Zoning Board of Appeals
Minutes
Oct. 7, 2015
Land Use Meeting Room
Members present: Chair Ethan Berg, (EB); Clifford Snyder, (CS), Robert Fuster, Jr., (RFjr); Robert Fuster (RF); Ned Douglas, (ND)
Absent with notification: Shawn Leary Considine, (SLC)
Staff present: Land Use Director/Town Planner Gwen Miller (GM) and Land Use Clerk Peggy Ammendola, (PA)
Nancy Costerisan, 15 Ash Street (Map 47, Lot 25), Special Permit Section 3.3.3 of the Lenox Zoning Bylaw, “Nonconforming Structures”, and a variance from Section 4.1.1 of the Lenox Zoning Bylaw, “Table of Dimensional Requirements” in order to construct a carport within the front setback.
Ms. Costerisan presented her application and said that she applied for both the variance and special permit as she wasn’t sure which one would apply. The house and the lot are small and there is need for storage as there is no basement or garage. The lot is considerably smaller than the other lots in the neighborhood. The property is near the wetlands, and Ms. Costerisan has already gained approval from the Conservation Commission. Ms. Costerisan provided a summary of the details in her proposal and the Board studied the sketches that were provided.
GM said that she had reviewed the application and had spoken to Building Commissioner Don Fitzgerald and Ms. Costerisan. The property and the existing structure are pre-existing and non-conforming. The carport, deck and walkway are attached to the house and the special permit is that. The variance is for the shed which is a new structure. The location is within the setback and it will be set on blocks, a non-permanent foundation. Because it is less than 200 square feet (measures 8’ by 14’) a building permit isn’t required. GM suggested the Board rule on the dimensional requirements for the shed.
RF made a motion to grant the special permit for the portion of project connected to the house and grant a variance for the shed. RFjr seconded the motion.
The basis for granting a variance was the size and shape of the lot. It is considerably smaller than all of the other lots. The house is small and doesn’t’ have a basement, which is uncharacteristic of the other houses in the area. It would be a physical hardship to the property to not allow the shed. In terms of Special Permit 3.3.3, this doesn’t dramatically increase the non-conformity and is not detrimental to the neighborhood. It meets all the other special permit requirements and doesn’t tax any services. The Board voted to approve 5-0.
There were three letters of support that were read into the record:
Franki Mahoney of 10 Ash St.
Toby and Elliott Bird of 12 Reynolds St.
Harry and Shirley Faivus of 11 Ash St.
Betsy and Joe Strauch of 44 Taconic were present and spoke in favor of the proposal.
Note: The following had been on the agenda for 7:30 PM, but a sitting member had a conflict and could not be present. Crown Atlantic and the Board agreed to continue to October 14, 2015 at 7:00 PM.
Crown Atlantic Company LLC, 0 and 90 Pittsfield Road (Map 22, Parcels 38 and 39), Special Permit Section 6.11 “Personal Wireless Service Facilities and Towers” and Section 9.4 “Special Permits” of the Lenox Zoning Bylaw.
Minutes-September 16, 2015-RF made a motion to approve the minutes as published. RFjr seconded the motion and the Board voted 5-0 to approve.
Respectfully submitted,
Peggy Ammendola
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