Recording in progress. >> How's everybody doing tonight? >> Good. >> Mr. Chairman, >> Anthony, I see you're on Zoom tonight. How are you tonight? >> I'm doing okay. How about yourself? >> Very well, thank you. Very well. >> Okay, we'll get started in just a
second. We have six o'clock. All right. Is everyone ready to go? >> Ready, Mr. Chairman? >> Okay. All right, then we'll get started. >> Good evening, everyone. Welcome to the
regularly scheduled meeting of the Yama Zoning Board of Appeals. Today's date is June 11th, 2026. My name is Sean Iiggo. I'm the chairman of the board. We're now going to convene this meeting and uh it's a hybrid meeting and we're being recorded. We're going to begin by taking
a roll call to establish a quorum. Mr. Panabiano >> here. >> Ms. Murphy >> here. >> Mr. Manon >> here. >> Mr. Martin >> here. >> And I'm here as well. Having established a quorum, I'll now call the meeting to
order. The first matter on our agenda is petition 5237. That's Agnoli Sign Company, Inc. Property location is 484 Station A South Yarmouth. It's in a B1 zoning district and the applicant seeks a special permit
per 303.13 andor variance from section 303.5.2 2 and section 303.5.3 to exceed the maximum allowed height, square footage, and number of signs at the Stop and Shop Supermarket. The
applicant requests a waiver from the requirement for a certified site/plot plan less than 2 years old. Good evening. Is the petitioner present? >> Here, Christina Mororrow from >> Okay. Magnoli sign.
>> Do you have Can you um you have video on your uh screen? >> Yeah, but I can't figure out where to put it up. >> Lower lefthand corner >> next to your audio. >> Join as a panel. >> Yeah. Can we can we join her?
>> Yeah, she's gonna join as a panelist. Then she can use her video. >> Miss Maro. >> Okay. >> Do you have the join the panelist button, Miss Maro? Yeah, I think she's >> Okay. >> And then hit your audio >> and your and your video.
>> Okay. There. >> There you are. Okay. All right. >> Hello, everybody. >> Okay. All right. Could you identify yourself for the record, please? >> Christina Mororrow from Agnoli Sign Company, 722 Worththington Street in
Springfield, Mass. >> Okay. All right. Um All right. And this is related to uh the stop and shop over at 484 station. A >> that is correct. >> All right. Why don't you tell us a little bit about what you want to do? >> Okay. Stop and Shop is looking to
modernize this uh store at 474 Station Avenue. Uh in keeping with their current company's current branding. So they're looking to paint a little bit. They're looking to take the old signs down and
install their new signs. >> Go ahead. >> So, these this store is set back far from the street from station nav about 350 ft and there's a lot of vegetation and trees and everything and they don't
properly identify themselves in the plaza right now. They're the pretty much the smallest storefront there. I mean, smallest sign in this whole plaza. Everybody has a nice sign in front of their store except for the stop and shop. So, they're looking to put this is
not even the typical stop and shop. This is a reduced size to begin with. Um, they usually put up a 4 foot five set of letters and they're looking just to put a 3 foot3 set with two three foot
circles. And this store will look exactly like the other store we did a couple years ago on Long Pond Road. >> It will have the same signage. They have a tagline that says serving our
communities in acrylic letters. Um it's it's 12 in. No, it's 14 in. And they'd like to put that tagline to the right of their sign, which is going to be in the middle on the front.
um the it will improve the appearance of their property and it's going to be an asset to the neighborhood and the community. I don't think it's going to be detrimental at all and uh it will be in keeping with the rest of their brand at their other
450 stores. >> So, all right. Um, so you're looking for this sign on the front, which is going to be bigger than what's there now. Correct. >> Correct. >> Then you're looking for the sign to the
right. Correct. >> Correct. Which says serving the community since 1914. That's a tagline that they use at all their other stores as well. That these are the only two signs they use now. They're not using
they before they had a lot of department signs, fresh food, bakery, >> all the others. They've come down to using this for their branding right now. >> So the those other signs are going to be
eliminated and that's what they're planning on doing for the rest of their stores or >> Yeah. Well, the the the stop and shop is illuminated. It's channel letters. It's LED channel letters. the serving our communities is not lit. It's just an
acrylic letter. It's a 38 inch acrylic letter. >> Right. Okay. Okay. >> And then they're just looking to change the two uh panels in their pylon sign, which I don't believe needs relief, but I figured I'd just throw it out there.
>> I don't think you've asked for that. >> I don't I didn't because it's it doesn't need relief. So, sorry. >> Oh, okay. Well, doesn't need relief. No sense in asking for it. Okay. All right. Okay. As long as they say you don't need relief, you're good. >> Yeah. Yeah. >> All right. Is there anything else you'd
like to add at this time? >> Uh, not really. I don't know if anybody has any questions for me or >> uh Well, you know what? We're going to go to the board and see if they have any questions. Uh, Anthony, do you have any
questions for the petitioner? >> I don't. Uh, the design is pretty straightforward of what they're asking. Okay. Okay. Um All right. Barbara, do you have any questions?
>> No, I don't. I think it looks great. >> All right. John, >> on the uh monument sign, >> the one that's not here, >> the one that I didn't ask for relief for. >> Okay. All right. That's the one. >> Yeah, that we're only considering the
two on the building. All right. Very nice. >> That doesn't need relief. We're only changing the face of that. >> All right. >> Remains exactly like it is. >> Very good. >> Except for it'll have a nice fresh look. >> Then that's all I had. Thanks.
