Family Apartments Require ‘Trust and Honesty’

            During the August 20 meeting of the Mattapoisett Zoning Board of Appeals, the members held a hearing for the Special Permit application filed by John Houlihan of 6 Hi Ona Hill Road. Remotely sitting on the board this night were Colby Rottler, Norman Lyonnais, Tony Tranfaglia, and Jordan Rodrigues. Also in attendance was Chairman Susan Akin. Assisting the board through the hearing process and the remote access platform was Director of Inspectional Services Andy Bobola.

            Bobola opened the hearing by saying, “This is a simple renewal due to a change of ownership.” At issue was the transference of a Special Permit that would grant the Houlihans permission to have a family member live in an attached addition with private access.

            Abutters who were not asked to identify themselves were also on the remote meeting voicing their concern that they needed assurance the apartment would not be used for just “anybody” to rent but would, in fact, be occupied by a family member. They also asked Bobola how he ensures that occupants are family members.

            “Sometimes we’ll get wind that a family apartment is being rented,” said Bobola, responding that he relies for the most part on the honor system. In a follow-up, Bobola stated, “All we can rely on is a person telling the truth.”

            Bobola said his office does receive complaints that are investigated, and if a homeowner is renting a family-related apartment their Special Permit is voided. Other legal actions may be taken when the Zoning Bylaw is breached. “That would make it an unpermitted, two-family home,” he stated. “We rely on trust and honesty.” Bobola said that his office is currently investigating a zoning bylaw breach to bring the property into compliance.

            Mattapoisett’s zoning bylaws allow under a Special Permit the construction of a 700-square foot family-related apartment, including the space above a garage if the garage is attached to the dwelling unit.

            There was no one present at the August 20 meeting to represent the Houlihans, but Bobola said his office had received an email clarifying that a senior member of the family would be occupying the apartment in question and was, in fact, one of the property owners. The request was unanimously approved.

            A hearing for a variance for property located at 13 North Street owned by Deborah Smiley and Sam Ogle was withdrawn with prejudice. The application was for a new two-car garage with a driveway that included a turn-around on the property. Issues between the architect and the property owners need to be resolved, Ogle said, before the project can move forward.

            The next meeting of the Mattapoisett Zoning Board of Appeals will be scheduled pending hearings. 

Mattapoisett Zoning Board of Appeals

By Marilou Newell

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