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Zoning Board of Appeals Minutes, 05/01/2013

Zoning Board of Appeals
Minutes
May 1, 2013
Landuse Meeting Room


Members present:  Chair Ethan Berg, (EB); Ned Douglas, (ND); Shawn Leary Considine, (SLC); Cliff Snyder, (CS), Robert Fuster Sr. (RF)
Staff present: Land Use Clerk Peggy Ammendola, (PA) Mary Albertson, Town Planner, MA was present for the third hearing

David P. and Tracy L. Reis, 25 Sunset Avenue (Assessors Map 43, Parcel 25). Special Permit~Sections 4.1.1 Footnote 6 to install a new shed not less than 10’ from the southerly and westerly property lines.

Presenting their application was Mr. and Mrs. Reis who wish to replace an existing shed.  The location of the new shed will be placed further from the property line of the existing shed that is being replaced.  The shed will be placed at a 45 degree angle.  

SLC made a motion to grant the petition.   RF seconded the motion and the Board voted to approve 5-0.  

EB will write the decision.

Shaun G. Sottile, 62 East New Lenox Road (Map 29, Parcel 12). Special Permit~under Zoning Bylaw Sections 3.3.3, 3.3.5 and 3.3.7 to remove the existing garage and breezeway and construct a new garage and sunroom.~

Presenting the application was Mr. Sottile who stated that width of the new garage will be no wider than the existing breezeway and garage, but the depth will be an increase of 4 feet.  The sunroom will be off of the rear of the garage and measure 10X15 feet.  

CS made a motion to approve and ND seconded the motion.  The Board voted to approve 5-0.

Sally Umlauf, DVM, 450 Pittsfield Road (Lenox Assessors Map 50, Parcel 11). Use Variance Section 9.3.2(4) and a waiver of the site plan requirements pursuant to Section 9.5.3 of the Zoning Bylaws.  

CS, EB and RF disclosed to all present they have personal associations to the applicant or her profession.  Each advised they felt they could rule fairly, but offered to recuse themselves if anyone opposed.  No one objected to their participation.  

Presenting the application was Attorney Grandchamp of Grinnell Partners, LLP and Dr. Umlauf.

Present was the Town Planner Mary Albertson, and six members of the public.

Attorney Grandchamp told the Board that Dr. Umlauf wishes to establish a full-service veterinary practice for cats, which includes overnight hospitalization for up to six cats in a building formerly used for a medical practice.  This proposed use is not allowed in the zone, but it was pointed out that twice the ZBA has previously permitted use Variances Plan for similar cat veterinary practices.  

Jim Nejaime, Douglas Shohan and Kathi Cafiero wrote letters of support.  Two others, Ms. Heilmann, a cat owner, and Bonnie Raymond, a veterinary technician spoke in support making the point that it was critical to have a clinic for cats only.  

CS made a motion to approve and RF seconded the motion.  The Board voted to approve 5-0.  

Approve Minutes-April 3, 2013 (April 17th meeting canceled) The minutes were approved 5-0.

Respectfully submitted,
Peggy Ammendola