Published in the September 26, 2018 edition

By JILLIAN STRING

LYNNFIELD — Tensions ran high during the Zoning Board of Appeals’ recent discussion of 74 Crescent Ave.

Norman and Erin Winsor of 74 Crescent Ave. brought case 18-12 to the ZBA. The Winsors appealed Building Inspector Jack Roberto’s decision to deny an occupancy permit for the property.

Although no application for an occupancy permit has been filed, Roberto sent a preemptive letter on April 25, 2018 stating he would not be able to grant a permit if the Winsors applied for one due to discrepancies on the site plan.

Both attorney Brian McGrail, who represents the Winsors, and Town Counsel Tom Mullen agreed that the letter served as an official decision that could be appealed by the ZBA.

According to McGrail, the discrepancies noted by Roberto concerned errors recorded on an as-built plan created by Ralph Reid of Reid Land Surveyors of Lynn.

The Winsors have filed a new case with the ZBA, case 18-20, requesting a new special permit for construction with an updated as-built plan.

“The bottom line is the Winsors want to get in their home,” McGrail said. “There’s a lot of neighbors here that support them. They’ve been in the neighborhood for 25 years.”

When abutters to the Winsor property spoke out in opposition to the way the 74 Crescent Ave. home was constructed, residents who attended the meeting in support of the Winsor family interrupted with loud retorts despite repeated warnings from ZBA Chairman Brian Shaffer.

Barbara Dunn, 78 Crescent Ave., said she questioned the accuracy of the site plans in February 2018 when the foundation was poured.

“(Roberto) told me he had talked to Mr. Winsor and advised him to submit an as-built foundation,” Dunn said. “(Roberto) told (Winsor) that ‘if he moved forward without checking with a surveyor it would be at his own peril.’”

According to Dunn, she collected the building plans and applications from the town, and noticed square footage discrepancies between the lot deed, which measures the lot at 4,421 square feet and Reid’s as-built plan, which claims the lot is 5,750 square feet.

“(Reid) said to me, ‘I just did what they told me to do,’” Dunn said. “From February to now, I’ve been trying to get the project stopped anonymously, meaning stopped to get a second look on it.”

Dunn said this is a tough situation for all families. She said she was led to believe the Winsors were building a small retirement home, but stated they have now built a larger four-bedroom home.

Additionally, Dunn said the Winsors disregarded the rules and regulations for construction. In addition to the site plan discrepancies, Dunn alleged they dumped dirt at the edge of Pillings Pond when a five-foot setback is required, and also pumped water from Pillings Pond to water their newly seeded lawn.

“Mr. Winsor (showed) me the third bedroom upstairs is going to be divided in the middle with a closet that already has the cans in the ceiling that’s all wired in,” Dunn said. “I have plans that show no third bedroom. He said ‘after I get in with the permit, all I have to do is just put the wall up and I have my fourth bedroom.’ I know this is emotional for everybody, but I’m hoping to educate people on the facts.”

Megan Relihan of 82 Crescent Ave. also spoke out against the construction of the Winsors’ home.

“No one ever came to me and said we’re building this oversized house,” Relihan said. “You said you were downsizing.”

Erin Winsor stated that they love their neighborhood and there has never been this kind of discord among the neighbors.

“We were blindsided by (Dunn), which makes it more hurtful,” Erin Winsor said. “She is so deceitful through this, and she’s calling us deceitful when we have gone through all the proper steps. We just want to go home.”

Shaffer asked the Winsors to speak to the claim that they have more than two bedrooms in the house.

“There’s always been two bedrooms on the drawings, and there’s two bedrooms in the house, a bedroom upstairs and a bedroom downstairs,” Norman Winsor stated.

Norman Winsor denied that he showed Dunn the inside of the home or claimed to be building more bedrooms after the home was completed.

Erin Winsor noted that when Dunn built her house, nobody complained about anything.

“It’s become their passion to keep us out of our house,” Erin Winsor said.

Michelle Dalelio, 70 Pleasant Ave., and James Mamos, 92 Crescent Ave., spoke out in support of the Winsor family, stating that they weren’t bothering anybody.

ZBA members considered all sides of the 74 Crescent Ave. case.

“I’d like to see if we can get to some place that protects the status quo for the time being that’s not prejudicing (Dunn’s) rights,” ZBA member Anthony Moccia said. “I understand there’s an encroachment, part of this house is not even on (the Winsor’s) property, but I’m also sympathetic to the fact that (the Winsors) have no place to live.”

The ZBA approved a motion allowing Roberto to grant a temporary occupancy permit if the property passes all other required inspections.

The board continued case 18-20 until Nov. 13.