good evening welcome to the EXC March 28th 2024 regular meeting of the Yas zoning board of appeals my name is Shan hio I'm the vice chairman we have six matters on our agenda tonight the first matter is petition 5069 this is continued from 1124 hanaman dashan LLC property Loc Lo at at 961 Route 28 South Yarmouth it's in a B2 zoning District the applicant seeks to reverse the decision of the Building Commissioner and allow transient occupancy that exceeds the temporary and short-term occupancy ordinarily and customarily associated with motel and hotel use good evening good evening could you identify yourself for the record please yes I will Mr chairman Mark pdro representing the petitioner um I have an office in hyanis and and I'm here to update the board when I was last here I indicated that uh my client had received word from the Commonwealth that 100% of the families were to be relocated somewhere in the Foxboro area this was consistent with another client of mine in Bourne and a third client in wereham those two uh hotels motels have been uh uh completely evacuated and the people have been moved a property has been identified for the um moving of all of the families unfortunately the property did not pass um inspection it had some code violation so uh they have not moved everyone is aware in the motel that they will be moving uh as soon as the property is ready um the owner of the property has been cooperative and with the Commonwealth and the town of Yarmouth um and so I would imagine that that very soon uh the place will be vacant and he'll be getting ready for the summer season there um having said that uh I would respectfully request given that the conditions are 100% out of my client's control that the matter to be continued 45 days to uh allow the people to be moved come on quiet please [Music] okay um there's been no fines leveled yet is that correct that is correct okay well there are a lot of people here tonight and we are here to address whether or not you are in violation of the zoning so uh in 45 days you would be moving anyway if you could we would move today if we could that there's no the the uh migrants that are there they're ready to move they've been told a lot of them have work visas which puts them in a difficult position of taking a job they would like to get going so that they can uh obtain work where they're going to be um in my understanding about 20 mile radius from Foxboro is where uh the concentration of migrants uh is so what type of assurances have you've been given by the new people that own this uh building that you're going to move move these people into that they're actually going to be going there or the likelihood they're going to be going there nothing has come from the owner it's all come from the Commonwealth the same people who contacted my client last year uh under the right to shelter law to request temporary um housing all of this is coming through the state okay the only thing I can tell you was that the same situation happened in Wham and the people moved out and same thing in Bourne right over the Bourne brid they moved out and U but for this particular place not being apparently safe uh they would be gone okay okay um well I'll tell you what we're going to do we're going to have some board discussion about that um I think we were here tonight to address whether or not we felt that there was a zoning violation and whether we were going to either up to reverse a decision of the Building Commissioner we can discuss that as well if if you'd like about it I think at this point uh it's out of my client's hands he has done what he could to um facilitate the moving uh of all of the people that are in his Motel okay um okay well why don't we have a discussion about this um so what the petitioner is asking for is a 45-day continuance now excuse me if I if if somebody speaks out a turn I'm going to ask one of those police officers to escort you out of the building okay there's one he can go sir you leaving no okay you're gonna be quiet yes sir okay thank you okay so what do we think about a continuance or should we address the issue um dick what are your thoughts I think you need to address the issue okay yeah and uh if there is any continuance it needs to be very short they were supposed to all be out of there all supposed to be out of there by the end of February and here we are and that and that was ke and that was from back in early January so um I think that needs to be determined how how many people are there now uh I I believe they're 27 families okay still so everyone's still there no one is left there was I did not ask my client specifically but I have been um to the motel several times and it does appear to be close to full occupancy uh I think we should hear it okay Jay what are your thoughts the violation notice goes all the way back to October 11th so you know it's it's been let coming up on almost 6 months M okay so I think we have to hear it okay barara I J okay well it seems to be the feeling of the board that we they want to proceed and make a determination as to whether we should uphold the decision of the bilding inspector or reverse the decision very good um so I'll address that if I could please so back on uh August 8th of 2023 governor more Heely declared an emergency relative to the influx of migrants and and the availability of housing uh whether or not you agree with it um Governor dakus many many years ago um was instrumental in passing the right to shelter law um and unfortunately it applies just to families um and pregnant women certainly not to individuals or or even our veterans uh but that's a situation all of the people that are here are documented they came through the Border legally and they have been given uh essentially the same type of um accommodation as you would get as if these units uh were efficiency units they are provided with meals every day they're provided with shots and uh and their um and nurses and nurse practitioners and doctors um so essentially uh the state law just like we had when the the pandemic um I would argue overrules the local law and to the extent that there is a uh a question of safety um and a question of adequacy of the rooms the Commonwealth has at Great expense provided uh food shelter um and um education medicine and and Medical Care okay yeah they arrived they arrived legally uh at a time and my client is simply trying to cooperate with the town and the state and getting them moved would you concede that there is a zoning violation here I would I would not I would think that this Commonwealth through a right to shelter law um supersedes that just like a lot of the Board of Health rules were changed during the the the um Co period okay all right is there anything else you'd like to add at this point no I don't think so but thank you okay um I believe we do have the Building Commissioner see in the [Music] room Mark could I ask you to come up we'd like to just ask you some questions regarding this matter good evening would you identify yourself for the record brills Building Commissioner members of the board uh Mr grills you issued a violation notice on October 11th 2020 23 is that correct correct and the reason for that is because the people that are occupying the hotel they exceeded the 30 days and that's in violation of our zoning is that correct they're in violent they're in violation of the transient definition are a bylaw correct okay and you had an opportunity to review this letter right here which is fairly lengthy but it's a letter from from the uh Commonwealth of Massachusetts and signed by the governor um while she does declare a state of emergency did you find this to be persuasive and did you find it to be uh any type of an order directing you to um not abide by the zoning bylaws or would you feel that this letter is adequate for them to supersede the bylaw no sir I wrote my letter after that letter came out okay I I believe what I wrote is accurate okay and we all have that letter in front of us that's correct and we're all aware about the definition is of transient housing okay essentially for those of you sitting out here in the audience essentially what it says is you can't stay in one of our motels for longer than 30 days at a time or not to exceed 90 days in total yeah 90 days in a six-month period in a six-month period thank you uh and so your folks have apparently done that there has there been any violation notices given out so I mean any fines assessed uh no fines once the uh process starts with the zoning board of appeals then I can't continue with violations until this matter is resolved here one way or the other okay all right um does anybody have any questions for the Building Commissioner yeah I have one um what's normal time frame under the circumstances for some somebody somebody or somebody's uh to vacate the premises uh Upon Us confirming uh that you're correct relevant to this um historically the board is given anywhere between 45 and 90 days um depending on the circumstances and and I don't believe that we've had circumstances like this you know so what they're saying what the petitioner is saying is is the case then hopefully that would be within that time frame anyways yeah that's entirely up to the board to decide okay thank you anyone else any questions there anything else you'd like to add Mr grills no sir okay thank you very much thank you uh ma'am I I I I hear you ma'am and I just I I just got to tell everybody just so we understand what our job is here today there was a violation notice issued to the hotel that they violated the Zoning for having people stay there longer than 30 days the petitioner is asking us to reverse that decision that's the only question that we have before us whether they're in compliance with the zoning and if so do we reverse the decision of the building commissioner or not okay it's not how we feel one way or the other about people living across the street so as is a very very narrow question here um so um attorney budro you referenced this letter right here yes but I also referenced the letter