, that was might down the road. Not now. Okay. So that's got nothing that's not you're not
looking for any any relief for that. No. Okay. Um All right. I've got a pretty good understanding what's going I'm all set. Thank you, Sean. Chairman, I had another another question to go ahead. Yeah. If I'm looking at the aerials of the deck, it looks like there's just a
tiny bit of the deck uh jutting out toward the house on Lina. And uh and then if I look at the plan to show what's there now, it looks like it's a lot more than that encompassing the outside shower and so forth. So
apparently that deck is also uh newer and would come under uh setbacks now which would make uh that built illegally and and not to code as well. No.
Okay. There's a drawing of that deck um which is almost identical to the current location of the deck on one of the other um all right on this drawing that has the the photo of the house. Um it shows
that there were two windows on either side. There was an attic. There also was a uh workshop when we bought the house that had a uh sink in it. And uh it shows that there was the deck that wraps around. It's almost identical to the
current proportions. This is I think the guy that did the I I just changed that's identical to the 2021 AU I'm looking at. But uh uh newer diagrams here show that going
much closer to that lot line. So apparently that deck was added onto without proper permitting it. We did have to replace that rotting deck. This deck was But doesn't mean you can just enlarge it. Mhm. It didn't get very
enlarged. Um yeah, I uh it's there was a rationale for it. We were trying to stretch it so that the outdoor shower could be attached to the deck. If you look at the uh newer plans,
it shows outdoor shower, you know, uh encompassed by the deck when the older plans show it and pictures show it uh to the side of the deck which went to the so-called rear of the house. Uh so
that's enlarged toward the property on substantially uh on the Reno Road. Oh yeah, it it's and it's not a deck. It's a patio. It is not elevated and it's not attached. I
would call it a patio. I think that uh the dictionary is consistent with that interpretation of the use of the word patio. If that makes any difference, I don't know. It does to us. It could if it was met the definition of patio. I
but it doesn't meets the definition of a deck. Well, more particularly meets the definition of a structure which is defined in the back of the zoning bylaw. So if it was built on the ground, it's a structure. Still a structure. And the what the document that you just showed, Mr. Chairman, this is Mark Grills,
building commissioner. The floor is yours, Mr. Commissioner. Thank you. The document that you just showed is actually from the assessors. The assessors don't declare whether or not something is permitted properly. They're there to tax you. So, they want to measure the structures that you have in
order to tax you. Another comment I have about the shed. Uh it's not just the size of the shed that's an issue. It's the deck that's attached to the front of it, which increases the footprint, which may put you over the 150 ft, which would require you to be 30t from Priscilla
Road and 15 ft from the adjoining property at 2 Andrina, regardless of the size of the shed. You still need to be 30 ft from the roadway. That is your front setback. Every structure needs to be 30 ft without relief from the board. That's all I have. Thank you. We would
like to seek relief from the board because the 30 foot setback from the small side of the house and road uh is just I understand in previous cases
that corner lots have been given some accommodations. They are on their sidelines but not necessarily in we we have sometimes given relief for that. Although this is quite a bit of relief to take the deck
off. Well take the deck off the shed. Take the deck off the shed. So now your footage is dropped. Well ma'am before you take the deck off the shed. That's going to require relief and you haven't asked for that tonight. So we can't grant you relief relative to the shed.
We can only grant you relief on what you've asked for. So that that's not on tonight's table. Okay. So, you're going to have to come back on that one unless you find a place to move it that meets the setbacks, then you won't
have to come back. But I'm not quite sure on this lot if that's going to be possible. Um, are there any other questions from the board? Um, ma'am, when did you buy this house? 2014.
2014. Okay. And that uh finished basement right there, your property card says it's unfinished. When was that finished? Three or four years ago. Okay. Who did that
work? That was Mike's. The um Mike's powerhouse crew. Okay. So, you said Mike Yman's. Is this the same Yman's as Mary Jane Yman's? Unfortunately, I'm related. Yes. And how
are you related to Mike? He's a sibling. Okay. Brother, sister. Okay. All right. That that's that's just curious. I have no control over that. That's that's really not before us tonight. Not the issue at hand. All right.
Okay. So, that was finished off. Um, and it appears to me by looking at the pictures that that is uh livable space down there. I see kitchen cabinets down there. I see a bathroom down there. I see what appears to be a pullout couch.
So, I'm going to and a separate entrance. So, do you rent that out separately? No, we absolutely do not rent the basement out separately. In fact, we have on the Airbnb a maximum Frank, is
it six adults? Three uh three bedrooms. We advertise three bedrooms. Okay. How many B and Okay. So, three bedrooms. All right. Well, I I'm looking at your plan here, your proposed
plan, [Music] and let me see what sheep we're working here. I guess it would be the last sheet. A well, you've got I think you got everything listed as A1. Um, this shows
the three different levels. The first floor plan, the second floor plan, and the lower floor plan. Now, on the first floor plan, you show two bedrooms and you show a study, you show
a kitchen. So, you got two bedrooms on that floor. Then you go up to the second floor and you have I guess that's a bedroom there outside the roof deck where the go onto the roof deck from there. But this other
room that's sitting there, what is that? This big that's the proposed that is the proposed art studio for my husband Frank Southworth. You can see some of his art by the way in photographs that you have
in front of you. and he would be the principal occupier of that artist and residence. Uh the room is not going to be completely finished. That is it will not have four walls. It has an open area open space uh
to the north. Hope I got my light for the light. And he um had there will be no closet in that no bed. There'll be a lot of easels. Well, what if you just decide to Airbnb
it? Then what? We cannot Airbnb it for more uh bedrooms than we have approved for occupancy. That's you've gone through the town for that. We've already had many inspections over that.
Um, it's been discussed by those who've come to certify our Airbnb rental. We don't get that many people in. We don't rent that much. We're talking three or four times a summer when we're not there when we leave during the summer.
I mean, we come for the summer, but occasionally, almost every year, we go to Europe. You might have detected my husband's European. So, during those times, we like to rent. Okay. You know, I I guess one of the issues that I have, this is only a 6,500
square foot lot, and there's a lot going on all over this lot in the interior as well as the exterior. So, I would be inclined if we were going to approve this new second deck floor
that you be uh strip that seller down to the bare minimum and have just storage. Would that be something that you'd be willing to entertain? Um, it is my office when I'm there. It has I have to have a place for my Can't you when you How about the study that's
on the first floor? Why can't that be your office? Because it's too open. You come down the stairs and you're right there. Took the I mean, I can take the cabinets out. Those were those were just gifted to us. You know, handme-down
cabinets. Yeah. I can take that those off. Take the sink. Take No, I don't want to take the sink out. No, the one outside. No, not even the one outside. But surely we can make it get rid of the some of the unappealing furniture,
right? Yes. Right. Well, I I think at least from my perspective, I've got real concerns with this property. It's just been unpermitted for everything that whoever wanted to do it just decided to do it. And now you're I I won't put words in
your mouth, but I think what you're asking us to do is just to prove what you have and you're sorry and it'll never happen again. Is that what you're saying to us tonight? I'm saying the basement is a office, principally an
office. Welcome to take a peek at uh I have pictures of it right here. Yeah. But I don't think you could see the office section. Maybe you could. You have all the pictures of the basement. I don't see any desks down there. No, there is. There's a big corner desk and
monitors and all, you know, on it day and night. Um during the summer, but I don't think that that's inconsistent with my arguing it will not is not a bedroom, will not be rented out as a bedroom. We will not accommodate a bed
there. Um we have a sofa there. That's true. That is a pull out so far. We put a plain one. Take that one out. It's very hard to pull out, by the way. I think I've pulled it out once to try it. I think uh I I think for my for me
to support this, there's going to have to be some type of mitigation in here. There's going to have to be a tradeoff in terms of if you want to expand the second floor, we need to take away from somewhere because there's just too much going on on this site right here. And then we're going to need to
talk about the outside. So is there so it it what I'm suggesting is I mean you you need storage and the seller is a place to store it and that's a seller.
Do we need I'm not sure if that shed of yours is going to remain uh where it is. Uh or if you can find a place to put it. It certainly looks pretty good size to me. And I think with the decks you're going to exceed the 150, but that's probably going to have
to be moved. So, do you think that we just bulldoze and build a five- bedroomedroom house like you approved um two sessions ago? Well, we're not that's not in front of us, ma'am. your petitions in front of us tonight, ma'am. But I know that you have
some sense of So, okay. So, is there anything else you'd like to add at this time? Ma'am, I'll think about what you've said about in somehow ensuring that the basement is a
non occupied space. There must be some way to make that. Well, what I'm suggesting is is you get rid of it. You, you know, you take things out like you take the bathroom out, you take the kitchen cabinets out,
you bring it down. We'll let you keep the walls, but it's got to be storage basically. Finish storage cabinets out. I think we should ask to leave the bathroom ask for permit on that the kitchen cabinets
but leave the bathroom. It's already done. Bring it to code. Yeah. I don't know if you heard Mary Jane Yman's comment but speak. Yeah. So she was she was saying that uh we definitely can strip the cabinets. It's um seems and we
want to bring the bathroom to code the one that's in the basement and I'm understand from Stanley that that can be done with the space that we have. That would be my proposal.
