By Stephen Tait
Staff Writer
April 21, 2008 06:00 am NEWBURYPORT — The saga of the clam shack continues — and the acrimony between those for and against making it a single-family home seems to be growing. Mark Roland, the owner of Newburyport's last remaining clam shack at 269 Water St., is continuing his fight to make the structure a single-family home by appealing the Zoning Board of Appeals' rejection of his request to the state's Land Court. At the same time, Ed Ramsdell, chairman of the ZBA, says the board will "reset" two hearings for other requests Roland made to the board due to the public notice and filing discrepancies raised by Roland and his attorney Robert Brennan. Ramsdell said Roland had filed three requests — a special permit, appeal of a building inspector decision and a variance — all of which would result in the same outcome: allowing the structure to be considered a single-family home. Those hearings start at 7:30 p.m. tomorrow in the council chambers of City Hall. The ZBA "is really hitting the reset button to make the sure the i's are dotted and t's are crossed," Ramsdell said. "It is us doing it to make sure it is being handled properly." But those on both sides of the issue are gearing up for a fight at the meeting Roland and Brennan say they plan to bring those in the neighborhood who support the owner to balance out a "vocal minority" of dissenters. Brennan also said they plan on "correcting misinformation" by opponents of the proposal at tomorrow's meeting, saying the proceedings so far have been "rife with misinformation." "This is Newburyport's iconic waterfront structure," Brennan said. "This is Newburyport's Motif No. 2. This is the last of the clam shacks and part of Newburyport's history." As part of getting approval from the ZBA, Roland and Brennan say they will put a "Preservation Restriction Agreement" on the property, which among many other things, guarantees the structure will remain the same forever. Roland and Brennan will present letters from the Historical Commission's chairwoman, Linda Smiley, and a letter from Nancy Colbert, the city's planning director in support of preserving the shack. They said they will also other evidence that will help convince the board to vote in favor of the proposals. "It is time to correct it," Roland said. "There are not facts there (with the opponents' arguments). There is bullying and that is just not right." City Councilor Larry McCavitt, one of several neighbors fighting the proposal, sees the new meeting as a ploy by city officials to grant Roland approval — something he said is not deserved. "I think it should be called off," the Ward 1 councilor said. "He's been denied." The city councilor is also coming with new ammunition. McCavitt said he, as the president of the Citizen's Chapter 91 Committee, filed a 21-page report about the history of the shack, why it should not be a single-family home and why Roland does not have ownership of the land. The report also includes another potential hang-up for Roland: regulations from state Department of Natural Resources that could control what can and cannot be included on the land where Roland's shack is located. McCavitt said he provided a report to each of the ZBA members. Roland owns the 948-square-foot shack at 269 Water St. on the Merrimack River and has sought since last July to add a shower and kitchen to the home to make it liveable, and a variance to make the structure a single-family home. The shack was built in 1920 and was one of about a dozen of clam shacks that once lined the street. Local clam diggers used the structures for shucking clams. Roland's plan has come under fire from some of his neighbors, chiefly from McCavitt and Harvey Beit. Roland and Brennan say those against the proposal are in the minority and most of his Joppa?? neighbors support Roland. McCavitt, Beit and others say they fear granting the variance could set a dangerous precedent and would also give away city land. The ownership question remains unanswered. McCavitt has presented evidence that the land is actually city owned, which Roland said is not true. Those against the plan say there are safety issues with parking at the site and that it is possible that in the future someone could decide to build a larger house on the site, up to 35 feet tall. 'Secret Meeting' McCavitt says the new hearings are the result of a "secret" meeting in which Mayor John Moak and a city solicitor met with Roland and his attorney. He said the meeting was designed to find a way to get the matter back before the board. McCavitt said that the meeting was at the least inappropriate, and could also be illegal under the state's conflict of interest law. "There is something stinky about this and it is not right," McCavitt said. "And that is what gets my Irish blood boiling." The city councilor says for a city solicitor to "intervene" in such a matter is "highly extraordinary." He said it is not a right applied to other applicants — or even himself in this case. He said, for example, why he does not have the right to also solicit the city's attorney for an opinion. But Moak — who has previously butted heads with McCavitt on other issues and questioned his tactics — said the councilor's claim "is again one of Mr. McCavitt's interpretation of the laws." Moak said a taxpayer came to him who didn't believe he received a fair shake at the hearing because of filing errors. The mayor said since he is not an attorney and stays neutral in such cases, he called in the city solicitor to help make a determination, which was to have new hearings. "It is extremely appropriate," the mayor said. "It would be extremely inappropriate not to listen to that. If somebody feels aggrieved, it is my responsibility to listen to that. "That comment about unethical, ... it is Mr. McCavitt's style of trying to put a point across without all issues being reviewed," Moak said. "My job was to make sure that if (Roland) had a problem with the procedure, that the procedure was followed." Brennan, Roland's attorney, agreed. "There is absolutely nothing inappropriate from a legal, ethical, or other standpoint," Brennan said. Roland added that it is another example of McCavitt's "twist of words."
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