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Yarmouth moves forward with amendment for third-generation lobsterman’s driveway business

YARMOUTH, Mass. — After shutting down a third-generation lobsterman’s driveway operation, the town of Yarmouth is moving forward with an amendment that could put him back in business at home.

At Yarmouth’s Planning Board meeting Wednesday night, members debated over details of an amendment to its town ordinances that would allow the sale of lobsters or other seafood items on residential properties.

The amendment was passed on. The board said a further decision would come this fall.

That means Jon Tolley will continue to sell his lobsters on Route 28 property granted to him temporarily by the town as a result of their decision.

Like his grandfather and father before him, Tolley sold fresh lobsters to the town for decades in his driveway.

Last fall, Tolley said his operation was shut down by the zoning board after his sign on Main Street was reported. His appeals have also been denied.

Ari Bargil, a senior attorney at the Institute for Justice, decided to jump into the situation when he heard Tolley’s story.

At the meeting on Wednesday, he fought on behalf of Tolley and the amendment moving forward.

“It’s a shame we’ve come to the this point where he has to beg for permission,” Bargil told Boston 25 after the meeting. “This is a historical use.”

Boston 25 spoke with Tolley in June.

“They hold my life in the palm of their hands,” he said last month. “In other words, you’re trying to tell me that every member of the Tolley family since 1930 are a bunch of crooks!”

The planning board said the decision on the amendment from the town should come in September or October.

This is a developing story. Check back for updates as more information becomes available.

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