Town of Lenox
Zoning Board of Appeals
Land Use Meeting Room
Minutes
December 3, 2008
Members present: Acting Chair Clifford Snyder, CS; Ethan Berg, EB; Ned Douglas, ND; Shawn Leary Considine, SLC
Absent with notification: Chair Pam Kueber, PK
Staff present: Peggy Ammendola, Land Use Clerk, PA
Note: There were only four members of the five member board present for both hearings. CS explained that all four members of the Board would have to vote in the affirmative in order for the petitions to be granted. Both Mr. Connell, who represented himself, and Pam Sandler who represented Fitzpatrick Holdings, chose to proceed with the four members.
Paul Connell, 118 Holmes Road (Map 33, Parcel 18), Special Permit under Section 3.3.5 to add a porch to the south side of existing house. Mr. Connell presented plans for his project which is the addition of a small landing with a roof. The addition will not be enclosed. It will increase the non-conformity of the structure.
There were no abutters present nor correspondence received.
Town Planner Mary Albertson, in her summary of the petition, stated that under the old bylaws a variance would have been required, but under the new bylaws (2008), Section 3.3.5 designates special provisions for non-conforming single and two family residential structures, therefore the Board is authorized to grant a special permit if it makes a finding that the proposed expansion would not be more detrimental to the neighborhood.
SLC made a motion to grant the applicant’s request for a Special Permit under Section 3.3.5 to add a porch to the south side of the existing house. EB seconded the motion and the Board voted to approve 4-0.
Fitzpatrick Holdings, LLC, 16 Blantyre Road (Map 4, Parcel 75), Special Permit under Zoning Bylaw Section 3.3.3 or, in the alternative, a Variance from Section 3.3.4.~ Extension of a non-conforming structure used for resort activities and known as the Potting Shed for construction of a first floor, handicapped-accessible manicure and pedicure station with a separate handicapped-accessible entrance.~ Architect Pam Sandler presented the application and the plans for a 15 x 17 foot extension off of the walkway.
There were no abutters present nor correspondence received.
Town Planner Mary Albertson, in her summary of the petition, stated she had reviewed this matter with Jeremia Pollard, Town Counsel. Mr. Pollard advised the Board to consider this application as a Special Permit request under Section 3.3.3 formally Section 5.5. The Zoning Board is within its authority to consider this matter as a special permit because the proposed addition does not create a new non-conformity.
SLC made a motion to grant the Special Permit under Section 3.3.3 to extend a non-conforming structure for construction of a first floor, handicapped-accessible manicure and pedicure station with a separate handicapped-accessible entrance as presented. ND seconded the motion and the Board voted to approve
4-0.
Respectfully submitted,
Peggy Ammendola
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