Okay. You have a plan that that you would like to propose on that. You need to have a plan, ma'am. And you need for us future relief. We'll get you the plan on that and we'll get you a plan on the deck on
the plan on that for this petition. I think tonight we're going to make some decisions relative to this petition. Right. Good. Okay. Well, we were planning on moving forward on all four all four points um that uh
Mark Grills had identified in order to bring them into compliance. Absolutely. wholeheartedly and with enthusiasm. We'll do that. Okay. Well, I think right now I I'm
trying to find a way for me to approve what you've done upstairs and be consistent with the amount of space that you have on this lot, which is very small. Uh, I mean, your driveway, half of your
driveway is in the town layout. You can't even fit a car on your lot right now. You're in the town layout. Did you know that? What does that mean, town layout? I'm not familiar with that term. Could you your contract? You don't know what the
town layout is? The swale, the pen. See that dark line right there? The town actually owns that. Now, you can you can use it, but you really don't have sufficient parking on your property to handle cars. You're relying on the town
layout for your parking. You know, as the house was built and has been ever since we've known it, that's like a totally new and separate issue. So, I'm not sure where that's coming. Well, I'm just saying. So, I I'll just get back to this because we're
going to move it along. So my suggestion is there needs to be some mitigation. I've looked at this and and I think that for me to support this I I I think and I don't think you want to get rid of anything upstairs. You
want that. So I I I think we need to take away from the basement. That was not permitted. Whether we'd allow that or not right now, I don't know. But that's not before us. What is before us is a
number of unpermitted building projects over the years. Uh and now we're here before you're here before us tonight and you're seeking to bring it all together and get
our stamp of approval on everything you've done that's been illegal. No, we're seeking approval. I and I some it's all fact specific. It's all case specific, petition specific. Okay? Sometimes we
can do this, sometimes we can't. But right now, the the issue that I have is there's just too much going on in this house. You've got three full floors. It's a small house. It's a small lot. You got decks everywhere. You got
sheds and decks with the sheds. So, I'm proposing eliminate basement that you eliminate the basement for all but finished walls and that means take out the bathrooms, take out
the kitchen cabinets. Okay. So, that addresses the basement area. You got two other areas of concern. You have the deck and then you also have the shed. So, what do you propose on those as well? Well, I I may uh before I I say anything concerning that, I'm going to get some
feedback from the board. So, is there anything else that you would like to add at this time? Who are you talking to? I think we I'm talking to the petitioners. Okay. Um is there anything else you'd like to add, Marilyn? I personally um I know that the
homeowner is more than willing to bring each and every every area of concern into compliance however you want it done. And I think it might be a dialogue going forward back and forth where we could because it's a hard thing to
decide right here and now what she wants to mitigate and what she doesn't. I believe it would behoove her to have some time to digest all of this and come up with a plan. she and her husband can discuss it and try to bring something before the board that might actually
satisfy all your concerns. Are you asking for a continuence? Do you think we should at this point? I uh want definitely to not make decisions on the four areas of concern uh that were identified in the report. We want to
tackle them. We can't don't haven't had the time to uh address the best way to do that. I'm hoping to come to a good resolution on the dormer because it's sitting very exposed and weather. Um,
and if you I guess that what you're probably going to be um reluctant to do is to do something like that with just a promise that will deal with those four. But I promise you that we will deal with
those four to your satisfaction. Th this is what we would do tonight, ma'am. We would either, if you just wanted to go forward with what you have and say you'll do everything and bring it up to code, we would have a vote on whether we
would approve that or not approve that. You need to get four out of five votes to be successful. There are five members sitting tonight. I'm already getting no vote on that. So, if anybody else votes no, that means you're just sitting where you're
sitting with a stop work order on your house. And no, if that's the way we go, a no vote means what? Stop. It could mean a lot of things. For one, you're in violation of the building code. You
could be fined up to $300 a day, right? But that's not my department. That would be the enforcement department. We we definitely want to separate the new project from the old projects and then address the old projects to your
satisfaction. Bring them into compilance. Get rid of the deck. Because right now we have a structure that's open to the weather. And we realize you have us over a barrel because we need your approval. But we would like to close in the structure to
the weather and if we need to modify it in the future, however you want us to do it. But right now the structure is ex open exposed. We're having a bad storm and we do need your approval to close the structure in. And that's what we'd
like to get tonight. And we will address all these four issues another time, however you want to do it. And if it means she's got to rip out her entire basement, then that's something she's going to have to do. But right now, the roof structure is open to the weather.
We would like approval to close it in and to finish it going forward. We did meet all of your requests from the last meeting regarding this one specific phase that we're talking about. We understand you have all these other concerns and we can understand everything you do is going to be
contingent upon those other issues being brought into compliance. We do understand that. But we have an open structure right now and we're asking for the board's relief to close up the structure. Okay. Well, well, uh,
and I would like to comment that I am am, uh, listening to your suggestions for about the basement and the deck and the shed and I mean and the not the deck, the the shed. I don't know what we
do with the patio. U, Mr. Mr. Chairman, I also have another issue that I've determined. Uh, go ahead, Mr. M. The field cards and everything have called this a three-bedroom house. And if you look at the Oh, the plan from May 8th, it shows
the first floor plan is two regular bedrooms, living room, and a study. I think the study may may be called a bedroom under normal circumstances. Uh because if you look at the
plan from that same time frame, the uh uh everything the new plan shows another bedroom and bath up there cutting down the size of the so-called upper great room. And if then if you go
back to the May 8th plan that just shows his upper great room all that um with a roof deck I guess but that that's wrong. That drawing is wrong. Yes. It's supposed to be a wall. What they has drawn there is the beam the structure
the beam that carries the room. This one here. Yeah. Right there. It's supposed to be a wall right there. was separated before any changes were made. Was the upstairs uh a vaulted upstairs? Was it a um it's
just a standard height ceiling? Yeah, kind of a dormatory or it was a bedroom. There are pictures of it um in that you have from back then uh that shows that they're little tiny pictures.
Oh, I know what it is. It's on the um uh the sheet that we uh purchased the house from the erra Cape real estate. It shows photos. I know it's very tiny, but you can see that there's a very nice second floor bedroom and then there's a
workshop with a sink on the opposite side. So, um and it's described as having a second floor walk up finished attic with peaks of the salt marsh. which we've never seen, but we're
looking forward to perhaps from our new tech, Salt Marsh, might be seen. I don't know. Well, well, I I I think we can probably all agree that looking at the original property card, there was only one floor with an unfinished basement and there were three
bedrooms on the first floor. Could we all agree with that? And one bath. And one bath. Right. Um, you know what? I I think this is what we're going to do here tonight. Um, I think I'm going to ask to hear from the audience. If anyone's here on this
petition, if they wish to be heard, please come to the microphone. Anybody in support of this petition, please come to the microphone. Seeing none, Sean. Okay. Anybody in opposition to this petition who wishes
to be heard, please come to the microphone. Seeing none, Sean. Okay. Is there anything else you'd like to add? Petitioners? No. No. Thank you. Okay. Well, what we're going to do right now is we're going to
close this to the public comment. We're going to go to board for discussion and we're going to have some comments and thoughts from the board uh relative to this petition. Uh, Mr. Martin, your thoughts? I just think there's unfortunately too
many ifs, ends, or buts as to what has been completed without permits and and uh and the fact that they want to continue to complete that without well, now not now with permits. I'm sorry, but
uh I I don't know. There's just too many issues I think that they have to address. Okay. Um, Barbara, your thoughts? I I think, you know, I'm just totally dismayed at flaunting the whole permit process. So,
[Music] um, you don't have my vote. Okay. Jay, your thoughts? Well, I I agree with everyone as far as the permits and and needing to have all that taken care of and cleaned up. At
the same time, I don't want to have the I don't want to have the homeowner get in worse position without being able at least to close in the upstairs. Um certainly not to finish it, but maybe to make it at least watertight. um and and maybe get some feedback from the building department about how to go
about doing that without doing anything else until they bring everything else into get permits and bring it into code. Great. I I think that's a possible reasonable approach to this, but you know, this is really bad. I mean, you you can't expect us to make approvals on
things that when it's this far down the road with so many different changes that are obviously done, you know, and excuses after the fact just don't work, especially when there's five or six different things. So, so I'm having a real hard time even doing that much or even suggesting that much to be honest.
That's all I have. Thank you, John. I'm inclined to agree with Jay. I think we should offer them some solution to close that dormer up. Uh so there's no damage done to the house in creating another problem. So uh you know
certainly there's a lot of issues here. Everybody's aware of that and it's all been stated. But um I'm wondering if we can't do something at least for that exposed dormer uh and then you know find other solutions to resolve these other
issues. Okay. Well, one suggestion that I made is to remove the basement, what's been finished down there. Would the board be inclined to support this petition if the
basement was now not a livable area, meaning the removal of the bathroom, the removal of the kitchen cabinets, and just leaving it as a basement for storage. I'm not suggesting they have to remove the flooring and the sheetrock. I
don't think we need to do that. Just a second. Would that be something if that were done, would that be something that the board would then be inclined to approve the balance of the project only the house itself?
