Westport Zoning Board Grapples with Drainage System Disputes and Property Compliance Issues
- Meeting Overview:
The Westport Zoning Board of Appeals meeting on January 21 addressed issues regarding compliance with zoning regulations and enforcement of site plan conditions, primarily focusing on drainage system maintenance and its impact on neighboring properties. The board convened to discuss two primary matters: a zoning violation appeal related to Serious Business Incorporated and compliance issues concerning AMA Engineering LLC’s property on American Legion Highway.
The most notable portion of the meeting centered around the compliance issue involving AMA Engineering LLC’s property. The discussion revolved around the enforcement of a 2012 site plan approval condition, which required the property owner to maintain stormwater and septic systems to prevent offsite impacts. Attorney Jim Marsh represented the Maderases, owners of a nearby property on Old County Road. Marsh argued that the building commissioner failed to enforce the necessary maintenance actions, leading to overflow issues affecting the Maderases’ property. Photographic and video evidence was presented to highlight the drainage system’s failure and resultant flooding.
Steve Giosa from Scitec Engineering corroborated Marsh’s claims, noting that the drainage system had functioned effectively for nearly a decade before issues arose. He explained that the system’s design included catch basins and a recharge system to manage stormwater runoff, but the lack of maintenance led to deterioration. Giosa proposed corrective actions, such as grading to prevent overflow and clearing sediment from catch basins.
A representative from AMA Engineering, Paula Wright, contended that flooding issues predated the project and that the property had existing drainage problems due to its low elevation. Wright asserted that maintenance records were available and that the system was performing its intended function. However, there was contention over whether these records had been adequately provided when requested.
The board emphasized the importance of reviewing maintenance records to ensure compliance with the planning board’s requirements. The board proposed hiring a consultant to evaluate the records and the site to determine compliance with the stipulation of “no impact offsite.” This suggestion received support, recognizing the board’s limited expertise in such technical matters.
In light of the ongoing discussions, the board agreed to continue the matter to allow sufficient time for the parties to gather and review the necessary records. March 11, 2026, was proposed as a suitable date for continuation, with the board stressing the need for detailed documentation to make informed decisions.
The earlier portion of the meeting involved an administrative appeal concerning Serious Business Incorporated, which operated in a residential agricultural district at zero Hicksbridge Road. The appeal, represented by Richard Burke, focused on the alleged violation of zoning bylaws due to commercial use not permitted in the area. The board agreed to conduct an on-site visit to better understand the property’s context, particularly as it was located across from a landfill and had undergone road improvements. The visit was scheduled for January 31, with the hearing continued to February 11 to discuss both the administrative appeal and a zoning variance request.
The meeting concluded with a recognition of the need to improve record-keeping protocols and ensure better communication between the planning board and enforcement officers.
Jim Hartnett
Zoning Board Officials:
Gerald Coutinho, Roger Menard, Constance Gee, Barbara Pontolilo, Raymond Elias, Cynthia Kozakiewicz, George Stelljes, Maria I. Branco (Zoning Board Administrator)
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Meeting Type:
Zoning Board
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Committee:
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Meeting Date:
01/21/2026
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Recording Published:
01/21/2026
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Duration:
63 Minutes
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Notability Score:
Routine
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State:
Massachusetts
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County:
Bristol County
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Towns:
Westport
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