Traffic, trespassing concerns sway Pico Beach Road permit denial

By Erik Fox | Nov 17, 2011

Mattapoisett — A special permit for the reconstruction of a rental home on Pico Beach Road—which is just one foot from abutting land—has been denied following traffic and trespassing concerns.

Medfield resident Diane D’Orlando requested a special permit to rebuild the home with an additional story and add two more bedrooms. According to D’Orlando’s application, the total height would be 34 feet but no expansion to the home would be made.

The foundation of the home is a two-car garage with concrete reinforcements. A permanent deck on the first floor would remain and be used by the construction workers.

The Zoning Board of Appeals denied the request Nov. 17 following complaints from abutters Heather Hobler and Justin Kelleher.

According to Hobler, construction at the property already happening has proved intrusive.

“[Workers] leave their lumber and sawhorses on the property,” Hobler said. “People drive and park on the marsh grass. There is a long history of them on my property. I’ve expressed my upset. [D’Orlando] just doesn’t want to listen.”

Building Inspector Andy Bobola said the ongoing shingle work is permitted.

Hobler also said up to 10 cars have been at the property. Although a lot across from the home is reserved for parking, Kelleher said the eight-foot-wide right-of-way has also been partially blocked from traffic at the home.

The two believe that additional rooms to the home would bring more cars to the property.

“[The right-of-way] isn’t stable,” Kelleher said. “Increased traffic is a real problem. This is going to affect wildlife, vegetation. I think it’s a structure that has no place there.”

Kelleher also said emergency vehicles would be unable to move down the road especially with the increase of summer renters in the area.

D’Orlando’s attorney, Shephard Johnson, said the Conservation Commission approved the project and that the abutter’s claims of trespassing were irrelevant to the permit’s hearing.

“The lot has sufficient parking for 15 cars,” Johnson said. “The limited parking has nothing to do with height of the structure. The project takes up no more of the lot, and the work can be accomplished without trespassing.”

Zoning Board of Appeals member Ken Pacheco wasn’t so sure.

“How can you not trespass with only foot on each side?” he asked.

Johnson said a snow fence could be put up along the property line.

Building Inspector Andy Bobola also questioned the setback from the porch to the high water mark. Bobola said town bylaws require 30 feet and the deck is currently at 25 feet.

Ultimately, the Board denied the permit based on the potential increase for traffic and impact on the community and environment.

“The fact that they could build that close to another’s property is beyond me,” said member Norman Lyonnais.

Comments (0)
If you wish to comment, please login.