Elaine Enterprises application to build a house approved
By Sam Bari

The Elaine Enterprise application for a variance and specialuse permit to construct a house at Prospect Avenue and North Main Road was approved by a 4-1 vote at Tuesday's meeting of the Zoning Board of Review.

Although the application for the two-bedroom house was approved, it was met with opposition, and the approval was conditional. Zoning Board Vice Chairman Don Wineberg, sitting for absent Chairman Tom Ginnerty, cast the dissenting vote, saying he felt that two swales designed to catch rainwater runoff would be potential mosquito breeding grounds. This was a concern of an abutting property-owner. Wineberg also said he felt that the original plans for a three-bedroom house that had been reduced to two-bedrooms by removing a wall could be easily converted back to the original three-bedroom plan. The septic system was designed and approved to accommodate a three-bedroom house and the plans were altered to satisfy the requirements of the board.

Board member Dean Wagner said that he was not entirely pleased with the application, but voted in favor of the project because it was under appeal from a previous rejection by the board and he wanted to put the matter to rest. Town Solicitor J. William W. Harsch cautioned against that reasoning because it could set a precedent for future cases. One of the conditions for approval was that all previous appeals concerning the property be withdrawn.

In unrelated business, the board members voted 5-0 to approve an application by Peter and Joseph DiBiase for a special-use permit to construct a single-family, two-bedroom house at Beach Avenue and Ferry Street. The father and son applicants applied to merge two non-conforming lots with the assurance that if the application was approved, only one house would be constructed on the merged property. The approval was also contingent on the sale of a separate four-lot parcel to the town for $50,000. The property had already been approved by the town and the state for the construction of a three-bedroom house. A letter of understanding concerning the matter was signed by the town solicitor and attached to the application.

An application for a variance and special-use permit by Daniel E. Lilly Jr. and Jean T. Lilly as trustees of the Daniel E. Lilly Jr. and Jean T. Lilly joint living trust,

whose property is located at 132 Beach Ave., was also approved with a 5-0 vote by the board.

The request entailed razing an existing house and replacing the structure with a new one that is slightly larger than the original, which is on a rapidly deteriorating foundation. The application also included replacing an existing septic system with a new advanced treatment septic system, which would be 130 feet from a wetland, where 150 feet is required. The property is in an R-40 zone and contains 21,600 square feet.

The application of Lynne and Armand Musumeci, whose property is located at 260 Capstan St., for a variance to construct additions to an existing dwelling was granted a continuance to the board's Dec 19 meeting.