Yarmouth Zoning Board Prioritizes Pool Safety and Approves Business Sign Variance

The Yarmouth Zoning Board of Appeals met on November 14, 2024, to consider multiple petitions, notably upholding the requirement for a four-foot fence around a swimming pool despite the inclusion of an automatic cover, and granting a variance for a business sign at Ritual Boutique.

The most discussion centered on petition 5142, where Brenda Lee Kelly sought to modify a variance regarding her property on Buckwood Drive. Kelly requested the removal of a previously mandated six-foot stockade fence around her swimming pool, citing the installation of an automatic pool cover and proposing a four-foot fence instead. She argued that this modification would maintain safety while improving aesthetics. Despite her appeal, the board maintained a firm stance on safety regulations. A member emphasized the necessity of at least a four-foot fence, underscoring concerns about children potentially accessing the pool area. “I’m not about to give an exemption to that safety anyway,” a board member stated.

The board’s insistence on a four-foot fence was echoed by another member, who stated, “I would not be inclined to vote in favor of no fence,” reinforcing the collective viewpoint that the pool must remain fenced. The petition concluded with a unanimous vote in favor of maintaining the four-foot fence requirement.

Following the pool fence deliberations, the board addressed petition 5143 from Holly Lemieux, owner of Ritual Boutique on Whites Path. Lemieux sought a variance for a sign exceeding the allowed length by eight inches, arguing financial hardship due to the cost of replacing it. The board members expressed understanding of the hardship, acknowledging the existing sign and the temporary shorter version used while the petition was under review. Although questions were raised regarding uniformity among signs in the shopping plaza, the board recognized the variance in styles and sizes present, which made strict enforcement challenging. Ultimately, the board approved the variance unanimously, allowing Lemieux to proceed with obtaining the necessary sign permit after a 20-day appeal period.

Another notable petition involved Alfredo and Janelle Laalo, who requested a special permit to raise the ridge height of their home on Television Lane due to frequent flooding. The homeowners detailed their plan to elevate the house to a height of 12 feet, complying with flood regulations and addressing water accumulation issues. The board requested further information on the design of new stairs and compliance with property setbacks, emphasizing the need for plans to ensure both aesthetic and structural integrity.

In addition to these discussions, the board reviewed and approved a petition from Aldoo Cor, who sought a special permit for modifications to a property on Grand View Drive. The board noted compliance with zoning regulations and absence of neighborhood objections, leading to a unanimous approval.

The meeting also addressed procedural matters, including a continuance for a petition scheduled for the board’s January 9th meeting and the dismissal of a petition for a family daycare due to the applicant’s absence. The board concluded by approving minutes from October meetings and adjourning without further incident.

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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