Date: October 30, 2006
Continued from August 28, 2006
Rothschild Hearing: 4 Brewer Circle
Meeting began at: 4:20pm
Members Present: Fred Chapman, Dean Amidon, Cynthia Weber, and Robert Gauthier (Clerk)
Also present: Robert McMahon, Architect, Mr Rothschild
The meeting convened at 4:20pm with one member absent. The Vice-Chairperson explained that with only 4 members present you would need a unanimous decision in order for the Special Permit to be granted and it is the owner’s decision if he’d like to still proceed with the hearing this evening or continue to a later date when 5 people can be present.
Mr. Rothschild spoke with his architect and asked to reschedule to a date 2 weeks from today. The hearing has been rescheduled to Monday, November 13th at 4pm.
The hearing adjourned at: 4:30pm
Submitted by
Melissa Noe, Inter-Departmental Secretary
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Date: November 13, 2006
Continued from October 30, 2006
Rothschild Hearing: 4 Brewer Circle
Meeting began at: 4:12pm
Members Present: Peter Murkett – Chairperson, Fred Chapman, Dean Amidon, Cynthia Weber, and Robert Gauthier (Clerk)
Also present: Robert McMahon, Architect, Mr Rothschild
The hearing began with the clerk re-reading the public notice. The architect stated that a RDA was filed with the Conservation Commission and they met with the Board of Health. The Board of Health letter date September 18, 2006 was read into record. The Board of Health required that a deed restriction be placed on the property that the study must be built as designed and that there cannot be more than 3 bedrooms. There is no change in the plan from what was originally submitted and all the numbers still apply.
Fred Chapman questioned how recently the septic system was installed and whether or not it was an alternative system. Mr. Rothschild and Mr. McMahon stated that it was not an alternative system and it was put in sometime in the 1990’s. No other board members had any questions or comments.
The board members reviewed the negative Determination of Applicability issued from the Conservation Commission. Structures are 160’ from the beaver pond, and 300’ from Lake Garfield; after the proposed work they would be 330’ from the lake and over 200’ from the stream, which has changed course due to a breached beaver dam. The owner confirmed that the existing tool shed would be moved but not altered.
Cynthia Weber had a question about the headroom in the study and storage areas. The architect stated that it’s about 5’ at the highest point in the study and 4’ at the highest in the storage area. The Planning Board letter was reviewed. Fred Chapman asked if the owners would be amenable to upgrading their septic system to which Peter Murkett stated that that is not a Zoning Board of Appeals issue and really has no impact on issuing or not issuing the permit.
Peter Murkett suggested that the board make findings with respect to the proposal and the board unanimously agreed on the following:
1. The proposal does not add any new non-conformity to the existing structure and lot.
2. It does not increase the non-conforming nature of the structure and lot.
A condition would be added that it remain a three bedroom dwelling and that the “study” must be constructed per the plans and both must be recorded as deed restrictions with the Southern Berkshire Registry of Deeds.
The board voted unanimously to grant the permit with the above findings and conditions.
The hearing adjourned at: 4:50pm
Submitted by
Melissa Noe, Inter-Departmental Secretary
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