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ZBA Approves Minor Modification at 17 Cutting Drive after Contractors Discover Deficient Framing
Summary
The Newburyport Zoning Board of Appeals approved a minor modification for 17 Cutting Drive on Jan. 27, allowing a roughly 11½-inch increase in mean roof height after the contractor found substandard framing during construction. The board found the change would not introduce new nonconformities.
Attorney Adam Costa, representing the property owner, told the Newburyport Zoning Board of Appeals on Jan. 27 that construction-stage discoveries at 17 Cutting Drive require replacement of substandard framing and a limited increase in the house's height. "The existing framing consists of lumber that is not compliant with current Massachusetts state building code standards and needs to be replaced," Costa said, explaining that the necessary replacement and a new truss increase the mean ridge height by about 11½ inches to a mean of 18 feet 11½ inches and an overall peak of 25 feet 8 inches.
Costa reminded the board that it had unanimously granted a special permit for nonconformities for the renovation on Nov. 25 and said the proposed modification would not change the approved uses, site layout, or overall design. "In terms of general aesthetics and design, nothing will change from what this board approved back in November," he said, urging the board to treat the change as a minor modification rather than a major revision.
Members asked about omitted details on the revised elevation slides and confirmed that previously approved architectural elements — including dormers and detailing — remain part of the final build. Chair Rob Champedy said he would clarify in the board's written decision which approved drawings remain controlling to avoid confusion with the building inspector.
The board moved and voted on the modification in the business portion of the meeting. Mr. Gregory Bennett made the motion to approve; Mr. Ken Swampton seconded. Four members who were eligible to vote supported the motion (recorded votes: Mr. Agaman yes; Mr. Bennett yes; Mr. D yes; Mr. Swanton yes). Chair Champedy did not vote on the matter because he had not been on the original application. The motion carried and the minor modification was approved.
The board's action allows the contractor to proceed with framing replacement and the slightly increased roof dimensions; the applicant said no other site features (pool house, driveway, footprint) will change.