You know, Sean, to me, it's one more thing that just hasn't been permitted. So, you know, it's like how they bring that into compliance. may be just take everything out or or make it uh or get approval in a permit that would make it appro make it fit. So um you know you
you can set that condition I guess but I would prefer to say allow them to close it only close it in to be tight and not do anything else until they work with the building department to get these permits cut and make sure they're in
compliance with all codes. Well, the issue that I have there is basically what we're saying is if you go get all that done, you can keep everything you have. No, I'm not expecting that. No, no, I don't. I'm not saying that. I'm not saying that. I'm
saying if if they can't if they cannot get an approval, a permit that fits these types of things, they're going to have to make changes. So, whatever the building department comes up with for them that they have to do, they're going to have to do it. Yes, we understand
that. That's that's the bottom line. And they can work with the building department, I think, to do that. But I don't I would hate to see them get damage done because they've started something foolishly that they didn't have permitted and didn't have didn't get done properly. So that's all I'm
saying. So, well, I'm looking at this right now and it looks like it's tight to the weather from from my perspective. Well, I don't know what it I don't know if it is or isn't. Hop on it. Hop on. I'm looking at a roof right now and it's I'm looking at the whole second floor all wrapped. All the window openings are
all closed and uh the bottom part of the house is all tight to the west. So I guess my question is what needs to be done to make it tight to half of the roof has to be completed. The left half is already plywood. Right half has to be you're talking about shingles. That's it. Plywood have a couple more raptors
and plywood on the right side. The left side's already plywood. It has to be shingled. Where are you cutting rafters? You look at it from the rear. Yeah. The right side. You're looking at it finished cuz you're seeing the gable. The gable's already done. The raptor's
behind that. And Oh, they've still got to come out and cut the You still got to come out and cut away the the other roof to build that roof deck. Correct. And then bring that dormer out. No, no, it has nothing to do with that deck. Just where you see that dorma, the roof line, the right side of that was wrapped up.
They're going to extend that all the way out. Yeah. More. And I'm assuming, Sean, that anything that is not in compliance would have to be resolved. So whether it's that whether it's the new deck that now extends another couple feet, four
feet into that side setback or it's the shed, those things would all have to be resolved before they could move forward with anything besides closing into the weather. I agree with that. But that's that's the building department's job. Our job is to determine whether this is
substantially more nonconforming. So that's that's the standard that we're looking at tonight. Mark will look at whether they're in conformance with building codes on based on anything that we approve or we don't approve. So that's what we're being
asked tonight. Okay. Okay. Well, what they've done, the one thing that they've asked for, I don't think is more nonconforming because it's only 18 ft high. So, what I'm saying is there's a lot of nonconformance that they've done that has not been permitted. Those are
the things that I think need to be resolved and it includes coming back to us if there's things that need zoning requirements before they do anything more than just close it in. That's all I'm suggesting. Okay.
I would not be in support of that. Okay. Anyone else wish to speak? Uh, I might also add, has anything been done or talked to with the board of health relevant to the shed being on top of the leing field there?
No. No. I didn't realize it was until we saw one of the drawings recently. It's not very much on top of it. Well, it's up on cinder block. So, there is an airflow the ground. I'm sure the board of health would have to get involved in
anything here anyway because you have extra bathrooms that weren't approved. So, there's a lot of things that you're going to need approvals for. Yeah, we understand everything has to be taken care of. I mean, we I came where's that promise that we did? We
land in the four. Okay, I'm I'm going to I'm going to stop you there, folks, for a second because this is board discussion right now. If we want to come back to you, we will. Okay, thank you. All right. So th this is and and I think Gay makes some good points about, you know, you
want to close it in, but the problem is is the question before us right now is I understand what they are asking to do, but we're being made aware of all of these violations. And so they have a new violation. They're asking us to approve
and turn the other turn a blind eye to everything else that they've done. So with me, I can't do that. So I want to address the whole house. I think the whole house has three finished floors. I think it's too much for that site. It's
a 6500 square ft lot. It's got structures all over it. If we talk about decks and sheds and sheds and decks, and these things have to be addressed, and I think they need to be addressed in this petition. I'm not willing to vote to
approve allowing them to close this in and then get with the building department and bring everything else up to code and then they have three floors which I think is too much. So what I've suggested is probably the the least painful of
what they can do and that's remove the basement. Okay? And all I'm saying is take the bathroom out, take the kitchen cabinets out. you can leave the rest and then I think we could probably move
forward with talking about allowing them to finish. I I'd be inclined to allow them to finish that with that condition with the basement. So, is anybody else in agreement with that idea? So Sean Sean would you would be in agreement to
approve this if they and allow them to just close it in, you know, if they number one under condition removed or cleared out the basement and number two um conformed with all of the ex existing
non-permitted work. Well, I'm what I'm talking about is and and I think we have to talk we're we're going to all of this is going to be in a decision because they need all of this really addressed. Yes. All right. Because they could turn around tomorrow
and get a violation notice just on the the decks that they have. They could get a viol before us. So, they'll have to deal with that. We're not talking about that. But it's I'm just saying it's listed as one of those items that they're going to have to deal with for what so
um but they didn't ask for that relief tonight and where it's sitting right now it it needs relief. So I think they need a separate petition for that both for that and for the deck. As far as the house is concerned I want to deal with the house. Now what they're proposing
here if they want to do it on the first floor the second floor they rearrange the roof lines to make it more aesthetically pleasing. They changed some windows around. That all moved in a positive direction, but I just think there's too much going on inside this building to
just let three floors stand and just have them go in and get certified that they're up to code and keep what they're doing. A quick question, Sean. So, um, and Mark, may maybe you can chime in on this. So, if we go down in the basement
and we remove cabinets, uh, and the half bath, is that what you're proposing to? Yeah, I think it looks like a So, does that but but they still did a lot of work without a permit, Mark? Right. So, Well, that's correct. So, they still need a permit. Don't tear it all out and
put it back. Right. That's that's the only way to satisfy I'm sorry. That's the only way to satisfy that issue. uh get around the permit is to rip the whole thing out. Correct. That that would be the most
draconian uh of the solutions. Yes. So by what I'm saying is we haven't really solved the problem by just removing the cabinets and the half bath with respect with respect to the basement. Uh Mr. Well, the basement I want to convert back to a basement. Right now it's
living quarters. I think anybody reasonable would take a look at those pictures and agree with that. Mr. Chairman, if I may, Mark ReS, the the basement is finished. The basement does not meet the definition of a dwelling unit. The basement could be
permitted by right without coming to the board. Uh the board of health would or the health department would have to apply for permits to finish the basement. Um, but they are going to re they are going to be required to conduct quite a bit of demolition in order for us to conduct our inspections to confirm
that all the construction complies with 780 CMR. Okay. And this hold same holds true with the with the other two dormers upstairs. Um, and then I have a few structural questions that I'll address with the with the petitioner at a later date.
Well, I I agree with everything you just said, but from a zoning perspective, I still have a problem with just too much going on on this site for the size of the lot. It's a
tiny lot. And so, to me, there's just too much square footage of living area for me. So, you've heard my suggestion. Uh, at any rate, we're going to have to move this along to some type
of a vote. Are you I don't know why we're I I don't know that we should absolutely continue this matter. Uh, because why would we continue it? Carolyn, you need to speak up. May I uh confirm? Hold on here for a second.
We're the board is having discussion. Well, I mean, if if that would um allow them to finish that dormer, uh then I'd go along with that. Sean,
you'd go along to finish the dorma with what? With uh you know, your suggestion on the basement, removing cabinets, etc. Cabinets and the bathroom, right? And that would be a restriction on this
house that it would not be finished. It would not become lit habitable space without further. You you could come back to the board of appeals, but there'd be a condition in the decision that wouldn't allow
that. Might a future board consider it? Maybe. I wouldn't, but a future board might. So, is anyone else I'm all I'm suggesting is it may be a way that we can have a happy
medium. It's the only alternative. If you're going to say go ahead and finish the dormer, then you might as well just say go ahead, everything's fine. Just finish everything up. Make sure it comes into code and what you did is okay. And I don't I don't think that the whole project is substantially more
non-conforming. That's what a vote to do that would be. But I don't see it that way. I just think there's too much going on on the site. I think everything together is substantially more non-conforming, especially if they
decide to rent this house out. You're going to have cars all over the place. And they have a history of renting it out. So, I think it was probably safe to assume that that's what they will do in the future. Not that they don't have the right to do that. They can do
it. So, does anyone else have any suggestions? Made mine. Okay. Say, Mr. Chairman, am I allowed to say that my husband has retired and I am about to and we plan on coming and spending more time here, not renting
more just that for context. Mr. Chairman, U Mark Rose, building commissioner, they what they're asking right now is can they make it weathertight? And by weathertight, they could plywood the roof that could ice and water the roof, keep the windows closed up. Um, and that could be done,
you know, without finishing it. At least make it weathertight. that's what they're trying to do to prevent any further damage inside the structure. Um, and while we're working through the permitting process, there's there's quite a few issues with permitting we're all aware of. Um, would they be able to
um increase the height of their pre-existing non-conforming structure, which is what they're asking for, but until um until we come to resolution on that and wait for the remaining permitting to be done, can they make the the dormer weathertight to prevent any
further damage? I think that's what they're asking. Yes, it is. That's what I I And to answer that question, I've got no problem allowing them to do that, but that's not that's not granting them the relief that they're asking for. If you want to if you want to close
it up to protect your property, that's fine. You can as far as I'm concerned. But that's not that's my request is to finish it. Yeah, that's right. That's your request. It's if you want to go over there, I mean, I have no problem
with you securing your property, but you're asking to be granted the relief. That's what's before us tonight. And I think the board would not be doing their duty to just disregard all of the previous illegalities that
have gone on in this property right here. And it was knowingly. It was not by mistake. and it was done so under this petitioner's ownership. So, we want to do that and we don't take
a vote tonight. We can continue it, but what are we continuing it for? So, Sean, let me let me try something else here. Um, right. Given that they can just tighten it up on their own right now, they're not restricted from doing that just to keep it weathertight. Um and uh
and what they ultimately want to be able to do is to expo expand this. Why wouldn't we say to them, "How about a continuence or pull your current proposal and clean up all the issues first and then come back to us at a diff
at a later date for approval for a non-conforming extension of height? because then we're allowing them to get away with that illegal stuff that we may have not approved had they come before us before. And they're not allowed to do it. They're not allowed to. It's they're
out of they're out of compliance. They're going to get a violation notice if they do anything because they it's not allowed. So, I'm just trying to find Mr. Frank, are you suggesting that they withdraw the petition? I'm Yeah, I'm suggesting they withdraw the petition, work with the building department to
clean up the problems, close it in, just that's it, but not finish it because if you finish it, you're not going to be able to work with the building department to get the proper approvals and inspections anyway, right? Uh clean that up and then come back to us and talk to us. Show us what
you've done and ask for an approval. What if you I won't I won't put words in the building commission's mouth, but I don't think he can do that. Well, without our permission. Well, he can certainly stop work order on this.
