Yarmouth Board of Appeals approves special permit for 21 Television Lane, conditions tied to Conservation Commission review

The Yarmouth Board of Appeals voted unanimously Feb. 13 to approve a special permit for work at 21 Television Lane that will relocate and raise a preexisting nonconforming house, but the board made approval conditional on the applicant receiving Conservation Commission sign-off.

The applicant, who identified himself as Alfredo Oblato, sought relief under the zoning provisions the board cited at the hearing to “alter, relocate, and increase the ridge height of a preexisting nonconforming structure.” Chairman Sean Igoe told Oblato the board could grant the zoning relief now but that a building permit would not be issued until Conservation Commission requirements were met.

A memorandum from Joe Girolimo, Yarmouth conservation agent, dated Jan. 24, 2025 and read into the record says a Notice of Intent is required because the proposed placement of fill is within the 100‑year flood zone and therefore triggers the Wetlands Protection Act and the Yarmouth Wetlands bylaw. The memo also notes the Conservation Commission had not yet received or reviewed an application and that upcoming commission hearing dates are Feb. 20 and March 6, 2025.

Board members who questioned the petitioner reviewed a January 2025 plan showing the house would be turned so the foundation is square to the lot. The board discussed setbacks and elevations at the hearing. The petitioner said the first‑floor elevation would be about 12.10 feet, putting the deck roughly 8 feet above ground level, and that a new retaining wall would be about 4 feet tall in places; exposure of the foundation after fill was estimated at about 2½ to 3 feet by the petitioner. Board members and the conservation agent emphasized that Conservation Commission approval must be obtained before any building permit could issue.

With no members of the public speaking for or against the petition, a board member moved to approve the special permit as submitted with the condition that the project receive conservation approval; another member seconded. The board called for the vote and the motion carried unanimously. The chair told the applicant the decision would be filed with the town clerk; the 20‑day appeal period would start on the date the decision is clocked with the clerk.

The board’s action allows zoning relief but leaves the Conservation Commission as the body that must complete wetlands review under state and local rules before construction permits are issued.