What started out as an approved use for a home-based business, but ultimately became a rental unit above a garage, was deemed illegal when the Mattapoisett Zoning Board of Appeals heard the case for a variance on July 21.
Dr. Tedor Georgescu and his wife bought the 121 North Street property expressly because it was sold to them as a large four-bedroom single-family home with a stand-alone garage containing a second story one-bedroom apartment. Their attorney, Michael Kehoe, told the board members that without the rental income, which the Georgescus believed they were entitled to collect, paying the mortgage and taxes on the property would be a hardship.
When the Simmons family sold the property to Georgescu, the garage apartment was already being rented out rather than being used as an owner/office. But Director of Inspectional Services Andy Bobola said, “The original variance was granted as a business, not an apartment.”
Kehoe said, “This hasn’t been done in the cloak of darkness.” He asserted that neighbors were aware of the rental, that the Georgescus were totally unaware of the illegal status of the apartment, and that it has its own septic and heating system. Kehoe also impressed upon the board that if they granted the variance for a multi-family permit, Georgescu would install all necessary fire safety equipment for code compliance. He said the apartment already had two exterior points of egress.
Board member Mary Ann Brogan asked, “Did they do a title search?”
“Yes, and we don’t know how it was missed,” replied Kehoe.
Bobola said, “There is no record of any apartment being created.” Putting the blame on the sellers, Kehoe said, “The former owners should have disclosed.”
Bobola explained that over his many years of service to the town in his role as building code enforcement officer, hundreds of homeowners have attempted to obtain variances to allow the construction of second story garage spaces for rental units. He said, “It doesn’t meet any of our bylaws.” He said that in trying to work with Georgescu, it had been “a struggle” as Bobola attempted to persuade him to apply for a variance at the very least. He said that it wasn’t until legal action was proposed that Georgescu finally submitted his application for relief.
Brogan wondered aloud, “You’re asking us to sanction a two-family?”
Kehoe responded, “They took over from the previous owner and kept on doing what the owner was doing.”
Chairman Susan Akin said, “I’m bothered about setting a precedent.”
Board member Norman Lyonnais said he had been on the board when a similar action came before them. He said he understood the hardship.
In spite of letters from several neighbors in support of the variance, one neighbor came forward against. Jean DeCoffe said, “When Connie had the property, it was always meant to be an office.” Gesturing towards the Georgescus she continued, “They purchased in 2010; this is 2016. This is not an accepted apartment.” She also said that water issues were a problem for the homes built in the area.
DeCoffe’s statements enraged Georgescu. He lashed out, saying, “You’ve been against this development from the beginning!” Kehoe was able to assist Georgescu in regaining his composure.
When the board deliberated the case, Lyonnais said, “I feel for these people, but just because it’s a hardship doesn’t mean we’re going to do it.” The board unanimously denied granting a variance.
Other cases heard included Stuart LeGassick, 5 Beacon Street, who sought and received a Special Permit to construct a single-stall garage and additional living space.
Also receiving a Special Permit after some debate on a necessary curb cut on Route 6 was Gregory Noblet. Noblet had received incorrect information from town documents that had indicated a parcel he owned adjacent to one on which he built his home met zoning requirements that would allow Noblet to sell the property as a buildable lot.
For years, Noblet paid taxes on the lot and had gone so far as to pay the sewer betterment fees. Recently, he learned the town’s records were, in fact, incorrect.
Bobola said this was a unique situation, that the records had been wrong for decades, and were wrong at the registry of deeds.
Drusilla Perry, 4 Martin Avenue, expressed concern that her abutting property would be negatively affected by stormwater runoff and that it was a safety issue to allow a curb cut on Route 6. She was informed that the Massachusetts Department of Transportation would be the governing body regarding a curb cut on the state highway, not the town.
Another abutter, Barbara White, 99 County Road, said that driveways on Route 6 were always dangerous, but that water was not a problem in the area.
The board members sided with Noblet and granted his request.
Blue Wave LLC, whose solar project on Crystal Spring Road hit a snag when Sun Edison filed for bankruptcy, sought an extension of their Special Permit to construct a solar array at that location. Representing the applicant, Rick Charon of Charon & Associates said that work had begun at the site and, although another utility will replace Sun Edison, the scope of the project will not and had not changed. He explained that an extension was no longer necessary and asked to withdraw the application without prejudice. The request was granted.
The next meeting of the Mattapoisett Zoning Board of Appeals will be scheduled for August 18 at 6:00 pm in the town hall conference room if there are scheduled hearings.
By Marilou Newell