>> Okay. Dick, do you have any questions? >> Um, yeah. What's it the square footage of the existing sign on the building and the proposed sign? I know I read that, but I've lost it now. The square footage of this sign here is 117 square foot for
the stop and shop and 34 square foot for the uh serving our communities. >> Okay. And the existing stop and shop sign >> the existing me here. Wait a minute. Let me somewhere.
The existing is 45 square foot. >> Okay. >> It was a twoft stop and shop and a 4 foot6 logo originally. >> Right. >> And then they had a pharmacy up there, but the pharmacy has since closed.
All right. >> 22 in and 12 in. 22 for the logo and 12 in for the pharmacy. >> Okay. So, you just told me and I forgot it already. Um, so the new one again
>> is 117 square foot. >> Okay. And the old one was only >> 40. >> Okay. So, quite a quite a change. It is quite a change. And I'm not sure what happened, but they filed for many
variances back 20 years ago. And they had a three-foot set of letters that were approved on a variance previously, but I don't know why they didn't put it up. They ended up putting this one up. I'm not I'm not I don't know the history behind it. So,
>> okay. I I'm I'm not 100% sure, but yeah, this is just in keeping with the other store and what the other store looks like. And um it is substantially less than what they
use on all their other stores. So >> yeah, I I do recall this uh store coming before us a number of years ago. Um >> I don't know what happened there. I don't know. I we we did approve larger signs. Let me see if I can find it here
in front of me. But we did and the rationale was that you were set back so far from the road that but there I believe we granted variance relief. Um and this was prior to us making some changes to the sign code.
um which we did tweak it a bit and you can get it by special permit. Now, if if we make certain findings under uh 303.13, which I'll get to in just a second,
>> I believe it was a grand union before this or >> uh another another type of store and they had a much larger sign as well, but I don't know the history behind it and so I I don't really
>> I don't I don't have that in front of me, but I >> Union Oh, you're right. It was something else. >> Guess 484 >> stock back in >> it was a stock market, I guess. >> Um,
there was there was variance relief granted back in ' 09 for or this was a freestanding sign. Um, then the other one is this. Oh, wait a minute. Here. This is 08.
Uh, um, >> your company handled it. Um, >> couldn't find all the paperwork because it was done by Mr. Singer. >> Did you come? I sat on that one. It was agreed to attach signs
which did not conform. Uh the outputs due for existing wall sign, new sign containing company's new logo, two wall signs, titles. >> See, it was a grand union at one time.
>> Scale on the plan was an error. >> Hello. something that talks about this >> these old ones. I don't >> Well, it's kind of a a mixed bag as some of it conforms and other parts of it
didn't conform. Um, >> but what the rationale was is that you were 212 ft from the road and that we granted you the relief because it was so hard to see you. I believe we
rationalized that the shape of the lot knew being set back so far and it was a hardship and that we were basically keeping in we were in keeping with the purpose and intent of the bylaw at the time. So the grant of uh variance relief
was given at that point. Um of course today we have a different standard that I'm just going to go over real quick with the board. I'm not sure everybody's read this,
but there it says under 303.13 relief relief from the requirements of sections. And there's a bunch of different ones, but these two 3035.43, 43, 303552, and 303553,
which are encompassed here, may be granted by the Board of Appeals by special permit, provided the board finds in addition to the requirements of section 103.2 that the relief requested meets the spirit and intent of this bylaw, and the
result will be visibly and aesthetically beneficial to the neighborhood. All other relief shall be in the form of a variance as provided in section 102.2. So I think we can grant special permit relief if we say that you know it's
keeping with the spirit and intent of the bylaw and that the result will be visibly visually and aesthetically beneficial to the neighborhood. So if we can make that finding I think we can grant special permit relief. Um, does anybody have any
further questions from the board? None. Uh, Dolores, does anybody have their hand up? >> Uh, no, Mr. Chairman. Not online. And >> Okay. Is there anyone in the audience that wishes to speak in favor of this petition? Please come forward.
>> There's no one, Mr. Chairman. >> Okay. Is anyone uh in the audience that wishes to speak in opposition to this petition? Please come forward. There's no one, Mr. Chairman. >> Okay. All right. Uh, ma'am, is there
anything else that you'd like to add before we close the hearing and start uh board deliberation? >> No. >> Okay. >> I think you've said it all. >> All right. Okay. >> So, we're going to close the hearing uh to the public, opening it up for board
deliberation. Anybody wish to uh begin a discussion or is anyone prepared to make a motion? Uh I had another question as to uh >> okay >> um looking back through the previous
uh decisions and so forth in 8 0809 and 14 24 um there was always this with you know the um you know an attorney write up I guess you might say. Uh,
and am I not seeing that or is it not here? >> Which one? >> I'm not saying you have to have it, but uh just the, you know, the write up like you know that always came from the attorney uh referencing this and I don't
see anything with this other than the application. I mean, it doesn't have to be, but it's always helpful. I thought I I think >> you mean the um site plan review comment sheet. >> Well, no. I'm I'm talking about uh
Well, this would be the initial letters. Oh, I'm sorry. This is actually uh in these cases, I'm sorry, this is the uh after the fact members present voting and so forth. Okay, that comes later then. >> Yeah, that's a decision.
