HomeMy WebLinkAbout052026 PB Minutes (Approved 060326) TCYARMOUTH TOWN CLERK RE
JUN 8 '26 PM4:24
Town of Yarmouth
MINUTES OF THE PLANNING BOARD MEETING OF
May 20, 2026
The Yarmouth Planning Board held a Hybrid in-person/remote access Business Meeting at 5:30 p.m.
on Wednesday May 20, 2026 in the Hearing Room at the Yarmouth Town Offices located at 1146
Route 28, South Yarmouth, MA.
Planning Board Present: Tom Pendleton, Deirdre Gaquin, Susan Brita, Joanne Crowley, Peter
Slovak, and Ken Smith
Planning Board Absent: Will Rubenstein
Staff Present: Kathy Williams, Town Planner
Guests: Attorney Michael Kennefick, Moriarty Bielan & Gamache, LLC
1. Meeting Opening: Chair Joanne Crowley opened the hybrid meeting at 5:31 PM. All Planning
Board members were in-person.
2. Approval Not Required ANR Plan #2371 M: Trustees of the Kings Way Condominium Trust;
property located on the north side of Nottingham Drive, Yarmouth Port, MA; Assessor Map 142,
Parcel 17; Zoning District R40. The ANR creates a non-buildable lot for conveyance purposes and
includes modifications to ANR Plan 2371 L to meet Land Court filing requirements.
Attorney Michael Kennefick gave a brief overview of the need to endorse a slightly revised ANR
Plan for the lot north of Nottingham Drive to address comments from Land Court. This request
did not modify the lot dimensions. He further noted the desire to close on the property quickly to
meet the June 1st grant deadline.
Kathy Williams briefly reviewed the attached May 15, 2026 Planner Report noting that the Special
Permit book and page in not included on the ANR, but since it is being sold to the town and not
for development, she was okay with not including it on the ANR plan to move the sale forward.
VOTE: On a motion by Susan Brita, seconded by Ken Smith, the Planning Board
voted 6-0 to endorse ANR Plan #2371 M prepared by Merrill Engineers and Land
Surveyors, and dated and stamped May 8, 2026, with Tom Pendleton, Deirdre Gaquin,
Susan Brita, Joanne Crowley, Peter Slovak, and Ken Smith voting in favor.
The signed mylar was given to Attorney Kennefick at the meeting.
3. Short Term Rentals (STR): Discussions on potential amendments to Zoning Bylaw Section 418 -
Short Term Rentals based on the UMass Donahue STR Study and input from the Select Board.
Joanne Crowley gave a brief introduction noting the materials contained within the packet including
the May 14th Planner Memo, Draft #1 Redline, the recently adopted Falmouth General Bylaw on
STRs, and recent email correspondence from resident Don Palaia regarding an issue with a STR
in his neighborhood. She noted she was looking for comments and guidance from the Planning
Board to help staff develop a second draft.
Kathy Williams gave an overview of her memo and key takeaways from the STR Study, and the
March 3rd Select Board meeting. The purpose of the Study was to evaluate the impact of STRs on
year-round housing, motels, and quality of life. Takeaways include: STRs have limited impacts on
year-round housing; seasonal homeowners want to utilize their properties part of the time limiting
the desire to rent year round; available data did not show a significant amount of investor ownership
at this time; the percentage of seasonal housing has remained relatively steady over the past 30
Planning Board Minutes Page 1 of6 May 20, 2026
years; STRs make up a small percentage of our housing stock (5-8%); excise tax contributions from
traditional lodging and STRs over the past 5 years; quality of life issues such as traffic, noise,
overcrowding, parking, loss of community, fear of investor proliferation, enforcement and easier
access desired for STR data including local contact information. She further noted the Select Board
were more interested in ways to incentivize/preserve year-round housing versus stricter regulations.
Ms. Williams further outlined potential changes including clarifying the process for lodging a
complaint for enforcement including coordination with the Police Dept for incidents outside business
hours and providing a list of STRs with contact information on the Town Website via OpenGov;
confirmed with Town Counsel that the STR Use lapses at the end of the sunset clause (no
grandfathering); and initial discussions on whether we should be creating a General Bylaw
(grandfathering doesn't apply) rather than including everything within the Zoning Bylaw, although
the Zoning Bylaw would need to allow the use in accordance with the General Bylaw. More
discussions with Town Counsel are needed regarding the benefits of a general bylaw vs. the zoning
bylaw.
