Zoning Board of Appeals
Minutes
October 16, 2013
Landuse Meeting Room
Members present: Acting Chair Shawn Leary Considine, (SLC); Robert Fuster Sr. (RF); Robert Fuster Jr., (RFjr); Ned Douglas, (ND); Jedd Hall, JH
Absent with notification: Chair Ethan Berg, (EB); Cliff Snyder, (CS)
Staff present: Land Use Clerk Peggy Ammendola, (PA) Mary Albertson, Town Planner, (MA)
Deanna and Edward Collins, 189 West Street (Map 6, Parcel 6) Special Permit under Lenox Zoning Bylaw Section 3.1.D.4 to allow a farm stand (nonexempt) on a parcel of less than five acres.
Presenting the application was Deanna Collins who wishes to operate a farm stand to sell produce and eggs. The property has a semi-circular drive in front of the home and space for off street parking.
There was neither correspondence received nor members of the public present.
RFjr made a motion to allow the petition as presented and JH seconded the motion. The Board voted to agree 5-0.
SLC proposed two conditions which were: The parking would be limited to the driveway in the teardrop area and a temporary sign of 2’ by 3’ would be permitted. The Board was in agreement with the proposal.
7:15 p.m. Robert Brown, 83 Yokun Avenue (Map 12, Parcel 1), Modification of the July 14, 2010 - Special Permit and Variance that were granted under 7.2.2 of the Zoning Bylaw to convert the existing detached carriage house into an Accessory Dwelling Unit (ADU). The Petitioner requests approval to increase the size of the ADU from 1,200 square feet to 1,450 square feet. Section 7.2.3.4 allows a maximum ADU unit size of 800 square feet. Note: Originally scheduled for September 4, 2013, but on July 22, 2013 advised that Attorney Heller asked that this be rescheduled to September 18, 2013. Continued from September 18, 2013 as there were only 4 of the 5 member Board present. On September 27th, RFjr advised he has a conflict for October 2, 2013. On September
30th members all agreed they could meet on October 16th. Sitting are: JH, SLC, RFsr, RFjr and ND.
Presenting the application was Attorney Philip Heller and Dr. Brown.
Attorney Heller stated that the Petitioner would like to increase the existing ADU by adding another bedroom and bathroom in the loft area of the carriage house. The balance of the area would be storage. This change would not increase the footprint. Dr. Brown has used the ADU as a seasonal rental and increasing the size will make the dwelling more marketable.
Correspondences received were two letters and two emails submitted by three abutters and one member of the public. All supported Dr. Brown’s petition. Dr. Brown’s son, Chris, was in attendance, but did not speak. There were no other members of the public in attendance.
Attorney Jeff Lynch, representing Ethylwynde, LLC, presented opposition to the Petition. He argued that there wasn’t anything unique in the structure or the topography that would support adding additional square footage. He stated there is no basis for going beyond what is allowed in Section 7.2.3.4 and doing so is not within the intent of the bylaw,
JH made a motion to grant the petition as presented. SLC seconded the motion. The Board voted two in favor (JH and SLC) and three opposed. The Petition was denied.
The meeting was adjourned at 9 pm.
Respectfully submitted,
Peggy Ammendola
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