It's a violation of zoning. Yeah. Okay. I've got nothing else. Well, Marilyn, you need to speak up. Why don't we uh why don't we try to We do intend to bring all four of the issues
up to ma'am. I'm sorry. I don't mean to repeating that. I'm sorry. I wanted the bathroom and the cabinets. Absolutely. We will take the basement. She'll rip the basement bathroom out. She'll rip the basement cabinets out. You're not going to get approval tonight. It's not
going to happen. Okay. So, what we're trying to figure out is what's the best way forward for you. Okay. That's what it comes down to. Well, hold on. Wait. Wait a second here. Uh Jay, let's talk about that for a second. Yeah. Well, you said you're not going to Oh, you're willing to remove the cabinets and the
bathroom downstairs, ma'am? Yes. Okay. Well, let's suppose they did. And let's suppose then just for purposes of discussion that we approve their plans, okay, as proposed with the
condition that everything that they're going to do has to be in compliance with the building code. If it requires removing any sheetrock or whatever is required from the building department, that's going to be their determination, not ours. Isn't
that what I suggest? But that's my suggestion. That way, if we approved it with the condition that they remove the basement, the rest of it, they can continue on. We issue a decision. 20 days
elapses, they close it in. Then uh inspections are done and Mr. Grills and his team determine exactly what building codes are necessary in order to bring this into compliance. Does that sound like something the board
would agree to? That's fine with me. I thought that's what I said, but that's okay. Okay, then we're just using different language. So Jay and I are on the same page. Those of you at home who thought we weren't, it comes full circle. We're on the same page. Okay. All right.
Anybody else? Uh, what are your thoughts on that one, Barbara? I agree with you. Okay, John. Yeah, that's that's I'm all for that. Yep. Okay. And Dick, what are your thoughts? You think we could agree
on that? Not real comfortable, but I guess uh I guess so. As long as they work everything with Mr. grills that needs to be done and taken care of even in even in uh after the fact.
Okay. So, why don't I propose that somebody make a motion that we approve the relief the special permit as requested with the following conditions. That the on the lower level
in the basement, the kitchen cabinets are to be removed. The bathroom is to be removed. They can leave the finished flooring and the finished walls. Okay. Uh so it will not be habitable down
there. Uh that they can finish the first floor and the second floor per the plans as presented to the board. Okay. and with also with that condition
that they come into compliance with all building codes and board of health regulations. So moved. Thank you. Is there a second to that? Second. Second to that. Any discussion on
that? And that's allowing them to leave the existing decking that's outside. Right. We're not addressing the shed. That's different. But the decking that comes outside that's been added to, we're going to allow that as well.
Correct. I think would you like to speak? Uh Mr. Chairman, this is Mark again. um when we work through the permitting for the shed and for the deck um and the remaining work on the property then we can address the setbacks on those and if
further relief is requested or necessary um they will file for the relief at that time. Okay, that that's that's fine. That's that's a good idea. Thank you very much. Okay, so we have those condition that that motion made with those conditions.
The only comment I would make is I think with that mitigation, I think that this building uh is not substantially more detrimental to the neighborhood, the surrounding zoning district. Uh I don't think it's going to create any undue hazard, nuisance, or
congestion, and I think it's going to fit into the neighborhood. Well, I want to commend the uh petitioner for bringing that roof line up that we had concerns about before and make it more aesthetic aesthetically pleasing. and also uh changing out those
windows. Um so is there any further discussion on this? No. Hearing none, we're going to have a roll call vote. Mr. Martin, I I Miss Murphy I. Mr. Frey, I. Mr. Manon,
I and I'm an I. That passes unanimously. Now, ma'am, there is a 20-day appeal period once it's filed with the town clerk. Uh, after that, you can Dolores will contact you. You can get your special permit. You need to take it over
to the registry of deeds and record it and bring a copy back for our records. Do you have any questions about that? No. Thank you very much for finding. Okay. You have one other form of relief that you've asked for, which is a variance. You don't need a variance on
this because we granted you a special permit. We would ask that you withdraw that request for relief without prejudice, which means if you had to bring it back again, you could. Okay. We'd like to withdraw that application. Okay. Is there anybody prepared to make
a motion? Make a motion to withdraw without prejudice. Second. We have a second. Yep. Second. Second. Okay. Any discussion hearing? None. We're gonna have a roll call. Dick. Hi Barbara. Hi
Jay. Hi John. Hi. And I'm an I. That passes unanimously. That variance request is denied without prejudice. Thank you very much folks. We are ladies and gentlemen. Thank you helping us work through this. Wish you the best. Okay. The second matter in our petition
tonight is petition 5177 Hanuman Dashan LLC doing business as Harborside Suites. The property location is 953 Route 28 South Yarmouth. It's in a B2 zoning district. The
applicant seeks a special permit per section 404.5.2 2 and 404.5.3 subsection 9 to create 35% seasonal employing housing at an existing motel. Good evening, council. Could you
identify yourself for the record, please? Thank you, Mr. Chairman. Uh Gary Blank. I'm an attorney uh of council to the Mcush Law Firm uh with offices in Sandwich and Kuit. I'm here tonight to
represent the Harborside suites. Here with me via Zoom uh is the owner Dashan Gardi and his operations manager Kunal Patel. We're seeking the special permit to
increase the number of units at the motel that can be used for J1 visa employees, students that come here to work in local uh businesses that are established in Yarmouth that depend on
their summer season for most of their annual income. Um, Harborside Suites is located at 953 Route 28 and that area is well suited to house additional J1 visa
employees. Currently, they're permitted uh to use seven uh rooms, which is 15% of the 46 rooms on the premises. uh they're asking to increase that by
nine rooms so that they'll have 16 rooms for J1 visa employee housing. Uh that will bring them to 35% occupancy for J1 visa students.
The the motel is located at 953 Route 28, which is an area with other motel and hotels and retail and restaurants and even a bakery. Uh so
that it really does fit into the area. Um, and it's compatible with the other existing uses on Route 28 and in that neighborhood. So, the impact wouldn't be no greater than the impact for its
current use as a motel. Um, there would be no changes to the building, no changes to the parking area, and you all have a package so that there are several, I'm going to call them maps of the
facility. And they're designed to show you the locations of the rooms that would be used for the J1 visa employees. They would all be interior rooms. Uh the
rooms already permitted are rooms number 127 to 133 and they would be adding rooms numbered to 141. And they're all on the interior
uh corridor contiguous to each other. And the maps are marked so that uh you should be able to determine the currently permitted rooms or units and the extension that we're asking for
which goes down the same hallway and to the right. Uh so that there will be 16 rooms with J1 visa students in them. At the top of that hallway is where the
on-site managers live. Um there are there's a married couple that act as the on-site managers. Their names are Jenny Ram Kishen and Ram Ram Kishan. Uh there are also security
cameras located about the premises. One of the maps of the facilities has X's on it which are for the locations of the cameras. We have also included in your package two lists of J1 visa students.
One list shows 20 uh J1 visa students that are confirmed that have been given uh spots at this facility. Um and we have provided their full names and their home addresses in
the foreign countries from where they're coming. The second list shows 22 additional J1 visa holders that are pending. Uh they're pending because they already have been hired by their
employees. I mean employers and their employers are all local Yarmouth businesses that need these employees. They've already hired them. They just need to house them. They are the Lima
Cafe, the Bluewater Resort, the Hearth & Kettle, Skippies, the Pancake Man, which is right across the street, of course, the Lobster Boat, and the Star Market. Uh they're all local Yarmouth businesses
that are struggling to find enough employees to cover them for the summer so that the tourists that they depend on for their income will be well taken care of. I'm I'm informed that the Harborside
suites did house some immigrants when they were sent to us and there were no problems. Uh they have rules. There are a set of rules uh that were included in your package and the rules include weekly
cleanings. We can call them inspections also purposes tonight. Uh the rules will prohibit overnight guests and of course uh there'll be quiet time after 1000 p.m. that will be enforced with the
penalties that are recited in the rules. They uh have had their own fire inspection, but there is a town inspection scheduled for next week on May 28th, and they foresee no problems whatsoever.
