On October 15, the Mattapoisett Zoning Board of Appeals heard several applications in which requests to allow the use of grandfathered setbacks was the main theme.
The first hearing of the evening was for 7 Fairview Drive, owned by Milton Heuberger. The property was described as having been two lots that were either intentionally or unintentionally joined. Heuberger asked that the original lots with the original setbacks – those prior to 1973 – be recognized so that his daughter could build a home next to his residence.
Heuberger had already received the green light from the Mattapoisett Conservation Commission, as well as approval from the Water and Sewer Department for municipal services.
Acting Chairman Paul Millott asked Director of Inspectional Services Andy Bobola if the application was acceptable as presented.
Bobola responded, “This is a straightforward application in keeping with the laws.” Bobola added, “The plans are in keeping with the neighborhood.”
The application was approved.
The next application also requesting the recognition and acceptance of earlier setbacks was from Corey Bizzaro for 0 Hillside Avenue. Bizzaro’s application was identical to Heuberger’s regarding setbacks and his desire to build a home in keeping with the neighborhood.
That part of the application was not a problem for the board; however, abutter Kevin Tavares told the board that Natural Heritage & Endangered Species Program had designated land abutting his property and that of Bizzaro’s, questioning the wisdom of placing a new home near the line.
“I’m not against the project, not at all,” Tavares stated numerous times as he tried to argue that Bizzaro’s plans might endanger wildlife habitat.
The board wondered amongst themselves if this was an issue for their consideration or if they were to simply review the application from a zoning perspective.
Bobola suggested to the board that their purview likely should only be that of the zoning issue and that they could approve the application with the restriction that the Conservation Commission would need to review the project before a building permit could be granted. Tavares was told that the Conservation Commission was the right place to bring up his concern.
The board agreed with Bobola and approved the project with the grandfathered setbacks being accepted.
The third project of the evening looking for setback relief came from Bruce Rocha, Sr. for property located at 0 Wildwood Terrace. Rocha told the board that he had owned the property for 40 years and had made improvements in the form of a Board of Health-approved septic installation and connection to public water.
“I’m just asking for the same thing that Milton got,” he told the board. His application was approved.
Also coming before the board was Charles Van Voorhis of Nick’s Pizza, 27 County Road. Van Voorhis sought and received permission to enclose an outdoor patio space to allow for the expansion of his kitchen and reconfiguration of the restrooms. Abutters did not have a problem with the scope of work planned, although Nancy Perry of Upland Way asked if the larger kitchen would mean more traffic to the narrow side street along the eastern edge of the restaurant.
“I was thinking about adding delivery service,” Van Voorhis responded. The application was approved.
The next meeting of the Mattapoisett Zoning Board of Appeals will be November 19 at 6:00 pm contingent upon applications.
By Marilou Newell
