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Garage Dispute Closed for Debate
By Administrator   
Tuesday, January 13, 2004 05:00 PM
Neighbors of a proposed garage expansion on Pine Point Place got their last chance to voice opposition to the project before the Zoning Board of Appeals at a public hearing Thursday. Neighbors of a proposed garage expansion on Pine Point Place got their last chance to voice opposition to the project before the Zoning Board of Appeals at a public hearing Thursday.

A dozen citizens occupied the seats of the Mural Room, anxiously waiting to hear an update on the project from feedback they gave during previous hearings in July and September.  The neighbors’ main opposition at both meetings was how the project, proposed by resident Stan Merry, would obstruct the view from their properties.

Paul Brogna, principle for Seacoast Engineering Company of Duxbury, represented Merry at Thursday’s meeting and reiterated his previous statements that the project, which includes adding a deck to the garage, would have a minor effect for homes around the property that currently have panoramic views, unlike his client.

“I think upon inspection of the siteÖyou’ll see the change in scenery is minor at best,” said Brogna, to groans of disagreement from many in the audience.

After ZBA members asked Brogna if he and his client thought of alternative ways to angle the expansion to satisfy neighbors’ concerns, Brogna indicated that with or without the addition, an elm tree on an adjacent property would still be more of a hindrance to neighbors, a statement that again elicited groans from the crowd.

Chair Pro Tem Sally Wilson asked Brogna if his client planned to heat the extension, which was deemed a three-season room in plans.  Merry indicated that he did not plan to heat the room, but many of the neighbors voiced concern that the expansion will be used as a place for Merry’s relatives to stay and not just a garage.

In an impassioned plea to ZBA members, abutter John Bernazani said that Brogna was belittling the project as having a minor impact on neighbors and said many neighbors not present at the meeting would lose from one neighbor’s gain.

Bernazani also read from a letter he prepared in which he said that if Merry came in initially and asked to build a domicile for relatives when they visit, he would have been denied outright.

“Attaching a layer of silver to one side of a pane of glass changes our perception from a pane of glass with a silver side to a mirror,” he said. “Attaching a porch to a structure, never mind a three season porch, raises a question of intent of use and what would you think to rename this structure?”

Two other neighbors also spoke out against the project including Bernazani’s son, Tom, who pointed out that the garage includes water, gas and electric hookups and asked what would prevent Merry from making this into a house.

Wilson pointed out that it was a matter of enforcement and that if neighbors felt the structure was being used for a purpose other than a garage, they could bring the matter to the attention of Building Inspector Richard MacDonald.

The older Bernazani then pointed out that he and other neighbors should not have to police their neighbor’s use of the property, pleading with the board to deny the expansion project and avoid the situation altogether.

“This project simply cannot be,” said Bernazani.  “I’m begging you, Mrs. Wilson, do not pass this application.”

Wilson ensured Bernazani and everyone in the Mural Room that the board would take their concerns into consideration and determine the matter among themselves during their February 2 administrative meeting.  Wilson did advise, however, that this meeting was for the ZBA to discuss the project and while members of the public were welcome to attend, they could not offer further testimony.

With that, the ZBA voted unanimously to close the public hearing and make a determination next month.

Wilson, Mary Jo Pierce, Y. Oktay, Tom McClure and Mark Moriarty heard the case.