So by increasing the number of rooms, I submit that it's going to be very helpful to the town of Yarmouth and the businesses that are operating in the town that need these employees in order
to satisfy their customers expected this summer. Um I submit that uh there are going to be no real changes to the property. uh it will not create an undue nuisance or hazard or further
congestion. It might reduce what would be what the congestion might be if it were fully opened as a motel. Um, there's no substantial harm that I can foresee, but there is a
significant benefit to help meet the urgent need to house the summer employees critical to the local Yarmouth businesses. And we ask that you grant the special permit to allow Harborside Suites to dedicate 16 rooms out of 46
rooms or 35% of its uh space rooms. Uh in addition, well that's the total percentage would be 35% uh up 20% from the 15% of the rooms that have been allowed for this
use. Thank you. If there are any questions, we'll certainly answer them for you. Thank you very much, Attorney Blank. Uh, I think we're going to go to the board for some questions. Uh, John, do you have questions for the petitioner? Yes,
a couple. Um, so you you stated that they are all working in Yarmouth, right? Yes. All these folks. Correct. And and how many of these employees do you plan on uh putting in each room? Question. Well, either three or four depending on
the size of the room. Some rooms have uh two bunk beds. Some rooms don't uh have bunk beds but have three beds. Three or four per room. Yeah, there'll be a total of at the most
42. Uh right now 20 are confirmed and there's a list of 22 pending uh J1 visa employees. Wonder what the health code is. And then um um and how are these folks going to get
around? They have their own cars. They get around. I believe they most of them use bicycles when they get here. Okay. And there is a bike rack on the property.
Um, and I believe you said that the rooms you were going to utilize was 127 to 143. Is that right? Correct. Um, is that 18 rooms, Mr. Anton? I believe it was up to 141. So currently
141. Okay. Thank you. All right. That that's clear. 141 is is correct. Yes. Gotcha. All right. Uh that's all I have right now. Thank you, Mr. Chairman. Okay. Uh Jay, do you have questions for the petitioner?
Um first two were what John already asked, but um is this is the hotel is it twotory or is it one story? I I I apologize for not knowing the answer to that question, but I believe it's one story. One. It's all one story everywhere. Partially one partially one
and a half. Partially one and a half. So, where these rooms are going to be located, there's no second floor, correct? They're all on the first floor. They're all interior inside the hotel. Okay. Um I don't know what the one of
Have you looked at the the 404.3.5 um code for the bylaw and you've gone through all those different conditions and you feel that all of those are met except for what number? Except for the 15%. Is that correct? Yes.
15 15% has have have they already have a permit for the 15%. I understand that. I'm just saying there are some conditions in the bylaw that have to be fulfilled in order to meet it. Um you have on-site you have onsite monitoring I believe. So there they're all
fulfilled. Okay. And I believe there needs to be availability to um I think to a kitchen. Isn't there a certain amount of kitchen space? There there is there will be a there will be a communal kitchen. One communal kitchen. Is that what it is? One communal kitchen. Uh but
each unit will have a microwave and a refrigerator. Okay. So, as far as cook any cooking or things like that, it'll all have to be done in the communal kitchen. Correct. And where is that located? that will be there will be a unit uh that will be
committed to their communal kitchen that has a kitchenet. So it's a separate from the the housing. Say that again please. From the resident locations. Yeah. Well, it will be one of the hotel units that is is uh
adjacent adjacent I believe to to the units the J1 students will be in. Okay. You know, okay. So, it's all going to be a communal kitchen as far as cooking, most cooking is concerned. Um, let's see what
else are there. Um, principal place. And I'm assuming all these employees have been able to demonstrate they maintain a princ principal residence someplace else. They are all coming from abroad. and we have the addresses for the people we could
confirm. Uh we will get full addresses as soon as we can confirm uh the rest of the J1 students that are currently hired and have employment. Okay. And have have you and I apologize for not knowing this, but have have they um housed uh
students before or employees before? I I don't believe they've housed J1 visa students before. They have housed the immigrants that were sent to us. I remember that part. So, this is the first time they'll be housing J1's. Yes.
Okay. All right. Um, it's all I have right now. Thank you. Okay. Thank you, Jay. Uh, Barbara, questions for the petitioner. Yeah, I've got some concern. You said they they're going to get around by
bike. I mean, how's that work at night? I'm concerned for safety riding around all the way over to Skippy's Pier. Well, I think they have other options, but historically, I do believe that the
J1 visa students that come to work here have transported themselves with bicycles. Um, most of the places where they're going to be employed are not that far away. So, if they choose, they
could call it Ubers uh or taxis. But I I I've been on the Cape for my entire life, and I've always seen them riding their bicycles. I know, we've had in the past, we've had places like the Red Jacket, they actually provided transportation um for
the individuals that were going to be working on their facility um to some of these places we've allowed higher percentages on. So that's why we ask the question how is transportation is it going to cause a problem as far as parking more congestion as far as driving that type of thing. So that's
why we're trying to understand that part. Well I could discuss that with my clients that hadn't come up um in our discussions. Okay. Hey this is uh Kunel Patel. I can I can answer that. So most
of the locations are within walking distance. um they can use bicycles and if needed they all have smartphones to use Ubers. So you know none of and we do have some that are on the pending list with Red Jacket and each time we talk to
any of these people before we confirm we do make sure that they confirm with their employer that they would be able to either get to where they need to go to or they would get transportation. So we've had some inquiries from Brewster. We say no, you have to check with your
employee to make sure you can make the commute. Yeah. Okay. Obviously, these are these people are all for Yarmouth businesses, which is the most important piece. So, sorry. Um, why do some of these folks not have
departure dates? Some some of them are uncertain of when their last day of work will be. Depending on the business, they're going to be sometime in September, October, but they don't have a definite date where their work will end.
Okay. And why does the weekly rent vary? It's variable by how many people per room. So, if there's three people per room, it's 180. If it's four people, it's 150. Okay, that's all I have. Okay. Thank you. Uh Dick, do you have questions for
the petitioner? I don't think I have any questions. No. Okay. All right. Okay. Uh, I've got a couple questions. Um, so just so we're clear, council, on
number seven, um, there's going to be an on-site proctor for each property utilized as employee housing. So, there's going to be an on-site proctor. Uh, yes, there'll be two, a married couple, the Ram Kinshins. Uh, they live on the property.
There's a manager's unit that they're living in. And the on-site proctor shall ensure that all seasonal employees are apprised of the rules and code of behavior prior to occupancy. Correct. Uh there is uh included in the
package the rules. Uh they're all going to have to sign something that indicates they'll follow all the rules. Okay. And just finally, the name and contact information of the on-site proctor shall be submitted to the Yarmouth Police Department and the building
commissioner's office. Absolutely. We'll do that. Okay. Okay. And um did you say that these units have microwaves in them? Correct. I did. Microwave, sinks. The only thing they're
missing is a cooktop. They have refrigerator in too. Yes. Um, and none of them will be here beyond October 31st. Is that fair to say? That is fair to say.
Most of them will be departing by October 1st is my understanding. Okay. All right. Um, I think that's the only questions that I have. Um, anything else? Any
further questions from the board before I go to the uh the audience? No. No. Okay. Is there anyone in the audience that wishes to speak in favor of this petition? If so, please come to the microphone. Seeing
none. If there's anyone who wishes to speak in opposition to this petition, please come to the microphone. Seeing none, just the letter in the in the file.
Okay. Uh I did see that one letter. Let me see here. Okay, this is a letter from Robert Mulby, the Yarmouth Board of Appeals. Mr. Mulies from 10 General Hallway Road
in South Yarmouth. In regard to the hearing this evening, 5225 on the Harborside suites appeal for a change of use to seasonal worker housing. I respectfully submit my opposition to this change. As a 50-year resident of the town of Yarmouth, I have a vested
interest in seeing that the public tranquility is maintained for residents and visitors. Recent illegal gun sales at the Yarmouth Resort highlight my concern. Please deny this appeal in the interest of public safety and require the owner to operate as a licensed
inholder, which contributes to state and local excise tax. Thank you for your consideration, Robert Malby. Uh that's all that I have uh for correspondence. Is there anything else you wish to add at this time council?
Well, the letter you just read really is nothing that I believe these J1 visa students would be involved with. It certainly uh doesn't relate to the Harborside suites or the way that um my
clients and Mr. Gandhi and Mr. Patel uh wish to run their facility and I'm sure that if anything like that comes up uh they would be on the town side and inform the police. Uh
certainly would be against their rules and regulations. Yeah, I think we I think tend to agree with you there, council. I don't think you I don't I don't think we're requiring you to defend that letter. Thank you. Mr. Chairman, excuse me, Mr. Chairman,
there is someone who's raised their hand on the Zoom on Zoom. Okay. Okay. Could you identify yourself, please? Yeah. Christopher Garren. Okay. What would you like to sir? Well, I have to have two questions. One, the uh
Harborside Suites website says the pool is unfinished and it driving by it doesn't look uh prepared or ready to open. What's the status of the pool? Because um on April 10th, this board had a
similar case, but that owner promised to finish his um motel for the next season and it would be ready. So, I'm just wondering what's the status of the pool. And number two, who is paying for the bill? Who is paying for the room at the
room? Who's paying for the room? Is it the individual uh employers of Yarmouth or who the individuals who are staying who's who's paying for the for the rooms? Well, I believe the individuals
who are staying there are paying for their rooms. Uh they're paid salaries or or weekly wages by their employers. Um I would ask u Kunel to address the pool.
