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ZBA approves tear-down and rebuild at Waquoit Landing with conditions

3751447 ยท January 31, 2025
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Summary

The Zoning Board approved a permit allowing Scott and Agnieszka Dresser to raise and rebuild a preexisting nonconforming dwelling and garage at 44 Wequoit Landing Road, subject to Board of Health and site conditions.

The Zoning Board of Appeals approved a special permit allowing owners Scott and Agnieszka Dresser to raise and reconstruct an existing nonconforming single-family dwelling and detached garage at 44 Wequoit Landing Road in Waquoit.

Attorney Brian Wall, representing the applicants, said the house โ€” built in 1934 and currently nonconforming for lot size and a waterfront setback โ€” requires demolition and replacement after contractors identified foundation damage. Wall said the new design keeps the same overall footprint with three targeted alterations: a pile-supported foundation under the flood-prone portion, an enclosed porch change that swaps enclosed area for porch area, and minor regrading that eliminates two front steps shown on earlier plans.

The board reviewed planning, conservation and Board of Health referrals. The Board of Health noted the property will remain a five-bedroom house and that future regulations could require a denitrification system; the project has a Title 5 septic designed for five bedrooms. The Conservation Commission issued an Order of Conditions on Sept. 25, 2024. The water department requested separate services and an indoor meter for each structure; the applicant agreed.

By granting the special permit under the bylaw provision for changes to a preexisting nonconforming structure, the board found the replacement would not be substantially more detrimental to the neighborhood than the current house. Conditions included compliance with the plans submitted, standard work-hour limits, keeping the area over the garage as storage rather than a bedroom, and that final setbacks and foundation details be certified during the building-permit review.

The motion to approve passed by voice vote without recorded opposition.