which was a lot more uh detailed um on October 31st 2023 from the executive office of Housing and living communities I I submitted that along with the petition well I I have the governor's letter in front of me on August 8th and it's she does say that she's declaring a state of emergency but she claims that there's a housing problem and that it's due to many factors Federal policies on immigration work authorization inadequate production of affordable housing in the end of Co era food and housing Security Programs so it really doesn't just address a migrant problem she further goes on to say and in the third to the she directs her Administration to do certain things she suggests the federal government should take up the immigration matter in Washington but then when she gets to the cities and the towns which we are she says to the cities and towns across the state many of which had a rich history tied to waves of immigrants settling within their borders I am encouraging their communities to keep welcoming those families so I see the word encouraging but that's not persuasive to me that that's an order from the governor well she declared a state of emergency respectfully and that was followed up with the very agency that takes care of the right to shelter and they followed up with a declaration that specifically talked about the unprecedent influx of migrants it I I I appreciate that if the governor issued an order saying that I'm issuing an order that this a state of emergency and this emergency order will supersede All City and town bylaws that restrict from staying longer than 30 days or what have you then I would find that persuasive but she's just urging the cities and towns she's not ordering us to do it well the the states the same sort of state of emergency was declared during covid and there was no specific Direction it just from there various Departments of the Commonwealth took over which is exactly what's happened here there was just a tremendous number of people and there there are it's it's still going on migrants that are coming in and you can keep them uh in the street in the bus stations you can keep them on uh military bases but at at some point it has to be addressed so I would respectfully say when she declared an emergency it wasn't like hey folks hey churches let's all get along and and see if we can help out our neighbor and you could see by the action of the government that they went and immediately contacted motels that were typically vacant at in the fall when this was really uh coming to its um fruition uh to provide exactly the type of emergency services that this is called for okay okay okay all right is there anything else you'd like to add at this time no thank you though okay now I know there's plenty of you out there that probably have a lot of things to say and you want to be heard but this is a technical question they're not in here asking for Relief they're not asking for a special permit they're not asking for a variance they're asking us to overturn the decision of the building inspector our job is to take the byw look at it and see if he's correct or if the building commission is correct there's really no input from the public that we could take that's going to sway us one way or the other so while I appreciate everybody wants to say anything I'm going to just have everybody refrain from speaking but please feel free to stay sir I've already asked you twice now to be I taxes are they paying taxes sir please okay I mean really okay so what we're going to do if you have nothing more to add I think we're going to close the uh hearing to the the public and petitioner and we're going to open it up for board discussion okay so what we have here I I take it everybody has read the letter from the Governor from the eohc or did I get those correct yeah that's very good uh which is attached to that as well and according to the petitioner um that gives the hotel owner the authority to house these people for longer than 30 days which is in violation of our zoning bylaw you like to begin a discussion well I I'll be honest I I just don't see anything that says we we can just like bypass our bylaw so I'm I'm caught um in addition of that the Declaration says it goes from November 1st 23 to February 28th so we're past the date of the Declaration so I'm I'm torn I I I feel for the families I understand the issue um I understand I understand the emergency but at the same time you know we have a bylaw that we're supposed to uphold and so challenged folks thank you John what do you think yeah I agree with Jay I think um I I don't see anything that would um warrant the overturning of the building commissioner's decision um so you know I'm in favor of supporting the Building Commissioner of this Barra your thoughts um I agree with j and John and Dick what are you thinking yeah same thing I can't uh well I have sympathy for the families and hopefully there's other arrangements that can be made apparently they would still have some additional time to to do that uh but they're already overdue relevant to this whole debacle and uh so I think uh again I would also seek to affirm the the decision of the Building Commissioner well uh again I I feel for the families that are living there I know it's a very difficult situation for them uh but our charge is to interpret the bylaw um again if this was a letter that was an order from the governor ordering us to do something that would be different but I read it and all it says is that she urges us to do something and when you urge something to do something you're basically maybe asking them at best best so I too will be upholding the decision of the Building Commissioner I think he was correct in issuing the notice of violation so do we uh is anybody prepared to make a motion and that motion would be I presume from listening to everybody she's uphold the decision of the Building Commissioner so moved so moved do I have a second second any discussion on the motion hearing none all those in favor please signify by saying I I I that passes unanimously I thank you for your time uh as I have uh since I've been become involved I will continue to keep the commissioner Grill's um up to date on the um the progress okay please do thank you for your time thank you Council you excuse me attorney vdro you are aware that you have the right to appeal our decision you I I probably should have said that on the record but you being a an attorney I presume you know that yeah okay thank you okay the next matter on our our agenda is petition 5084 congro remodeling property location 30 Styles Road South Yarmouth Mass it's in an R40 zoning District I tell you what we're going to do we're going to take about two minutes here and let everybody who wants to clear out go ahead and thank you very much for your patience folks and your understanding we understand you uph holding the law that's okay now we appreciate you coming down well get ready gring off okay all right we all set to get started folks okay thank you okay petition is petition 4084 congro modeling propy location at three Styles Road South y with mass it's an an N40 zoning District the applicant seeks a speci permit for Section 104.3 point2 subp paragraph 2 Andor a variance from 203.50 for front and side setback relief to construct the 15 by 18 addition good evening how are you tonight folks and this is a continued mail from February 8th okay go ahead and proceed uh good evening board you could identify yourselves one more time for the record thank you I am Paul chinc I am here representing the Lich fields and congro modeling uh to get this variance uh to have a little relief from our setbacks okay okay we have a plan here so I don't see it on your uh on your actual plan but it's 15 by 18 of the dimensions I don't see the interior dimensions on your plan uh I think that if you reference sheet a2.0 okay and a2.1 on the architectural drawing okay I got you right here I got the foundation plan here right so in that package of drawings that you have the drawings labeled ec1 two and three are the existing conditions plans and elevations and then following that on sheets a 2.0 2.1 2 point uh 3.1 and 3.2 show the plans and proposed elevations okay right very good very good okay is there anything else you'd like to add at this time uh I not sure if it's helpful or not but I would just reiterate the uh the reason that we're doing this is that the owners would like to retire and move to yarma full-time uh because of uh some disabilities that Mrs Lichfield has they need to expand their existing bathroom and um and which is currently extremely small um and uh have enough room in their bedroom to bring their furniture and uh make the make the space usable for her so we need a little extra space and due to the way the building is situated on the lot we can't it's you know diagonal as the plot plan shows we don't really have any more room to go but I think that since the uh the the the bigger violation is near the neighbors's backyard um and it is a fenced area between it um it doesn't really visually you know represent it in position to the to the neighborhood the uh the the front setback on almyra road is minimal based on the new uh location which we had uh which we are showing um as guys requested on our last meeting we pushed it back as far as we could oh I see yeah I think you had it centered last time right right was closer to the front all right okay so you move that back a bit okay so you got 267 on that one yeah okay okay all right um why don't we have some questions for the board barbar you have any questions no I'm I'm um I remember this from before and I think what you've done has kind of answered our question so thank you okay how about you John you have some questions yeah a couple um I mean you've done what we pretty much asked you to do so you when you by pushing it back now you're nine and a half feet off that rear lot line right and refresh my memory so you're seeing there's a a fence back there that's correct there is a fence and then how close is the the house uh to that