The Yarmouth Planning Board moved forward with two significant zoning changes Wednesday night, potentially allowing residents to sell live lobsters from their homes and park boats in front-yard driveways despite sharp pushback regarding seasonal restrictions and permit fees. The meeting, which drew several frustrated residents to the podium, highlighted a growing tension between neighborhood character and the practical needs of the town’s maritime community.

The first proposal, Article 1, seeks to allow licensed commercial fishermen to sell live lobsters from residential properties via a special permit. Town Planner Kathy Williams explained that the permit would require Department of Public Health inspections and would be restricted to lobsters caught by the resident. Resident Jerry O'Connell spoke in favor of the change, specifically mentioning local fisherman John Tully. John runs a very professional business, O'Connell said. Nobody in that neighborhood seems to have a problem with what he does. People are not parking on the lawns of the neighbors to go buy John's lobsters.

However, the administrative cost of the new regulations drew scrutiny. Resident Bill Kerwin questioned the necessity of the permit process for long-standing operations. Special permit. That sounds like tax to me, Kerwin remarked. We have somebody that's lived in this community for decades that hasn't changed his behavior... I guess my question is what is the cost of the special permit? Williams estimated the fee at approximately $250 and noted that the town cannot engage in spot zoning for a single individual, necessitating a broad bylaw change. Motion Made by [Consensus] to recommend zoning article number one to allow for the retail sale of live lobsters in residential zoning districts. Motion Passed (5-0-0).

Controversy intensified during the hearing for Article 2, which would allow residents to park one boat up to 28 feet in their driveways between April 1 and November 1. Under current rules, boats must generally be stored behind the front building line. Richard Gallagher of Centerville criticized the seasonal cutoff, arguing it creates a financial hardship for residents who cannot afford off-site winter storage. During a tense exchange, Chair Joanne Crowley defended the board's process after Gallagher criticized the board's conduct. The open meeting law allows me to not engage in public discussion... We had a dialogue and you cut it off, Crowley told him.

Resident Elizabeth Hoff raised concerns about the impact on quiet neighborhoods, noting that some owners use their driveways as mechanic zones for boat repairs. It is disturbing the peace when they are working on the boat, Hoff said. Within the board, members were split on how to balance these interests. Ken Smith suggested the seasonal limit might be too restrictive, noting it could be burdensome on the ZBA to determine that in season versus off-season. Conversely, Susan Brita advocated for maintaining strict protections for residential zones. The context is residential neighborhoods, Brita said. We've tried to come up with a zoning law that gives some accommodation... I am very nervous about talking about parking boats by right. Ultimately, the board opted for a cautious approach. Motion Made by W. Rubenstein to recommend zoning article number two as amended to include that the special permit expires upon the transfer or sale of the property. Motion Passed (4-1-0).

Beyond zoning, the board signaled strong opposition to a proposed 27-unit Comprehensive Permit (40B) development at 897 Route 28, the site of a former laundromat. Members slammed the project's density and architectural shifts from earlier concepts. Brita described the new elevations as flat, ugly and criticized a traffic report she labeled fluffy. Vice Chair Will Rubenstein questioned the aesthetics of the building’s orientation, noting, The back of the building is facing Route 28... and then the flat ugly side. Could they do something to improve that? The board agreed to draft a memo to the Zoning Board of Appeals highlighting concerns over the project’s 1.1 parking spaces per unit and its departure from the Local Comprehensive Plan.

Infrastructure concerns also loomed over a status update for the Madaket site, formerly the Mattacheese-MacArthur school. Rubenstein emphasized that redevelopment plans for housing or sports complexes are stalled by wastewater logistics. The 8 billion pound gorilla is the sewer, Rubenstein said. If phase two of our sewer system doesn't include Madakis, the muck is a waste of time. In other business, Brita reported that the town’s library modernization project has shifted focus to Site 60 due to legal protections surrounding the previously preferred Site 50.

The board also conducted its annual reorganization. Motion Made by W. Rubenstein to elect Joanne Crowley as Chair. Motion Passed (5-0-0). Motion Made by S. Brita to elect Will Rubenstein as Vice Chair. Motion Passed (5-0-0). Motion Made by S. Brita to elect Ken Smith as Clerk. Motion Passed (5-0-0).