A Variance and a Covenant

Case 1523, a Variance petition filed by Catherine Murphy, 7 Oaklawn Avenue, returned to the Mattapoisett Zoning Board of Appeals on August 17.

            Originally, the Variance request was opened on July 20. After hearing from at least one abutter who objected to the location of a proposed inground pool, Murphy was allowed to request a continuance.

            Russel Dill, the abutter, based his concerns on potential contamination of his freshwater well in the event pool water is discharged onto the property and flows to his, and he believes noise from pool-associated equipment would be disruptive. Dill further alleged that pools are really, “open cesspools that we pour chemicals into.”

            ZBA Chairman Susan Akin said that the Zoning Board only deals with zoning issues, not matters of water drainage or similar environmental concerns. The new plan placed the pool within the regulated setbacks, giving the board room to rule positively on the requested Variance. The new plan was unanimously approved as presented.

            In other ZBA business, a Special Permit requested by Haworth Property Services, 18 Brandt Island Road, for the construction of a covered porch measuring 6×25 feet was approved.

            Also approved was a Special Permit requested by Magnar Kvilhaug, 17 West Hill Road, for the installation of a 16×32-foot inground pool.

            On Monday night, the Mattapoisett Planning Board met briefly to handle one agenda item, a discussion and surety agreement with Long Built Homes.

            Representing both Long Built Homes and JBL Estates for property located at 0 Fairhaven Road, the site of a formerly double-sided billboard, was Attorney Lee Castignetti.

            Castignetti asked for and received a covenant condition that in lieu of a cash roadway surety, lots will be held. The estimations prepared by the developers for the roadway covenant seemed low to the board members. Planning Board Chairman Tom Tucker said Field Engineering, the town’s peer-review consultant, will review the proposal.

            The request was continued to the next meeting of the Mattapoisett Planning Board, which is scheduled for Monday, September 18, at 7:00 pm. The next meeting of the Mattapoisett Zoning Board of Appeals will be scheduled for September 21 at 6:00 pm if there are cases to be heard.

Mattapoisett Zoning Board of Appeals

Mattapoisett Planning Board

By Marilou Newell

Leave A Comment...

*