fence the on E lot E6 oh that would that would have a more traditional setback there's I I I can't tell you scientifically but when you drive by that street you look there is they're pretty far away no isset there yeah 10 feet is not a lot no no know not on our side but on theirs they're further okay that's situated closer to the street and no opposition from them nope they were very happy for us they said it's your G your house you do what you want I said okay thank you nice neighbor right very good thank you that's all I had okay Jay no I think I I was concerned about the the closeness of the lot um I'm trying trying to remember was there some averaging no it wasn't the averaging thing no that was a different one but uh but no I think it was 23 and it's gone back to 26.7 you know which is it's a tough lot it's a the angle the house is is diagonal which makes it difficult I think to tuck it in um so uh it is close to the side it's it's a new it's a new um it's a new violation in the front so I don't know if that would that mean it's the variance versus a well no it's there's already violations for setbacks in this because they're required on the sides in an R 40 to be 20 they are around 40 yeah they're required right so they're already violating it on the existing house with that bedroom one yeah on the so we could do with a special permit this could be done by special permit yes with a alteration and extension I'm I don't really don't have any questions you know I'm comfortable with what they did so for a special permit I think I'm I'm okay okay dick what are your thoughts yeah I'm comfortable there's events on that side the neighbors are okay with it I guess they met uh the uh requests of getting it Beyond 25 ft from almyra Road and um plus the plans and uh I would also concur that it is a difficult lot to to work with with a you know fairly large house on a coral lot trying to meet all the setbacks can be difficult yeah I I would agree with that I I think they've done a nice job to uh try to move it off the street you did that um it is a unique lot and that that side over there is really your private area too that's not really something that your neighbor is going to be using that area at all I I was over there looking at it it's it's very pretty the way it that lot is over there way it falls away yeah very nice a lot of the Yeahs so uh it is a difficult lot to work with given the uh the position of the current house so uh but you have done a good job trying to address a concerns and uh I I think given the fact that it's a bedroom there's not going to be a lot of noise over there at all so it's not like it's your family room that's over there and you're GNA have be having cookouts over there so I don't know maybe you will be but yeah okay okay yeah all right uh well that's all I have is there anything else you'd like to add uh no nothing I'd like to add okay um anybody prepared to make a motion we have to check the audience and see is there anybody in the audience that wishes to speak in favor of this petition if so please come to the microphone seeing none is there anybody in the audience that wishes to speak in opposition to this petition if so come to the microphone seeing none we have anybody online Dolores anybody in the Mr chairman okay thank you so I'm prepared to make a motion to approve a special permit has requested requested second second by dick any further discussion hearing none all those in favor please signify by saying I I any opposed hearing none that carries 5 Z now there is a 20-day appeal period which must elapsed um after that you can free to go Dolores our Administrative Assistant a call and she'll issue you the special permit uh well excuse me let me back up just to hear it will be 20 days after it's filed with the town clerk that means I have to look at it sign it and all that and Dolores is pretty good about getting after me on that so things have gotten much better so at any rate um after that filed with the town clerk then the 20-day period starts then you can come over pick up your special permit take it over to the registry of deeds and record it and then bring a copy back for our file okay any questions no okay good luck thank you very much very much thank you thank you all right it okay very much thank you thank you good luck our next petition is petition number 5095 Melissa Ferrera and Tails Coello a 14 Arrowhead Drive yarmouthport the properties in an R40 zoning District as well as the APD the applicant seeks a special permit for 47.1 to reestablish a family related accessory apartment good evening how you doing tonight good thanks um so you want to reestablish a family related apartment that we approved back in 2016 but was that the prior owners that had it correct okay and you want to do the same thing that they did okay who's the family member that's going to live there my uncle I have the affidavit right here okay so you got an affidavit okay was that for us okay so if you could leave that with us that'd be great um and you haven't changed anything as far as the size no the parking situations all the same yes okay the doors going in going out yes nothing's changed nothing's changed okay all right um all right well the board is there anything you'd like to add other than anything else um we wanted to get the siding um redone on our house along with a couple windows that are rotting and that's how we found out about this that it wasn't done so we were just wondering if we'd be able to get the siding done once this is you doing that no like like we we wanted to know if we could do it if this passes sure you might want to run that by the building commission right but but I I think he'll probably let you do that so yeah but pending his approval yes I'm sure you can yeah um we don't give you that so we don't give you that one uh we're gonna go to the B for any questions dick do you have any questions uh nope it's a simple U taking over taking over an essence of a a previous uh approval with the same statuses and apparently they're meeting all the criteria relevant to relatives and so forth so I uh should be an easy one okay Jay um I agree with dick I I just had one question egress for the downstairs what what exits do they have they have two they have two yes so um our house is a split level home so have their own exit um in the back leading to the backyard and then they have the door that connects like our main house with the ad downstairs okay yeah I couldn't tell from the plan if there was one from downstairs yeah there that's all I had thank you all right John no questions no sounds good I don't b a question okay I don't have any questions either it's pretty straightforward petition anybody prepared to make a motion um I'll make a motion to approve uh the special permit I believe yes for as requested as requested no conditions no conditions same conditions that apply to the 2016 special permit will apply to this one as well absolutely okay second second that okay any discussion hearing none all those in favor please signify by saying I I any opposed hearing none that carries unanimously now once the you probably listen to the last one but I'll tell you too there's a 20-day appeal period once the decision is clocked with the Town Clerk and that's after I sign the decision it'll be clocked with the town clerk 20 days must elapse then you can call Dolores come over and get your special permit take it over to the registry of deeds record it and bring a copy back for our file okay all right thank you very much and if you could leave that AA David with Dolores that'd be great thank you okay thank you very much do you have one our next petition is petition 50 you are sir I am how' you know I was going to take yours uh you're going in order okay next petition is 5096 Cape card Farms 3 LLC property located at 601 Route 28 West garmouth it's in a B2 zoning District the applicant seeks a special permit per 30313 Andor variance from 303.5 5.2 to replace the Mobile gas station pump and canopy good evening could you identify yourselves for the record pleas um Mr chair for the record my name is Hal chuba I'm a Consulting engineer with offices at 112 state Road in dmouth Massachusetts and I represent the applicant on this application with me is El na he's one of the owners I believe they do have a couple of other locations in town they operate um we're here for some signage relief and uh I did not fill out the application myself when some I think one of their employees who's not with them anymore they fil the process but I'm I'm familiar with this process as you proba all know youve probably seen me before here for other gas stations so that's what I do for L basic okay uh we are here with some signage relief associated with the remodeling or re the Redevelopment of this site I'm sure you probably Drive been driving by it now and I hope you you like what you see so basically that was the old Mobile station it had the three repair bays and a small convenience store uh um we did go through the design Review Committee for during the permitting I was involved in the design of the the project and we did go through site plan reviews and we got our building permit and now we're under construction now associated with with the remodeling is changing the pumps and uh upgrading the signage obviously mobile and each gas company has their own image that they like to keep so part of that that is some of the components that you see that we would like to get your approval to install on the pumps uh I believe you have in your packet the uh the uh the signage and the renderings um I you might have a small I have a larger print here if you like me I can just if you want to pass it or just so I can I can point out where exactly the the changes or what we proposed to do this is this is a larger prend or if you are there tell what why don't you come up here and we're going to put this out we're just all going to take a look at that just so we're all clear what we're looking at here so basically why don't we just turn this like this everybody wants ex come on up