ZBA Hearing Minutes
Date: 4/17/07
Hearing: Hayes – 29 Tyringham Rd
Hearing began at 4:00pm.
Members Present: Peter Murkett Chair, Robert Gauthier (Clerk), Cynthia Weber, Robert Lazzarini (Alternate), and Kathleen Wasiuk (Alternate)
The hearing began with Peter Murkett, Chair, explaining the hearing process, and then Robert Gauthier, Clerk, reading the legal notice and letters from the Planning Board, Conservation Commission, and Board of Health.
Mrs. Hayes asked about the appeals time frame if the board were to not approve the application and asked the board when she would be able to resubmit a new plan should this application not be approved. Peter Murkett explained the process to Mrs. Hayes.
Mrs. Hayes first stated she found out from several reliable sources that handicap ramps are exempt from setback requirements and that is why there is a difference on the plans regarding the 30foot setback (The board neither agreed nor disagreed). Mrs. Hayes explained that her husband has been wheelchair bound for the last 3 years and has been sleeping in the living room due to the house being so small and non-handicap accessible. The VA informed the Hayes that it would not be feasible to renovate what is currently there and that the only option is to build another home that would accommodate the furnishings needed. The lot isn’t big enough for an accessory dwelling; which is why they are proposing the addition to the current house.
Cynthia Weber asked Mrs. Hayes to clarify what exactly would be in the addition. Mrs. Hayes provided the floor plan of the addition that will enter into the garage for loading and unloading. The original 3 bedroom house would be maintained and a new house with 2 bedrooms. A new septic system is being put in to accommodate the additional bedrooms/flow. There will be a walk out basement on the addition. The board discussed whether or not in years to come this addition could be considered as a multi family due to the 2 kitchens. Mrs. Hayes clarified that they will be moving all of the appliances from the house to the addition and will only be using that one kitchen. The Town Zoning Bylaws were reviewed as to what a multi-family dwelling is defined as. The house was originally
built in the 1860’s.
The board agreed on the following conditions:
1. The sole kitchen in the dwelling be located as shown in the plans for the Specially-Adaptive House and wheelchair accessible addition and that the existing cooking facilities in the original home be removed.
The board agreed on the following findings:
1. The proposed construction of a Specially-Adaptive House and wheelchair accessible addition to this existing single-family dwelling does not further encroach on setback.
The board voted unanimously to grant the special permit application.
The hearing concluded at 4:35 pm
Submitted by
Melissa Noe
Inter-Departmental Secretary
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