The Planning Board members had some initial questions and comments including: is it possible to
extend the sunset clause for a longer period of time (5-years was mentioned) to allow us to continue
to monitor STR impacts in this changing industry and can we make changes to the bylaw while
extending the sunset clause (Kathy Williams to check with Town Counsel); there are uncertainties
within the Study/takeaways and would like more time to study; revenue streams are changing with
a post COVID bump which are now stabilizing; and increased revenues may be related to increased
nightly prices rather than increased number of room nights sold. As an aside, the Board discussed
the potential reduced economic benefits related to temporary seasonal employee housing in motels
for individual workers versus expenditures from a family motel stay; importance of having enough
seasonal help to keep restaurants and other places open; seasonal employee housing offers
guaranteed income, but may result in less reinvestment back into the property which is detrimental
to our Route 28 commercial corridor; and concerns that not all workers staying in Yarmouth
temporary seasonal employee housing are working in Yarmouth the required 24 hour minimum.
Ms. Williams also reviewed the attached Draft #1 to Section 418 -Short-Term Rentals including:
adding in additional ineligible units such as ADUs/Protected Use ADUs and dwelling units developed
under the VCOD, ROAD and HMOD1 overlay districts; clarifying inspections and new certificate of
inspection now required for STRs based on changes to the MA Building Code; all certificates must
be posted and visible from the outside of the dwelling; and eliminating the sunset clause although
will look into extending per the previous discussion. Draft #1 does not include limitations on
investment properties as input is needed from the Planning Board first. Joanne Crowley reviewed
some of the projects developed under the VCOD/ROAD bylaws such as Jay-Mart, duplexes at 703
Route 28, and mixed-use project at 645 Route 28.
Ms. Williams noted the recently passed Falmouth General Bylaw on STRs which they worked on
with a separate committee (not yet approved by the MA Attorney General). There is a lot of
information in their bylaw some of which may be applicable to Yarmouth which Ms. Williams
reviewed such as: expanding the purpose to include protecting year-round housing and preventing
the commercialization of housing for use as STRs; adding in additional definitions; requiring a
parking plan as parking may be the limiting factor rather than occupancy; and banning STRs that
are fractional ownership/timeshares; and limiting the number of STR certificates for different types
of owners (individuals, couples, or group of people) and LLCs which were limited to three (3). Ms.
Williams also briefly noted the expanded language regarding what constitutes a Nuisance as well
as limiting the number of people allowed on the property at any one time to twice the occupancy
limit.
The Planning Board members had questions and comments related to: using fees from STR
registrations to hire staff; are STRs inspected by Building, Health and Fire like other rental units;
Falmouth has fewer motel/hotel rooms than Yarmouth; and setting maximum limit of people on the
Planning Board Minutes Page 2 of6 May 20, 2026
property at one time may help with enforcement of noise complaints. The Planning Board members
spent some time talking about the ownership and how multiple LLCs could be developed with
different names; not sure limiting is necessary as it is not a problem at this time, but would not take
long for it to become a problem; and our lower median home prices on the Cape makes us more
attractive for STRs.
Ms. Crowley asked the Board for any specific edits they would like to see in the next draft. Diedre
Gaquin noted that limiting the maximum number of people on the property at one time could be
limiting for family get-togethers and we may want to include a notation that the Town has quiet hours
that need to be honored. Kathy Williams suggested developing a one-page to denote things Short-
Term renters need to know to be good neighbors that is included with the rental certificate. Peter
Slovak suggested looking at some other Towns. Ken Smith noted Provincetown is not as restrictive
and worth looking at but don't want it too restrictive and drive STRs underground. The Board briefly
talked about managing operators who could be beneficial in ensuring the property is properly
managed but could also make it very easy for owner to STR a property versus selling to a family.
Joanne Crowley also had a couple specific comments to strengthen the purpose to prevent
corporate commercialization and to protect year-round housing; liked ineligible units for the optional
overlay districts to keep them year-round; and including maximum number of occupants at one time
and further defining a nuisance for further discussion by the Board. Joanne Crowley noted the email
exchange with Mr. Palaia which is a good example of issues with STRs and how the Health/Building
Department worked with the owner to address it.
Some Planning Board members wanted more time to review the packet information prior to
providing more thoughts. It was agreed that Board members will provide their thoughts to the Town
Planner by May 27 th to help with modifications for the June 3rd meeting.
4. Commonwealth of Massachusetts Bond Bills and FY 27 Appropriation Budget: Review and
discussion on the Environmental Bond Bill, the Economic Bond Bill (Mass Wins Act), and FY 27
Appropriations bill (Outside Sections) that relate to Zoning.
Joanne Crowley gave a brief introduction to the materials in the packet related to zoning changes
or enticements for zoning changes via bond bills and appropriations. Ms. Crowley expressed her
concerns that things not making it into the Affordable Homes Act are now creeping into unrelated
pieces of legislation, concerns with lack of transparency and lack of outreach to local communities
by our representatives. She noted that this is for informational purposes only and no Planning Board
action is needed. Kathy Williams gave a brief overview of her May 15th Memo highlighting issues of
concern:
• Environmental Bond Bill: Preferential treatment for discretionary or competitive grant programs
for communities with certain policies such as by-right multi-family zoning, elimination of minimum
parking requirements, elimination of restrictive lot size requirements; and wastewater and
wetland standards that do not exceed state health or environmental standards. This would put
communities without this zoning and those with stricter wastewater or wetland standards at a
disadvantage for important environmental grant funding such as the State Revolving Fund (SRF)
loans relating to water infrastructure. Planning Board members noted how important water is to
the Cape and the need to protect it.
