State Decision Pending

The June 20 meeting of the Mattapoisett Zoning Board of Appeals found the Building Inspector Chris Canney working to untangle decisions that were made by former building commissioner David Riquinha, which are now impacting the construction of a new home underway at 1 Starboard Way. A request for a Variance had been filed by developer Neil Lafaivre in an effort to bring construction into compliance.

            Canney said that Riquinha had not brought the board’s attention to the fact that the building height was exceeding regulations. Canney said it appears that Riquinha approved the height change. Further, Canney said it has come to light that the first-floor elevation does not meet Massachusetts Building Code requirements. The applicant has filed an appeal with the state which is now pending. In a follow-up, Canney said the project had several violations.

            A request for two variances has been filed by Lafaivre. The variance, if granted, would allow the structure to be raised to Mass Code standards (not to be confused with FEMA regulations), as well as a positioning of exterior stairs into an abutting setback. The property owner has appealed the state’s elevation requirements; that appeal is awaiting a hearing date.

            Lafaivre stated that when it became clear that a portion of the roof exceeded local height restrictions, he attempted to bring the height down closer to an acceptable range. That however, wasn’t enough. Canney said the issues are complicated and that the project had already received several special permits. ZBA Chairman Susan Akin asked if the board would be best served by waiting for the state’s decision before taking local matters to a vote. All agreed.

            In other matters, property owned by the town and located in the Bay Club residential subdivision received a Variance for change of use, clearing the way for the property to be sold. It was noted that income generated from the land sale will go towards the building of a new Water and Sewer building.

            Sarah Murray, 19 County Road, received a Variance for the installation of an above-ground pool extending slightly over a setback.

            The next meeting of the Mattapoisett Zoning Board of Appeals is scheduled for Thursday, July 18, at 6:00 pm.

Mattapoisett Zoning Board of Appeals

By Marilou Newell

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