As engineer David Davignon of Schneider, Davignon, & Leone, Inc. ended his commentary on why the Mattapoisett Zoning Board of Appeals should grant his client a variance, emotions bubbled up and over.
Coming before the ZBA on September 16 was David and Lois Monteiro, 35 Mattapoisett Neck Road, with a request for a variance that would allow a contiguous lot owned by the couple to be developed for residential living.
Davignon explained that the lot had been a buildable lot for more than 30 years before a zoning bylaw change rendered the usage of interior measurements to meet frontage requirements null and void. He said the frontage was shy a mere 2.8 feet or 147 feet versus the current zoning requirement of 150 feet.
“In 2008, zoning changed,” Davignon stated. But earlier regulations had allowed a lot that met frontage requirements deeper into the lot to be permitted. He said the change had been made to eliminate what were considered oddly shaped lots or “pork chops” from being built out. He said his clients had purchased the potentially three-lot parcel that sits on the corner of Locust Street and Mattapoisett Neck Road in good faith that the lot could be sold and developed.
Continuing on with his pleadings on behalf of the Monteiro family, Davignon said that the lot is being taxed as a buildable lot and that, even though there is adequate frontage on Locust Street, that cannot be factored into the plan. Davignon explained that it would be possible for the lots to be developed if his client chose to put in a paper road to meet the needed frontage requirement but that they simply wanted to sell off the single lot.
Director of Inspectional Services Andy Bobola said, “The Monteiros, through no fault of their own, have always believed it was a buildable lot.” He said plans could be filed for a Form C subdivision.
Both Davignon and Bobola confirmed that the plan in question would not include a driveway with access to Locust Street.
Abutters were not pleased.
Diane Medvec and Ted Nolte of 9 Locust Street, located at the end of a cul-de-sac,
questioned the variance filing based on the stated financial hardship of high taxes, saying that if the appeal was denied, the assessor would change the tax rate to that of an unbuildable lot.
Lois Monteiro said that they purchased the property because they had been told by their realtor that the lot being discussed was, in fact, buildable, that taxes were making it impossible to remain in their home (an existing structure on the parcel), and that they had always planned to sell it for financial reasons.
This line of questioning was too much for David Monteiro, who swung around in his front-row seat to face Nolte, angrily saying, “What’s the benefit to you, Ted? You’ve been nothing but a (inaudible) since we moved in! What’s the benefit, Ted?” ZBA Chairman Sue Aiken interceded, saying, “No, Mr. Monteiro, no; we don’t do that here,” admonishing him several times before Monteiro faced forward, composing himself and remaining silent for the balance of the proceedings.
Another abutter, Wendy Lessard, said that she had invested in the community solely because her realtor had said that the Locust Street lot could never be built upon, that it would always be a green space.
Davignon countered that realtors say many things that might not necessarily be true.
In the end it came down to the size of the variance, the 2.8-foot difference. The board unanimously approved the request with the condition that a line of trees along Locust Street remain in place for screening from the proposed development.
In other business, Keith Silvia, 3 Hunter’s Lane, sought a variance for relief of a road setback for a bedroom addition needed for the homeowner for medical reasons. The request was unanimously approved. Also approved was a Special Permit as submitted by Jessica Nicolosi, 5 Perkins Lane, for an oversized accessory structure.
If hearings are planned, the next meeting of the Mattapoisett Zoning Board of Appeals will be scheduled for Thursday, October 21, at 6:00 pm.
Mattapoisett Zoning Board of Appeals
By Marilou Newell