HomeMy WebLinkAbout5171 23 Iroquois Blvd Decision Appeal PendingfARNOUTH TOWN CLERK RE
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER &
PROPERTY OWNER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
May 2, 2025
5171
April 10, 2025
Jon Frederick Tolley, Trustee of the Jon Frederick
Tolley Living Trust, dated 03/16/2015
23 Iroquois Boulevard,
Map & Lot #: 32.5
Zoning District: R-25
Document #1,286,092
Certificate #208490
West Yarmouth, MA
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Jay Fraprie,
John Mantoni, and Barbara Murphy
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those
owners of property as required by law, and to the public by posting notice of the hearing and
publishing in The Cape Cod Times, the hearing opened and held on the date stated above.
The petitioner seeks to overturn the decision of the Building Commissioner to allow the retail
sale of lobster at his property at 23 Iroquois Boulevard, West Yarmouth, Massachusetts. The
property is located in the R-25 zoning district and is comprised of—13,068 square feet.
The petitioner received a second Violation Notice, dated March 7, 2025, from the Deputy
Building Commissioner, about lobsters still being offered for sale at the property. This Violation
Notice references the previous Violation Notice, dated August 28, 2024, and the previous Zoning
Board of Appeals Decision #5134 from the hearing on October 24, 2024. Decision #5134 was
filed with the Yarmouth Town Clerk's Office on November 21, 2024, and was not appealed.
Prior to the April 10, 2025 hearing, the Board received six letters of support for Petition #5171.
One of the six letters of support was from an abutter to the subject property. Two previous letters
of support were submitted with the application.
The petitioner was represented by Attorney Jonathan Polloni who argued to discuss the retail sale
of lobster as a protected use or accessory use. Attorney Polloni agreed that the second Violation
Notice was essentially the same as the previous Violation Notice, except for the references to the
previous Violation Notice and Decision. Attorney Polloni confirmed that he was aware that the
Board had upheld the decision of the Building Commissioner and denied the request for a
Variance to allow the retail sale of lobster at the residence at the October 24, 2024 hearing.
Per Massachusetts General Law Chapter 40A, Section 16: No appeal, application or petition
which has been unfavorably and finally acted upon by the special permit granting or permit
granting authority shall be acted favorably upon within two years after the date of final
unfavorable action unless said special permit granting authority or permit granting authority
finds, by a unanimous vote of a board of three members or by a vote of four members of a board
offive members or two-thirds vote of a board of more than five members, specific and material
changes in the conditions upon which the previous unfavorable action was based... "
Chairman Igoe polled the Board which agreed that the petitioner's request for relief was a
repetitive petition. Accordingly, a motion was made by Mr. Fraprie and seconded by Mr.
Mantoni to deny Petition #5171 because it was a repetitive petition less than 2 years old.
The members voted as follows:
Mr. Martin
AYE
Mr. Fraprie
AYE
Mr. Mantoni
AYE
Ms. Murphy
AYE
Mr. Igoe
AYE
The Board voted unanimously 5-0 in favor of the motion. Therefore, Petition #5171 was denied
because it was a repetitive petition less than 2 years old.
Sean Igoe, Chairman
RTIFICATION OF TOWN CLERK
I, Ma A. Maslowski, To Clerk, Town of outh, do hereby rtify that 20 days ve
elapsed ice the filing with e of the above Boa of Appeals Decisi #5171 that no no ' e of
appeal of s d decision has bee sled with me, or, i uch appeal has be filed it has been
dismissed or nied. All appeals h ye been exhausted.
y
CERTIFICATION OF TOWN CLERK
I hereby certify that a copy of the decision of the Board of Appeals of the Town of Yarmouth
related to the application of Jon Frederick Tolley, Trustee of the Jon Frederick Tolley Living
Trust, dated 03/16/2015, petition 45171 was received and filed in this office on May 2,
2025, that a notice of appeal to the Barnstable Land Court, Department of Trial Court
together with a copy of the complaint was received and filed on may 13, 2025 and that such
appeal is still pending.
Mary A. dstowski, CMMC, CMC
Date. MAY 2 9 2025