During the February 21 meeting of the Mattapoisett Zoning Board of Appeals, at least one abutter was not pleased that another request for the issuance of a Special Permit was filed by Norma Klein for the reconstruction of a lawfully non-conforming single-car two-story garage at 4 Indian Avenue. The original petition back in 2016 was granted to Klein, but subsequently appealed in Superior Court by abutters Debra and John Graf, 2 Indian Avenue.
Klein had intended to use the second-story space above the proposed reconstructed garage as a studio/office, but twice the Grafs took the matter to court to stop the project from proceeding.
Thus, it was on February 21 that Klein was once again back before the ZBA for round three with an application for a Special Permit, but this time with the stipulation that the second-story space would be for storage only.
The Grafs’ attorney, Marc Deshaies, argued against the issuance of the Special Permit, saying, “People will circumvent the rule. … They want you to sanction it. … People will say it’s for storage but … it’s a shell game.”
Deshaies continued, “I ask you to really consider what you are doing … [and] don’t rubber stamp this.” He also said that, without Bobola policing the use of the space, there was no assurance Klein would obey the restriction.
But ZBA Chairman Susan Akin said that the board had received the opinion of town counsel and were comfortable with issuing the Special Permit. The application was submitted in conformance with bylaws for construction in flood zones as well as taking into consideration the height of the proposed structure and its design planned to be in harmony with 2 Indian Avenue and the surrounding neighborhood. Akin said, “All we can do is go by the decision … it’s been to court twice.”
ZBA member Ken Pacheco reminded the applicant that the filing had originally been approved with the studio/office space, but that it now would only be allowed for storage. It was also confirmed that if Klein wished to add lawful plumbing in the future, it would be back before the ZBA and/or the building department and it would be declined.
ZBA member Colby Rottler said, “Generally most people are very honest; I would trust them, besides the neighbors will complain.” He said that with modern devices any unlawful use of the space would easily be documented.
The Special Permit was unanimously issued.
Also coming before the board was Brian and Grazyna Blaesser, 23 Cove Street, for a Special Permit for the reconstruction of a second-story space. After a brief presentation by N. Douglas Schneider & Associates, the permit was unanimously approved.
Continued until March 21 was the application filed by Ship Street, LLC for the conversion of a two-family home built in the early 1990’s from a private residence to a short-term rental property or a bed & breakfast. Attorney Ryan Pavao, representing the applicant, said all parties (not specifically identified) were nearing an agreement and requested a continuance.
The next meeting of the Mattapoisett Zoning Board of Appeals is scheduled for March 21 at 6:00 pm in the Town Hall Conference Room.
Mattapoisett ZBA
By Marilou Newell