Manchester-By-The-Sea Select Board Deliberates on Zoning Appeal and Special Permits
- Meeting Overview:
During the recent meeting of the Manchester-By-The-Sea Select Board, the central focus was on an appeal concerning zoning enforcement related to a property at Blossom Lane, alongside discussions on special permits for residential developments. The meeting featured in-depth debates over zoning interpretations, particularly in relation to accessory structures and their uses, as well as procedural considerations surrounding existing permits.
The primary focus of the meeting was a continued public hearing regarding an appeal from the Burns, residents at Blossom Lane, disputing the compliance of structures on a neighboring property owned by the Smiths. This appeal centered on several contested issues following a special permit granted in 2019, including the use of a pool house, parking arrangements, outdoor lighting, and the construction of a second-floor deck. The Burns’ appeal was predicated on the claim that these elements exceeded the permissions granted in the original permit and caused disturbances to the neighborhood.
Benjamin Thyman, representing the Burns, elaborated on the historical context of the special permit, emphasizing the specific conditions under which non-conforming structures were allowed to be extended. Thyman noted that the matter had been previously litigated at the Massachusetts Land Court, resulting in certain issues being remanded to the Zoning Board of Appeals (ZBA). He highlighted the need for further examination of the pool house’s size and use, the legality of parking spaces, and the impact of outdoor lighting. The discussion also touched on the second-floor deck, with concerns about privacy and unauthorized construction.
In contrast, Rodney Smith, representing the property owners, argued that the pool house had been rebuilt to conform with the approved plans and that the parking spaces were legally designated on private property. He maintained that the outdoor lighting was typical for residential areas and that the deck construction adhered to the plans approved by the building inspector. The board members engaged in discussions to clarify the procedural aspects and determine whether the ZBA had jurisdiction over the issues raised.
The board deliberated on the interpretation of zoning laws, particularly regarding the permissible use of accessory structures and the enforcement of conditions stipulated in special permits. Evidence, including photographs and videos, was presented to support the Burns’ claims of disturbances, adding to the intensity of the discussions.
Beyond the zoning appeal, the Select Board also addressed a special permit application for a property on Pleasant Street. The proposal involved adding one and a half stories to an existing non-conforming structure to expand living space. The board scrutinized the proposal’s compliance with zoning bylaws, particularly with respect to setbacks and building height regulations. The applicant agreed to modify the attic wall height to meet local definitions of a half-story. The board expressed satisfaction with the project, recognizing its conformity with the necessary requirements and its minimal impact on the streetscape.
The meeting also featured a deliberation on proposed changes to a special permit for a property on Coolage Point. The homeowner, who was abroad, sought to adjust the property’s height and improve side setbacks. The board determined that these modifications qualified as “diminimous” changes, allowing the project to proceed without additional permitting requirements.
Gregory Federspiel
City Council Officials:
Ann Harrison, John Round, Becky Jaques, Catherine Bilotta, Brian Sollosy, Debbie Powers (Executive Assistant to the Town Administrator and Select Board)
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Meeting Type:
City Council
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Committee:
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Meeting Date:
02/25/2026
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Recording Published:
02/27/2026
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Duration:
102 Minutes
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Notability Score:
Routine
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State:
Massachusetts
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County:
Essex County
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Towns:
Manchester-By-The-Sea
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