On October 21, the Mattapoisett Zoning Board of Appeals heard two cases for special permits, but it was the second of those two which found not only the applicant Wallace Duncan, 3 Pine Road, answering questions but also the contractor hired to work on his family home.
Duncan applied for an amendment to a Special Permit previously granted for a garage on the property. Citing the need for off-street parking in the Point Connett beach community, Duncan said by relocating the garage back farther towards the rear setback would allow for four off-street parking spaces in front of the garage.
After some discussion, however, a more compelling problem was raised – what happened to the house? All that remains of the original structure is the foundation, said Director of Inspectional Services Andy Bobola.
Coming forward to speak on behalf of his client was Regis Lavoie of Summer Street Builders. Lavoie said that it was always the applicant’s intention to remove the existing first floor in order to build a second floor that would meet code requirements, but Bobola and several board members believe that the previously requested and permitted reconstruction of the residence was granted with the understanding that existing walls would stay in place rather than a complete demolition of the structure.
Lavoie said it was not a demolition in his mind and that it was clear in the application that the only remaining feature of the original home would be the foundation and nothing more. “I’ve been upfront from the beginning on what we planned to do,” Lavoie asserted.
But Bobola wasn’t pleased, asking, “Why wasn’t this brought up when you got the permit? … Why didn’t anyone say the decision didn’t match the plan?”
ZBA Chairman Sue Akin concurred that things were not done as permitted. “You were putting a second floor over the first floor; to me, he has taken the house down.”
Lavoie responded, “No attempt was made to deceive anybody.”
“Even if you look at the permit, everything is a new second floor, nothing about taking the house down,” Bobola stated.
Joyce Lavoie, the office manager for the contractor, attempted to defend their interpretation of what had been submitted and to her thinking what had been approved. But ZBA member Norman Lyonnaise shot back, “How can you be confused? You’re in the business!” Lavoie responded, “Don’t get angry with me, we did build over the first floor.”
Other ZBA members were not as concerned that a disconnect had occurred between what the board members believe they approved and the work that actually took place. Member Tony Tranfaglia said, “The application did say keeping the first-floor footprint.” And member Bill Cantor asked fellow board members, “Why does it matter?”
Akin said, “People in the neighborhood were surprised when the home was gone.” Bobola added, “You did a lot more than gut the house.”
In the end, the board approved the movement of the garage with member Ken Pacheco saying, “Mistakes were made on both sides,” and Cantor offering, “They deserve a swift slap on the wrist and then move on.”
In other business, a Special Permit was approved for the combining of lots owned by Joseph DiNanno, 0 Dupont Drive, to make one buildable lot.
No ZBA meetings will be scheduled for the month of November.
Mattapoisett Zoning Board of Appeals
By Marilou Newell