>> I'm surprised that there's no lawyer. Martin, I think you mean an attorney narrative or something like that. I there was no attorney representing, right? >> Because that's always helpful. >> Yeah. >> Yeah. Uh anyways, I I I have some
qualms about how big how much bigger it's getting. Uh on the other hand, there was a very viable uh comment that it's way back from the road and hard to see. Uh in lie of this I
might like to ask for uh for one thing that the petitioners could do and that is that over the years they've lost a lot of trees in the site. Uh they just die off or whatever or smashed into or uh whatever. So, a number of those are missing from the
original plan uh for the site, and I would like to see at least some of those uh uh put back in. >> But a sign company can't do that, can they?
>> The sign company? No. No. But this is a Yeah, we're giving you approval for the signs. >> Yeah. But anything but they're asking for relief from the bylaw and the bylaw required when this place was built for any number of
plantings number of which have disappeared. So I don't know I think it's all right. Is that am I correct in saying that Sean? >> Well um I don't know that you're incorrect. Put it that way. >> Um I'm trying to think about that. Yeah.
Uh, I mean you where would you have them put trees? >> I'd have them put trees preferably, although I could I could agree with less, but I have them uh put every place where they're now missing from where
they were, but to begin with, and there are quite a few that are missing. I was I would guess probably 15 to 20 >> in the property or on the outside of the property. >> Uh I think the the the along station I
think those are are placed at one point and I don't think too many of those are missing but there are plenty within the islands within the parking lot that are missing now. I can pass the word along, but I can't guarantee that
I mean >> I mean I know we've done this before type of thing. >> Who who owns the uh who owns the plaza? >> You don't own the plaza stop and shop. Correct. >> No. No.
I think that's where we we might if this was a site upgrade or something and it was stop and shop coming in to do a site upgrade. I >> or a modification. >> I think no matter who the owner is, I would I I would say this is the
>> this is the party that's looking for the relief and they may have to go back to the owner of the property and say, "Hey, the idiot Dick Martin wants us to plant trees." And uh and I would I would think
there's a good uh chance that they might have to do that. >> It's Brass Water. >> That's the name of the company. >> Yeah. >> Yeah. >> That owns it. >> Simon
Romanian your I don't know. Um, >> now out on the Route 28 buffer >> on the station, >> do they have a sufficient amount of trees out there, Dick? You think?
>> You know, I I meant to go by and look carefully, but And I didn't. I know there were there are quite a few, if not the required amount out there right now, but I'm not sure to be honest with you.
>> Okay. Well, um well, let me ask you this. Um other than the trees, would you be satisfied that the relief being granted could be granted under special permit? that visually and
aesthetically that what they're proposing meets the criteria for a special permit. >> Yeah, I'm fine with aesthetically and get some more trees in there that uh visually it'll be
somewhat blocked anyways. Uh but uh yes, I would say that's okay. >> Okay. Can I just go around the board real quick and just see if we're working if the board would agree that we're working
under special permit or variance? Um, Barbara, your thoughts? Do you think this meets the criteria for special permit? >> Um, I would think so. Yeah. >> Okay. John, >> yes, special permit.
>> And Anthony, your thoughts? >> Yes. Special permit. >> Okay. And I I'm in agreement as well. I I think it does. Um I I do note that uh similar relief was granted to the stop and shop on station a excuse me on Long
Pond Drive I believe just a year or so ago. I didn't sit on that. >> Yeah. 2024. >> Right. And and that I believe that was for similar relief. Um, well, I I'm not
Does anyone have any other concerns other than Dick's concerns about the trees? Okay. Hearing none, I'll say then that's no one has other concerns. Um, well, I do appreciate the the issue with
the trees and I'm like to see as many trees as we can on these. I'm a little concerned that we're not holding the owner of the property responsible for that. And like I said,
if this was Stop and Shop coming up with a instead of the signs cuz I'm not quite sure that they're the ones that are responsible for not putting these trees up. that that would be my concern
that they might not be the proper party for us to make that demand to. I know what you're saying, Dick, that we've got an anchor tenant that's come in and looking for. >> Yeah, I I mean, I know it was the anchor tenant when this property was built originally, which actually predates stopping job.
>> Um, yeah. >> That uh you know, that was part of their plan and what was required to be done and what they did on their their plans at that time. Yeah. Was that AMP? Is that what they were? >> Grand Union.
>> Yeah. >> Um Well, um I guess my own feeling on that would be I I I >> I mean I can probably let it go. I mean, I could actually go to the um building
department and say this is missing a whole bunch of trees from the beginning and he might be able to follow up on that as well. So, >> why don't we try why don't we suggest we might do that and ask the building department for an opinion >> and whether that could be some type of a
enforcement on that on that end. I'm a little reluctant to hold this petitioner responsible for the entire business center. >> I agree. >> Okay. All right. Um, so was do we have anybody
prepared to make a motion? >> I'll make a motion to approve the petition as granted. >> Okay. >> Or as requested. >> All right. Um, do we have a second to the motion? >> I'll second it. >> We have a We have a motion made by John,
seconded by Dick. Any discussion on the motion? Hearing none. The only thing that I would say is I believe they meet the criteria in the bylaw that by granting this relief while keeping in the spirit and intent of the bylaw that no one undue hazard nuisance suggestion will be
realized by the granting of the special permit. um that they certainly have a need for an expanded size sign due to the fact that they're set back so far. And so um hearing that I do think that they meet the criteria. Uh if there's no
further discussion, we'll take a roll call. Mr. Paniano, >> I >> Miss Murphy. >> I >> Mr. Manon. >> I >> Mr. Martin. >> Hi. And I'm an I as well. That carries
unanimously. Um, now you've also asked for a uh well, before I get to that relief, we'll I'll get there in a minute. As you know, there's a 20-day appeal period. Once it's clocked with the town clerk, after
that uh period runs itself, Dolores, our administrative assistant, will contact you. will need you to take your special permit over to the registry of deeds and record it and bring a copy back for our records. >> Correct. >> Okay. >> Thank you. >> Now, you have asked for an alternative
form of relief and that of a variance. You don't need variance relief. So, what we would do is ask you to request that you withdraw that form of relief or request for relief without prejudice. >> I I withdraw that request for relief
without prejudice. >> Okay. Anyone prepared to make a motion? So move. >> Okay. >> Second. >> Motion made. Seconded made. Any discussion on the motion?