we'll all take a look those are the things that I'll be talking so you know what I'm so the things in red they're they're coming in here and they're going to need relief for these right and also some of the maybe the they're going to need Rel for this right here again right there's some this is the old mobile logo which probably the pumps still there still the old logo uh yes okay so you Haven made a change yet not yet so they're looking for relief for that which is a number sign this is an advertising board that I believe is on three sides here around the button on the other side and this sign right here bottom and that's all the if you want I can go through each one and I can tell you exactly the square footage of each side so this way you haven't you want this back no no I don't want it back I just so we'll keep it up here exactly reference sign on the building that that under that fits into the uh they're not seeking relief for that tonight not no the sign on a building I think I had we it be the the uh logo the store logo Farms Farms C Farms is the large freestanding sign that's uh in there is that remaining no no that's that's that that will be removed relocated back because there's some widening on root on Route 28 and the new sign which I'm glad you asked this question I have we already have a building permit for that and the sign will be 24 square feet okay you don't need so you don't need relief for that no we're taking down an existing non-conforming sign and we're replacing it with an exist with the for with theing wonderful okay so another question um the Cape Cod Farms that you are putting up correct I I haven't looked at I'm not sure that I'm not going to Grant you relief if you didn't ask for it tonight you realize that I'm not that's not on the and I believe I have to go back to check the zoning bylaws and I think you're allowed one sign if I recall 60 square feet 60 square feet 60 60 60 this is this is probably like TW not even 20 square feet so that's the reason I don't believe it's on the on the agenda because it looks like it should and um I mean just not sure if you're interested but I can show you what the what the new sign's going to look like the the pylon sign which will be in compliance Which is less than 24 Square ft that would be the new sign and the cape card sign form I mean just for your information it's not on tonight's agenda but this is what would look like right okay it will be in compliance if not we have to come back but I'm sure it's a compliance okay I just wanted to make sure that you weren't asking for that tonight okay it's not it's not on the agenda so uh and again I wasn't the one who filed for the application unfortunately the person was what I want to go over with you is [Music] um I see what your we have so do you have the sizes of these signs where are they okay if you have if you go to sheet four of your packet and existing conditions there uh yeah oh this one this one right here right okay yep so uh if you want to back to if you can go back to sheet three so I can just sheet three the UN upper side of the the page you see the three red squares on on the column of each canopy so there on each column there will be two sides and one facing the store it's not facing the street so you don't see the red from the street it's facing the store uh if you flip to the next page now uh this the the side is 2.03 Square ft I think on on page four do it says koala B the one in the middle that's the side of it so the side is 2.03 Square ft are these and how are you seeking relief under the bylaw for that sign I believe I I think we can go with the special I'm special permit with this because you already have existing signage data and I'm not you know no not allowed I don't believe I'm asking you what section of the bylaw you're relying on uh if I need to go back to because the way write perment of various so that's why I was looking to see I I think what you're going to need here is variance relief um variance because the number of signs that you're asking what are we looking at Su all these little red marks they're all individ three just let me check that one though it'll be four pumps four pumps correct yeah can you describe what these are going to do I mean they're red they're just red blotches on here are they going advertising are they yeah EI usually they have the Synergy I think are you you familiar with the one on Camp Street right I'm not uh the Mobile station on Camp Willow Street on Willow Street I I don't I mean I've been in there before I haven't been in there lately yeah similar to I think it's smaller than what they have but this is the new mobile image kind of you know if you see probably on other gas stations but again that's why we're here you know so it's not uh but it's not illuminated or anything like that no it's not illuminated no what's on it decal usually they have the Synergy logo which you see on the pump too yeah some of them say selfservice for the pump so it's like also like similar to the red triangle that it's on top it has the the number of the pump so you have 1 two 3 four five six seven eight the triangles on top are just numbers numbers that's it yeah those those are more directional in nature yeah okay so someone knows what pump they're pulling up to for example let's say they get out of their car and they need to go inside to pay inside I'm at pump four or I'm at pump three so we've generally allowed those okay okay what do you call them koalas this what they call so that this is specific to mobile correct and it's all mobile advertising going to be on it right correct yeah and so that this is what they suggest do they require this uh it's it's not required that I think they kind of so the side so so you'll you'll be aware so this each side is is is three the side is uh I believe we said that three the side is the 2 point 2.03 Square fet so two square feet for each side that's four and then the front is 3.1 square feet so basically seven square feet per pump so just so you you you have the the scope uh and uh the pump if you go to Sheets seven which this is the pump the new pumps they have the Synergy fuel technology on the bottom with the mobile and they have the mobile on top of the pump so those sust standed pumps I believe they come from mobile and [Music] directory sign one sign add [Music] menu the little triangles that go up on top do they have numbers on three different sides oh yes so it's it's on the front and the back and the side and the side yes they yeah decal they just place them on on a triangle and I believe you're only allowed to have one on one of these pillars they these other red koalas would be considered signs and so that's where you're getting the violation you have too many signs you're allowed one too many coas yeah so I can tell you normally what we do in these situations is we allow the numbered signs that we in the past have not allowed the other signs with a lot of the corporate logos on them things like that the red koalas now we Haven any had any Koalas in front of us this is the first but other corporations oil companies that come before us um xon for one I think the one at uh maybe the one down at 4 corners at Old Main Street I think we had a discussion about those um about the new sooko station station that doesn't had no um the seasons gas station I mean I they I don't think they went with any of that stuff no they have the they got relief for certain signs like the ones on the the the numbers we allow because you got to know what pump you're pulling up to now that koala right there and then the third the third sign you're going to need relief for is this one that says Synergy across the bottom of the pumps they're changing that from just the mobile to the other to the to the one of them was part of the pump on the last one this is a this is a sign that goes across the face of the pump it's not really just the pump this is more than the pump correct this ex used extends wi used mobile logo there I think yeah yeah it shows existing and new that where it's say Synergy that's a panel that goes across there m is larger yeah are the pumps the same size y could say a couple things go ahead first of all yeah I'd like to just say thank you to the petitioner in terms of deel Designing a nice looking building um listening to us on at site plan review in terms of uh plantings and Landscaping adding a window on the south AV side um so it's a a much better looking building overall um I think it's uh a good addition you just may need a little additional relief in terms of some of the signage you're looking for uh I also again would commend you for taking down the very large uh Mobile sign and become conforming on that that's a that's a good thing no that is a very good thing they've actually mitigated the non-conforming yeah nature of the other sign so they've which one was that which the old sign yeah the big one that was his d d on the little plan there first page oh okay so really just so everybody understands everything in red that you're seeing plus those blue blue panels at the bottom of the pumps that's the relief that they're seeking tonight now it says that under 303 303- one3 that relief from the requirements of section 303. 