Zoning Board of Appeals
Minutes
August 6, 2014
Landuse Meeting Room
Members present: Chair Ethan Berg, EB; Shawn Leary Considine, SLC; Cliff Snyder, (CS); Robert Fuster Sr., (RF); Robert Fuster Jr. (RFjr)
Absent with notification: Ned Douglas, (ND)
Staff present: Land Use Clerk Peggy Ammendola, (PA)
David and Cathie Yakum, 14 Elm Street, (Map 34, Parcel 66), Variance from Section 4.1.1 of the Zoning Bylaw pursuant to Section 3.3.4, to allow construction of a new 10’x22’ family room addition to the easterly side of the pre-existing, non-conforming house.
Presenting the application was James Scheurer, contractor with JBS Opus Home Improvement. Mr. Scheurer provided a plot plan, proposed plan with elevations, floor plan and photographs of the exterior of the existing dwelling which is in poor condition. The proposal is to build a first floor family room and extend the full dormer above by ten feet to the east side. The existing square footage is 1630 and the proposed addition is approximately 400 square feet. Mr. Scheurer said that the placement of the family room addition to the rear of the house, which has no setback issues, would separate it radically from the rest of the dwelling. The chimney will be removed and rebuilt. Mr. Scheurer corrected the encroachment from the original application from 20 feet to 9.6 feet.
The adjacent neighbors have been consulted and are in support of the project. No correspondence has been received and there were no members of the public present.
The Board noted that additions to the homes in the neighborhood are common, the lots are small, and there are encroachments within the neighborhood. Additionally, because of the topography of the land, size of the lot, need for improvement and the age of the home, the location of the addition is most appropriate.
RFjr made a motion to grant the variance as requested and RF seconded the motion. The Board voted to agree 5-0.
Informal Discussions:
Tim Geller (Sawmill Affordable Housing project-property located at the corner of the Bypass and Housatonic St.) who would like to talk to the ZBA informally about what the permitting process is like for a 40B project ("Comprehensive Permit") could be placed on the July 16th agenda.
Due to a misunderstanding, Mr. Geller was not notified. Kate McNulty Vaughan briefly explained why Mr. Geller wanted to come to speak and answered questions presented by the Board regarding a Comprehensive Permit.
Café Lucia, 80 Church St., Map 43 Parcel 114
Present was Jim Lucy, owner of Café Lucia. Later he was joined by his wife. Mr. Lucy explained that in 1995 a Special Permit was granted for outdoor dining for 155 seats on the lawn. They have a total of ten tables, six on the lawn and four in the garden which is on the east side providing seating that could be from 20 to a maximum of 60 seats. They decided to have an outdoor bar, and proceeded to have an architect draw up the plans. The plans were presented to the Building Commissioner, Bill Thornton. Mr. Thornton interpreted the language in the Special Permit as specifying the “south and east of the lawn”, but noted that the drawings presented by Mr. Lucy indicate that part of the proposal is on the west. Mr. Lucie agreed that
some three seats are on the southwest. He provided pictures to illustrate the location of the building, table location, lawn and proposed location of the bar with the vast majority being on the south. Mr. Lucie stated that the Decision said the activity would be on the “lawn”, not “portion of lawn”.
Don Fitzgerald, Building Inspector, was present and he explained that the Building Commissioner, Bill Thornton, in reviewing the Special Permit, questioned whether the bar could be placed on the western side of the south side. Mr. Fitzgerald said the lawn swings around the east of the building, and the entire southern portion of the lawn is south.
Discussion ensued and the Board agreed that the Decision permitted Mr. Lucie’s proposed seating. Mr. Fitzgerald was comfortable with the Board’s opinion.
Lenox Woods-55 Pittsfield Rd. Map 17 Parcel 40
Present was Matt Ward of LD Associates and Josh Needleman, owner of Chocolate Springs. Mr. Ward explained that he had consulted with Building Commissioner Bill Thornton about putting in a foundation-less shed behind Chocolate Springs for the express purpose of storage of cardboard boxes needed for his product. Mr. Thornton did not think this would be allowed. Mr. Ward said that Mr. Needleman has been in business at this location for 12 years, and LD Associates has provided storage area for Chocolate Springs in vacant buildings on the property, however buildings are no longer vacant and storage is necessary. The proposed structure would be 12x24 feet and would be placed on a gravel bed.
After some discussion, the Board agreed that this proposal is de minimis. It was also noted that this is a PUCD.
Minutes-
June 4, 2014-RF made a motion to approve the minutes and RFjr seconded the motion. The Board voted to approve 4-0-1. CS abstained as he was not present for that meeting.
July 2, 2014-RF made a motion to approve the minutes and RFjr seconded the motion. The Board voted to approve 5-0.
Respectfully submitted,
Peggy Ammendola
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