Sure. Um, Dashan, I don't know if you want to address the pool. I don't believe we're going to be opening it this season, but Dan, if you have any more info. Yes. Uh, we are not in the in the midst of opening that this year. Okay. Thank you. That's fine.
Um, anything else, sir? No, that would be it. Thank you. I think All right. Thank you, Mr. Garren. Okay. Thank you. Uh, council, anything you would like to
add before we close the hearing and begin board discussion? No, I I I'm done. Thank you. Thank you. All right, we're going to close the uh hearing to uh the public and begin board
deliberation. Uh, is anyone prepared to uh begin a discussion or to make a motion? Um, I guess I I just like to say in support of the businesses in town, I know that this is a a real need. Um, and this is a reasonable way to start to see
how this this location works as far as expanding the employee housing beyond 15%. So, I would be supportive of it given that they um obviously follow all the guidelines in 404.35.3 and I don't think it'll be a a
hazard or nuisance nuisance given the location. Okay. Thank you, Jay. Anyone else? Okay. Yes, I agree with uh what you said there, Jay. I I do think there's a critical need for employee housing in Yarmouth. Uh the housing is
just so tight. There's really nowhere for anybody to live. And the cost of housing, if you can find a place, is really, really high. And so I think it would be cost prohibitive for these employers to have to pay um the rates
that may be available even if they could find it. I do know that it exceeds that 15% threshold, but I think uh the town of Yarmouth businesses are in some type of a crisis and I and I think it's a good way for us to help them as well as
the hotel owners to provide this uh temporary housing for these uh necessary employees. Um having said that, is anybody prepared to make a motion? Um I'd be happy to make a motion to approve
uh given the conditions under 404.35.3 um that all are met especially number five which is the maximum occupancy rate determined by the health department per unit. Um but uh other than that I would I would uh move to approve the request.
Okay. As uh as requested, but the only conditions are those conditions as set forth in section 404.5.3. Yes. Is that correct? Yes. Okay. We have a second to that motion. Second.
We have any further discussion on it. Hearing none, we're going to go to a roll call vote. Mr. Manon. I. Mr. Frey. I. Miss Murphy. Hi. Mr. Martin I. And
I'm an I. That passes unanimously. Um, Attorney Blank, as you're well aware, uh, there is a 20-day appeal period after the decision is, uh, filed with the town clerk. After that, you can pick up your special permit from
Dolores, our administrative assistant, and if you could file that with the registry of deeds and bring a copy back for our records. Very good. Thank you very much. question. Okay. Thank you very much. Thank you
all. Thank you. Uh we have one more item on our agenda. I am going to recuse myself from this. Mr. Freyri will be chairing this meeting. I want to thank you all and wish you all a uh good night. Thank you,
Sean, chairman. Okay. Um, let me leave read the legal petition in and then we'll go from there. Okay. And I just read the ones on the page. Correct. So, this is a Maria Morasco, trustee of the Rosemaryie Morasco Living
Trust, 94 Pleasant Street, South Yarmouth, map location in lot number 51.62, zoning district RS40. The applicant seeks to appeal the decision of the building commissioner to not act on request of enforce for enforcement
action at 40 Crosbury Street Extension. The applicant requests a waiver from the requirement for a certified site plot plan less than two years old. Mr. Igor Mr. Igore uh was in recused himself. So I will be acting as
chair. Good. Good evening. Last but not least, right? Yes. would you please uh identify yourself for the record? Sure. My name is Maria Morasco and I'm the trustee of the Rosemary Morasco Trust at 94 Pleasant Street. Thank you. Welcome. So, you want to tell us about what your
Yeah, I have I don't know what's in your packets, but I did bring you some um I there's the official letter that I wrote to the building inspector making the request. Does that you have that? Do you? And then on the appeal, u there's supplemental
information that was provided. Yeah, that's in your packet because if not, I'm happy to provide it. But this evening, I brought you some uh photographs if I might offer that to the board. Are those additional to what you submitted? Yeah, they're brand new today. Thank you. You can give them to
me and I'll just bring them into the record. Stamp them. Thank you. So, I appreciate your um role in taking the time to um hear my petition today.
Um, and I wish to be very clear that this appeal is not specifically regarding whether or not the structure for which I seek enforcement of the zoning bylaws is or causes a private nuisance. Um, so this is an appeal about
whether a 40 to 50 foot pole or pressuret treated piling, otherwise called a utility pole that weighs one ton or more, uh, has extensions attached to the top. electricity surveillance equipment, plus
another wooden platform capable of carrying 200 lb or more of sticks, bird droppings, regurgitated fish, and other debris is less structure under the bone uh the zoning bylaws and subject to permitting
regulations andor broad safety and other authority granted to this body and to the building commissioner. or whether this 40 to 50 foot I'm going to call it utility pole and extensions and electricity is a
quote unquote customary yard accessory and exempt from permitting under section 2.03.5D1 page 30 of the zoning bylaws. So this appeal again uh is uh
not about the use of the pole. Um it is from because from April to October it is an nest for five to six wild birds. It's about the pole and the definition of a pole itself and its proximity and the
hazards it causes to my property, my pets, my guests and myself. Um, I'm here with these questions before you uh because the building commissioner for whom I have the utmost admiration and
we're very I just he's wonderful to work with and we're very happy to have him in the town of Yarmouth um did not act on my request to enforce the regulations of this broad authority. I do have a understanding that perhaps legal counsel
um read the regulations in a different way, but that's why I'm before you. Um I will rep I will tell you that I am an attorney and I previously enforced all the regulations relative to outdoor billboards in the Commonwealth of Massachusetts. So I have a little understanding about conformity and
nonconformity, but it's a long time ago. Um, therefore, because of the building inspector's um failure to act, I timely filed an appeal to you and brought you these pictures today to better describe the structure. I encourage you if you
have time to to go see it if you're not able to deliberate on my petition today. Um, why is this important to me and why do I firmly believe you have a responsibility to require scrutiny and permitting if not removal or relocation?
This is a 40 to 50 foot above ground one-tonon utility pole or piling with extensions electricity surveillance equipment and a platform h um hovering over my property and beach depriving me of the use of my property and placing me
in the fear of having it fall onto me, my dog, my guests um if I ever get to use that portion of the beach because I don't. Um, not only do I now know that it is capable of falling, I believe there's been two other poles and they
have broken and they have fallen. So therefore, it is more likely than not that the third pole is going to break and fall, there are bird droppings all over my beach. It turns into a very bad situation. Um, so not
only do I have a fear of not going near it, um, but the bird droppings, as you know, are very dangerous and and hazardous. There have been, as the best of my recollection, I know that the family is here, so maybe they have a better recollection than I do, but
um, my recollection is that there have been two polls in this general area over the past 15 years or so. The first pole was erected and it was no birds. No birds for years. So, nobody really thought about it, right? And I didn't
see the first pole fall, but I saw the second pole being erected. And my mother and I asked the neighbors not to erect it, but they did. And um but most importantly, this is why I'm here. You're saying, "Well, if there were
polls before, why are you here today?" I saw the second pole broken and fallen and it cracked completely on its base. And all I'm thinking is that oh my god, there's this realization that this
thing is a dangerous structure. It cracked and it fell. And because I saw it, it now makes this very real. Um, I wrote to the building inspector, the concom, and the town administrator. Now I'm before you and I'm asking you to
enforce the regulations for a pole hovering above my pro uh property which I believe presents a hazard and a danger. Um so if Seawn were here, I'm sure he'd
tell you that I need you to make some findings if if things don't go the way that I would like them. Okay? But that's all and I don't want to take up your time. Okay. But that's documented in my uh letter to the
building inspector as well as the supplement supplemental um regulations. And I just have one other point then I'll stop. Go ahead. That's the lawyer in me. Sorry about that. And a very concerned citizen.
Um, I don't think the concom has the authority or right to override the safety, the regulations, the intent and the authority of this board or the building commissioner. Notwithstanding that they approved this poll as part of a
mitigation plan, it doesn't override the building regulations. And notwithstanding that, the minute that pole cracked and fell, I believe it became illegal, non-conforming, and therefore subject to the building inspector and your jurisdiction. And
that's again assuming you're your and deciding that you deem this a structure. And so if it were located any place else, somebody's property line with the possibility of falling, you'd be all over it requiring a special permit.
