Stop & Shop and Eight Local Eateries Secure Extended Leeway on Prohibited Plastic Use

Key Points

  • Stop & Shop and eight local businesses granted plastic use waivers through late 2026 due to supply chain and functional issues
  • Board recommended approval for 400-gallon hazardous material storage at 60 Anel Howlet Road with strict containment conditions
  • Health officials proposed a potential 10-year phase-out for gas-powered lawn equipment to combat noise pollution
  • Mandatory lawn watering schedule enacted with specific days assigned to Yarmouthport, South Yarmouth, and West Yarmouth

The Yarmouth Board of Health spent much of its May 18 meeting navigating the collision between environmental sustainability and the operational realities of local commerce, granting a series of waivers to the town’s plastic reduction regulations. The most significant request came from Stop & Shop, as representatives for the national grocery chain argued that current supply chain limitations and food safety requirements make an immediate, total transition away from certain plastics impossible for a high-volume retailer.

Joe Crosio, a quality assurance specialist for Stop & Shop, explained that while the company has made strides in waste diversion, some products still lack viable alternatives. We are unable to fully eliminate all plastic packaging due to operational limitations, Crosio told the Board. Plastic remains the only food-safe option for heat tolerance—like rotisserie chickens at 140 degrees—and leak prevention. Suitable non-plastic alternatives are not available in the quantities required for a store of our size. Vice Chair Mary Craig pushed back on the store's continued use of foam trays and clamshells, specifically pointing out that polystyrene (number six plastic) is explicitly prohibited. You're using number six for foam trays and clamshells, but that is prohibited in Yarmouth, Craig noted, adding that the Board needs to see more aggressive progress on bakery and deli containers. Member Eric Weston suggested that the grocery giant might be prioritizing aesthetics, noting, I think the issue is consumer palatability; they want to see the product. Chair Hillard Boskey expressed frustration with the slow pace of compliance, reminding the representatives that the regulation has been in effect since January 1. Motion Made by M. Craig to Approve the waiver request for plastic types 1, 2, and 5, with the business required to provide plastic numbers for other items and return in September for an update. Motion Passed 4-0.

The grocery chain was far from alone in seeking relief. A steady stream of local restaurant owners and managers presented cases for why compostable or paper alternatives were failing their specific needs. Andrea Shester, owner of Andrea’s West Yarmouth Fish and Lobster, requested an extension to use her remaining stock of plastic containers for shellfish, citing customer complaints about paper containers exploding when used for steamers. Shester noted she has already switched lobster roll packaging, reducing plastic use by roughly 50 units per day. Motion Made by M. Craig to Accept the request for a waiver until October. Motion Passed 4-0.

At Cafe Gelato Bertini and Foxen Coffee, owner Patricia Thomas sought a waiver for branded plastic cups and specific gelato spoons. For gelato spoons, wood changes the taste, Thomas said, noting they are searching for seashell-based cutlery that mimics the function of plastic. Motion Made by E. Weston to Grant a waiver for 16oz cups and spoons until October. Motion Passed 4-0. Similarly, Kasadino Aanis of the Little Caboose Corporation emphasized the visual necessity of clear containers for ice cream. Selling a banana split in a non-clear container doesn't work, Aanis argued, while manager Matt Dueling noted that customers can't drive down Route 28 with whipped cream and no lid. Motion Made by M. Craig to Accept the waiver request until October, with the condition that compostable straws be used immediately. Motion Passed 4-0.

Other businesses granted extensions through the end of the year included The Loft Restaurant, Howlet Store, Spice Boss Restaurant and Grill, and PMJD. Kevin Richards of The Loft highlighted the cumulative financial burden of sustainable alternatives, noting a cost difference of a quarter-cent per unit. The cost difference for sustainable items... adds up, Richards said. Motion Made by L. Venezia to Approve four waivers for The Loft until December or until supplies run out. Motion Passed 4-0. Granny, representing Spice Boss, described the physical failure of biodegradable containers during long-distance deliveries to towns like Orleans, where gravy frequently soaks through the packaging. Motion Made by E. Weston to Grant a waiver until the end of December to allow the business to find suitable substitutes. Motion Passed 4-0.

Beyond the plastic debate, the Board shifted its attention to water quality protections regarding a proposal by SRS Building Products. The wholesale roofing distributor is seeking a special permit to store up to 400 gallons of primers, adhesives, and sealants at 60 Anel Howlet Road, a site located within the town’s aqua protection district. Attorney Eliza Cox, representing the applicant, emphasized that the materials are for bulk storage and sale, not for onsite use or waste generation. All materials will be stored in a dedicated hazmat room on spill control pallets providing 150% containment, Cox said. Hazardous Materials Inspector Carl Los recommended several conditions to mitigate risk to the groundwater. Member Laurance Venezia questioned the logistics of the facility, observing that the hazmat storage room looks small on the plan, though staff clarified that the space is designed specifically for five spill control pallets. Motion Made by M. Craig to Recommend to the Zoning Board of Appeals for approval with conditions including a 400-gallon limit, a posted spill plan, and mandatory employee training. Motion Passed 4-0.

The meeting also featured a continued discussion on noise pollution as a public health hazard. Resident Dr. Kus returned to present data likening chronic noise from modified exhausts and gas-powered leaf blowers to the health impacts of secondhand smoke. Low-frequency noise from music travels very far, Dr. Kus explained, advocating for a stronger scientific basis for enforcement. Chair Boskey suggested a potential starting point for the town could be a 10-year phase-out for gas-powered lawn equipment.

Finally, the Health Department issued a reminder regarding newly implemented watering restrictions to manage the town’s water supply. Health Department representative Barry announced that Yarmouthport residents are restricted to watering on Mondays, South Yarmouth on Tuesdays, and West Yarmouth on Wednesdays. Member Eric Weston pointed out that the biggest offenders of water bans are commercial establishments that leave sprinklers on schedules, urging the department to monitor those sites closely.