The meeting’s most significant topic was the one-year review of a previous decision granting Tugboats Restaurant, located in the R25 zoning district, permission to host live music. The board conducted this review as part of condition five from the prior approval. Representing the Harbor Club, Steven Pudi highlighted the restaurant’s successful operation over the summer, noting the absence of noise complaints to local authorities. Pudi emphasized that the restaurant had effectively managed parking and traffic, stating, “They respected their neighbors.”

Board members inquired about adherence to the original conditions, and Pudi confirmed there were no issues, although he mentioned the challenge of amplified music for upstairs events like weddings. Despite the infrequent live entertainment, Pudi noted the presence of background music from TVs and Sonos systems. Two letters of support from residents were presented, both praising the restaurant’s ability to offer live music without disrupting neighborhood tranquility. The board, satisfied with the current operations, approved the review without imposing additional conditions.

Another notable petition involved a property on Allison Lane, where the applicant sought a special permit and variance for side and rear setback relief to accommodate an 8 by 20 shed, which had been constructed without prior approval. The applicant admitted to misrepresenting the shed’s size in earlier discussions, causing concern among board members due to the absence of a certified plot plan. With the applicant acknowledging the difficulty in obtaining the necessary documentation, the board outlined options, including withdrawing the petition without prejudice. This would allow the applicant to return with a certified plot plan or modify the shed to meet zoning requirements. Choosing the withdrawal option, the board unanimously approved the motion to allow the withdrawal of both forms of relief.

Christopher Wilson’s petition for a variance for year-round use of a property on Denver Drive introduced complexities surrounding ownership and ongoing legal issues. The board questioned Wilson’s standing to request relief, given that he was identified as a co-owner rather than the sole owner. The presence of legal action involving another individual associated with the property added further complications. Throughout the discussion, the board underscored the importance of compliance with existing zoning regulations and the necessity of proper documentation to uphold community interests and legal standards.

In another matter, the board reviewed a petition from Capewide Construction concerning a property on Massachusetts Avenue in West Yarmouth. The request sought a special permit and/or variance for side setback relief to elevate a pre-existing non-conforming dwelling to comply with FEMA regulations. The intent was to add a front porch while ensuring the house’s elevation did not alter the overall structure. Questions arose about porch placement compliance with zoning regulations, particularly concerning setback averaging with neighboring properties. The board emphasized the need to cover the concrete foundation with materials like stone veneer or shiplap to maintain neighborhood aesthetics. The board approved the special permit contingent on this condition and prompted the petitioner to withdraw the variance request without prejudice.

The meeting also addressed petition number 5150 from Sinorama, which requested a special permit for a sign on Whes Path in South Yarmouth. Applicant Robert Schwartz aimed to replace an unsightly sign, maintaining the same size for his business that occupies two connected units. Board members debated the necessity of having two signs for a single business and whether the request warranted special permit or variance relief. Ultimately, the board approved the variance request unanimously, recognizing the need for effective business advertising and allowing the applicant to withdraw the special permit request without prejudice.