Questions and frustrations of zoning bylaws brought forth by citizens
Three Onset residents complained to Selectmen Tuesday night that the Zoning Board of Appeals violated its own procedures and the intent of the town’s zoning bylaws in allowing construction of a large house on a lot where a small house had previously stood.
The residents, Michael, Linda and Charlie Dussault, said they have filed suit against the town but wanted to make the board members aware of what was going on.
“I’m not sure if you’re aware of it or not, but it’s happening – zoning board infractions are happening,” said Michael, who is Linda's and Charlie’s son. “If it’s going to continue to happen, then get rid of the laws on the books and the town bylaws so that anyone can do just what they want.”
The Selectmen listened to their case and told the Dussaults that they weren’t aware of the lawsuit.
“We’re a political board. We don’t interfere – seldom interfere – with how our land-use boards operate,” said Selectman Peter Teitelbaum.
Regarding lawsuits, the Selectmen become involved when they are required to manage, prosecute, initiate, and defend them, he said. In those cases, the board does not speak about the cases publicly.
“It’s not a matter of hiding stuff, its what the state law requires us to do,” said Teitelbaum.
The Dussaults’ complaint centers around a cottage they bought on Hammond Street in Onset in 2010.
The two-story home built next door, they said, dwarfed other cottages on the road. The family says that a variance — that is, a Zoning Board-approved deviation from zoning laws — should not have been granted for its construction.
Expressing his frustration, Michael explained the trouble his family went through regarding the situation. This included receiving minutes of a public meeting three months after requested, and only because the family got the Massachusetts Secretary of the Commonwealth and the Attorney General involved.
According to the family, the minutes indicate the developers mislead the Zoning Board about the size and scope of the project.
Michael also said the family never received notification about a public hearing regarding the project, but other neighbors did. He said he was told by a town employee that a mistake was made, but that the town denied any wrongdoing.
“Every attempt to do things right by the town has fallen on deaf ears it seems,” said Charlie.
The Dussaults' case will be presented at the Zoning Board of Appeals meeting tonight at 6:30 p.m.
“What we’re trying to do is prevent anyone in the future from having to deal with these zoning issues,” said Charlie.
The family members said they are aware of other zoning violations.
“There’s also other cases that have come to light,” said Linda. “It’s not just us.”