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Home My WebLink About5233 23 Iroquois Blvd Decision Recordedi'a4 rt1iRE'E CLERK, "'R C' 8-1-1-1 x2' Doc:1,545,529 06-09-2026 1:08 '4w Yq FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER & PROPERTY OWNER: PROPERTY: TOWN OF YARMOUTH BOARD OF APPEALS DECISION May 18, 2026 5233 May 14, 2026 Jon F. Tolley alk/a Jon Frederick Tolley, Trustee of the Jon Frederick Tolley Living Trust 23 Iroquois Boulevard, Map 32, Parcel 5 Zoning District: R-25 Certificate #208490 Land Court Lot #18 Plan #22713-B West Yarmouth, MA MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, John Mantoni, Barbara Murphy, and Anthony Panebianco 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 is Jon Frederick Tolley who seeks relief in connection -with property located at 23 Iroquois Boulevard, West Yamouth, Massachusetts, which property is located in a R-25 zoning district. The lot contains —13,068 square feet of area. The petitioner has both a Retail Boat Seafood Dealer Pen -nit and Retail Truck Seafood Dealer Permit from the Massachusetts Division of Marine Fisheries. These dealer permits allow the petitioner to sell lobsters, which are lawfully harvested under the authority of his commercial fishing permit, from his boat or at retail from a mobile unit. Following two violation notices concerning the sale of lobsters from the property, the Board previously addressed this matter on October 24, 2024 (Decision #5134) and April 10, 2025 (Decision #5171, appeal pending). During the October 24, 2024 hearing, the petitioner described his retail business as operating from mid -June through October, seven (7) days a week, from 4:00pm to 6:30pin. He testified to selling approximately thirty (30) pounds of lobster and A TRUE COPY ATTEST: Fk4A CMIlkii jjj t /� 4 ijCLERK tl�� Doc:1,545,529 06-09-2026 1:08 Page 2 of 4 averaging eight (8) vehicles each day. Furthennore, he described the operation as a "drive-thru" with vehicles entering his corner lot from Iroquois Boulevard and exiting onto Navajo Road. Subsequently, the Yarmouth Zoning Bylaw was ainended through November 17, 2025. The petitioner now seeks a Special Permit per §202.5, Footnote 55 for B5 Use (Fishing) to allow the retail sale of live lobsters from his property. Per the amended bylaw: 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. At the May 14, 2026 hearing, Attorney Jonathan Polloni again represented the petitioner, who testified that while the previous sign on his property advertises the hours of operation as from 4:00pm to 6:30pm, lobster sales may occur from 9:00am to 7:00pm. Prior to the hearing, two abutters submitted letters of support for the petition. At the hearing, two Yannouth residents spoke in support of the petition. One Board Member opposed the granting of a Special Permit, citing both the petition's failure to meet Special Permit criteria and the petition's conflict with the intent of the Zoning Bylaw. However, a majority of the Board agreed to grant the Special Permit with certain conditions. Accordingly, a motion was made by Dick Martin, and seconded by John Mantoni, to grant the Special Permit, subject to the following conditions: 1) The Special Permit is granted exclusively to this petitioner, Jon Frederick Tolley. 2) The Special Permit shall lapse automatically when Jon Frederick Tolley discontinues the use. 3) The hours of operation shall be restricted to Memorial Day through October 31, seven (7) days a week, from 11:00am to 7:00pm. The members voted as follows: Mr. Martin -AYE; Mr. Mantoni-AYE; Ms. Murphy -AYE; Mr. Panebianco-NAY; Chairman Igoe -AYE. The motion was voted 4-1 in favor. Therefore, the Special Pen -nit with the stated conditions, was granted. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be tiled within 20 days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein, the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw § 103.2.5, MGL c40A §9) Sean Igoe, Chairman A TRUE CUPY ATTEST I CMG I TOWN CLERK M - 8 2G2_6 Doc:1,545,529 06-09-2026 1:08 Page 3 of 4 CERTIFICATION OF TOWN CLERK 1, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals Decision #5233 that no notice of appeal of said decision has been filed with me, or, if such appeal has been tiled it has been dismissed or denied. All appeals have been exhausted. Mary A. Maslowski, MMC, CMMC w N 'ty' A TRUE COPY ATTEST RA'.V / CMC / TOWN CLERK JUN - 9 202 Doc:1,545,529 06-09-2026 1:08 Page 4 of 4 o COMMONWEALTH OF YOARMOUTHHUSETTS ..s o, BOARD OF APPEALS 11 AttpGM U! r ,�c�Rp0 RA1Ekb Petition #: 5233 Date: June 8, 2026 Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: PETITIONER & PROPERTY OWNER: Jon F. Tolley a/k/a Jon Frederick Tolley, Trustee of the Jon Frederick Tolley Living Trust Affecting the rights of the owner with respect to land or buildings at: 23 Iroquois Boulevard, West Yarmouth, MA; Map 32, Parcel 5; Zoning District: R-25; Certificate #208490; Land Court Lot 418, Plan #22713-B and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit, and copies of said decision, and of all plans referred to in the decision, have been filed. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) and Section 13, provides that no Special Permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. Sean Igoe, Chairman A TRUE COPY ATTEST CMMW CMe2PT0VMIMRKECORDER BARI��LE REGISTRY LAND COURT DISTRICT RECL V i8Rp ELECTRONICALLY