The board first addressed petition 5129, submitted by Martin J. Dugall, seeking to convert an affordable housing apartment on Standish Way, West Yarmouth into a rental accessory apartment. Dugall, one of the property owners, explained that the apartment was initially approved in 2015 under a special permit for affordable housing and currently houses his parents. Concerns were raised by board members regarding compliance with the principal residence requirement, which mandates that the main house must be owner-occupied year-round. This issue was compounded by the Building Commissioner’s opposition, who cited that Dugall’s principal residence was listed elsewhere and questioned the apartment’s egress compliance.

An abutter from 33 Standish Way also voiced opposition, arguing that the conversion would not benefit the community and would instead allow the owner to charge higher rents. Despite these concerns, some board members felt that Dugall met the necessary criteria under Section 407 of the zoning bylaws. Ultimately, the board voted unanimously to approve the petition, pending the submission of additional documentation to affirm the co-owners’ residency. The decision will be filed with the town clerk’s office, and the petitioner must record the decision officially.

The meeting then turned to petition 5131 from NCI Auto Inc., which sought a special permit and variances to construct a 9,991-square-foot building intended for a Nissan dealership on Route 28. Representing the applicant were Andrew Singer, an attorney, and Steven Su, the President of the proposed dealership. The proposal included sales and service areas, as well as parking for car inventory storage. Singer emphasized the redevelopment’s benefits, citing the commercial zone’s existing use and the applicant’s experience with a nearby Kia dealership.

Key aspects of the proposal included reducing the number of curb cuts from two to one and complying with parking regulations that prohibit parking in front of the building. The building’s proposed height was 28 feet, with a potential reduction to 24 feet based on Nissan’s design preferences. The Yarmouth Conservation Commission had approved the plan, which included wetland-related conditions. However, variances were sought for in-lot tree requirements for the back storage area, the size of the proposed monument sign, and the overall signage design.

Board members scrutinized the signage and landscape plans, expressing a desire for consistency with the neighboring Kia dealership’s approach. Concerns were raised about the adequacy of the landscape plan, with suggestions for more detailed ground cover plans and the inclusion of mature trees in the buffer zone. The need for a comprehensive list of relief requested and a colored visual rendering of the proposed signs on the building was highlighted. The board decided to continue the petition to a future meeting date, allowing time for revisions and clarifications.

The discussion also touched on a petition concerning a shed on Allison Lane, where the applicant sought a special permit for a shed larger than originally planned. The petitioner, representing her grandson’s landscaping business, explained the shed’s dimensions and placement. Board members questioned the nature of the business operated from the residence and raised concerns about the property’s overall state, including compliance with sanitation and zoning codes. The need for a site inspection and additional documentation, including a certified plot plan, was emphasized. The board moved to continue the petition, instructing the petitioner to address the issues raised.

The meeting concluded with routine matters, including the approval of previous minutes and a motion to adjourn.