Yarmouth Zoning Board Faces Height Controversy Over New Development at Lewis Bay Road

The Yarmouth Zoning Board meeting on October 10, 2024, was dominated by fervent discussion regarding the height of a proposed new home on Lewis Bay Road. Amid concerns from local residents about the building’s impact on the neighborhood’s character and privacy, the board upheld the building inspector’s decision, citing compliance with zoning bylaws.

The meeting opened with a petition related to a new home construction project on Lewis Bay Road, a topic that stirred debate among board members and local residents. The petitioners, Cynthia and Michael McAu, sought to reverse an earlier decision by the building inspector that permitted the new dwelling, citing the building’s height as exceeding neighborhood norms. The McAus, who reside nearby, argued that the proposed house, standing at 34.6 feet plus a roof deck, would be the tallest in the area, overshadowing the predominantly single-story homes and invading neighbors’ privacy.

The board’s deliberations revealed a complex tension between community concerns and regulatory compliance. Although several board members, including Barbara and Anthony, expressed empathy for the residents’ objections, they also acknowledged that the board’s authority was limited since the construction plans adhered to the existing height and setback regulations. These regulations, as confirmed by the building inspector, did not include the roof deck in the height calculation, aligning with historical precedents in the zoning bylaws.

Residents living near the proposed site, including Tom Ashmore and Elaine, echoed the McAus’ concerns. Elaine highlighted the neighborhood’s traditionally close-knit nature and questioned the board’s previous stance on height calculations, emphasizing the potential disruption the new development could cause. Despite these objections, the board noted that, due to the proposal’s adherence to the zoning laws, they were constrained in their ability to deny the permit.

Matthew Marino, the representative for the property owner, defended the project, asserting compliance with all zoning requirements. He argued that the proposed home’s design was consistent with other properties in the area and underscored his intent to respect the neighbors’ privacy while enjoying a view of the ocean. Marino also repositioned the roof deck to minimize its impact on surrounding homes.

The board’s decision to uphold the building permit highlighted the ongoing challenge of balancing regulatory frameworks with community aesthetics.

Beyond the Lewis Bay Road issue, the meeting addressed other zoning matters, including a special permit request from Agnoli Sign Company for signage modifications at a Stop and Shop supermarket. The proposed changes involved reducing the size of the existing sign and modernizing the store’s appearance, which received unanimous board approval after brief discussions.

Another agenda item involved a petition for side setback relief for an external staircase at a property on Bter Avenue. The board approved the request with the condition of implementing screening to ensure privacy for neighboring properties.

Lastly, the board tackled a variance request from NCI Auto Incorporated for a new Nissan dealership. The proposal required amendments to the site landscaping plan, which included the removal and replacement of existing trees. The board approved the variance after ensuring the plan met environmental and design standards, including compliance with health department regulations regarding vehicle service operations.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Town Administrator:
Robert L. Whritenour
Zoning Board Officials:
Steven DeYoung, Sean Igoe, Jay Fraprie, John Mantoni, Dick Martin, Doug Campbell (Board Member Alternate), Timothy Kelley (Board Member Alternate), Barbara Murphy (Board Member Alternate), Richard Neitz (Board Member Alternate), Anthony Panebianco (Board Member Alternate)

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