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Zoning Board of Appeals Minutes, 07/15/2015


Zoning Board of Appeals
Minutes
July 15, 2015
Landuse Meeting Room

Members present: Chair Ethan Berg, (EB); Clifford Snyder, (CS), Shawn Leary Considine, (SLC), Robert Fuster (RF)
Absent with notification: Ned Douglas, (ND):  
Staff present: Land Use Clerk Peggy Ammendola, (PA)

Mary Elizabeth Tracy Gamble and Bruce B. Gamble, 47 Tucker Street (Map 44, Parcel 20), special permit under Section 4.1.1 (Footnote 6) “Table of Dimensional Requirements” and 3.3.5 “Nonconforming Single and Two Family Residential Structures” in the Lenox Zoning Bylaw. A special permit would allow the construction of a detached garage and the extension of a non-conforming front deck.  

Present were the Petitioners and Kristen Baringer, of Walter Cudnohufsky Associates, Inc. who presented the application.  Also present was Mary Jo Piretti.

Ms. Baringer detailed the petition, plot plan and the “Final Schematic Design”

Letters of support from the following were read into the record:
        Louise Plager
        Emily Rechnitz and John Paladino
        Robert and Sandra Boylston
        Carol Newton Rumph
        Mary Jo Piretti Miller

RF asked if the petition for a new detached garage should have been filed for as variance as the garage is 10 feet from the boundary line and the requirement is 20 feet.  EB referred to Section 4.1.1 (Footnote 6) in which it stated that if the Building Commissioner determined that there wasn’t compliance with the set- backs the ZBA could grant a special permit for the reduction of those requirements provided that the accessory building or detached garage didn’t exceed 20 feet in height. The proposed garage is less than 20 feet in height.  Ms. Baringer provided the email correspondence of the letter from the Building Commissioner which stated that the petitioner should file for a special permit.  

RF made a made a motion to grant the special permit as requested.  CS seconded the motion and the Board voted to approve 4-0.  SLC and EB added that the petition complied with all of the requirements of the special permit and that it was not detrimental to the neighborhood.

Minutes July 1, 2015-The minutes were tabled.

Respectfully submitted,
Peggy Ammendola

Note: On July 16th a letter was received from Cynthia Schwartz, 53 Tucker St., in which she expressed that she would like to support the Gambles in every way, but she stated that she was concerned that the project could possibly damage her trees that are along the lot line and that the new driveway could pose drainage issues.