The meeting began with a discussion on petition 5127 from CRC Communications LLC, represented by Terry Turner, seeking a special permit for the installation of fiber optic equipment. Turner explained the company’s intention to establish a high-speed internet network on Cape Cod by installing an Optical Line Termination (OLT) cabinet in an existing storage shed. “It’s about five to six feet tall and four feet wide,” Turner clarified about the installation’s size.

Board members were particularly interested in the expansion plans, with Turner confirming that this was a new venture aimed at densely populated areas around Yarmouth, Dennis, and Harwich, with potential future expansions into Barnstable and Provincetown. Concerns were raised about the power supply, specifically whether the existing natural gas meter could support the generator planned for the operations. Turner assured the board that assessments were ongoing and that a propane backup was being considered. The generator would be tested weekly, minimizing disruption to nearby businesses.

The board expressed general support for the initiative, recognizing the necessity of fiber optic services on the Cape. One member noted the lack of established fiber optic providers in the area. After thorough deliberation on the technical and logistical aspects, the board approved the special permit, viewing it as a positive step in Yarmouth’s telecommunications landscape.

The meeting also featured a discussion on a petition for a special permit for an accessory apartment on Hond Road. The owners were not initially present, leading to procedural concerns. Alec Deala, a contractor representing the owners, contacted Michelle Gardini, one of the owners, to confirm her consent for his representation. Gardini explained that the property had an unapproved gas stove in the basement apartment when purchased, and her father, who is handicapped, currently resides there, making it difficult for him to access the main floor.

The board referred to a violation notice dated July 14, 2022, and another from October 4, 2023. Gardini faced questions about why it took two years to file for a special permit. She explained her ongoing communication with the building department and the various options discussed, including remodeling the space.

A point of contention was the primary residence requirement under Section 407 of the bylaw. The board pointed out that Gardini’s primary residence was listed as Winchester, outside Yarmouth, thereby not meeting the criteria. Gardini argued about the vagueness of what constitutes a primary residence when multiple addresses are involved. The board remained firm, stating that the regulations required the owner to reside in the home, and Gardini’s voting address in Winchester automatically disqualified her.

Further complicating the issue, Gardini’s property in Yarmouth was owned by an LLC, and her driver’s license address was tied to a rental property in Medford. She expressed confusion about proving her primary residence when dividing her time among multiple homes. The board reiterated that the first criterion for the special permit is that the property must be the owner’s primary residence, which her testimony did not support.

The petitioner was advised on the option to withdraw the application without prejudice, allowing the possibility of reapplying in the future without a two-year prohibition. The board members voted, resulting in three in favor and one opposed, allowing the withdrawal.