Captain Jon Tolley at April 2025 Yarmouth Zoning Board of Appeals meeting.
YARMOUTH – Discussion continued at the July 16th Yarmouth Planning Board meeting about a future town meeting article to allow home-based lobster sales.
It has been the talk of the town this summer after Captain Jon Tolley was ordered to stop the sales from his West Yarmouth home when a neighbor complained.
The ordinance prohibiting the activity went into effect in the 1980s, but Tolley had claimed his decades-old family business was grandfathered in. The directive from the Yarmouth building commissioner said the sales were not protected as a pre-existing use.
Supporters of Tolley have been vocal at previous meetings, strongly criticizing the town’s decision.
Tolley’s attorney told the planning board last week that his current arrangement of using town-owned land, the former Chez Lenor property on Route 28, which the town offered in the wake of the controversy, is a temporary solution and that he ultimately wants to resume home sales.
The planning board noted that the problem with Tolley’s business started with a signage issue. Yarmouth bylaws state that most off-premises signs are not allowed, with some exceptions including real estate. Tolley’s attorney said signage restrictions could be found unconstitutional.
Susan Brita, a member of the board, stated that she was worried that doing “designer zoning changes” could open a Pandora’s box.
By Jim McCabe, CapeCod.com NewsCenter
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