• Economic Bond Bill: Modifies MGL Ch 40A by including requirements related to the Site Plan
Review process and would not allow for performance standards related to aesthetics or allow
the requirement of specific building materials. We will need to review/modify our Site Plan
Review Team process and our VCOD Site Plan Review Processes and evaluate how this might
impact Design Review and our design standards. The Bond Bill also includes opt-in adaptive
reuse section for commercial conversions to housing.
• FY27 Appropriations Bill -Outside Sections: Modifies sections of MGL Ch 40A mainly to
promote housing production. There are some changes to extend timelines on permits which
might be difficult to keep track of, but the greater changes relate to modifications to the criteria
Planning Board Minutes Page 3 of6 May 20, 2026
for issuance of a Variance, as well as extending timelines for Variances. They also eliminated a
paragraph related to imposing conditions, safeguards and limitations. Zoning Bylaw changes
would be needed related to the timelines and Variance criteria.
5. Seasonal Communities Designation: Review and discussion on additional information received
related to Seasonal Communities Designation and zoning requirements.
Kathy Williams reviewed the attached emails with Phil Dearing of the Executive Office of Housing
and Livable Communities (HLC) regarding the two zoning amendments that are required upon
acceptance of the designation. Mr. Dearing confirmed that "regulating" moveable tiny homes
includes prohibiting them which addresses our major concern. She further reviewed additional
information provided on "Undersized Lots" (lots that don't meet current zoning but are a minimum
of 10,000 sf and minimum of 20' of frontage). She had originally thought the undersized lots were
for vacant lots which might have previously been deemed unbuildable, but Mr. Dearing noted the
regulations do not say vacant and anyone with a lot meeting these requirements could redevelop
under this provision. Ms. Williams noted the advantage is a reduction in setbacks to 1'/1000 sf of
building lot size with a 15' maximum setback on all sides, but it also comes with the requirement
that it be for Attainable Housing with a Year-Round Housing Restriction.
Lastly, Ms. Williams reviewed input regarding who would be responsible for monitoring and
enforcing the Attainable Housing (tied to income up to 250% AMI) and Year-Round Housing
restrictions. Essentially, it would be on the communities, or someone they designate, to ensure this
type of housing is being sold/rented to qualified individuals. This could result in more work for Town
Staff.
Ms. Williams noted that the Select Board will be looking for input from the Planning Board on the
zoning amendments as she anticipates adoption of the Seasonal Communities Designation will be
on the fall special town meeting. The zoning changes are required to be implemented within 24
months of accepting the designation. To try to get a better understanding of the number of vacant
non-conforming lots, Ms. Williams will request a map from the GIS department.
6. Mattacheese Utilization Committee (MUC) Project: Updates on the status of the MUC project.
Kathy Williams noted that the MUC presented their final Report and three Concept Plans at the May
12 th Select Board meeting. She briefly reviewed the 3 concept plans with outlined various layouts
for a sports complex, housing, conservation, and school. She emphasized the MUC
recommendation to demolish the existing Middle School Building due to the cost to rehabilitate the
building, the need for sewer infrastructure, drinking water and environmental protection,
sustainability and solar, trying to address local recreation department needs, and potential phasing
for the project dependent upon the ME Small Elementary School feasibility study.
7. Meeting Minutes:
a. April 15, 2026: VOTE: On a motion by Susan Brita, and seconded by Ken Smith, the
Planning Board voted (6-0) to approve the meeting minutes of April 15, 2026, with Tom
Pendleton, Deirdre Gaquin, Susan Brita, Joanne Crowley, Peter Slovak, and Ken Smith
voting in favor.
b. April 28, 2026 (Annual Town Meeting): VOTE: On a motion by Ken Smith, and seconded by
Tom Pendleton, the Planning Board voted (6-0) to approve the meeting minutes of April
28, 2026, with Tom Pendleton, Deirdre Gaquin, Susan Brita, Joanne Crowley, Peter
Slovak, and Ken Smith voting in favor.
8. Board of Appeals Agenda & Decisions: The attached ZBA Agenda, Approval/Denial Summary
and Decisions were sent to the Planning Board via email.
