The Wareham Zoning Board of Appeals approved a set of 40-foot high boat storage racks for the Safe Harbor Onset Bay Marina at 3 Green Street in Onset — overturning a decision it made earlier this year. 

The boat racks in question will replace a set of pre-existing racks on Safe Harbor's property. The company's initial application says the old racks "have outlived their useful and safe lifespan and are in need of replacement."

Town bylaws require most structures within the marine zoning district to keep a distance of 50 feet from residential property zones. However, the old racks were grandfathered in at a six-foot distance. The applicants proposed to increase that setback to 16 feet for the new racks, while increasing their height from 33 feet for the old racks to 40 for the new. 

The Zoning Board of Appeals initially suggested the increased height would need a variance. After discussion in a May 24 meeting, the board voted to approve the new racks with their 16-foot setback, but said the racks could only be 33 feet tall. 

Safe Harbor fought that decision in court, and after discussions with town officials, the issue returned to the Zoning Board of Appeals on Wednesday, Dec. 27 for another hearing. 

“It's very clear, as far as what [the bylaw] tells us, [what] we can do,” said attorney for Safe Harbor, Steven Guard. 

Under the laws, a non-conforming structure may be extended, as long as the extension stays within what’s allowed by the bylaws, according to Guard. He said the town’s bylaws clearly allow for structures up to 45 feet, which permits the 40-foot high racks.

Town Council Richard Bowen agreed. Under Wareham’s laws, structures are allowed up to 45 feet, and the only non-conformity is the distance from the Residential Zoning District, which the Zoning Board of Appeals already voted to approve, Bowen said.

“I think this is one that you have to take another look at,” said Bowen.

The Zoning Board of Appeals agreed with Bowen, voting to reverse its decision and approve the boat racks. 

The decision did not address complaints from Onset residents — many of whom attended the meeting in person — about the current status of the marina. 

Residents raised concerns including insufficient emergency vehicle access to the property, improper or unsafe construction and a disregard of Wareham's bylaws from Safe Harbor. 

"The buzz seems to be that Safe Harbor can do what they would like on their property," said Onset resident Rebecca Hemsley. 

Zoning Board of Appeals Chair Nazih Elkallassi expressed his own concerns about improprieties on the property, saying he wasn't sure whether the permitting was in order for a gas tank on the property. "I went by, and I [saw] a few things that I didn't like."

However, the board in that meeting could only consider the height of the boat racks, members agreed.