Fish House Porch Packs Conservation Commission Meeting

The temperature rose and tempers flared at Wednesday’s crowded Conservation Commission meeting where the board received revised plans for the previously approved .

In the end, commission members scheduled a Saturday-morning site visit to the Fish House before they sign a certificate of occupancy for the newly constructed porch.

First, though, a lawyer who represents residents who oppose the porch, raised a raft of complaints about the Swampscott Yacht Club’s second-floor structure at Wednesday’s commission meeting.

Lawyer Kenneth Shutzer said porch construction differs markedly from plans filed with the Building Department.

He also said abutters were not given timely notice about the project when the Yacht Club filed its notice of intent to build it and meet with the Conservation Commission.

“The reason these people didn’t show up at your meeting is they weren’t given timely notice,” Shutzer said.

Commission members disagreed, saying notification was handled appropriately before the 2009 meeting.

Commission Chairman Nelson Kessler said that some of the same people who were complaining about not receiving notice attended the hearing.

An angry Kessler also said that Shutzer had taken the commission’s case file home from Town Hall without his permission, and that the file was incomplete the next time Kessler saw it.

The file included information related to abutter notification.

“You took my files,” Kessler said.

“You left it for me,” Shutzer answered.

Shutzer said Kessler had given him permission to take the file from Town Hall. Shutzer took offense at Kessler’s remarks.

The meeting room at Town Hall was packed and included both neighbors who oppose the porch and Yacht Club members who support the porch.

On the other matter, commission members dismissed Shutzer’s complaint about the plans differing from the constructed porch.

Commission member Dom Finelli said the project was downsized and less intrusive than the earlier design, and that Shutzer was bringing his complaint to the wrong group.

“This is a building inspector matter,” Finelli said.

The constructed porch extends four feet from the rear of the building. The approved plans called for an eight-foot extension.

Lawyer William DiMento presented the commission with revised plans on Wednesday that reflect the design changes.

Shutzer recommended that the commission start its review of the project from scratch.

Commission members said they had followed the review appropriately and suggested that if Shutzer had complaints about building issues or process issues that he take them up elsewhere.

People in the audience Wednesday said the crew building the porch had left sawdust and nails on the beach.

Commission members agreed to check for the items when they visit the site on Saturday.

The porch project has received approval from the Conservation Commission, the Historical Commission and selectmen.

The Yacht Club had the porch constructed to attract new members.

Those who oppose the porch say it should not be allowed on the 1896 Fish House, which is on the National Register of Historic Places.

Porch opponents are scheduled to take their porch challenge to the Zoning Board of Appeals on July 20.