The Planning Board is moving to shield local businesses from zoning violations as the state prepares to widen Route 28 for bike lanes and sidewalks. Town Planner Kathy Williams explained that the upcoming MassDOT corridor project will necessitate land takings that would push many existing buildings outside the strict front yard setback requirements of the Village Center Overlay District (VCOD). To prevent owners from being penalized by the state-led project, Williams proposed a zoning amendment to change the relief process from a difficult variance to a more flexible special permit. The VCOD is the only bylaw that we have that not only has a minimum front yard setback, but also has a maximum front yard setback, Williams told the board. Instead of making it a variance, we would make it a special permit relief.

Board members expressed concern for long-standing establishments likely to lose parking and landscaping to the state’s south-side takings. Member P. Slovak specifically noted the potential impacts on the Sons of Aaron and Captain Parker’s. Chair J. Crowley endorsed the streamlined approach, stating, Whenever a VCOD comes before us or a road project, our eyes kind of roll a little bit. If we can help a developer make it easier for them, it’s our job to do. Member S. Brita advocated for narrow language in the amendment, suggesting the board limit it or at least refine the identification of where it's going to be applied to ensure it is tied strictly to the Route 28 improvement section. The board gave Williams the green light to draft the formal amendment for a public hearing currently targeted for March.

In a victory for local conservation efforts, the board cleared the path for a land acquisition that has been years in the making. Attorney Michael Kenneth presented an Approval Not Required (ANR) plan for the Kingsway Condominium Trust property off Nottingham Drive, which will be conveyed to the town for open space. Kenneth emphasized the urgency of the filing due to a June grant deadline for the acquisition funding. The town passed a town meeting article authorizing the town to buy this piece of property, Kenneth said. We needed some zoning relief to remove an open space restriction on that. Step two is the ANR endorsement from you. Member S. Brita, who also sits on the Community Preservation Act (CPA) committee, noted that the group was eager to see the land added to the town’s conservation inventory. Motion Made by S. Brita to endorse ANR plan 2371L for Kingsway Condominium Trust, as amended to include the document number for the recorded Zoning Board of Appeals decision 5205. Motion Passed (6-0-0).

The board also addressed a unique drainage solution for a single-family home project at 63 Thatcher Shore Road. Engineer Dan Ojala requested a modification to a previously approved subdivision plan to replace traditional grass swales with pervious gravel. Ojala described the site as a glorified driveway where the natural soil is so absorbent that typical runoff mitigation is unnecessary. The gravel that was utilized was so pervious that there's virtually no runoff, so we can waive the requirement to put those shallow side ditches on, Ojala said, adding that the change helped preserve several mature trees. Planner Williams confirmed she had personally inspected the site after large rain events and found the area to be stable. Motion Made by P. Slovak to approve definitive plan 1648H, Modification 2, subject to specified waivers and conditions regarding blue stone materials and plan references. Motion Passed (6-0-0).

Financial updates dominated much of the latter half of the meeting, including a significant boost for the Community Preservation fund. Williams reported that the town was able to return approximately $800,000 to the CPA fund after leveraging other grants for the Parker's River Bridge tidal restoration. Additionally, the town is pursuing a $70,000 MassDevelopment grant to fund a financial feasibility study for the Madaket (MUK) site redevelopment, which is currently being weighed through five different concept designs. Member S. Brita questioned the procurement process for the consultant, with Williams explaining that the town would utilize a pre-approved list from MassDevelopment to expedite the study of a potential sports complex on the site.

Regarding capital projects, Member T. Pendleton reported that the Library Committee is currently awaiting finalized cost estimates, which are expected at the end of January. The committee has opted to seek a second estimate for belt and suspenders accuracy before launching a major public outreach campaign. In housing news, Member D. Gaquin updated the board on the Wood Road Habitat for Humanity project and the Yarmouth Housing Authority’s ongoing work to address water infrastructure issues at Forest Road. The board concluded with a look toward a February 24 joint session with the Select Board to discuss short-term rental (STR) regulations. Member K. Smith noted that while he generally believes supply and demand should regulate the market, he remains focused on the issue of corporate proliferation of STRs in residential zones.