By Beth David, Editor
Appearing in front of the Fairhaven Zoning Board of Appeals for the fourth time, Judith Tubbs got a “no” vote at the 1/2 meeting for her proposed use of her property at 294 Huttleston Avenue (Route 6).
Ms. Tubbs was hoping to construct a two-building, eight-unit residential complex at the site. The property is the former site of Dan Good Auto Sales, which burned down in 2006.
The variances orignally required for the project include short 70 feet of the 200 feet required frontage, short 72,233 sf of the required 100,000 sf, short 5’ of required 50-foot setback, short 42,233 sf of required 70,000 sf of contiguous upland, and 19% over maximum lot coverage.
The project was scaled down somewhat after objections from residents and skepticism from board members became obvious at previous meetings.
Ms. Tubbs told the board that there would be 18 parking spots, 12 in the lots and six under the buildings.
She also said the setbacks were lessened by the changes.
But it was still not enough for the board.
Even with an absent Joseph Borelli, the board member most outspoken against the project, the board voted unanimously against the project.
The property had been rezoned by Town Meeting from commercial to allow for the apartments.
Ms. Tubbs voiced dismay at the “no” vote, asking why the town allowed the zoning change if it would not allow the new use.
Building Inspector and enforcement officer Wayne Fostin said that the ZBA did not reject the use of the property, they rejected the variances for the short setbacks.
Ms. Tubbs can resubmit her proposal in two years, or can resubmit a different proposal that has significant changes from the rejected one.
The ZBA approved three other petitions on 1/2.
The Fairhaven police department received a variance for a request to place a 50-foot pole at Hoppy’s Landing to improve communications. The maximum is 40 feet, requiring the variance.
Sgt. Kevin Kobza told the board that radio communications can be spotty on Sconticut Neck, and especially at town beach. He said lifeguards have expressed concern because of the spotty reception.
The board also approved a special permit requested by Mario and Gino Cabral, 375 Alden Road, to run a Beauty Parlor as a home occupation. Neither petitioner was present, but the board approved the request without discussion.
Also not present was Stephen Peitruska, 12 Goulart Memorial Drive, seeking a variance for a 236 square feet over the 700-square-foot maximum for an accessory structure. The garage will be placed near Goulart Memorial Drive on the west side of the property.
Abutter Fernando Lemos, who lives across the street, told the board he did not oppose the garage, but was concerned that the trees that act as a buffer would be cut down. He said he did not want to have to look at a huge garage.
The board approved the variance with the stipulation that a row of trees remain between the garage and the street. •••
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