Planning Board Minutes Page 4 of6 May 20, 2026
9. Committee Updates from Board Members:
a. Water Resource Advisory Committee (WRAC): Ken Smith noted the WRAC met on May 4 th
and gave an overview of the status of the work. Work on Route 28 will continue until about the
3rd week in June (when school gets out); South Shore Drive has been repaved for the summer;
working on all three pump stations; working on the force main across the bog; and the treatment
facility is making huge progress. Upon an inquiry from Susan Brita, Mr. Smith noted additional
funding will be needed to address the effluent discharge at Bayberry Golf Course as limitations
on allowable mounding at the treatment facility site limits the amount that can be discharged
there. He further noted there is no price tag for this work yet, but that the golf course will be able
to utilize the treated effluent for irrigation. Mr. Smith noted they are trying to schedule the WRAC
meetings for the Hearing Room where they can be more readily televised.
b. Design Review Committee (DRC): Peter Slovak noted that the DRC met recently to review a
project at the Station Avenue Stop & Shop Plaza to expand the building to the south for a new
Town Fair Tire building. This would be an additional location, and the existing Town Fair tire
would remain in Hyannis.
c. Parkers River Landing/Drive-In Site Utilization Committee (DISUC): Susan Brita noted the
good reviews for the recently opened Parkers River Landing which really provides a great place
for people to visit and the boardwalk is stunning.
d. Community Housing Committee (CHC): Deirdre Gaquin noted the recent CHC meeting where
they discussed the ongoing projects including the mixed-use project at 645 Route 28, the
Habitat for Humanity Project off Wood Road and the housing project at 703 Route 28. She also
noted the Yarmouth Housing Authority is working on another RFP for the Forest Road property.
e. Library Building Committee (LBC): Tom Pendleton noted the Library Ballot question failed.
The Select Board will still need to have the Special Town Meeting as it was a petitioned article,
but the meeting should be conducted quickly.
10. Board Member Items: Joanne Crowley inquired about the construction near the Olympia
Restaurant on Route 28. This work is related to drainage for the MassDOT Bass River Bridge/4
corners project and is located on the town owned lot. Joanne Crowley also inquired as to whether
the Affordable Housing Trust (AFT) reauthorized the $25,000 to be spent on continuing the mixed-
use studies. Ms. Williams indicated that they had.
11. Correspondence: The attached Correspondence was sent to the Planning Board via email.
12. Staff Updates: Kathy Williams noted the Tree Warden and the Engineering Department are
working on a replanting plan for Old Main Street per the Scenic Road decision issued by the
Planning Board in May 2024 for removal of trees related to the sewer main installation.
13. Upcoming Meetings:
a. June 3, 2026
b. June 17, 2026
14. Adjournment: VOTE: On a motion by Susan Brita, and seconded by Tom Pendleton, the
Planning Board voted unanimously (6-0) to adjourn at 7:22 PM.
ATTACHMENTS:
• May 20, 2026 Agenda
• ANR Plan 2371M: May 15, 2026 Planner Memo; May 14, 2026 Memo from Attorney Michael
Kennefick, Moriarty Bielan & Gamache, LLC; Form A; and 2371 M ANR Plan
• Short Term Rentals: May 14, 2026 Planner Memo; Redline Draft #1, dated May 14, 2026;
Falmouth 2026 ATM Warrant -STR Article 17; Yarmouth General Bylaw Ch 108; and staff email
exchange with Don Palaia regarding issues experienced with STRs.
Planning Board Minutes Page 5 of6 May 20, 2026
• Commonwealth of Massachusetts Bond Bills and FY 27 Appropriation Bill: May 15, 2026
Planner Memo; May 7, 2026 Letter from Cape Cod & Islands Water Protection Fund regarding
the S3064; Excerpt of Environmental Bond Bill -Definition of Priority Housing Projects; Excerpts
of Economic Bond Bill H.5386; Excerpts from the Senate Committee on Ways and Means FY 27
Budget Recommendations; and MGL CH 40A Sections 6 and 10
• Seasonal Communities: Staff emails with Philip Dearing, HLC, regarding questions and answers
regarding seasonal communities; and FAQs
• Draft Minutes: April 15, 2026 and April 28, 2026
• Miscellaneous Correspondence:
o Zoning Board of Appeals Agenda and Approvals/Denials Summary for 5/14/26
o ZBA Decisions 5222, 5224, 5225, 5226, 5228, 5229, 5231, 5232, and 5233
o Conservation Commission Agendas for 5/7/26 and 5/21/26
o April 16, 2026 Planner Memo to the Affordable Housing Trust regarding funding to continue
mixed-use analysis
o April 2026 Cape Cod Commission Reporter
Approved on June 3, 2026:
On a motion by Susan Brita, and seconded by Deirdre Gaquin, the Planning Board voted
(5-0-1) to approve the meeting minutes of May 20, 2026, with Tom Pendleton, Deirdre
Gaquin, Susan Brita, Joanne Crowley, and Peter Slovak, voting in favor, and Will
Rubenstein abstaining.
Planning Board Minutes Page 6 of6 May 20, 2026