Rowley ZBA Continues Ellsworth Road Appeals, Orders Fire Department Review

ROWLEY — December 21, 2018 — Rowley's Zoning Board of Appeals continued two building-permit appeals for lots on the contested Meeting House Lane corridor, seeking a fire department site assessment before deciding whether to overturn the building inspector. Attorney Jay Tallerman of Mead, Tallerman and Costa argued on behalf of RDL Properties and principal Roger LeBlanc that Lot 33, accessible from Wilson Pond, was never evaluated by the Land Court on its own access merits, a factual distinction he said gives the board independent grounds to act. Town Counsel Tom Mullen, attending at the Board of Selectmen's direction, confirmed the road is not a public way and that no subdivision approval exists, but advised the board to hear the applicant's case on whether the road had adequate grades and construction as of 1952. Neighbors testified the road is too narrow for two cars to pass and that the town previously estimated $850,000 in improvements would be required before any development could proceed. Both appeals were continued to January 16, 2019. The board also approved a reduced footprint for American Barbecue and gave the Marion Way affordable housing applicant a 60-day deadline — until February 22, 2019 — to submit a complete revised application for a 12-unit, three-affordable-unit single-family development or face denial.