Residents fight Building Inspector's decision
Date: 8/6/2012
By Chris Maza
chrism@thereminder.comEAST LONGMEADOW — Richard and Kimberly Bernier will have to wait a little longer in order to discover whether or not they will be able to keep the addition on their home.
The Berniers, who live at 15 Veranda Drive, appeared before the Zoning Board of Appeals (ZBA) with their attorney Richard Goldman to appeal a decision by Building Inspector Daniel Hellyer, who instructed the couple to remove the addition they said he originally approved because of its proximity to a paper street and conservation land.
Because of the existence of the paper street, to which another party has rights, a variance had been issued when the Bernier's home was originally built, which stated that they could not build within 18 inches of the paper street. The Berniers were not the original owners of the home
Mark Beglane of the ZBA, who was on the board when the home was originally built, explained that the variance was put into place in order to prevent the splitting of the property into two separate lots.
According to Planning Director Robyn Macdonald, when the Berniers submitted a request to install a pool this spring, it came to the town's attention that they were in violation of the variance.
"The Berniers were unaware of the variances. They submitted plans and spoke with Mr. Hellyer on multiple occasions," Goldman said. "He said a building permit was not needed and even came out to the site to approve the foundation. It wasn't until March of 2012 that Mr. Hellyer deemed the structure was in violation of the variance."
Goldman added that Hellyer, who was recently awarded a new five-year contract that includes $20,000 in raises over the first two years, has stated that he has misplaced the plans and therefore "has no material in regards to this matter."
Hellyer told the ZBA that Goldman's summary of the situation was accurate and did not deny that he had lost the plans.
"Everything the attorney said is correct," he said. "I'm not sure what happened to the permit application. It appears to have gotten lost in the system. I can't explain it."
Building plans are kept in paper form by the building inspector's office. No electronic records are kept.
Beglane said that while he agreed that Hellyer acted inappropriately, he didn't feel the board could simply overturn the decision without more information, including input from abutters.
"I don't feel comfortable overturning the decision, although I think the building inspector was incorrect in what he did," he said, adding that he wished to continue the hearing so the board would discuss amending the variance after reviewing the building plans.
Beglane added that in addition to the ZBA, the Berniers would most likely have to appear before the Conservation Commission because of the possibility of the addition being too close to wetlands. A stream runs through a portion of the property, but the Berniers said it is hundreds of feet from the structure.
"They know how far it is from the stream, but we don't know how far it is from the wetlands surrounding it," Bernier said.
The hearing will continue on Sept. 10.
