Newton’s Board of Aldermen voted Monday not to reconsider their earlier vote to deny the owner of a retaining wall on Lovett Road a special permit that would have allowed the wall to remain, Wicked Local Newton reports.
Someone smarter than me will need to explain what happens now.
As I understand it, that means the special permit is denied and the homeowner will need to make his wall conform to zoning rules.
or can he file for a different special permit?
Based on what was said in the previous threads, he can go to court and assert the process was prejudiced against him. He could show that the BoA made comments to the effect that he was a knowledgeable contractor as opposed to an oblivious homeowner, assumptions having nothing to do with a wall. He could show similar projects approved either on paper on as a finished deal. Most importantly, from the discussion I read, he can highlight the words like “making an example” and “this has got to stop”.
I also wonder what would happen if he just did nothing? Is there an enforcement process? Fines?
Emily is correct. The special permit was denied and the homeowner will have to remove the portions of the retaining wall that are in the setbacks. Notably, about 90% of the retaining walls are perfectly legal, and without a special permit, there are no enforceable conditions about landscaping or fencing to screen the view from neighbors. Indeed, the lowest wall is less than 4 feet tall, so it will remain in the setback and will be plainly visible from the street and abutting properties.
Adam, under state law, the homeowner cannot come back for a special permit seeking the same relief for two years.
Greg, if the homeowner does not correct the problem, ISD could cite him and assess a fine. The city would have to go to court–at great expense–in order to enforce an order to remove the walls.
Hoss, I cannot and would not comment on the merits of an appeal.
Ald Hess Mahan — I appreciate your ethics in not commenting. But in reality, the merits are either good or poor. In either case, because the court route costs lots of money, the BoA has in fact made the example and applied punishment.
Maybe he could alternatively ask to put up a fence at the property line and make the sides of the wall part of the fence? That would greatly control his costs.
Big sigh of relief from here. @Ted Hess-Mahan, it sounds like BoA came to a fair decision. There’s nothing wrong with having retaining walls, pretty or ugly, but they must be in compliance.
In terms of what comes next, one wrinkle that hasn’t been brought up: I believe that without the special permit, the homeowner will not be able to sell the property unless the site issues are fixed.
Of course the homeowner has no plans to sell, so that won’t be an issue. Just like he can’t even afford plantings, so he won’t have money to sue.