A divided Zoning Board of Appeals authorized the Kingsway Condominium Trust to modify a decades-old decision, paving the way for the Town of Yarmouth to purchase a 3.14-acre lot for $335,000 using Community Preservation Act (CPA) and free cash funds. While the modification allows the sale of the land for conservation purposes, the decision drew sharp criticism from Alternate Member Richard Neitz, who challenged the logic of spending taxpayer money to protect land that was already restricted as open space under the original 1970s development permit.

Attorney Michael Kenneth, representing the trust, explained that even after the sale, Kingsway would retain 49.5% of its property as open space—well above the 30% legal requirement. However, Neitz remained unconvinced, stating, It seems a little crazy to be paying $600,000 for money to buy land to protect land that was already protected... I think that the town probably did the voters a disservice by not explaining it fully at town meeting. Vice Chair Dick Martin also voiced reservations, noting, I'm not sure the town's getting a great deal here, but that's I guess another story. Chair Sean Igoe countered that the board should not interfere with a Town Meeting vote, adding, The town has spoken. I think it was vetted. I think the selectmen weighed in. Motion Made by J. Mantoni to approve the petition as presented and remove the open space restriction placed on the proposed lot to modify decision 1321 dated October 16th, 1975. Motion Passed (4-1) with Neitz dissenting.

Neighborhood tensions flared during a hearing for 43 Webster Road, where Daniel and Rebecca Gerard sought a variance to install a 10x20 inground plunge pool just 10 feet from their rear property line. Resident Don Paya, whose driveway is across from the property, raised concerns about existing short-term rental activity and congestion, noting, My problem is the parking and the capacity. When the street is lined with cars... you can't get out of the driveway. Daniel Gerard maintained the home is no longer intended for rent, stating, When that contract expires, we will not be renewing it. However, the board signaled they would not support the request. Alternate Member Anthony Panebianco argued, I don't think it meets the qualifications for a variance. I don't think there are hardships to the property that are unique to the soil, topography, or the conditions of the building. Pool contractor Dave Cavort noted the 10-foot setback was chosen for emergency access and safety, but Igoe warned the petitioners they lacked the necessary votes for approval. Motion Made by A. Panebianco to allow the petitioner to withdraw his request for variance without prejudice. Motion Passed (5-0).

In a move to address PFAS contaminants in the municipal water supply, the board greenlit a special permit for a seasonal treatment system at Wells 10 and 11 on Forest Road. Tyler Bernier of Kleinfelder explained, These vessels will hold activated carbon and are used to filter out PFAS and meet the EPA's new regulations on those contaminants. Water Superintendent Lauri Rosala confirmed that existing 1,500-gallon chemical storage tanks already utilize secondary containment to prevent leaks. Motion Made by J. Mantoni to approve the petition as presented. Motion Passed (5-0).

The board also addressed the impact of the Massachusetts Affordable Homes Act at 41 Center Street. John Hannon requested the removal of a 2014 accessory apartment restriction that limited the unit to family members. Igoe clarified the new state landscape, asking, Is it the petitioner's current intention to abandon decision number 45509 and to establish one market rate unit at the property without a familiar relationship requirement? Hannon confirmed his intent to maintain the space as a standard apartment. Motion Made by R. Neitz to declare decision 45509 void without any further obligation on the part of the applicant to abide by this decision. Motion Passed (5-0).

Finally, a special permit was granted for a 380-square-foot addition at 32 Rainbow Road. Agent Ed Stafford noted the corner lot's challenges, but emphasized that the new porch and bedroom would actually be less non-conforming than the existing house. Member John Mantoni agreed that the request was reasonable, noting a special permit for an extension of a non-conformity was the correct legal path. Motion Made by D. Martin to approve a special permit for petition 5202 as requested. Motion Passed (5-0).