>> Anthony. >> I >> I Barbara >> I >> John >> I >> Dick >> I >> and I'm an I as well. So, the uh request for variance relief uh to withdraw the variance request to withdraw the
excuse me, let me try that one again. The motion to allow the petitioner to withdraw their request for variance without prejudice is granted. Um okay, we're all set for tonight. >> Thank you. >> Wish you the best. Okay.
>> Appreciate it. >> All right. Thank you very much. >> Have a nice evening. >> You too. Bye now. Hi. >> All right. Here. The next matter on our agenda is petition 5238.
Alicia Lynn Ludwig doing business as the Holiday LLC. Properties located at 35 and 41 Industrial Park Road in West Jarmath. It's in a B3 in an APD zoning district. The applicant seeks a seeks to
modify special permit 5079 dated May 8th, 2024 and/or a special permit per 202.5 for B3 use in a B3 zoning district to
allow boarding for up to 40 dogs. The applicant requested a waiver from the requirement for certified site plot plan less than 2 years old. Good evening. >> Good evening. >> Hi.
>> Hi. How are you tonight? >> Could you identify yourself for the record, please? >> I'm Alicia Lewig. >> I'm Les. >> And who's this gentleman with you? >> I'm the property owner. L Sturgis. >> L Sturge. You're the property owner?
>> I am. >> Okay. All right. Um All right. So, you're seeking to modify a uh a special permit that was granted to Give me one second here.
Matthew White, is that correct? >> Yes. >> Okay. And who's Matthew White? >> He uh he and I have had owned the business for the last 12 years and he
parted ways and now I'm the sole owner. Okay. And um are you part owner of the Holiday LLC? >> I'm the sole owner now. >> You're the sole owner now? >> Yes. He
>> Were you owner of the LLC when we granted this relief? >> Yes, sir. >> You were? Okay. >> Yes. >> All right. >> Okay. Well, the reason why I asked that is we could go one of two ways here. We can either modify the existing special
permit or you can ask for a new special permit. Now I know under the terms of the original special permit that we granted, we granted it exclusively to Matthew White personally, but we were actually granting it also to the I
believe the holiday LLC. I think you probably should have been named as one of the principal owners at the time. >> Okay. And I think that special permit probably should have also um encompassed you and included you and
it didn't. So that that may have been a scrivenous error. My thinking is we can probably do this by modifying this special permit. Um but what I want to do first is I want to
go to the board and see if they agree with that. Anthony, your thoughts? Do you think that's the way to go or do you think there's a new special permit that's required? >> I don't think it's a new special permit is required, but I don't think it's I don't think the applicant has the name
correct. Um >> Okay. the the LLC to to from the Secretary of State is How Day in of Cape Cod LLC and the applicant
has it has her name DDA Holiday LLC not it's missing a a portion of >> I can I can explain that >> um >> okay >> when we were in talks of
um separating within the business. I applied for another LLC, but that LLC is not being used. So, the LLC that's on the permit
is the one for the state and it is the Howl A Day LLC. The Halliday LLC doesn't exist in the Secretary of State.
>> No, it it it does. We um I'm not sure how I can show you that right now. Um >> are you online, Anthony, looking at that? >> Yeah. >> Okay. it. We have a copy of
>> I I have a >> So I have a >> All right. I have a Holiday LLC. >> Yes. >> Okay. >> Yes, that's the one. >> So, but >> and we've been that for 12 years. The Holiday in of Cape Cod. that one.
We, Matthew and I were in talks to separate um about a year ago and I filed for that, but that has not been in use. We I've continued and so he he's left the business and I am now the sole
owner. Um are you on there too? >> It's the same business. >> Yeah, it's the same business. Um >> Okay. >> And and it has been for the last 12 years. We we never s switched over to the to the other one. >> Okay. I just
wanted to get that clear. All right. Okay. So, my question is and let me just check here. I have a Commonwealth of Massachusetts LLC,
Holiday LLC, dated April 28th, 2015. The resident agent, Matthew White, and that's you, Alicia White, correct? >> Yes, he he is my ex-husband. >> Okay. Okay. All right. the name and business of each
manager. Okay. All right. Um, but you're saying that this this is still in use, this LLC? >> Yes. >> Okay. Um, are you good with that, Anthony?
>> Yeah, I'm good with that. >> All right. >> Yep. >> Okay. So, if that were the case, um, would you agree that we could modify? You think that's the best way to go instead of granting a new special permit
to this person? >> Are you asking me? >> Yes. >> Yeah. Yeah, I think that's fine. >> Okay. >> I Yeah, I just wanted to make sure the name >> was clear since I saw some multiples under there with a similar name, but Okay, that makes sense to me.
>> Okay. And uh John, your thoughts? Do you agree with that? >> I I do. I think if it's it sounds easier to modify. >> All right. And Barbara? >> Yep. I agree with that. >> And Dick? >> Yep. Okay.