310 303 [Music] 542 3035 52 which is what they're asking for may be granted by this board by special permit provided that the board finds in addition to the requirements of section 103.2 it's just special permit special permit requirements okay the relief requested meets the spirit and intent of the bylaw all other relief shall be in the form of a variance as provided under Section 102.2 now kind of have a hard time with the variance requirement yeah okay now now want to 103.2 point2 just so we're clear what the criteria is special permits shall not be granted unless the applicant demonstrates that no undue nuisance Hazard or congestion will be created and that there will be no substantial harm to the established or Future character of the neighborhood or town in addition uh well that doesn't apply second part in well it does says individual sections of zoning bylaw contains supplemental special permit criteria for specific uses and types of development and and that which you're looking at would be the number of signs okay that would be other criteria but what they're asking for here is they're exceeding the number of signs that are allowed now personally I have no problem with the numbers um and I really have no problem with the Synergy because Blends right into the pump okay so the other one the koalas I'm kind of struggling a little bit with because it's kind of making it kind of busy and so I would be prepared to support this right now if you would eliminate your koalas and we could Grant you the balance of your relief that's my own opinion we I'll wait to hear from others if others feel that koalas meet the and I would just be ask you to be mindful at how much how many signs they're asking for here and it's not specifically them but we do need to be consistent with others that come before us I I I completely agree that's what I was looking at is the the numbers and then the the Synergy I'm fine with but uh but the addition of all those koalas I just think is excessive and I would agree as well there too red and they stick out I think they're supposed to do that from a corporate they want you to look at them I don't know what's going to be on there you know running a special on this or that but I I appreciate you know the way corporations are like that we're not saying that it's a bad thing all we're just saying is it just runs contrary to our bylaw and we we do try to go out of our way to give the the the corporate logos as much difference as we can because we understand that it is a brand that you're trying to promote and it does look nice by the way we're not saying that it doesn't look nice so uh what do you think John yeah I AG I agree I I um seems like it those koalas are totally unnecessary I mean if you don't know you're in a Mobile station when you pull in you don't you don't eight or whatever eight of those koalas staring you in the face you know so I think it's just Overkill and I would agree with Jay and Sean that you know the numbers and the Synergy is fine if we get rid of the koalas I think it' be have a nice cleaner look what do you think barabara I never heard of koalas before I think they call koalas because they grab like that like a koala yeah I think that's where they they came up with that okay yeah I don't think I don't I'm I'm sure mobile thinks they're wonderful but I don't think there's any need for them okay so is anybody prepared to make a motion that we will approve the relief requested as a special permit because I do think that is there anybody in the I I keep forgetting about the public not I shouldn't forget you if is there anyone in the audience that wishes to speak in favor of this petition please come to the microphone seeing none is there anybody in the audience that wishes to speak in our opposition to this petition if so please come to the microphone and seeing none okay and is there anything else that you'd like to add it this time all right no not really Mr chair Okay so we've had opportunity to discuss it it sounds like we're all in agreement that uh we would Grant the relief for everything but the koalas [Music] um and I think we can do this uh by way of special permit instead of variance I think they are keeping with the spirit and the intent of purpose and intent of the bylaw I don't think there's going to be any undue Hazard nuisance of congestion I think what you've done there is fantastic I think it's a great addition to the neighborhood um I was in and out of there many times uh when it was a Mobile station and Romeo was in there so I presume I'll be coming in and out of the air the same thing and seeing you guys so all right uh uh so anybody prepared to make a motion I moved I have a motion to approve second second so motion have a motion in a second to approve a special permit to Grant all the relief requested except the koalas okay y all those in favor any further discussion on the motion hearing none all those in favor please signify by saying I I I any opposed hearing none that carries unanimously as I've said before four um after the decision is clocked with the town clerk 20 days must elapse after that you get your special permit from Dolores take it over to the registry of deeds and record it and please bring a copy back for our records good luck thank you very much [Music] he doesn't like the koal either and he owns the place there we go now he gets to Buck the corporate Corporation there see the corporate pushup oh yeah well they do that yeah yeah yeah okay moving on our next petition is petition 5097 gtf and Suns construction property location 70 Breezy Point Road in South Yarmouth they're in an r25 zoning district and the applicant seeks a special permit for 103 104.3 point2 subpar paragraph to Andor a variance for 203.50 to increase the height in the required setbacks good evening how you doing today could you please uh identify yourselves and tell us about your petition yeah I'm Tyler feno from gtf and Suns construction representing Dana and Diane SP okay I'm Diane Hi D good evening nice to meet you go ahead and tell us a little bit about your petition here we proposing a 24x 12 addition uh with a second story bedroom located above um currently existing is a 12x 12 bedroom that we are looking to square off with the existing house um okay 12 by 12 is currently exists and we're looking to square off with the current structure another 12 by 12 in the front but with doing so the entire existing structure will be demoed the entire existing 12 x 12 structure will be demoed given it's not conforming with massachusett State Building Code it's not on a proper Foundation is this the uh area that you have shaded in Black right here okay the the balance of the building will stay this is the only part that you're planning to correct remove and replace to code yes yep and will your elevations stay the same as the existing house correct what we're asking relief for would be the Second Story bedroom Edition given that's preexisting on a pre-existing non-conforming lot um and you're looking to encroach towards the street that corner right there and so currently know if it's any closer than what's in now no no I mean it's pretty tight over there as it is if you the right hand side of the house currently has a 0.4 yeah that's that's an issue well it's a very very tight area over there historically it has been yeah yeah yeah no Breezy Point is you'd have 12 feet on the on the left hand side where the addition is proposed and the neighbor just is seven feet back from there yep I mean he's already there [Music] um essentially they're filling in that front corner but it's already out that far anyway right and they're really not going any further towards their neighbor to the left in fact they're probably 123 and then 127 at the driveway board and then you want a second story on it yeah with is relocating a bedroom from downstairs to upstairs to adhere to the is there somewhere on the plans that say how high your total height will be um can't be that high no it's not but I've got uh hold on a second to peek I don't know 14 14 feet or something maybe yeah give take 20 to the peak 20 20 to the peak what are you cathedral in that the second floor yes correct yep yeah the septic wa for three three bedrooms three bedrooms yeah so one of the bedrooms that's currently the the bathroom is getting is stealing one of the bedrooms downstairs read now the bathroom is like a closet and obviously my wife where there mobility issues we need fullsize bathroom she could roll into so we're taking the center bedroom which is just has a day bed in it yep bathroom right in that bedroom down there was going upstairs for over glow okay I see you got the staircase right there up around okay okay so in the front the front of the new the new part will be is that a garage or a workshop it's a workshop half gar Workshop okay so unheated I'm assuming yeah no could be insulated and insulated and heat yes sheet rock all that good stuff yeah okay okay this going to have a full foundation around the whole no it's going to be a four foot four foot pour yeah I think they're in the flood zone but yes all right dick do you got any questions for the petitioner um I don't think so um shows a deck hanging off the upstairs yeah is that but it doesn't show on the rooms on the rooms on the room layout for oh I'm sorry yeah it's up on the second floor is off right yeah it's just because it's such a small second floor area basically it's going to give us the view of the conservation area and there's a high shrub next to it so it's not like we're looking into our neighbor's property either okay that's facing the back yeah there's no one behind them the most part um well I'm certainly not F with4 ft from the neighbor on the right but that part of the house is existing and not changing I think even way back to them they did better than 04 feet usually um all right this is one of those ones that I think uh i' have to consider any neighbor input and whether they were they were for or against it's uh it's not looking for a whole lot in one sense and the other hand it's tiny lot to begin with all my neighbors would have been here tonight but their first meeting on the agenda kind of scared them off because they figured they wouldn't be able to get in but they're all for it whereas I know they out here speaking against it huh correct right and they said they would all come but they were just like is it gonna be room for be quite Frank I was a little nervous for tonight's meeting as well that's all I have J questions no I I mean I have the same concern but the whole neighborhood is really tight it all the lots of neighb tight it is it's pretty consistent with the neighborhood the second floor isn't all consistent with what the neighborhood has but uh but I don't think they're they're not encroaching any closer to the front they're not encroaching any closer to the side they're under the height so I guess I'd be comfortable