Neighbors and board members united in opposition against a proposed bedroom expansion at 10 Ruby Street during Thursday’s Zoning Board of Appeals meeting, citing concerns over property management and increased density in a quiet West Yarmouth neighborhood. Petitioner Honor Abas sought a variance to legalize a fifth bedroom in a two-family duplex, explaining that he had already finished the basement four years ago to accommodate visiting family. Everything was done with building, electric, and plumbing permits four years ago, but they told me I couldn't call it a bedroom unless I came to the board, Abas said.

The request faced immediate scrutiny due to the property’s history and recent neighbor complaints. Vice Chair Dick Martin pointed out that the lot is less than a quarter-acre and was originally allowed to become a duplex only as a special concession for a former owner. This is a two-family house on a tiny lot... in a single-family neighborhood, Martin noted. I'm concerned about the management of the property and I will not be voting for a fifth bedroom. Member Barbara Murphy highlighted recent disturbances reported by neighbors, including a police record from July. I'm concerned about noise complaints. A police record shows a complaint on July 24th regarding 20 people and loud music at 11:00 PM, Murphy said.

Chair Sean Igoe reminded the applicant that a 2006 board decision explicitly prohibited structural enlargements or additional bedrooms on the site. The town cannot grant you relief that runs contrary to prior decisions on your title, Igoe said, adding that the request failed to meet the state-mandated legal criteria for a variance. Motion Made by J. Mantoni to deny the request for a variance to increase the total number of bedrooms from four to five. Motion Passed (5-0). A second Motion Made by D. Martin to deny the request to modify decision 3992 also Passed (5-0), effectively ending the expansion effort.

In a win for regional public safety, the board unanimously agreed to lift usage restrictions on the town’s training facility at 400 Higgins Crowell Road. Previously, the site was limited to local police and fire use, but officials sought to open the space to regional, state, and federal partners. Police Chief Kevin Lennon emphasized the value of the unique facility, noting that it allows for force-on-force training using soap-based marking cartridges rather than live ammunition. We don't charge for use because when our officers train off-Cape, other departments find unused buildings for us to use for free, Lennon explained, describing the move as a cost-effective in-kind arrangement. Fire Chief Enrique Arrasque added that hosting state-level classes gives Yarmouth personnel first refusal or more seats in highly sought-after classes.

Member Anthony Panebianco supported the expansion of the facility’s scope, stating, I have no questions, just thanking them for their service. It's a good practice to have for training other agencies. Member John Mantoni inquired about the facility’s long-term growth, asking, Do you see this becoming more utilized in the future? Lennon confirmed that SWAT teams are frequently seeking new environments to keep tactics from becoming stale. Motion Made by A. Panebianco to modify special permit 5190 to eliminate the condition restricting use to only Yarmouth police and fire, while retaining the condition of no live fire. Motion Passed (5-0).

The board also waded into a contentious condominium dispute at 183 South Sea Avenue, where neighbors at unit 185 attempted to appeal a building permit for a newly constructed garage. Ana Bulgaro argued that the garage was built without initial permits and violated the condominium's master deed by infringing on an exclusivity line. They intentionally didn't apply for a permit initially to avoid attention to the exclusivity line, Bulgaro told the board. Assistant Building Commissioner Tim Sears defended his department, stating that while the contractor made an initial error, the structure now meets all zoning setbacks and building codes.

Chair Igoe clarified that the ZBA has no jurisdiction over private condo agreements. The exclusivity line is a boundary drawn between you and the other owner in your condo docs. If they violated those docs, that is a private matter for a court of law, Igoe explained. Motion Made by D. Martin to uphold the decision of the Building Commissioner regarding the issuance of the building permit. Motion Passed (5-0). A follow-up Motion Made by J. Mantoni to deny the request to revoke the building permit and order demolition of the garage Passed (5-0).

Finally, the board accepted a formal withdrawal for a comprehensive permit at 897 Route 28. The applicant, NSG Madachesset Village LLC, had originally proposed 27 rental units under MGL 40B but now intends to redesign the project under the town’s existing Village Center 3 zoning framework. Motion Made by D. Martin to accept notice of withdrawal of comprehensive permit application for 897 Route 28 without prejudice. Motion Passed (5-0).