A lifelong Cape Cod lobsterman has received overwhelming support in his fight for survival, helping him claw through bureaucratic red tape that could revive a nearly century-old family tradition of selling lobsters from his home.
Yarmouth resident Jon Tolley says he is still wary of whether town officials in the mid-Cape Cod town will allow him to reopen his shop next year at his home, even after residents approved a bylaw that opens the door for him to do so.
“The whole town was behind me,” Tolley told the Herald via phone on Friday. “I knew they were going to be. It’s a sad thing. One person complains, and then I have to go through all of this, get lawyers and everything. For what reason? For no reason.”
The 66-year-old has caught lobsters out of Sesuit Harbor in Dennis and sold the fresh crustaceans from his home in West Yarmouth for nearly his entire life. As a youngster, he helped his father, Fred, run the family business on the same property before he took over operations in 1975.
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Despite Tolley’s success over the decades, town officials forced him to operate elsewhere this past season amid a controversy that blindsided the fisherman and his neighbors.
The battle with the town began in late August 2024 when Tolley received a violation notice that he said startled him. Zoning bylaws banned retail lobster sales in a residential district, the notice stated.
An unnamed West Yarmouth resident complained about a business sign Tolley put out on Route 28, the town’s main corridor, prompting the fight, according to town officials. Tolley has argued that the complaint came from a Yarmouth police officer.
Yarmouth allowed the retail sale of fish as a commercial use in the residential district by right and without further permission until 1982.
The Zoning Board of Appeals shot down Tolley’s two appeals for a variance, which would have let him continue selling the locally harvested lobster from where his father opened up shop in 1957.
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Town officials and Tolley settled on a compromise for the 2025 season.
The lobsterman found a private vacant lot along Route 28 to sell his lobsters, from where he said he found reasonable success, while the Planning Board drafted an amendment to the zoning bylaw.
Residents at a Town Meeting this week eagerly raised their hands in support of the amendment, which allows fishermen to sell their legally caught live lobsters at their homes via a ZBA-issued special permit. Less than a handful of attendees disapproved.
“In theory, even though it is a bylaw now, they can still vote no,” Tolley said of the ZBA. “See what I mean? They can vote no, and of course, you take them to court, and you win in one second because it is a bylaw.”
“All of this is politics,” he added.
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In a video previewing the Town Meeting, Town Manager Robert Whritenour called the lobster bylaw his “favorite” article that residents would be voting on. He described Tolley’s situation as “quite a kerfuffle.”
The bylaw, Whritenour said, will “provide a process to enable a fisherman to sell live lobsters out of a residential location, obviously under certain safeguards to protect the integrity of the neighborhood, but that addresses … concerns.”
Residents at the Town Meeting voiced their outrage over how lobster sales became controversial.
Resident Sally Johnson said she’s been a “very strong advocate” of Tolley’s. She pointed to how she felt the ZBA chairman was “very intimidating to his board and to the community in the building” during a meeting in April.
The chairman, Sean Igoe, blocked Tolley’s attorney, Jonathan Polloni, from arguing his client’s case and the dozens of residents in support, who flocked to Town Hall, from expressing how they viewed the business as not a detriment to the community.
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Residents shouted out their sharp disappointment: “Read the room!” “Dictatorship!” “Generations are leaving Cape Cod!” “You will only have millionaires living here!”
“It is absolutely ridiculous that it’s gotten to this point,” Johnson said on Monday. “It has mushroomed into chaos.”
Tolley has sued the town over his battle, filing a complaint in land court. Following a July hearing, the court encouraged the lobsterman and officials to “consider the possibility of mediation or remand of this matter to avoid the time, expense, and risk of further litigation.”
As of Friday, the case wasn’t scheduled to be heard again until next March, according to records.
“It’s a shame Jon had to fight this battle,” resident Cheryl Ball, who leads the group, Cape Cod Concerned Citizens, told the Herald, “but I’m thankful our community and several board members stepped up to support him. We need to continue to defend Cape Cod’s culture before it’s completely eroded.”
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Cape Cod lobsterman Jon Tolley has received support from residents in his fight against the town of Yarmouth. (Mark Stockwell/Boston Herald, file)
Massachusetts families are stuck in the Middle East amid the war in Iran, and Democratic Sen. Ed Markey says the State Department needs to do more to get them home.
The Trump administration is telling Americans to leave the region, and families would love to, but they haven’t been able to get out.
Stacey Schuhwerk of Hingham has been sheltering in place in a Doha hotel since Saturday.
“We hear the missiles outside,” she said. “We can see them.”
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The Hingham mother and her son are among nearly 1,600 Americans trapped in the Middle East with no way to get home.
“Airspace is shut down. There’s no planes,” said Schuhwerk. “There’s no way to leave.”
Flights between Boston and the Middle East are canceled or delayed as travelers express anxiety over the conflict.
At first, U.S. officials told people to shelter in place and register with the State Department — something Schuhwerk did days ago.
“There’s no help there. The last time we called was 20 minutes ago, and they continue to say that ‘We don’t know anything about any plans for government help to get people out,’” she said.
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Embassies and consulates across the region — including the U.S. Embassy in Israel — have now suspended services, saying they simply can’t get Americans out.
“They did not have a plan to conduct this war, and they clearly did not have a plan as to how to evacuate innocent families,” Markey said.
The senator says his office is hearing from Massachusetts families, and he’s pressuring the Trump administration to come up with an evacuation plan fast.
“We are going to apply that pressure on the State Department until every American who wants to leave that region is out,” he said.
Back in Doha, Schuhwerk keeps watching the war outside her window.
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“The talk here is ‘How much defensive ammunition’s left?’ Good question, you know, because the missiles aren’t stopping,” she said. “So how long are we going to be safe here?”
With no clear end to this conflict, she’s worried she could be stuck there for weeks.
Happy Tuesday! While today started off dry, we’re already looking at snow out there across the area. While this event will primarily stay as rain on the Cape and islands, it will be an icy mix of snow, ice and rain for the rest of us.
The rain/snow line will continue to advance from the south to the north as the evening progresses. Before the changeover, there will be a quick coating to 2 inches for most of our area.
The threshold between the snow and rain will feature sleet and freezing rain, leading to that icing.
For the rest of the night, there will primarily be rain with continued pockets of freezing rain, leading to increasing spotty ice accretion. Be extremely careful on roads, especially since switching between rain and freezing rain can wash off any road salt.
The rain and freezing rain will exit by 6 a.m. Wednesday, but temperatures will still be close to freezing during the morning commute, so watch out for some spotty black ice.
The rest of Wednesday will be really nice! Highs will warm up to the mid 50s with the help of ample sun.
Thursday we start off in the mid 20s and top off in the mid 40s. We’ll be partly sunny with another chance for some wintry weather Thursday night. This primarily looks like some rain and freezing rain, rather than the triple threat with snow too. We’ll keep an eye on that for you.
That will continue into Friday morning. The rest of Friday: cloudy with a chance for a spot shower and highs cooler again in the upper 30s. Saturday will be dry, breezy and cloudy but gorgeous near 50 degrees! There’s a chance for some rain showers Saturday night. Don’t forget to set your clocks forward an hour before you to go bed!
Sunday we start the day mild in the 40s and make it all the way into the upper 50s with more sun. Monday and Tuesday both look bright and in the 60s! Stay tuned.
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