with it and they have a uh they have a compelling need for yeah the lady to move around yes for sure big issue with their existing back bedroom the one that's going to be demolished there's a step about this ey which makes it inaccessible for her okay so we're going to do like an open floor on the first floor good idea good idea give you some room going upstairs to the bedroom I guess I would like to someday hopefully but not in the near future John question questions no I don't have Au no I don't have anything okay is there anyone in the audience that wishes to speak in favor of this petition if so please come to the microphone for anybody in the audience who wishes to speak in opposition to this petition if so please come to the microphone seeing none is there anything else you'd like to add at this time okay we're going to close the uh close the hearing to the public open it up for board to discussion is anybody want to make a anybody want to have a discussion on this matter is anybody prepared to make a motion you to make it I'm good I can make a motion if you like go ahead I guess we're we don't have any conditions right NOP uh so I would vote to um approve petition 5097 um um as requested in the by the petition as a special permit okay second second to that any further discussion hearing none all those in favor please signify by saying I I any opposed hearing none Ive also asked for variance relief I believe has a variance relief y you don't need that so we ask that you uh request to withdraw that without prejudice for sure okay so anybody prepared to make a motion on that no moved second all those in favor please signify by saying I I any opposed that's none okay so that's withdrawn without prejudice now as I've been telling everybody uh once the uh your decision is clocked with the town clerk 20 days must elapse yes after that time it goes by then you can call Dolores and she'll give you a special permit take it over to the registry of deeds and record it and then bring a copy back for our record you got it okay thank you very much and good luck yeah made a couple slide don't worry about that [Music] they it's already was it already three okay uh last petition is petition 5098 Jamie and Neil Bolan 358 Route 6A yarmouthport it's in an R40 zoning district and the applicant seeks a special permit for 104.3 point2 sub paragraph 4 Andor variance per section 202.5 for I4 use to allow office spased rental in a residential district Andor modify the existing variance number 626 and 1319 to change the use from gift shop to office space rental good evening evening could you identify yourself for the record I can I'm Jamie Bolan Jamie go ahead and tell us about your petition fabulous so today I request um that you consider amending the current variance um which you received in your packet um on our property for retail um to include office Spas this would bring the building into compliance and would lighten the impact of the current variants um to keep the character of the neighborhood um I do have four letters in favor from a Butters in your packet that you'll see um and if you're familiar it used to be my mom's gift shop years ago was it yep and so it had lots of traffic back then and um not so much now very quiet um operation so that's pretty much all I have and I'll so what exactly who are you renting this to we are renting it to some um right now we have who's in our s we have an accountant we have a real estate person that comes in on Wednesdays just every Wednesday to get out of their office and out of their home um and then every now and then we have visitors that are here especially in the summer that don't want to work in their house and want somebody or in their rental house or in their family house and um be in a different place to operate so it's a it's a shared office space so how many offices do you have there are two offices with doors and there are and then it's open space with desks and tables for people to work and so what would be the occupancy maximum occupancy if the place was jaming it would be I really try not to have more than like eight people in there at a time because of the space and because if you're working you need to have enough area to be able to work um well in a space like that so we do have a small kind of meeting room in the back as well that some people will use and that's a closed door option as well so my goal is it's our it's our home it's where we live we really want to lessen the impact of people coming in and out of our driveway way so we're um trying to keep it to a minimum really now you say I have a real estate person in there are they are they transacting business they are having people come in yes so they're running a real estate office uh no no no no sorry I thought you meant the account I thought you meant the accountant no they're just having their team they have like team meetings how many car how many cars on give you that in just a second y uh they do not transact real estate there okay Noe and she also the person that is there is also does like Social Media stuff I think she's writing a book so she's trying to get out of her home and out of her space in the real estate office where she does transact real estate so it's fair to say that you're looking to operate three businesses out of that building um maybe I mean well you tell us well so I'm like well I have I'm also a wedding and event planner so of the two offices I have an office so there's also that so I have my office four offices we have two offices we have two closed door offices and the rest is open space for people to come sit at a table work and you have two offices but you're an event planner I've got a real estate guy I've got an an accountant and you have an open space for people to come in who gets exclusive use of those occupancy of those offices are there leases those are separate so myself yes and then our accountant has a center office of which and where's the real estate guy go she just meets in the center open space and sits at a table and does her work and this is a a real estate company that has a separate office what's the name of that real estate office she is the cape house and I believe she works I think she's William like I'm looking at the real estate agents um I believe she works for William Ravis I think she's William Ravis not 100% sure but I know her company is the cape house okay and and I think Jay was just gonna ask how many parking spaces do you have 10 those there's AAP in your package is there existing parking spaces there right now the 10 yes y because of the retail store before they're all the same as as it was before she used to have cars in and out of there probably 15 plus a day um in and out of that area or in and out of the driveway whereas we have people that come in maybe five a day you issued a violation notice yes okay how long have you been operating that business those businesses like that um not mine has been out there the longest because I live at the house in front of it um one other was a couple months and before that we've had you know I've been operating for a while because of the fact that I was understanding that we had a variance on the property to be commercial I did not realize it was speciic great question as far as I know it's it was not as far as I know it was not a complaint I was informed that it was a question of is this allowed well somebody must have somebody must have complained of the v he's not out there looking for trouble I mean and you know I'm not trying to hide anything just I we had a variance I figured it was less impact than what the retail store was and didn't know that it had to be specific to retail okay we have the Building Commissioner here is there anything you'd like to add to our uh discussion here Mr grills Mr chairman members of the board um there was a question about the occupant how many occupants would be in the building and they're limited to their occupant based on the parking spaces that they have so for business using our parking table it's one space for two occupants for a business so they could have 20 in there correct okay a little tight well Mr chairman if I might um they also live in the dwelling so there's parking spaces that are available to them I'm not sure how many parking spaces is there it's not really laid out very well that I'm aware of I mean it's there but it's not in terms of it's striped yeah it's not stri D but we have a two-car garage so three of these spaces are in front of your garage yep we have signs that say you can park there which is fine okay okay pulled in and pulled out anything else you'd like to add do you see oh our garage was open any questions for the Building Commissioner no not for Mark no thank you Mark okay um Jay do you have any questions for the petitioner yeah my my concern is the parking and the entrance and exit it's very tight it's a small it's a tight driveway goes right down on 6a if there's a lot of traffic coming and going I am concerned um and I noticed I pulled in and pulled out and pass turned around and there were four spots on the other side but through the three that are on the picture I mean if you're if you have to pull your car out you don't want cars there so that's what I'm concerned about sure so practically speaking I could see seven but yeah I mean the driveway has not changed since my mom used to own the retail store just saying it's it's a tight driveway but do you have any questions so the only previous uh it's residentially Zone previous relief that was given was for a gift shop apparently in Junction with a house okay 1963 it was originally given a variance and I believe it was reup in what 75 yeah it's very um yeah I've got I got a little concern that I think this is a little overused of a site that's residentially Zone um I'd feel a lot more comfortable if this was something like it was was approved for before um you know or very small B&B or uh owner occupied shop and and so forth as opposed to all the space being rented out um so uh I'm kind of on the fence right now okay John so uh this was