Route 28 Convenience Store Alcohol Bid Fails Following Density Concerns
Key Points
- Select Board denies JMart Inc. alcohol license in 3-2 vote citing saturation of Route 28 corridor
- Captain Parker’s Boat House receives unanimous approval for new takeout-focused restaurant concept
- Board members advocate for electronic voting and larger venues following narrow library funding defeat
- Local retailers protest Board of Health nicotine ban proposal during public comment
- Town Administrator Robert Whritenour earns 36.9/44 in annual performance evaluation
The Yarmouth Select Board signaled a firm stance on liquor license density Tuesday night, denying a new wine and malt package store license for a proposed convenience store and gas station at 1282 Route 28. In a 2-3 decision, the board majority cited a lack of public need and the high concentration of existing alcohol retailers in the immediate vicinity as primary reasons for the denial. The application by JMart Inc. included a plan for a four-unit residential structure on the property, which Attorney Paul Tardiff argued supported the town's goals for economic development and mixed-use housing. The comprehensive plan encourages economic development,
Tardiff stated, noting the unwritten policy
of the board against convenience store licenses should not outweigh state law. However, Chair Tracy Post remained steadfast in her opposition. I've been pretty consistent with my concern about alcohol being in QuickMarts,
Post said. We have a large saturation of liquor licenses in this area.
Member Mark Forest and Member Liz Argo joined Post in opposition, while Members Dorcas McGurrin and Joyce Flynn supported the bid. Motion Made by D. McGurrin to approve the license as presented. Motion Failed (2-3). Post, Forest, and Argo provided findings of fact for the denial, emphasizing the residential character of the neighborhood.
The board showed a different appetite for commercial growth next door at 658 Route 28, where they unanimously supported a new all-seasons alcohol license for Captain Parker’s Boat House. Owner Jerry Manning, a 45-year veteran of the Yarmouth business community, described a new concept focusing on takeout to meet modern consumer demands. The generation now prefers food to go,
Manning explained. We bought the building next door for parking and decided to make another restaurant that complements Captain Parker's.
Member M. Forest commended the investment, noting it was a positive addition to the corridor's vision. Motion Made by J. Flynn to approve the application as presented. Motion Passed (5-0).
The meeting also served as a debrief for the recent Annual Town Meeting, which saw a library borrowing article fail by a slim margin. Member L. Argo raised concerns about the atmosphere of the meeting, noting we were 14 votes short of the two-thirds majority needed for the borrowing.
She observed that the voting appeared confused and the crowd’s volume prevented residents from hearing the full presentation. I believe this opportunity to see democracy in action again is very important,
Argo said, suggesting the library initiative may return via a citizen's petition currently under review. Chair T. Post added that the town should revisit electronic voting methods and consider larger venues. The room at the high school wasn't big enough, and the steep seating is an accessibility concern,
Post noted. Member M. Forest agreed that electronic clickers could reduce voter stress and speed up the process.
Public frustration peaked during the comment period, with several local retailers pleading for board intervention regarding the Board of Health’s proposed "nicotine-free generation" ban. Retailer Pares Patel expressed fear for the survival of minority-owned "mom-and-pop" stores. Why does the Board of Health have such power that no one in town can do anything about it?
Patel asked. Nilesh Marata echoed these concerns, pointing out that customers would simply drive to neighboring towns. Massachusetts banned menthol cigarettes in 2019 and no other state followed. Why just one town?
Marata asked. Chair T. Post clarified that the Select Board lacks the legal authority to override the Board of Health's independent mandate under state law, though the board has previously expressed its own concerns about the economic impact on local businesses.
Safety and infrastructure updates rounded out the evening. Director of Natural Resources Dave Condon and representatives from Tighe & Bond presented the 100% design for the Packet Landing Resiliency Project. The project, which seeks $2.8 million in grant funding, involves elevating the marina parking lot and installing a fiber-reinforced polymer bulkhead to combat rising sea levels. Britney Hoffnagle of Woods Hole Group explained the upgrades are essential for long-term flood protection. Cole Bateman of Tighe & Bond added that the work will include undergrounding electrical lines in conjunction with the Route 28 bridge project.
The board also reviewed the performance of Town Administrator Robert Whritenour, awarding him an average score of 36.9 out of 44. While Whritenour received high marks for his technical knowledge (4.0), board members noted room for improvement in communication loops. Member M. Forest remarked that my grade is a reflection of our collective efforts,
noting that leadership plays a key role in the town's progress on long-term goals. Member L. Argo offered strong support, saying I'm very appreciative of our Town Administrator and hope he stays with us.
In other business, the board welcomed new police officers and celebrated promotions within the department. Chief Kevin Lennon introduced Officer Ryan Kulick and Officer Anthony Manfredi, noting the fiscal benefits of hiring veteran transfers. Sergeants Brule and Justin Hair were promoted and sworn in by Chair Post. Motion Made by J. Flynn to approve the amusement license for Scallies Irish Ale House. Motion Passed (5-0). Terry Neill of Scallies told the board the retro pinball and claw machines are intended to make the establishment more family-friendly. The board also approved a special entertainment license for the "Legacy of Liberty" 250th anniversary celebration on June 20th. Motion Made by M. Forest to approve the use of town property and fee waivers for the event. Motion Passed (5-0). Megan Eldridge, Community Development Director, noted the event will feature a living history fair and monument dedication at Fred Thatcher Park.