Jean Perry, Neighb News Correspondent
The Fairhaven Zoning Board of Appeals on 2/2 could not shed light on the Stratford Group’s proposed reduction in units or the altered roofline design for the Oxford School development, even after Building Commissioner Chris Carmichael confirmed that the ZBA did vote to approve the proposed changes two years ago.
Resident Ann Richard called into the meeting remotely via Zoom concerned about the changes, especially the roofline design that changed from a hipped dormer roof to a flat roof. She said she reviewed the ZBA meeting minutes and watched the recordings from 6/5/18, 1/9/19, and 3/4/20 when Oxford School was discussed and said, “There was no mention of a change in the roofline…. I feel like this is a substantial change, and it was never … spoken about in … open meeting, and it was never in the minutes.”
ZBA Chairperson Peter DeTerra asked Mr. Carmichael to clarify Ms. Richard’s account of the events
“I came on (as building commissioner) three months ago,” said Mr. Carmichael. “As for what happened during your meeting two years ago, no, I really can’t speak on it.”
“So, maybe we should table this and get some more information on this and bring it back the next meeting?” said Mr. DeTerra.
Mr. Carmichael did say that retired Town Administrator Mark Rees presented the ZBA with the change to the units, “And that the roofline was in some fine print in the last change. I don’t know if it was ever discussed or presented.”
“So, they made it lower or higher?” asked Mr. DeTerra.
Mr. Carmichael briefly explained the change that Stratford considered a “minor change” but added, “They changed the roofline drastically to a flat roof.”
Mr. DeTerra asked Ms. Richard what she was looking for, and she replied that she was concerned that no abutters were notified when the changes were made and added, “I don’t feel like anyone on this committee has looked at the plan … and that’s very concerning to me…. I just feel like this is a significant change; it’s not just one little thing…. It’s going to make a big change in the way the building looks.”
She asked if anyone on the board had anything to say.
Mr. DeTerra said he would ask a representative from Stratford to attend the next meeting on 3/2. Mr. Carmichael noted that the contractor for Stratford was hoping to get the building permits issued immediately, so perhaps the ZBA could hold a meeting before 3/2.
“They’re hoping to start construction very shortly … so we may need to expedite this,” said Mr. Carmichael.
A 4/13/18 letter released by the Selectboard’s Office from SCG to the ZBA does reflect a reduction from 63 to 54 units and includes a statement reporting on the Massachusetts Historical Commission’s (MHC) recommendation to simplify the building “to align more closely with the existing gymnasium structure in massing, height, and materials…”
It also reads, “In lieu of the cross gabled 3 & 4-story that was presented …, a simpler massing is presently defined with a lower flat roof that brings the height of the new roofline below that of the historic structure.”
The revised plans were attached to that letter reflecting the proposed flat roof.
A letter from SCG to the ZBA dated 1/4/19 then requested a reduction in units from 63 to 52 and included the same intent to construct the new building with a flat roof.
In another matter, two abutters opposed to a special permit and variance to allow for a FEMA-compliant raised house at 15 James Street were unsuccessful in convincing the ZBA that their concerns were valid.
David Caruso, 17 James Street, was concerned that adding one foot of fill to raise the ground elevation from 7 to 8 feet would result in water runoff into his and other abutting properties in a neighborhood Mr. Caruso said is already a “wet area” with water drainage issues. He worried that rainwater would no longer flow toward the street but down toward his property and into his crawlspace cellar.
“I see you got underground stormwater retention things for the gutter drains?” Mr. DeTerra said to Rick Charon of Charon Associates, who concurred. Mr. Charon insisted that the runoff would flow toward the drainage system in the street, and the foot of fill would provide drainage around the new house “so it’s not sitting in a hole.”
Furthermore, Mr. Caruso said, once the older house is razed and the new one built up on stilts, the new 35-foot high home will block the sun to his residential solar panels, especially in the winter.
At first, Mr. Charon said the new house might cast a shadow on Mr. Caruso’s solar panels, possibly in the early morning, but then realized, “Well, he (Mr. Caruso) is right, yeah.”
Still, the bylaws would allow for a new house up to a maximum height of 35 feet, said Mr. Charon, adding, “I don’t know what to do about shading effects. We haven’t really studied that.”
He argued that if the ZBA contemplates the project’s effect on Mr. Caruso’s solar panels.
“I just think it sets a dangerous precedent if people can set up solar collectors to prevent someone from making their house conform to federal requirements.… Can you imagine if it were possible for people to put collectors up knowing that, going forward, their neighbor couldn’t do anything with their house?” said Mr. Charon. “I don’t think there’s a requirement that prevents us from building a house to flood zone requirements because we’re shading someone’s solar collectors.”
Mr. Caruso said he installed his solar panels well before Kyle Costa, owner of 15 James Street, put forth any plans to rebuild.
“To relieve Mr. Costa’s hardship … you should put a hardship on me?” Mr. Caruso asked.
“In order to build a house, [Mr. Costa] must put it up in the air,” said Mr. Charon.
Arthur Oliveira of 2 Harborview Avenue also spoke against the project because of possible water drainage issues.
“I’m concerned about raising the grade in a neighborhood that’s probably a couple of hundred feet from the waterfront with the highest possible water table,” he said. “James Street has no stormwater collection system at all…. I understand that the special permit being applied for is for an extension of a legally pre-existing non-conforming lot…. It’s my understanding that you’re not supposed to create your own hardships.”
Mr. Oliveira said a recent rain and snow event left more water than usual near the site, and it takes “quite some time for the ground down here to absorb any type of rain, and I’m concerned about that.”
Board members had no questions or comments before unanimously approving the special permit for “front, rear, and lot sizes,” and a variance to allow a 10-foot front setback instead of the required 20 feet, and a 10-foot rear setback instead of the required 30.
In other matters, the board unanimously approved a special permit and variance for Doreen and Antonio Albuquerque, 18 Point Street, to raze an existing house and construct a FEMA-compliant home on stilts. Judith and Robert Tubbs, 294 Huttleston Avenue, received a six-month extension of a variance. Sanjiv Patel, 3 Winter Street, received a variance for the rear setback requirement to construct a two-stall garage.
The public hearing for Fairhaven Shipyard was continued until 3/2; the public hearing for A-1 Crane was continued until 3/2.
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