Although some members were concerned about setting a bad precedent, the Zoning Board of Appeals did vote 4-1 to allow Richard Morgado and Mary Lank to keep the roof on their house.

The couple recently realized that the second floor addition to their 20 Harbor Road HB home was erroneously constructed two and a half feet above the town’s legal limit. On Feb. 18 they came before the Zoning Board seeking a variance in lieu of tearing the roof off the house and putting on a new one.

Morgado said his builder used the wrong plans.

“It wasn’t discovered until we were planning to get the ‘height as built,’” he said. “It was an honest mistake.”

The homeowner estimated that the cost to remove the roof and rebuild it would be between $17,000 and $20,000.

Zoning Board member Mary Ann Brogan asked who was at fault for the mistake.

“I took out the permit. I didn’t follow up with [the builder.] I guess it’s a joint mistake,” said Morgado.

He also said to put the whole cost on the builder would be too much of a burden.

“I’m just bothered with the precedent we’re setting here,” said Chair Susan Akin. “Yours may be an honest mistake, but what if the next person comes along and says I didn’t know it either.”

Several neighbors of Morgado and Lank spoke up on their behalf.

“I wouldn’t know if it was two feet shorter than thirty-five or two feet taller than thirty-five,” Denise Carrara of 21 Harbor Road HB said. “And for anybody to take the hit of $20,000, I think it’s kind of crazy.”

Building Inspector Andy Bobola said he was convinced it was a mistake and that approving the variance would not set a precedent for other offenders.

He also said this was only the second time in 31 years that a building had been constructed too high.

When it came to a vote, Brogan alone opposed the variance.

“I just think it was sloppy. I think the builder should have done his job,” she said.

She also said since Morgado pulled the permit himself, he was taking a chance that any mistakes would be his responsibility.

Akin, however, said she was against the variance until hearing from neighbors.