A decades-old West Yarmouth tradition will continue following a divided vote by the Zoning Board of Appeals on Thursday night. In a 4-1 decision, the board authorized John Frederick Tally to continue selling live lobsters from his residential property at 23 Iroquois Boulevard, a practice that has spanned over 50 years but recently required formal zoning relief under a new town bylaw. Attorney Jonathan Paloney, representing Tally, noted that the use is deep-rooted in the neighborhood, stating, This has been going on without incident. We have six or seven properties that either directly abut or are in close vicinity that have expressed support.

The application utilized "Footnote 55," a recent amendment to the town's zoning bylaws intended to provide a path for such traditional maritime activities. However, the proposal met resistance from Alternate Anthony Panebianco, who cast the lone dissenting vote. I couldn't support adding 20 vehicles or any additional vehicles for a very clearly commercial enterprise on small traveled lanes, Panebianco argued, suggesting such businesses belong in commercial zones. Chair Sean Igoe proposed a middle ground, suggesting the permit be made personal to Tally so it does not permanently "run with the land." Member Dick Martin agreed with the compromise, noting, I think everybody's made their opinions well known. I would tend to agree that it's a 'Cape Coddy' type thing and if it's not bothering any of the neighbors, I'm inclined to support it. Neighboring residents also spoke in favor, with Tracy Bur telling the board, Cape Cod's about the fishing and the cranberry bogs and the farming and the old stories. We're losing our generations... It's time to give him what he needs. Joe Glenn added that the board should encourage business and support the petition. Motion Made by D. Martin to approve the special permit with conditions including seasonal operation and personal expiration upon Tally's cease of use. Motion Passed (4-1) during the meeting. Member Barbara Murphy specifically questioned the technical side of the operation, asking Tally, You have the ability to weigh these lobsters and make sure they're of legal size? Tally confirmed he is licensed and his scale is certified by the county.

The board showed less flexibility regarding a proposal for a home-based wellness business at 21 Aelia Lane. Jennifer Wallace, operating as Koru Therapies, initially requested a permit that included evening workshops for up to six people until 10:00 PM. The board expressed immediate concern over the intensity of the request in a residential neighborhood. If you're operating a business in the middle of a residential district at 10:00 PM, I have very many concerns, Igoe said. Member John Mantoni echoed those sentiments, stating, In a residential area, people like to wind down. It seems like there's an awful lot of activity going on there. It seems like something that should be in a commercial area. Facing a likely denial, Wallace scaled back her request to strictly one-on-one massage and bodywork with earlier closing hours. Motion Made by A. Panebianco to approve a special permit for massage and bodywork only, limited to 9:00 AM to 8:00 PM. Motion Passed (5-0). Wallace also requested to pull a related variance application from consideration. Motion Made by A. Panebianco to allow the withdrawal of the variance for 21 Aelia Lane without prejudice. Motion Passed (5-0).

In other business, the board granted relief to James Hefner of 9 River Drive for a new 10x30 deck. The request was complicated by the property's status as a corner lot, which imposes two front setbacks. Hefner admitted to being caught off guard by the regulation, explaining, We wanted to extend that and wrap it around the length of the sunroom. At the time, we didn't realize we were encroaching on the setbacks. The board found the request reasonable given the lot's constraints. Motion Made by A. Panebianco to approve the special permit as requested. Motion Passed (5-0). Finally, a petition to replace a non-conforming structure at 28 Little Dipper Lane was removed from the agenda at the applicant's request to allow for further environmental review. Motion Made by D. Martin to allow the withdrawal of Petition 5230 without prejudice. Motion Passed (5-0).