Is that all? No. All right. Um before we go to the board, I just wanted to clarify some things. Um I know you feel that this is covered, but we did get some feedback from town and town council. Yeah. And so I probably should read in the letter the
the memo that we got from Mr. Gillis or I can ask him to say it himself, but I'll I'll read the letter. I don't have it. I'll I'll read the letter. Okay, that's fine. So, uh it was to Shawn. He's the he was the chair from Mark Gillis. Um, April 29th, utility pole, 40
Crosby Street. I received a request to enter enforce certain sections of the Yarmouth zoning bylaw and 780 CRM- State Building Code via letter dated March 13th. I did not respond in time frame required. However, um,
provide the memo to the board. Having spoken with Mark Le Point, Mass build Mass State Building Inspector as well as town council regarding this request, it does not appear that any of these concerns are enforceable. Paragraph seven of the se of the March 13th uh
letter requests the enforcement references the the Yarmouth zoning bylaw. Sorry, I have a cold, so something uh table 203.5 footnote D1. Specifically, the letter contains only the words any any other customary yard accessories. The full
context of 20 203.5 footnote D1 reads, "Fences, poles, post, paving, and other customary yard accessories. Customary yard accessories are in addition to fences, poles, and posts. Not that those are listed are considered customary yard accessories. In fact, poles are
specifically excluded." So, just just want to make an identify on the polls. Paragraph seven in the March 13th request also referenced 407.7.8 which does not exist. He assumes that the reference was a typo and you meant
408.7 408.7.8 which reads as follows. Fall zones communication towers whether freestanding or part of another structure or building must be set back from all property lines by at least the total height of the tower structure and
epic how do you say that? a pensurist. Anyway, wrote it. Okay, whatever. Uh, this this paragraph specifically refers to communication towers and not utility poles. Utility poles does not fall and meet the definition of a structure of a
Yarmouth morninging bylaw. It doesn't have the communication functions that you'd normally see on top. So, I think the challenge we're going to have is that really none none of the zoning bylaws really adhere here. So, I'm going to go to the board to ask questions, but
that's our challenge right now. Yeah. And I can I can re I can happy to rebut. Okay. Why don't we give the board a chance? Uh Dick, would you like to ask any questions? Uh not really. I I would have to agree with the building commissioner that our
uh uh this is a poll and he has no authority over over the poll and the apparently exact location has been for years um accepted by uh the conservation
commission as well. So uh I don't know that there's a whole lot we can do about it. I uh I mean we want to we love having the natural wildlife uh
uh live on the lower river as well and I uh I uh I think the chance of it falling on somebody's head is you know nil to put it mildly. So that's all I have. Barbara, do you have any
questions? No. John, just a couple. So you're estimating that the pole is 40 or 50 feet high, correct? Yeah. And how far from your lot line is it? 15 to 20 feet. Is that what less than less than 10
feet? Right. So half of it would end up on your property. More than half because it has extensions, right? These turrets and whatever else. And there should be a there should be a safety zone as well. In the new pole, this is a wooden pole.
It is wood. it it's otherwise a telephone poll. So, you know, again, there's nothing specifically in the bylaw that requires us to take action on this. So, I mean, what are you asking uh
the board do for you? Well, I'm the thing. I think it it it is something subject to your jurisdiction and I'm and this is why I really want you to I need a full record, but I think I can convince you. If I put up a 7ft fence, would you
have jurisdiction? A what? 7 foot fence between my property lines. Mark, no. If I put up a 15t fence between my property lines, would you have jurisdiction? Yes. for not for zoning
but for building. There you go. That's the distinction. We're talking about a one ton plus and this is just from Eversourc's records as well as a typical utility pole that is planted in unstable
ground. Who the heck knows how it was stuck in the ground? I got a good guess. There was a hole that was dug and it was stuck in. Now Dick, with all due respect, it can fall. It has fallen for the best of my recollection twice. It can fall. And it broke completely at the
base. Why? Because it's in the wetlands and it floods. And who the heck? Mark didn't inspect this pole. What kind of Where' the poll come from? China. I don't know. I mean, that's really the
crux of it. So my other point is that let me just be we've cleared because I we it's been a long night. Okay. Under Massachusetts zoning law structures such as fences, walls, poles, posts, paving and other customary yard
accessories, that's the threshold may be exempt from permitting requirements when they are customarily incidental to residential use. However, when a structure such as a utility pole is repurposed for non-utility, non-incidental or highly conspicuous
purposes, it ceases to be customary and instead becomes a regulated structure. I beg to differ with the interpretation of Mr. Leo. Customary is a modifier to the to the structures listed before. And I'm
going to say, how do I know this? because I was responsible for overseeing the the uh review of all the regulations for the executive branch under Governor Weld. So I do know a little bit about construction of regulations etc. But
this is, as Sean said earlier, that's a reasonable mind. A utility pole stuck stuck up on a property line without any structural engineering or oversight by your group or or or
mark. You're just going to let them pop up all over Yarmouth. So my other point is that a pole remains a pole but its use okay it could be a pole under that thing but its use transforms the legal
character of what that is. So the term poll and zoning bylaws and I I I don't feel I apologize. I'm really not lecturing you and but I this is something that is very important to me. The term pole in in
zoning bylaws refers generally to a vertical post-like structure. A wooden or composite utility pole fits this physical description regardless of its use. However, zoning laws do not exempt all poles. They exempt customary yard
accessory poles. So a flag pole that's 50 feet in the air. I can imagine that it might be subject to Mark's jurisdiction to your jurisdiction. This is weighs over a ton. If you want to Google it, a one- ton pole falls at a
rate of 47 miles hour. Who the heck is going to be able to run out of that? um that if it ever cracks and it could crack and fall, okay, on my property. I don't want to assume the risk on that. It also has platforms, cam, surveillance
cameras and sound equipment and it was installed without regard for setback fall zone or the neighborhood character and sound engineering, most importantly sound engineering. So um if we need to keep this open so you can talk to councel in order to make
a decision. Massachusetts case law. So my question Massachusetts case law does say that you have the court emphasized that customary requires the use to be habitual ordinary and reasonably expected in a residential
setting. So, I guess you'd have to ask council whether or not you have to find that this use is habitual, ordinary, reasonably expected in a residential setting to overcome the fact that it is not a customary or
ordinary pole that would be otherwise exempt. And I guess I have to ask you to you guys, you want any of you feel feel comfortable living next to a pole hovering over your property depriving you of the use of your property? I don't
I don't know. So again, so what are you asking that we do? You want the you want the pole taken down, removed? That's your I want you I want the building inspector to enforce the
regulations and there are alternatives remove it entirely move it where the fall zone is substantially beyond my property line and or to make it require a special permit and quite honestly as a matter of
public policy I would think you would want it covered under a special permit because that would mean that Dennis is going to look really Nice. And Yarma's going to look like it's got a bunch of telephone polls all over the place. That's all I have. That's all I have.
Okay. Um I don't have any questions. I just disagree with your interpretation of of the bylaw. I uh I I read it. It specifically out outlines polls as excluded. Um you're referring to
communication towers. This is obviously not a comm communication tower from a fall zone perspective. So I I just I just want to extend now to the audience and see if there's any feedback. Is there anybody that would like to speak? I guess let's start in favor of this
petition. Okay. Give us your please give us your name and address. Lydia Wilkins uh 40 Trenton Street, Manchester, New Hampshire. But I have a house at 30 Homer. Okay. Uh I
don't know if it's applicable, but in case it is, could this be considered a piling within 100 ft of Bass River and fall under wetlands protection? Wetlands did conservation has reviewed this. They
came up with an al the the replacement and that's what basically we're dealing with. Okay. Is there anyone else that would like to speak in favor? Anyone that would like to speak against this petition in the
audience? All right. Well, I have a few letters that I need to get into the record. So, let bear with me as I go through some of these. Um, let's see. The the first one is uh from Kevin McNamera and uh my name is Kevin
McNamera. My family and I have resided at 230 243 Old Main Street on the corner of Crosby Street for 27 years. To my memory, the Osprey platform in question has been there the entire time. Years ago, walking our young children down to
the river on Crosby Street Extension, we would always stop admire the active nest. I'm going to summarize a little bit because they go through some description. Um, please consider when evaluating the platform at 40 Crosby Street. My wife Peggy and I are complete support of having it remain there. Sorry
I didn't go through the whole thing, but that's in essence gives you a sense. All right, the next one um uh the next one is from let's see who is it? Uh Sean Groover at 39 Crosby Street Extension. We are writing to express our
support for the Osprey nesting habitat platform pole that is located on 40 Crosby Street Extension for more than 25 years. As a neighbor, we have enjoyed watching the Osprey come back year to year, similar to the first letter, and I would hope this board understands how important that this is and that we in
the community get the ability to see this natural wonder for many years to come. That's the second one. Um, I've read I've already read the memorandum from Mr. Gorillis and uh the last thing I have is is um excuse me Mr. Freyer
there are two items you should have two items the two I read didn't you get those two or there's two more two more there's one from Mr. Morasco and one from attorney beer hands yeah the attorney I'm getting to the attorney one let me just find Mr. Morasco total
okay this will work which Mr. Morasco this is from uh Mr. W. Morasco on uh be your brother, I think. Anyway, I I will not admit to that.
I have reviewed petition 5176 and it contains incorrect information. The property at at 94 present is owned by two trusts. It is my understanding the trustee of the other trust, Judge Rearden, of which I'm a beneficiary, is not aware of nor consents of my sister's
objection to the Osprey pole at 40 Crosby Street. Furthermore, I lived at 40 at 94 uh Pleasant for over 20 years. During such time, the poll was present, and I have only enjoyed having the Osprey there, and would never consider them or the pole any type of danger,
inconvenience, or nuisance. The Osprey have been inhabitants of the river long before we have and they need to be protected. I don't know if I want I am I am also amazed that my sister would complain to the board BFA over an infraction of town rights given she is
willing to vi violate the rights of abutters on Surf Side. Um anyway, my sister does not represent own or nor control 94 pleasant as an abuter withstanding and a beneficiary of 94 present. I have no objection to the
poll and we request the BFA deny the request. So then we have a a letter from um the law offices of Bruce A. Verhans. I guess it's a long one.