>> All right. Okay. And uh back when we granted that uh that relief, there were certain conditions that were placed on that decision. And ma'am, is it is it your understanding that you've been following all of those
conditions? >> Yes. >> And you understand all those conditions that must be continued to be followed? >> Yes, I do. >> Okay. And so if we were to modify this petition, uh, and what we would do by modifying, I
guess, is just grant you the relief doing business as, and it would no longer be Matthew White. Okay. um that you would continue to carry on the business as required through this board through the decision.
Correct. >> Correct. Yes. >> Okay. All right. Very good. Okay. Um did you want to add anything else at this time? >> I do not. No. We >> Okay. >> We've been I've been doing this for the
12 years and I haven't we do it the same. So >> Okay. All right. Very good. Okay. Uh, we're going to go to the board right now. See if anybody has any questions. Dick, do you have any questions for the petitioner? >> Is it the same number of dogs? >> Yes.
>> Right now? Yeah. >> Yes. >> Okay. Uh, I guess it'll come come up here at some point where the direct neighbor is concerned that a fence on this property
or maybe on this property. It might be on his property. Um, and apparently he's hired a engineer to take a look at it and see if that's the case. Uh, would you be willing to move that if it turned
out that it was on his property and not your property? >> Would I be willing to move my >> move the fence if it's not on your property or >> the owner's property? Yeah. >> Yes. >> Okay. Otherwise, I'm I'm good. I'm good with
everything. Yeah. Okay. All right. Um, Barbara, do you have any questions? >> Um, no I don't. >> Okay, John. >> Uh, no questions. Just to clarify though, there's no change to the
business. It's just >> That is correct. Just an owner left. >> That's it. >> Yes. >> Okay. Very good. That's all. No questions. Thank you. >> Okay. Um, Anthony, do you have any questions? >> I do not.
>> All right. And I don't either. Um, I will note that there was uh this letter and I will read it into the record. It's from David Gross. Um, apparently he is someone who's interested in purchasing property at 25 Industrial Park Drive.
And he says that last week I received notification that the owner of the abiding property referencing the subject line above is petitioning the zoning board of appeals for a waiver from the requirement of certified site plot plan less than two years old. My brother and I are currently under agreement to sell the property pending the removal of
specific contingencies agreed to with the prospective buyer. A preliminary site review suggests the offense erected by the petitioner may be encroaching on to our property or should I say the seller's property would be more uh correct. Uh our prospective
buyer has hired a registered engineer who's the owner of this property. Oh, they own the property. Excuse me. I'm sorry. They are the owners of the property. Our prospective buyer has hired a registered engineer to formally
stake the property. However, that study may not be completed prior to the her hearing currently scheduled to occur on June 11th, 2026. Thus, I am submitting this information for consideration by the board prior to making a decision on the requested waiver. I feel it would be
prudent to allow the engineering review of our property to be completed prior to making a decision in an effort to mitigate potential issues in the future. If the engineering review does determine that encroachment on our property exists, I reside in South Carolina and
cannot attend the board meeting and desire to participate in the proceeding via Zoom. If you can provide that information, best regards, David Gross. Do we have David Gross on uh Zoom tonight? >> He is uh yes, Mr. Chairman. Mr. Gross is online. I'm not sure if he wishes to
speak. Well, um if he can hear us, I would say that um uh the petitioner has represented that if their fence is on your property that she will remove it. Um
that's really not something that's in our purview to tell somebody to remove a fence that may be encroaching on someone else's property. We obviously can't give relief to someone to put something up on someone else's property. Um, but she has
represented to the board and uh she would be required to remove that should it encroach on your property, Mr. Gross. Uh, I hope that's satisfactory to you. Um, you >> Yes, Mr. Chairman. I um when I was first
notified about the petitioner um it was just kind of ironic the timing of this whole um situation as like I said I am in the process do have we are under agreement um the prospective buyer is
seeking approval from the town to use the property in a certain way and one of the things that came up um like I said I live in South Carolina I haven't physically seen the property probably at least 15 years. I don't know when the
fences I do remember that the business I don't really recall exactly what business was there on the Abui property and I do not recall if there were any fences erected at the time the last time I saw the property. So I just wanted to try to get ahead of any potential issues
if and it's actually I I didn't hire the engineer. The prospective buyer has hired an engineer. Um, and then I'm I was just concerned that if the that engineering uh review does indeed show that the
fence is encroaching on our property, what would be the next steps? I don't obviously don't want to get into legal issues if if they can be mitigated here. Um, and the reason I really wanted to and sent the letter in the first place is because it did say that the applicant
was requesting waiver of the requirement for a certified site plot plan less than two years old. >> Yeah. >> I don't know when the last time a site plan of the Abutis property was performed and I don't know whether or not that was performed before or after
any fences that have been erected. >> Okay. Okay. Well, um we do as a general policy um wave a lot of those because it is uh somewhat of a financial burden a
lot of times on the petitioners when they go over two years old. Um, I will say this that if we saw a a certified plot plan that showed a fence that was on her property, and I don't know if it
would show running onto your property because we'd only be looking at her property, >> but if it showed that, this board would not be granting any relief to allow that fence to go onto your property. >> Nor would we do that with anyone else. So, >> understood.
>> Yeah. So, I mean, I think um if you do find that um I think and if you contact our petitioner here, I think you or the prospective buyer of that property will certainly be able to uh rectify that problem if it does exist.