a gift shop no longer and now it's um two offices in the open space is what I'm concerned about uh who can use that anyone and how do you anyone with a that contacts us with an agreement that they can come in and use the space so you can't just knock on the door and walk in and use it so they call you say I want to use the office tomorrow from 10 to four yep so I manage all of that so if I know that we already have people using the space if if I know that we are you know at our Max Capacity I say nope absolutely not what would that be that's what I'm getting at how many people are you GNA allow in there say 20 I mean 20 is allowed but that's not what that's not what I want it to be absolutely not it's it's where we live I don't want a lot of people in our backyard so that's why we kind of went this route with it because we felt it was way less less impact it you know is not affecting our neighbors it is you know I my goal was never to make it a really big place we wanted to just have an office where I can work out of and we have this big space why not let other people use it as well that you know are working out of their home and want another place to work out of so I do not want it to be anything crazy at all and what would the hours of operation be and how ear nine to five nine to five is what we try to keep it at yep okay that's all I have right now thank you Barra 9 to5 Monday through Friday Monday through Friday weekends I think I have weekends 9 to five on Saturday but Sundays is like 11 to 4 something like that no I'm familiar with the property when it was a dress shop yep it was also there was a lot more lot of traffic going in and out of it especially when there were sales yeah so um I always found the parking adequate there was never a time you couldn't find a spot because you could you could pull right up to the front of the shop and park yep yep but you don't show those people make up every single way you could park in that driveway it's funny but I don't have any problems with it well I share Dick's concerns I'm concerned that there's too much going on at this site right here this seems to be something that is morphed over the years to a very quaint little 1960s antique shop now we're running multiple businesses out of there um so I couldn't support this petition uh you're surrounded by residential houses I don't see any other businesses in the area you get somebody right in near backyard the person in our backyard wrote a letter in faor well the person who's in your back yard may not live there forever when when we Grant you relief it runs with the land unless we restrict it to you which probably in this case should we Grant relief we would restrict it to your ownership but still I think and what I'm hearing I'm hearing that you really don't have this person or that person you know you got you're here the the real estate people are here the accountants here you're an event plan people can come in and use this open space you basically you're running whatever's going on there right it's it's a kind of a newfound thing the shared office space I know shared office space Cape space is right in hyan in a commercial District you're running Cape space on rout 6A um that's kind of what you get going here so um but in order for you to Prevail I'm not sure how dick feels I can't support it so if he can't support it either you don't pass because you need four people to pass so is there anyone in the audience that wishes to speak in favor of this petition should s with Jamie to lend a little hand here but uh no that's all right that's okay go up to yeah well you can come right in I I think uh misunderstanding as to how this works your cape space is a pretty fair you identify yourself I'm sorry my name's Peter Troutman Peter Troutman I thought I recognized you yeah sorry um it it's a uh as um Barbara mentioned the uh the use from what its previous use was a very busy gift shop and dress shop uh so this is a much less intense use of property um granted the driveway is narrow um you know it's it's not uh you know it's not set up like a commercial space like cape space but it's a um it's definitely uh a less intense use it is not separate businesses operating out of one location in other words they don't have phone numbers they aren't uh receiving their mail there for the most part um these are people that are using meeting space and using um places to meet clients um for the most part it's there's usually four or five people there at a time uh so I just want to make sure that it was depicted correctly um that said capes space is probably pretty good um description of it it's similar to that only on a very much more homey basis if you've seen the inside of the building it's uh it's an old barn uh this restored and it has a much warmer feeling it feels like a good-sized real estate office with a couple of people in one corner and a conference room that's used on occasion but it's not like 20 people descending and running businesses out of there with phone calls and um so I just want to make sure it's a fair description of of what she's proposing so okay that said um it is what it is thank you Peter good to see you see you anyone else wish to speak either in favor or in opposition to this petition hearing none seeing none Zoom we have somebody on uh Zoom Stephanie Cox I believe raised your hand hi there can you all hear me we can go go right ahead please identify yourself sure this is Stephanie Cox I live next door at 352 main um thank you for the opportunity to speak Mr chairman uh so I am here in support of this uh Incredible use of this space uh I think that Jamie and her husband have done a fantastic job with it I will tell you living on 6a there is an expectation of traffic um and uh you know tomorrow we'll we'll have the Friday Club doing um a bake sale and there will be a lot more traffic coming out of there than there ever is uh coming out of um the co-working space and um you know we don't have any problem with it um we think that it's a great value add to the community um you know especially you know I look at it from the perspective of um you know as a solopreneur myself I have my own business I actually consider Ed um using that space before I converted um a room in my in my home uh it's really good for what we are trying to do here on the cape in terms of encouraging young I don't know if I can still consider myself young professional but young professionals like J and myself to be able to um you know have a home here have a life here have a business here you know Li doing all of that establishing yourself on the cape is very difficult and uh you know having people have to uh uh you know have different individual office spaces versus using you know uh one shared space uh for those different hours when you might need it and and and uh trading off in that time I think is environmentally friendly I think that it's um you know thoughtful to uh not creating more demand for more construction um and like I said as far as the traffic goes they they're literally in my backyard and I would you wouldn't know it um so I think that I would support it and I would really ask uh the the zoning board to um to consider supporting it you know and I think about you mentioned Mr chairman that it runs with the um the life of the property not the owner I mean you know I just wonder well what happens if this is denied you know this gets um sold at some point you know and it's back to retail I think that would be far more disruptive uh to the community uh and I don't see any disruption to the neighborhood right now as it stands so I'd ask you to support it thank you thank you very much you have anybody else no sir Mr chairman okay is there anything else you'd like to add uh is there anything else I'd like to add um I don't think so I do ask I do ask for your support I mean truly feel that what I'm asking is not um you you know part of what the I don't know if it was noted in the application or violation but you know there's part that said that you know shown beond A Reasonable Doubt to be similar nature at least no more noxious or detrimental to the welfare of the neighborhood than specifically allowed use and I feel like I absolutely I'm checking that box um so I ask your support and um that's all I have to say thank you very much okay we're going to close it to the public and begin board deliberations anybody prepared to make it begin a discussion on this or have we already discussed it I I'd be willing to support it with conditions and limitations but but just without without something like that you know certainly hours and number of people or something like that I would be okay with it but beyond that I would have a problem without any kind of limitations and while I'm not excited about the uh mon occupancy and so forth uh I could be swayed in favor of the uh petitioner mainly because it seems like they have all of their immediate neighbors uh speaking in favor of this uh of this usage most most if not all well I think the problem that I have is we're going from one business to multiple businesses here and quite frankly and it may not be your fault but this property has a history of violating the variances that we agreed that we gave them it's right in all the decisions that they find a VI the violation in every subsequent decision so and now they're in violation again so um the question here is is are you going to allow multiple businesses to be operated in a residential district right there it's no longer a quaint little antique store and it's or a gift shop and I guess it went to a a dress shop um but you know they had outdoor displays before and I mean I I I'm just not getting a definitive concept here either it it's it's you know this guy's here that guy's there I've got this going it's just this there's not really a definitive business plan that we could condition I think here now if you told me that accountant or two accountants were going to be operating out of there where people come in and out and it's very quiet and there's never any noise or disruption to any neighbors