Neighbor concerns regarding a failing retaining wall led to a rare split decision by the Yarmouth Zoning Board of Appeals on Thursday, as board members wrestled with the limits of their jurisdiction over private property disputes. While the board eventually cleared the way for a second-floor addition at 177 CV Avenue, the 4-1 outcome highlighted internal tension over whether to mandate site repairs as a condition of development.

The petition, brought by Vitali and Marina Bulgakov, sought relief for height and setbacks on an undersized 6,800-square-foot lot. Architect Morel Orta explained that while the project began as a simple dormer, a failing foundation necessitated raising the entire structure to comply with modern flood zone regulations. Replacing the foundation triggers the requirement to raise the building to comply with flood zone regulations, Orta said, noting the house would need to reach an elevation of 13 or 14 feet. The bottom of the house foundation is below the bottom of the retaining wall, so physics suggests it shouldn't push the earth outward.

However, abutter John Moyahan raised alarms regarding a wall and fence built in the 1960s that he claimed was on the petitioners' property. The wall is crumbling. Adding weight to the building will put more pressure on that ground, Moyahan told the board, also expressing worry that raising the home would compromise the privacy of his outdoor shower. Chairman Sean Igoe, who typically maintains a strict focus on FEMA flood-zone compliance, noted the difficulty of the situation. I'm not quite sure if that falls under our purview, Igoe said. As a practical matter, that wall is going to have to be addressed when you dig for the foundation.

Member Tim Scanlan pushed for a formal requirement to fix the wall, stating, I'd like to make the retaining wall a condition for approving the petition. When the rest of the board declined to include that condition—citing that landscaping and walls in residential districts are outside their typical oversight—Scanlan cast the lone dissenting vote. Motion Made by J. Mantoni to approve the petition as requested. No conditions. Motion Passed (4-1-0). In a related procedural move, Motion Made by J. Mantoni to allow the petitioner to withdraw the request for variance without prejudice. Motion Passed (5-0-0).

The board also reviewed a proposal from Ravi Basile to expand a non-conforming auto repair use at 1308 Route 28. Basile requested a special permit for a new 21x46-foot garage bay and a second floor for storage or office space. We are getting busy with inspection stickers at the location, so we decided to expand the garage by one extra bay, Basile said. Since we're going to have the extra garage, we're going to have a second floor for possible storage or an office.

Vice Chair Dick Martin questioned the aesthetics of the expansion, asking, Any chance of getting some kind of siding on that as well? while also requesting more trees for the front buffer. Member John Mantoni followed up on the exterior finish, asking, So you're going to reside the whole building as well? to which Basile confirmed the use of Cape Cod gray cedar shingles. Member Barbara Murphy inquired about the site’s infrastructure, asking, The proposed addition is this 2,000-gallon tank. Is that underground? Will this addition have any impact on that? Basile assured the board the tank was well away from the construction footprint. To address neighborhood concerns about traffic and site density, the board added specific requirements to the approval. Motion Made by T. Scanlan to approve the petition as requested with the conditions that any used cars for sale be located in the back of the building and that additional plantings be added in barren buffer areas. Motion Passed (5-0-0).

In West Yarmouth, a new recreational business received the board's enthusiastic support. Kevin and Julie Dakota proposed installing two indoor batting cages at 200 Midcape Drive. We're looking to install a couple of indoor batting cages so people have a place to go and train throughout the year, Kevin Dakota explained, noting the facility would host a maximum of 10 people at a time. The board found the plan well-suited for the area. Motion Made by D. Martin to approve petition number 5208 as requested for a special permit with no conditions. Motion Passed (5-0-0).

Finally, the board delayed action on a request by William A. Bravo for a second-floor addition at 147 Run Pond Road. Motion Made by T. Scanlan to approve the continuance. Motion Passed (5-0-0). Scanlan requested that the applicant provide more detailed visuals before the next hearing, noting, some of the drawings they didn't give us were the actual renderings of the second and third floor that they're looking to build. That matter is now scheduled for February 12.