Yarmouth Zoning Board Dismisses Petition Over Ownership Dispute, Approves Employee Housing Permit
- Meeting Overview:
The Yarmouth Zoning Board of Appeals convened on February 13, 2025, addressing a range of petitions, with the dismissal of a variance request due to an ownership dispute and the approval of a special permit for seasonal employee housing standing out as key developments. The board dismissed a petition from Steven Wilson regarding the use of camping equipment for year-round habitation due to improper filing and unresolved ownership disagreements. Concurrently, the board approved a request from Sandbar Management Incorporated to renew a special permit for seasonal employee housing at a local motel.
The meeting took a turn when discussing a petition submitted by Steven Wilson, who sought a variance to occupy camping equipment year-round at a property on Route 28, on Denver Drive. Wilson, a community farmer since 1997, intended the variance to provide housing for his son, Christopher. However, the petition was improperly submitted under Wilson’s name rather than the actual owner, Melo Wilson Cranberry Corporation. This discrepancy prompted the board to dismiss the petition, emphasizing that it could not proceed without proper ownership documentation.
A complicating factor emerged when it became clear that Wilson and his brother, Brian Wilson, co-own the property under the corporation. A schism arose, with Brian opposing the variance, expressing, “I don’t think it should be allowed,” thereby creating a legal impasse since the board cannot grant relief if one owner opposes the request. The board advised the brothers to seek legal counsel to resolve their differences before refiling the petition. The board chair stressed the importance of alignment between co-owners to prevent adverse outcomes.
In contrast, the board smoothly navigated the petition from Sandbar Management Incorporated, represented by Attorney Andrew Singer, seeking to renew a special permit for seasonal employee housing at the Town and Country Family Resort Motel. The request aimed to extend the permit for 2025 and possibly 2026, allowing all motel rooms to continue being used for seasonal workers. Singer assured the board of compliance with previous conditions, including security measures and a resident code of conduct, noting minimal police involvement.
The board deliberated the merits of granting a one-year versus a two-year permit. One member referenced a similar arrangement permitted for Parker River, while another praised the management’s performance, saying, “Mr. Morama has done a very good job along 28 and that the hotel had been a good neighbor.” An email from local resident Kevin Enight confirmed community support, reporting no issues with the establishment.
Despite the discussion favoring a two-year permit, the board leaned towards a one-year renewal, prioritizing annual oversight to ensure ongoing compliance. With unanimity and no opposition, the board approved the request under the same conditions as before.
Amid these discussions, the board also addressed Petition 5144 from Alfredo and Janel Lo Lal, seeking a special permit for property alterations on Television Lane. The revised plan aimed to decrease non-conformity by adjusting the house’s position and increasing its ridge height. The applicant’s efforts to align the foundation and improve compliance received positive feedback from the board. However, the requirement for conservation approval due to the property’s location within a flood zone necessitated further steps before the issuance of a building permit. The board considered including a condition tying the special permit to the Conservation Commission’s approval, exemplifying the intertwined nature of zoning and environmental regulations.
Lastly, the board reviewed compliance for family daycare operations at two locations, 48 But Larav West and West Jou Road. Both petitions reflected satisfactory compliance with conditions set during previous reviews, with no complaints from neighbors or police. The board affirmed the operations’ adherence to special permit conditions, voting to approve the one-year reviews for both establishments.
Robert L. Whritenour
Zoning Board Officials:
Steven DeYoung, Sean Igoe, Jay Fraprie, John Mantoni, Dick Martin, Doug Campbell (Board Member Alternate), Timothy Kelley (Board Member Alternate), Barbara Murphy (Board Member Alternate), Richard Neitz (Board Member Alternate), Anthony Panebianco (Board Member Alternate)
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Meeting Type:
Zoning Board
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Committee:
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Meeting Date:
02/13/2025
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Recording Published:
02/14/2025
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Duration:
72 Minutes
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Notability Score:
Routine
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State:
Massachusetts
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County:
Barnstable County
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Towns:
Yarmouth
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