>> Okay. I appreciate Mr. Chairman. >> All right. Thank you very much. All right. Is there um anything else the petitioner would like to add at this point? >> No, sir. >> Okay. Um,
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 in the audience that wishes to speak in opposition to this petition, please come to the microphone.
Seeing none. Okay. And we don't have anyone with their hands raised, Dolores. >> Uh, no, Mr. Chairman. >> All right. Uh then we're going to close the um we're going to close the discussion up to the public, open it up for board deliberation.
Um is anyone prepared to begin a discussion or to uh make a motion? >> I'd make a motion uh to to amend the special permit to name the proper party. >> Okay. So, we're going to modify special
permit number 5079 dated May 8th, 2024. And we will be modifying it to substitute Matthew White as the owner of the property. I guess uh the
the way the special permit reads is it's personal to the petitioner is what it is. And so when the person ceases the use then the special permit will lapse and that if someone else wants to
continue that use they then have to come back before the board. Um if there were no previous relationship or if there were no uh or if um Alicia it's Lwig now.
>> Yes. >> Is that my Yes. Uh, if Miss Ludwig was not previously an owner of the LLC, um, then that would be different. Then she would have to come back and seek a new special permit. But I think in this particular case, the modification is the
proper way to go. Um, so we have a motion made by Anthony to modify special permit 5079 um to substitute Matthew White. Excuse me. To substitute Alicia Lwick
in place of Matthew White. Do we have a second to that motion? >> Second. >> Seconded by John. Any discussion on the motion?
Hearing none. Uh Anthony, >> how do you vote? >> I Okay. Uh, John. >> Hi, >> Barbara. >> Hi, >> Dick.
>> Hi, >> and I'm an I as well. That passes five in favor, none against. Um, that's the only relief. Okay. So, um, your special permit, the modification of your special permit is granted. Uh, as was told to
the last petitioner, um, once the decision is written, it will be clocked with the town clerk, 20 days must elapse. That's a technical appeal period. I don't think anyone's going to do that. Um, after that period runs, Dolores will contact you. You need to take the special permit over to the
registry of deeds and record it and bring a copy back for our records. Okay. >> Okay. >> All right. Well, good luck and thanks for coming in. >> Thank you. >> Okay. Byebye. >> Very much. Have a good night. >> Thank you. Nice to see you again.
Just second here. And the final petition is petition 5239 Ansel and Gretle LLC. The property location is 60 Anel Howlet Road in West Jarmath. It's in an AED, APD, and zone 2
zoning district. The applicant seeks a special permit per section 406.5 for the storage of hazardous materials by the proposed tenant SRS Building Products, a roofing and building supply wholesale company.
Good evening, council. Could you identify yourself for the record, please? >> Sure. Thank you uh very much. Good evening, Mr. Chairman and members of the board. For the record, my name is Eliza Cox. I'm an attorney at Latanzi Spalding and Landrith in Orleans. Um, and I'm here on behalf of the owner of the
property, which is Anel and Gretle LLC. Uh, joining me this evening, uh, is Bruce McGregor in the audience. He's a principal of the property ownership entity. And then seated to my right is John Marone, who's the district manager of SRS uh, building products, which is
the proposed tenant uh, in this application. Um shall I continue? >> Yes, please. >> Okay, great. Thank you. So, um as was indicated, we're here seeking a special permit uh relief which is required to
allow SRS to store more than household uh quantities of hazardous materials in the aquifer protection district. Uh prior to coming here this evening, uh John Bruce and I also met with the board of health on May 18th to discuss this
proposal. And I'm pleased to report that the board of health has unanimously recommended uh approval of this proposal to to you all with uh three conditions which are outlined in the very uh comprehensive memo from Carl Lawson
who's the town's hazardous materials inspector dated May 22nd uh 2026. Um, we have no issue with the three uh recommended conditions of uh the board of health in terms of
>> shall I continue or >> Yes, please. I'm sorry. I didn't mean to interate. Okay. >> Um, in terms of uh just sort of an overview and context. So, the property uh as noted is address 60 Anzel Hallet Road. It's in the adult entertainment
district and the aquafer protection district. It's a little over 2.67 six, seven acres of land and it's the former site of the FedEx distribution center um which had been in that location since about 1991, the early 90s. Um previously
FedEx had a maintenance garage located within the building where it repaired and maintained its fleet of trucks. Um this resulted in hundreds of gallons of hazardous waste including oil fuel filters uh fuel oil and vehicle repair
activities occurring within the building. Uh SRS the proposed tenant is a wholesale distributor of roofing and other exterior building products. It does not generate any hazardous materials or wastes associated with its
use. Um there will be some company vehicles uh associated with SRS's tenency. Um all of those will be fueled offsite. Um except for the forklifts which run on propane. So that's not hazardous. Um similarly all of the SRS
trucks will be maintained and repaired offsite. Only the forklifts and the moffets will be serviced on site and that will be done by a professional third party third party uh who does that. Unlike uh the prior use, no vehicle washing will occur uh on the
property with SRS's tenency. Um in terms of hazardous materials, as I mentioned, uh there will be no generation of hazardous materials and no no generation of hazardous waste on site. Um, instead SRS is going to be
storing uh bulk building products um in their original packaging and a small portion of their inventory includes uh hazardous materials. These are uh primers, bonding adhesives, sealants and common all all of which are common
roofing materials. The total anticipated quantity of hazardous materials uh wholesale hazardous materials to be stored on site at any given time is 266 gallons. Again, all in their original packaging and not used on site, but just sold as part of the wholesale uh
process. In addition to those wholesale uses, SRS also proposes to store approximately 64 gallons of hazards materials on site for company use. Um, this includes a 55gallon drum for diesel
exhaust fluid uh for its delivery trucks and two to three gallons each of gasoline for snowb blowing uh two to three gallons of windshield wash antifreeze and just regular cleaning products for the company. So, taking
into account both the wholesale and the company use items, um SRS expects to store at any given time approximately 330 gallons of hazardous materials on the site. When we were working uh through this with um Mr. Lawson and the
board of health, it was recommended that we uh seek permission to store up to 400 gallons at any time in case a new pallet of materials comes in before the old pallet is gone just to give for some uh company flexibility.