I'm not going to read the whole thing, but I'll summarize for you as best I can. The Yarm Zoning Board of Appeals, the Office of AJ and Tina Luke, an appeal number 5176, which is scheduled for hearing on May 22nd, 2025. I regret
I am unable to attend due to prior commitment. The appeal concerns Maria Morasco's request the Luke family to relocate the existing Osprey nesting utility pole in their yard. Um, and it goes in to basically argue that the two
quotations that you put into the record or quote are not uh do not uh require any enforcement. I'm summarizing it. I can read the whole thing if you'd like, but it uh it clearly identifies those
zoning bylaw sections and the feeling that uh both the that 408.77.8 eight is not a communications tower we're talking about and that it specifically refers to polls etc in the other section as being excluded. So
given that um as you may already be aware Mrs. Morasco has unsuccessfully appealed to the Yarmas town officials regarding Luke's utility poll for over a decade. For example, in 2014, the appealed to the conservation commission who denied her
appeal. Also complained to the board of health. In 2016, it was denied. Beyond the utility poll, Mrs. Morasco has complained about other activities. The Luke family da da da da. Um, don't need to bring those out. Overall, the utility pole is not a large looming danger
alleged by Mrs. Morasco, but merely one for compliant intended for to harass the Loop family. For the aforementioned above reasons, I am requesting Mrs. Morasco's appeal be denied. Okay. So, those are the I believe those are the
four record uh to get them into the record. You'd have to come you'd have to come up. And is this for or against or a question? Against. Uh, my name is Josephine Rogers and um I live in Mbury, Vermont, but I own a house at um 11
North Cove Landing. Okay. And I just want to make it clear that the new structure that they put up Yes. Um it is like 10 ft higher than the the last one and there's a much bigger platform. So I just am confused that the town has not
regulated it at all. And is that true? I mean we don't have a bylaw to regulate this type of thing. So, but the building department also considers it just a poll because it is a structure. I just want to be clear about that. I understand what you're saying, but the way it's
defined in our bylaw is it's a poll. It's not a structure. It's not a structure. So, and and our our responsibility here is to, you know, review and uphold the bylaw as it's intended and best that we can. And that's our that's what uh
that's what we are here for. And in this case, we're being asked to in to override the building commissioner who also works with the the town to try to identify any issues that might be there. So anyway, I'm not asking you to override the building commissioner. I'm
asking to illuminate the building commissioner cuz and as you as well and to reinforce the fact that it is an incorrect interpretation to take the word pole in and of itself because by his own admission he's it says fences,
walls, poles, and other customary yard accessories. If this board is trying to say that customary doesn't modify any of those things before, then Mark can't enforce my
putting up a 20ft fence between my properties or a utility pole all along my tennis court because I feel like putting up a a pole. Now, let's be reasonable about this because Sean did
refer to that's really the context in which this is supposed to be met. Also, the zoning bylaws are meant to be to enforce safety. All right, I'm telling you the realization that this this is the second time it's cracked within 20
years can fall down. I saw it. I have pictures of it broken, cracked at the base, crashed their fence. What if my dog was running around there? What if I'm running around there and does it not matter to any of you that for from April
to October I've got bird crap all over my beach? I mean the health considerations along and yes I have been unsuccessful because I I think the importance of it hasn't been realized and again you have
to take this in the context and I very you know those letters are really a little self- serving perhaps I had to read it's my at least my brother because he's suing me and that's why Sean isn't here because he's representing my brother
um this is about a poll a utility poll pole. It sat empty. It sat empty for years. So, it was just a utility pole and nobody understood the consequences of it. So, I think that I would like to keep ask you to
continue this so I can respond to Mark's letter because I didn't see that before. And I can cite to you and to town council the Massachusetts case law that does talk about what is customary and
what isn't to actually make you feel like you actually do have the authority. You may have interpret what that customary is. May have a different source that you need to take that to from the building, you know, from the state building law laws or whatever. But for in the zoning board, our job is to
look at this. We've interpret it the best we can. So, I'm going to close this now to the public and just uh open it up. Um, can I ask you if um all if if my both of these will be in the record? What's that? The
letter to Mark and also the appeals. Ma'am, that is already part of the record. It's been the property folder. Yep. Confirm that for us. Thank you. Yes. And it will be listed on the minutes so you'll be able to see that. Okay. All right. Thank you very much. So, I'm going to close this to the public and just someone else wants to
speak. I'm sorry. This is a little out of order. Yes. But go ahead. Yeah. I'm Dr. Kenneth Rogers. I live at 11 North Cove Landing. Our families lived there for almost a century. Mhm. There is no all along Bass River from
the Bass River Bridge to the mouth of the river, there is no other structure that potentially holds the harm to the community that this poll represents. Now, it may not fit in your
interpretation of your interpretation of your responsibility, but it is a very unusual structure and it has a potential harm. So before you close out in your um
analysis of whether this fits, I would re uh request as a taxpaying citizen of this community that there be some study of whether there is a risk of this poll or not. And the people that have
mentioned this about they enjoyed seeing the birds up there is a pleasant way to understand something. But at from a um a point of view of liability on behalf of the community, there is no other
structure along Bass River that I'm aware of from the top of from the mouth of the river all the way up to the uh source of the river that has the potential uh devastation that this pole has. And with the stuff that's been
added to it and you know uh if a hurricane comes up it could actually be cracked by hurricane and it's right in the path of have hurricanes come up Bass River. I've seen three and so I I suggest that you might
consider that there really needs to be some uh independent study as the potential liability of this poll. And that's my question. I think if if that were to be done, then the suggestion should go probably through the planning department, which would be more
appropriate to look into any types of things like that. But anyway, um, can you please have that in the minutes? All right. So, I'd like to close this now to the public and just open this up to uh to the board for discussion and see if
anybody's willing to make a motion. Anybody willing to discuss this? Dick, you may I think our hands are tied pretty much by the definition of of pole here.
Um I I don't know if the uh your neighbor has given any consideration to moving it further from the lot line, but I'm sure that's uh doesn't want to get involved with conservation again and and and where they've already stated it can
and should be. So, but uh again that's a it's a definition issue that I don't think we can get around. Barbara, do you have anything? No. John, I I guess so. 40 Crosby, it's on their
property, right? Yeah. And how close is it to to their dwelling? Is it is it close? No, it's it's down by the river. It fall on their on their property, but not it wouldn't hit the dwelling. their kids, their dogs, and they have no concerns about it. You'd have to ask
them. Yeah. I don't know. I'm sorry. No, I And I guess if there's they want it that much, I suppose they could or should put it in the middle of their yard. And I would think that the concom
if you're saying that they override the building department, which I don't think they do. Um I maybe that's a question for them. But you have to you have to see it and experience it in order to understand my
fear. Yeah. I'm not making it up. Do I like the birds screaming at 5:00 in the morning to 9:00 at night? No. Do I like not being able to go out and be quiet after a long day's work? No. But this is about safety. This is about the
definition of whether or not and I guess what I'm hearing Mr. Martin say and Miss Murphy and perhaps you, Mr. Matrey, that you believe that this poll is a customary yard accessories. Is that what I'm
hearing? As is defined in our bylaw. Yes. Okay. And so just for the record, I would like this board to note that the petitioner would like them to review Harvard versus Maxent, which is the Supreme Judicial Court has ruled is what
what is um included in the definition of customary. So the So I'm sorry. I'm sorry, ma'am. We closed it and that is not in the record. It was not provided. We have to go by the information that we were given. I did I already stated it early before you earlier before you closed it. Actually, I did site Harvard.
It wasn't provided. It wasn't provided to us before. So, I'm sorry, but it can't be added to the record. I don't believe. Can it? No. You're talking about the bylaw tonight, right? Yes. Yes. All right. So, is anybody Is anybody
prepared? Ma'am, we're done. I'm sorry. I have a question. We're We're the board is now talking about what we're going to do. So, Sure. If you would please. Would anybody like to make a motion? I guess I'd like to make a motion that
uh how do we want to do this? Positive, negative? I believe we just want to uphold the building inspectors. Okay. Yeah. uh opinion. We would like to uphold the uh decision of the building commissioner to not act on the request for
enforcement action for petition 5176. Do I have a second? Second. All right, I'm going do a roll call vote if we could. Um John I. Dick I. Barbara
I. And I'm an I. So, it covers four 40. I'm sorry, ma'am, but we're we uphold the building commissioner's opinion. Okay. I know I've got 20 days to appeal and I'm sorry that we're going to be on the wrong side of the Excuse me, ma'am. Just so it's clear, it's 20 days from
the notice to the when the decision is filed with the town clerk, not tonight. No, I know that. Thank you. Just make sure it's clear. Thank you very much. All right. So, um, other business tonight, we have, uh,
couple sets of minutes. Does anyone want to make a motion to approve the minutes from May 8th? May 8th. I make a motion to approve minutes from May 8th, 2025.
All those in favor? I I I And then we also have a executive session minutes that uh I have to abstain from I guess because I wasn't there. Can we do that with only three? Three.
Yep. Make a Someone make a motion to approve the minutes from the executive session from May 8th. So moved. Do I have a second? Second. All those in favor? I I Barbara and we have a three nothing vote
to approve those minutes from the executive session. Um do we have a motion to uh adjourn? Motion to adjurnn. Second. All those in favor? I I and I'm an I. That's for nothing to adjurnn.