00:48The meeting began with a detailed examination of a petition concerning the property on Lena Road, West Yarmouth, owned by Dr. Marilyn Brown and Dr. Frank Southworth. The couple sought a special permit to rectify numerous zoning violations arising from unpermitted construction. The homeowners had undertaken work that included adding dormers, enlarging a rear deck, and replacing a shed without obtaining the necessary permits. These actions led to significant scrutiny from the board, which emphasized the importance of compliance with zoning regulations.

17:33Chairman Sean Igoe and other board members expressed concerns about the homeowners’ request to increase the height of a non-conforming structure by adding a second-floor addition and roof deck. Dr. Brown explained that the unpermitted work occurred while she and her husband were teaching in Atlanta, attributing the oversight to their contractor, Stanley Crawford, who failed to secure the required permits. Despite acknowledging the oversight, the homeowners faced skepticism from the board, which questioned the cumulative effect of past unpermitted work and the potential visual impact of the proposed changes.

19:57The board’s deliberations extended to the property’s shed and deck, both of which were deemed noncompliant with zoning bylaws. The shed’s proximity to the property line and septic system was a particular point of contention, with board members highlighting the need for accurate measurements and formal applications to address the violations. The board stressed the significance of adhering to zoning requirements, especially given the property’s small lot size and its location on a corner, complicating compliance with setback regulations.

17:48Amidst the discussions, a notable tension arose regarding the homeowners’ request for relief from the setback requirements, especially in light of the property’s nonconforming status. The board was hesitant to grant such relief without clear justification.

36:49As the session continued, the board proposed that the homeowners address the violations by removing noncompliant elements, such as the basement’s bathroom and kitchen cabinets, to convert it back to a non-livable space. This suggestion aimed to bring the property closer to compliance with current zoning laws while allowing the homeowners to proceed with necessary weatherproofing to protect their house from potential damage.

01:48:02In a separate agenda item, the board addressed a contentious issue involving a utility pole on Crosby Street Extension, used as an Osprey nesting platform. This pole, which has been a fixture in the community for over 25 years, became the subject of a debate when Maria Morasco requested its relocation due to safety concerns. Morasco argued that the pole posed a hazard to her property and wellbeing, citing its height and weight as potential risks.

02:23:80Despite Morasco’s appeals, the board upheld the building commissioner’s decision not to act on her request, citing the pole’s classification as a customary yard accessory, exempt from zoning bylaws. The board acknowledged the Conservation Commission’s approval of the pole as part of a mitigation plan. Several residents, including Sean Groover, voiced support for the pole, emphasizing its importance to the local ecosystem and the appreciation of the Ospreys’ annual return.