Um, as is explained in uh great detail in Mr. Lawson's memo. All of the hazardous materials would be stored indoors in a room that's labeled hazardous materials storage room. All of the materials containing hazardous uh uh
products will be kept on um spill control pallets which exceed the 150% uh secondary containment that the board of health requires. We're going to be more than 150%. So, um, wrapping up, we think this is a
much more protective use of the APD than the prior use of the site. Um, again, we're exceeding the 150% containment, secondary containment. Uh, there's no vehicle washing, no refueling of trucks or moffets on site. Uh, no on-site
repair um of the delivery trucks. and uh comfortable with the again the three conditions that the board of health recommended which are um that the maximum on-site storage of toxic or hazardous materials is limited to 400 gallons total. That's number one. Number
two, a detailed material spill containment plan must be conspicuously approed at all times and all employees must be familiar with the plan. We did submit that to the health department and board of health. They were comfortable with the plan. And uh number three that no vehicle washing is allowed on site.
So I think I'll stop and uh John and I are here if you have any questions. Thank you. >> All right. Thank you very much, councel. Um Dick, do you have any questions for the petitioner? >> No, I don't think so. It looks like a
less in uh invasive and intrusive use than what was there previously. Uh looks like they've got all the bases covered relevant to hazardous waste u control. Thank you.
>> I did Sean uh before we start, I did just want to say to um Attorney Cox, I have had matters with uh the owner. I didn't realize that Bruce McGregor was one of the owners uh until now. I don't
think it's a conflict, but I just wanted to acknowledge it that we've been on the same side of a coin uh before. Um but if if if need be, I'm happy to recuse, but I don't think it's a conflict of interest.
There's never been um an issue there. So, I just wanted to raise that. >> Okay, that's fine. Any objection by the petitioner? >> No. Thank you. >> Okay. Okay, that's fine.
All right. Um All right. Uh Barbara, do you have any questions for the petitioning? >> Um yeah, just I think two quick questions. How many employees are on site on average? Do you would you say >> roughly uh getting started? There'll be
probably three to five and it'll probably be about five to seven. >> Okay. And what kind of training do they go to through you know if there's a spill? So it's a pretty extensive uh we we have a operating system called workday that we have to go through.
There's probably 15 18 tradings that we have to go through um on a yearly basis that have to get done um most include hazardous materials but I wash >> sir could you uh sit a little closer to the microphone?
>> Y sorry about that. Uh so we go through roughly 15 18 trainings. Uh a lot of them um handle hazardous materials because we do handle hazardous materials. Um there will be a sign posted as to what to do in case of a a
hazardous spill. Um and and all our guys are trained yearly. Okay. >> Have you had any spills before? >> I've been doing this for 14 years and we have not had a spill. >> Okay. Thank you. That's all. Okay. >> All right. John, do you have any
questions? >> Nope. No questions. Thank you. >> And Anthony, do you have any questions? >> No. >> And I don't have any questions either. I think we all have it in our packet. We have a memorandum dated May 22nd, 2026
to the zoning board of appeals from Carl E. Lawson, Jr., the hazardous materials inspector. Um, and he lays out in detail the review of this project. And referencing page six, I will just
read into the record that legal council for SRS Building Supplies, Eliza Cox, and SRS Building Projects Regional Manager, John Marone, presented their proposal to the board of health at the regular board meeting on May 18, 2026. The board of health approved
recommending the proposal of SRS building products to the ZBA by a unanimous vote with four members voting present and voted. This recommendation is based on the ability of SRS building products to comply with the town of Yarmouth Board of Health's regulations
handling and storage of toxic or hazardous materials and based on the following three conditions listed below. These conditions are in addition to the scope of the regulation are intended to provide additional protections for the APD.
As was previously stated by attorney Cox, they are the maximum on-site storage of toxic or hazardous materials is limited to 400 gallons total. A detailed material spill containment plan must be conspicuously posted at all
times and all employees must be familiar with the plan. No vehicle washing is allowed. The board of health and health department respectfully request that if this proposal is approved by the ZBA, the preceding three conditions please be
included in any decision. Furthermore, if allowed by the ZBA, these items will be included as conditions of the annual board of health license. Um, it's generally been this board's policy to
not only incorporate these conditions, but the memorandum and whole and any requirements that are contained within this memorandum. I would also refer this board to pages five
uh at the bottom, board of health regulatory requirements and that they list on page six 12 specific requirements um that I would ask the board that we
incorporate into our decision along with the memorandum in its entirety. Well, and we can discuss that uh later on, but it would be my recommendation. Um, is there anything else that the petitioner wishes to add at this time?
