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Town, family come to agreement, Brandon’s tree house will be built

Date: 9/17/2015

WEST SPRINGFIELD – Brandon Nestor will be getting his tree house after all.

Rather than take the issue to court, the town and the family of the 16-year-old were able to negotiate terms to allow the construction of the tree house. The agreement was filed and signed by both sides on Sept. 10.

The family of Nestor, who is confined to a wheelchair, went to the Zoning Board with their proposal in July, but the design for the tree house exceeded the roofline of the house. The family asked for variance, according to Attorney Joseph Conway, which was denied by the Zoning Board of Appeals.

Town Attorney Will Reichelt said the requirements for variance are soil, the shape of the property and topography. The Zoning Board of Appeals did not consider the Americans with Disabilities Act (ADA) in the initial talks, he said.

The agreement reached allows for the tree house to be built three feet above the roofline, and Conway said the design the Nestor family proposed will essentially stay the same, aside from height.

Conway said the experience has been “life changing” to be a part of.

“It’s a wonderful experience to see the courts actually work for someone where you can go there and ask for help under the law. It’s a compassionate law. That’s the wonder of it, an actual federal law that shows compassion,” Conway said. “It’s a very emotional thing. He was devastated when they said he couldn’t have it, and now he’s elated that he’s going to have a tree house.”

A social media campaign took off in favor of building the tree house, but Reichelt said it was always a matter of working with the family to come to a solution.

“The big issue was balancing the rights of the family and Brandon and balancing the equities towards the town, protecting the residents in the area and also preserving the code,” Reichelt said. “I’m thrilled. It’s always great when something that goes to litigation, you can avoid a trial, which is going to take years and thousands of dollars for both sides … It’s better when you come to a resolution, and again, a resolution that helps out Brandon and his family but also takes in the concerns that the town had from the beginning.”

Conway said the family can start construction on the tree house.