HomeMy WebLinkAboutTown Meeting Article #14 Live Lobster SalesTOWN OF YARMOUTH
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4463
Telephone (508) 398-2231, ext. 1213, Fax (508) 760-4842
www.yartnouth.ma.us
TOWN OF YARMOUTH
SPECIAL TOWN MEETING
DY INTERMEDIATE MIDDLE SCHOOL
NOVEMBER 17, 2025
6:OOPM
Mary A. Maslows
MMOCMMC
TOWN CLERK
Susan M. Regan
Assistant Town Cl
Stephanie Wrigh
Principal Office Assis
Samantha Bergma
Principal Office Assis
Derek Karlowicz
Principal Office Assis
ARTICLE #14: Zoning Amendment Live Lobster Sales: To see if the Town will vote to
amend Section 202.5 - Use Regulation Table and Footnotes, related to agriculture and fishing
uses, with new language shown in bold italics, as follows, or take any other action relative
thereto:
Amend Section 202.5 - Use Regulation Table, by modifying Use B 1 Agricultural production
of Crops and Use 132 Agricultural production of livestock (except on feed lots -then no) by
eliminating the reference to Footnote 7 in the B I and B2 zoning districts; modifying Use 134
Forestry, fishing, hunting by eliminating the text "fishing,'; and adding a new Use 135
"Fishing"; as shown:
202.5 Use
Regulation
Res.
RS40 13121
B221
B321
wHDoo MU
APD
AED
MOD
HMODt
HMOD2 VCl
VC2
VC3
VC4
Table
B. AGRICULTURE
BI
Agricultural
production of
Yes
yes
yes
yes
yes'
no
yes'
yes
yes'
yes'
yes'
yes'
yes'
yes'
yes
yes'
Crops
B2
Agricultural
production of
livestock
Yes 7
yes 7
yes
yes
yes
no
yes 7
yes
yes 7
yes �
yes'
yes'
yes7
yes"
yes'
yes -
(except on feed
lots - then no
B3
Agricultural
service
no
no
Y es'
Y es2
$A
no
no
$A16
BA
no
2
yes
no
no
no
no
no
agencies
134 Forestry,
10
huntingyes
yes
yes
yes
yes
no
yes
yes
yes
yes
yes
yes
yes
yes
yesF
B5 Fishing
esss
es
yes
yes
es
no
es
es
es
es
es
es
es
es
es
es
2. Amend Section 202.5 Use Regulation Table - Footnotes, by adding the following new
Footnote 55, as shown:
55. Except that retail sales in the Residential Zoning District shall require a Special
Permit from the Zoning Board of Appeals and shall be limited to live lobster sales
only. In addition to other applicable special permit requirements, individuals selling
legally harvested or caught live lobsters shall be in compliance with all applicable
local, state, and federal regulations, and may only sell what has been personally
caught or harvested by the resident of the property. Special Permits for retail sale of
live lobsters shall expire upon transfer of the property. Only one (1) Special Permit
for live lobster sales shall be issued per parcel; Signage for retail sale of live lobsters
shall be limited to one (1) non -illuminated A -Frame style sign, not to exceed six (6)
square feet in area, to be located on the property during hours of operation. The
hours of operation shall be conditioned via the Special Permit.
3. Amend Section 500 — Definitions, by adding the following new definition as shown:
Fishing: Catching, harvesting, or taking of finfrsh, shellfish, lobsters, crabs, or other seafood from
a natural habitat.
EXPLANATION: As a seaside community, Yarmouth has a long history with commercial
fishing. This Article would allow fisherman to sell their legally caught live lobsters at their
homes in residential zoning districts (except for our more restrictive RS-40 residential district)
via a Special Permit from the Zoning Board of Appeals,
This Article also includes provisions to protect the character of our residential neighborhoods by
limiting the retail sales to live lobster only which were personally caught by the resident of the
property; limiting the Special Permit to one per parcel which expires upon the sale of the
property; limiting signage to one non -illuminated A frame sandwich board only displayed
during operating hours; and setting specific hours of operation via the Special Permit which
requires abutter notification. In addition to zoning and local health regulations, the state also
requires commercial lobster and retail sale permits.
2/3 Vote Required
Select Board Recommends (5-0)
Planning Board Recommends (5-0)
(Yarmouth Planning Board)
MOTION: Made by Will Rubenstein, Vice Chair, Planning Board. Seconded from the floor.
I move Article 14 as printed in the warrant.
Select Board Recommends 5-0. (Joyce Flynn, Member, Select Board)
Finance Committee Recommends 5-0. (Richard Simon, Chair, Finance Committee)
Planning Board Recommends Unanimously. (Will Rubenstein, Vice Chair, Planning Board)
ACTION: Vote held. Moderator declared the Article carries by a 2,3rds vote.
TIME. 7:40 PM