Zoning Board Votes It Has No Jurisdiction to Revoke Fish House Porch Permit

A group opposed to the porch at the back of the Fish House learned last week that they would have to wait to press their case with the

The Friends of the Fish House wantthe building permit revoked for the completed second-floor porch at the historic Swampscott Yacht Club on Humphrey Street.

The Yacht Club, which uses the second floor of the has finished building the porch, which is an extension to the building. The porch is 25 feet long and eight feet wide. The oceanside, exterior wall was moved four feet back to widen the porch.

To the chagrin of many neighbors of the Fish House in the audience at the Aug. 24 meeting, the zoning board voted four to one that it did not have jurisdiction to consider the matter because the appeal was not filed with Building Inspector Alan Hezekiah within 30 days of his denial to revoke the permit.

Voting against the motion to not hear the appeal was Chairman Marc Kornitsky. Board members Harry Pass, Dan Doherty, Don Hause and Peter Spellios voted that the board does not have jurisdiction.

Kenneth Shutzer, an attorney for the Friends, strongly disagreed, saying he submitted 14 copies of the appeal to Town Clerk Susan Duplin within three days of Hezekiah's denial and was told by Duplin that she had it delivered to Linda Paster, the clerk in the building department.

Shutzer gave the board a notarized letter from Duplin confirming that the appeal was delivered on time.

Spellios said there is no evidence that the appeal was delivered to the building department on time. He asked Hezekiah, who was sitting in the audience, when he received the appeal. The building inspector said he was not sure. But pressed to say if it came into the office within 30 days, he said it was not delivered within 30 days.

“How do you know?” Spellios asked.

“Because I was watching the clock,” Hezekiah said.

Spellios said it was not the responsibility of the clerk to deliver the appeal to the building office. It was the responsibility of the applicant.

Shutzer said he would either bring Duplin in to testify before the board or bring a sworn affidavit.

There was no debate at the meeting, Aug. 24, held on the merits of the argument against the patio. Shutzer said he might appeal the board's ruling or ask Hezekiah to revoke the permit again and then appeal that decision.