On December 15, the Mattapoisett Zoning Board of Appeals convened to hear two appeals and did so in nearly record time.
Coming before the board on this night was David Andrews of Bay Club Real Estate with what was filed as a Variance and ultimately accepted as a Land Use Variance application for the construction of 12 two-bedroom, duplex units.
The agenda noted, “The applicant is seeking a Variance under section 5.9.1 as provided by Section 7.2.3 of the Zoning By-Laws to request permission to create a new residential use in a limited industry zone to build up to 12 residences as part of the Bay Club.”
The parcel planned for construction is located at the north entrance to the larger subdivision near the bike-path extension that runs to the Marion town line.
Andrews described the units as two-bedroom with a loft in a real estate category known as “fee simple.” In a follow-up, Andrews said that the homeowners will own specific outdoor spaces on their side of the overall structure. An internet explanation of the term “fee simple” states, “fee simple is a legal term that means full irrevocable ownership of land, and any buildings on that land,” (the same as a single-family home). It goes on to state, “it means the land is owned outright without any limitation or restrictions other than local zoning ordinances.”
The original submitted and permitted use of the parcel in question was for the construction of a conference center. As the years have gone by, the desire and need for such a structure has been deemed much less useful than more housing units. Board member Colby Rottler thought housing was indicated as much needed and has been a topic of the Master Plan Committee. That prompted Chairman Susan Akin to say, “But I don’t think they’ll be affordable.” The board members were unanimous in approving the request.
The other filing was from Thaddeus and Ann Yukna, 25 Silver Shell Avenue, for the construction of a new deck with zero setbacks. The request was viewed as in keeping with previous requests from the neighborhood and was unanimously granted a Special Permit.
The next meeting of the Mattapoisett Zoning Board of Appeals was not scheduled upon adjournment.
Mattapoisett Zoning Board of Appeals
By Marilou Newell