Ocean Views Win Out In Neighborhood Dispute Over Home Remodel

The Zoning Board of Appeals this week sent a controversial proposed second story on a house in the Marblehead Shoreline District literally back to the drawing board.

Steven Baratz and Leslie Sack had proposed to add a second story to their home overlooking the ocean at 26 Coolidge Road in the tightly regulated shoreline district. The proposed addition exceeded the regulations for the changes to houses in the shoreline district and would have required a special permit from the town.

Two neighbors strongly complained to the Planning Board last week and then to the Zoning Board that the 1,439-square-foot proposed addition to the house would block part of their view of the ocean.

"The reason we bought this house and paid what we did was for those water views," said Jeff Shoreman, who owns a three-story house at 34 Ticehurst Lane. The Shoremans bought their house, which features decks overlooking the ocean, in 2008.

Neighbor Sidney Herman, who lives at 36 Ticehurst Lane, complained through his attorney, Paul Lynch, that the proposed new master suite and office on the house "was a great deal of mass" and would have "a very negative impact on their views of the water." The Hermans have lived in their house since 1968.

"There has been no attempt to mitigate the height or the massing of the house," Lynch said.

In the shoreline district, the height restriction is 30 feet. Anything taller must be approved with a special permit. The regulations within the Shoreline District are very strict for almost any changes to existing houses. The reason for creating the district was to "protect those views," Lynch told the board.

After Board Chairman William Moriarty and board member Alan Lipkind said they would oppose the application for the second story, Moriarty offered Baratz and his attorney, William Quigley, the opportunity to withdraw the application. There were only four members of the board present Tuesday. To be approved, the board would have had to vote unanimously to grant the special permit.

"You need to retreat to the drawing board" on the design of the proposed addition and "consult with your neighbors" about how to enlarge the house without harming their ocean views, Moriarty said.

The proposal, which was supported by four other neighbors, would have increased the 1,695-square-foot house by 65 percent. The regulations for the district limit additions to 10 percent without a special permit. Baratz and Sack, who bought the house in 2004, may submit a new proposed addition to the house.  

Meanwhile, the board approved a smaller second floor addition to another house in the district. Stefan and Catherine Ianchulev proposed to add a second story at 304 Ocean Avenue. There was no opposition to the proposal. And the Ianchulevs said the addition would not block any ocean views for their neighbors.