Procedural Issue Postpones Pico Beach Hearing

Citing a procedural issue regarding proper notice to abutters and the public, the Mattapoisett Planning Board agreed not to vote on a request by Diane D’Orlando for approval of a repetitive petition in their meeting on Monday evening.

A repetitive action meant that the applicant was presenting revised plans of a building project that was rejected by the Zoning Board of Appeals on November 17.

The applicant, represented by Doug Schneider of Schneider Associates, asked the board to find that specific and material changes in conditions had been made on the project, located at 52 Pico Beach Road.

The applicant proposes to tear down the existing 1100 square foot home, which is on columns, and replace it with a two-story home at 2200 square feet, thereby doubling the size of the home and raising it up another story higher.

Abutter Heather Hobler was represented by attorney Marc Deshaies, who told the board that there wasn’t adequate notice given to the public or the abutters and that it was the first time he and his client had the opportunity to view the revised plans.

After Mr. Schneider presented the plans to the board, Atty. Deshaies told the board that he believed that proper notice had not been given.

“We’re still packing 10 pounds of matter into a five-pound can,” said Atty. Deshaies after viewing the plans.

The plans that were rejected by the ZBA had been revised and resubmitted to the Planning Board for their approval. Several abutters attended the meeting and expressed opposition to the resubmitted proposal. The board agreed to re-publicize the notice and rescheduled the hearing for February 6 at 7:00 pm.

In other business, the board heard from Steve Johansen on an informal decision on a petition and application of Brandt Island Realty Trust. The issue involved a subdivision that required a fee of $1200 per house lot to kept in reserve to be used as a maintenance or emergency fund for the concrete cast structures for each lot. Mr. Johansen wanted the board to clarify and vote on how the monies were to be held in escrow. The board agreed that the funds would be held by the homeowners association and that a yearly update would be given to the Planning Board.

The board noted that they needed an additional board member and that if anyone from the town was interested in running to fill the position they should get the papers from town hall.

By Joan Hartnett-Barry

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