that might be one thing but that's not what you're running here you got a real estate office which is going to attract traffic someone's going to say oh come on over here well you know come back to the office I just showed you this house you got people coming in and out then you got this cape space Concept in the middle I I don't know you know what's to prevent you from having a party over there those people having somebody's birthday party there now you got people coming in and out of there well I understand you say that okay and it but and but we have to we have to say you know what if because you're not in a commercial District it's not like you're down next to halet store okay if you were down there it'd be different okay that's a commercial area along 6A you're down where all the houses are there's not I mean I know the lady said the Friday clubs across the street but yeah there's also an office um building less than a quarter mile from us as well but that's right on 6a right that is and so are we both well I mean yours you got to drive out behind your house to get to it so you're not even on 6a you're you're behind the houses you're tucked into a residential area I mean it's nice over there it's very pretty it's it's I'm not saying it's a bad idea I'm just saying given the zoning you know it just wouldn't be in in in what you're proposing here I would not be in favor of anything more than one business being here and that would have to be a very quiet business one that would not ever disturb the neighbors now I don't know you you need you need four out of five you don't have you obviously don't have me and I'm not sure if the others can be persuaded I think the left side seems like they're in favor of the but yeah I think it's the most much less intensive use that's than anything that's been there in in my recent memory um um I I I don't have an issue with it at all okay my position on this is um I I'm not in favor of the open retail AP space um it's a great concept I just think it's the wrong location for it um and that's what I'm struggling with I would tend to agree if you had you get a couple office spaces if you had a few small uh businesses they professional businesses I could support that but uh that that one concept where people can come in and out and we've got we don't know who's going to be there on a daily basis uh that presents a problem to me so that's where I stand okay Jay well um I'm kind of with John in that regard I I could see one or two businesses maybe but um something that would be quiet and limited um but uh but just to have it open I have a problem with it I'll be honest so so that's where that's kind of where I'm standing right now I'm not hearing enough to feel comfortable that this is going to be a limited thing as far as traffic um and uh so I'm not comfortable with that yeah I mean it has it has been a limited thing as you know and I mean I would love Jay to go back to You' mention maybe if there were you know limitations to it or parking spots or number of people allowed in um I'd be willing to you know hear that concept because I would probably be for that you know because I'm really trying not to have a lot of people in here operating out of here on a regular basis I don't think it's for us to tell you what it should be I you have to tell us what you want sure that's the challenge right now and what you've told us so far I don't think we're comfortable with got it dick still on the fence so I I guess it doesn't matter I I I I agree with all the uh I agree with all the things just said by all parties like I said the fact that the uh most of all the abuts were so much in favor it was letting me slow sway one way but you know you sway one way on uh one thing especially in a residential loone you got uh you know you're potentially setting precedent for other situations too well it appears that you do not have the requisite votes to succeed tonight there is a violation uh notice have there been any fines Mr grills Mr chairman other have not um what I'm hearing you know just a suggestion maybe an occupant limit would be the appropriate measure to take um they they do have limited parking but that doesn't mean they have to use it all so if you guys were to condition things um and I'm not speaking in favor of it just trying to just trying to move it along for you guys okay thank you um I think that's what I was getting at Sean if there's well let me let me just suggest here if if you wanted my vote okay you'd have to limit this to if if you want to rent to a couple of accountants or something but that whole concept that that Cape space middle I I couldn't support that it's just too it's just not be it's not regulated you can't do it and and what will happen is we Grant you the special permit some will have a party out there and the same lady that's over here saying she supports it'll be calling the police on you hopefully I'm just kidding she probably wouldn't she seems very nice but that that's that's that's my problem with it okay you're in a residential neighborhood and you can't I I I just it's just too much going on in the building now I don't want to see you getting fined okay so um if you want to try to go back to the drawing board and come back with something else F I was gonna see if I could ask for a I'd be more than happy to suggest to the board that we Grant you a continuance but I I think you need to hear what the concerns are because I think there's more than just me that has the concern with that Cape space idea and and limiting your parking or limited your occupancy is a good idea and we I'm sure we would include that okay um and and you give him a job if you get anything okay put him to work um on Jamie's behalf can I ask what about Cape space are your concerns so she can't address those I mean what aspects of that they do they overcrowd or is it yeah it's it's it's just there's there's no way to control it I mean you you're just saying that you're going to we're gonna rent this spot out it's a big open space right so I call her up and say I want to have a birthday party I want to have a wedding reception yeah she doesn't I know she doesn't right okay but so as long as those limitations were in place you you'd be comfortable that's what I don't want to no I I I I don't want to say you know when we're not going to allow birthday parties we're not it's just the space it's it's multiple businesses in a residential district I would probably not be in any favor them more than two in there and they would have to be they would have to be very very just quiet conservative I I'm talking professional now if you want to turn around and run it as a gift shop you can do that say so I could do that and have more you can do that driveway I got to tell that if you came before this board today and you didn't have that yeah I wouldn't be voting for it that's understood okay sure see the thing is you got to intense use of the property when her mom had it I mean it was oh yeah you know times were different yep okay so and we not this is and this is nothing having to do with you I'm sure that you would keep an eye on everything but the problem is we don't just worry about you we have to worry about others sure all right and so I'm more than happy if you want to try to come back with a a different concept if you don't you can withdraw your petition without prejudice uh think about it and come back at a later date um the only thing I would caution you is is if you're conducting that business there now you're in violation of the zoning uh and you may be subject to fine so but that's not my department that's someone else's department so um if you're going to request a continuance it would have to be within a Lim limited amount of time and you would have to have an idea as to what you want to do sure so what's your pleasure I think I would like to ask for the continuant to at least have the opportunity to do that how long do you need how long do I need next hearing yeah when is your next hearing next hearing oh we can't get you on the next hearing I tell you what available hearing well April April 25th would be a fifth one April 25th do you think you can okay you want to come back on April 25th yeah let's do it okay um all right so uh do we have a motion to allow the petitioner to continue the matter until April 25th no moved second anybody here a second any discussion hearing none all is in favor please signify by saying I I any opposed hearing none um I think you've heard the concerns of the board so if you're coming back you know come back with something you think we're going to approve by okay I mean it's if not then you're probably better off withdrawing it all right but we you know we we we have a lot of people come in front of us and a lot of times at first plus we can't support you but we're willing to work with you as well well as anybody else in town that comes and we only want you to succeed and we know you're very respectful to your neighbors but it's really not you that we're worried about it's it's the people that you may lease to those are the people that we're concerned about so we'll see you on April 25th sure will all right are you gonna come back on April 25th okay app all right sign you have two sets of meeting minutes Mr uh who have a motion to approve the minutes dated motion to approve the meeting minutes from February 8th and February 22nd second any discussion hearing none all those in favor of approving those minutes please say I I any opposed hearing none passes unanimous do we have a uh motion to adjourn should I stand down from those well if you didn't hear yeah okay four to nothing is the uh for support go andain Dick's abstaining even though I'm sure he was on that YouTube watching this thing yeah all right that's they got you two up there at last one they did to adjourn motion to adjourn we already took that motion yeah we are adjourned okay very goodair okay well we job made it through in one piece yeah then again of course we had uh have a policeman am we had U Mr grills here to guide us we thank you for your