>> No, thank you. Um, I think we would be fine if the board wanted to include those uh 12 points on page five. Those are requirements anyway of the health department and getting the annual license. >> Um, so it would be sort of duplicative, but if if that makes the board
comfortable, I don't see an issue with that. We just like to do that just to incorporate it all like that just for subsequent purchasers or anyone who may step in as a manager or something just so everybody's all on the same page. >> Sure. >> Um
okay. Uh anything else from the board? >> Actually, Mr. Chairman, could I just clarify one thing? Um that would be in your decision. So number three on page six, the first part says no outdoor storage of materials is allowed. Um that
should be hazardous materials. I think that's implicit in the board of health requirements because that's what the license is for. There are um with this use there is proposed storage of outdoors of materials but not hazardous materials. So for the purpose of your
decision, I would like that to read hazardous materials outside. >> I I I I think that's reasonable. Would the board agree with that? >> Yeah. >> Yes. >> Okay. Sure. Okay. So, we'll just make a note on number three. Um
>> actually, Mr. Chairman, could we just make a note on all of those? I mean, all it talks about materials, you know, throughout and again, these 12 points are really only pertaining to hazardous materials. I just want that to be clear. >> Yes. I I have no problem with that. Is the board in agreement with that?
>> Yes. Yeah. >> Thank you. >> Okay. No objection by any board members. Okay. Certainly. Yes. Um will you be giving asked a draft decision, Attorney Cox? >> I'd be happy to. Sure. >> Okay. So, if you want to incorporate
that into your draft decision, I'll make note of that. And uh that that's no problem incorporating that language. And I'm sure that was the intent of Mr. Lawson as well. >> Yeah, that's their perview. So that is the the intent of that. >> Yes.
Okay. Okay. >> All right. Was there anything else that you'd like to add? Uh, Attorney Cox. >> No, thank you. I I appreciate this process through the town. It's been very thorough. We've done site plan review. Um, we had to meet with conservation for a fence, but uh, I think, um, you know,
it's been very smooth and I know my excited to see this building reoccupied. Thank you. >> Okay. Very good. Very good. Um, all right. Uh, then we Is there anyone in the audience that wishes to speak in
favor of this petition? If so, please come to the microphone. Seeing none, there is anyone who wishes to speak in opposition to this petition, please come to the microphone. Seeing none, do we have anyone with their hands raised, Dolores?
>> No, Mr. Chairman. >> Okay, then we're going to uh close the uh close the petition to the uh public and begin board deliberation. Um, is anyone prepared to begin a
discussion or to make a motion? >> Uh, I will move to uh approve petition 5239 as as requested. uh w with the uh additional uh provisos it'll be subject to
any board of health and other require requirements of any other town committees. >> Okay. So we'll incorporate the memorandum from the board of health and the requirements contained within. >> That's correct. Yeah.
>> Okay. and and in specifically the the three that were mentioned by the board of health uh on page six and seven. >> Right. Okay. All right. Um is there a second to that motion?
>> Second. >> Okay. Any further discussion? I would suggest that the petitioner has met the criteria of the bylaw. Um, I don't think there'll be any undue hazard, nuisance of congestion,
uh, nor is it deprecating from the purpose and intent of the bylaw. I think they've shown that they will be good stewards of the act for protection district. They understand the requirements that must be met. They have a long history of being in this industry and they've never had any problems in
the past and uh, I think they'll probably do a great job and we're very happy to have them in town as a as a new business. Um, anything further? Hearing none, moving the question. Anthony, how do you vote? >> I
John, >> I >> Barbara >> I, >> Dick, >> hi. >> And I'm an I as well. Did I miss anybody? >> No. Okay. All right. For some reason, I thought I only asked for
>> didn't ask for all the other board members. And I'm an I as well. Okay, that passes. Five in favor. not against. Attorney Cox, as you're aware, once it's clocked with the town clerk, we have a 20-day appeal period. Don't anticipate anyone will repeal this. Um, Dolores
will contact you for the special permit, and if you would go over and record it at the Registry of Deeds and bring a copy back for our records. >> Absolutely. >> Do you have any further questions? >> No. Thank you very much. Have a great night. Thank you. >> Thank you. And we'll look forward to a draft decision. >> Great.
>> All right. Thank you, everybody. Seems like an awful big building for that. >> Seems like an awful big building for that. >> Yeah, I know. >> Okay, Barbara, do we have minutes? >> No, I don't have minutes. >> Excuse me. Not Barbara. Barbara, but
Dolores. >> Uh, yes. >> Dolores, do you mind if I call you Barbara tonight? >> You can call me anything you want, Mr. Chairman. Uh, we have minutes from May 14th and May 28th. >> Okay. Um, we have uh the minutes of uh May 14th, 2026. Do we have a motion to
approve them? >> So move. >> Have a second. >> Second. >> Second. Second by Anthony. Okay. All those in favor, please signify by saying I. >> I. >> Any opposed? He hearing none. And do we have a motion to approve the minutes of
May 28th, 2026? >> So moved. >> Have a second. I'll second. >> Yep. >> Okay. Who do we have? Barbara, do we have Anthony? Who we have in the last one?
>> We had Anthony on the last one. >> Okay. Seconded by uh I think Anony's on this one. Barbara was on the one before. >> Oh, was it? Okay. >> All right. All those in favor, please say I. >> I. >> I. Any opposed? Hearing none.
>> I I guess I'll abstain because I wasn't there. >> Okay. Then we'll have four in favor. >> Um, do we have any other matters on our agenda tonight, Dolores? >> No, Mr. Chairman. >> Okay. Well, hearing none. Do we have a motion to adjourn? >> Motion to adjurnn.
>> Second. All in favor.