Zoning Obstacles Halt Roosevelt Road Residence While Parker Street Flood Violations Face Enforcement

Key Points

  • Roosevelt Road primary dwelling and ADU conversion plan continued pending Zoning Board of Appeals review
  • Proposed new structure at 34 Roosevelt Road challenged for encroaching on wetland setbacks
  • Solid vinyl fencing and non-compliant skirting at 41 Parker Street cited as flood zone violations
  • Homeowner at 41 Parker Street ordered to file amended notice of intent for compliant structures within 60 days
  • Fat bike mountain bike race approved for January 11 on town trails
  • New 20-foot bog bridge and memorial bench approved for John Little Conservation Area

Chair Craig Hannafin opened the meeting, which quickly focused on a complex proposal at 34 Roosevelt Road involving the construction of a new dwelling on a sensitive barrier beach. Rick Savant of Snick and Taylor presented the plan to build a primary residence on wood piles while converting the existing 1950s-era home into an Accessory Dwelling Unit (ADU). Savant noted the family-oriented nature of the project, stating, The mom's going to stay in the house and other family members are going to build and live in the primary structure. However, the commission expressed significant reservations regarding the structure's proximity to Bordering Vegetated Wetlands (BVW) and its location within a coastal dune. Elizabeth Lake questioned the footprint, asking, The existing structure is 32 feet off the BVW? while Corey Miles pointed out that local performance standards generally prohibit new structures from being closer to resource areas than existing ones, noting, No new structure shall be located closer to an adjacent resource area than any existing building or structure.

The commission ultimately determined that a determination from the Zoning Board of Appeals (ZBA) was necessary before any conservation permitting could proceed, particularly given concerns that the existing house might exceed ADU size limits. Bert O'Donnell emphasized the need for clarity, stating, I don't think it makes sense for conservation to attempt any kind of permitting here until zoning has had their say. Sam Malafronte sought clarification on the specific hurdles, asking, What is the ZBA permit that's needed? Following the discussion, Motion Made by Craig Hannafin to continue this hearing until ZBA determination is made. Vote Passed 5-0. Jesse Platt and John O'Donnell joined the consensus, with Platt saying Aye and O'Donnell adding his Second to the procedural motions.

The board then addressed a significant violation at 41 Parker Street involving non-compliant skirting and vinyl fencing in a flood zone. Conservation Administrator Mike Seele detailed the technical failures, explaining, The skirting needs to be 6 in off the ground, have at least 1 in spaces between the panels, and be fastened to breakaway panels. The solid vinyl fencing, which was not on the approved site plan, creates a debris hazard and obstructs flow during flood events. The commission decided to issue a formal notice of violation to trigger corrective action. Motion Made by Craig Hannafin to issue a notice of violation for 41 Parker Street requiring within 60 days the receipt of an amended notice of intent showing compliant fencing and skirting. Vote Passed 5-0.

In other business, the commission greenlit the annual mountain bike race scheduled for January 11. Guest speaker Jeff Wilson shared that the event is a community favorite, noting, The course is like two miles... everyone enjoyed it, had fun during the previous year. Additionally, the board approved trail enhancements for the John Little Conservation Area. Ned, a local trail advocate, presented plans for a new 20-foot bog bridge and a memorial bench. Ned informed the board, Andrea Kindo... wants to sponsor a bench for her husband who passed away. Motion Made by Craig Hannafin to approve a bog bridge and bench for the little conservation area. Vote Passed 5-0. The meeting was adjourned at the conclusion of business.