ZBA Hearing Minutes
Date: 8/8/07
Hearing: Leavy – 40 Beartown Mtn Rd.
Hearing began at: 4:00pm
One member of the board was unable to make it to the meeting until 5:30pm. Representative for the Leavy’s, Stefan Grotz~agreed to reconvene at 5:30 when all members could be present. The Board so voted.~ The Hearing reconvened at 5:30pm, and proceedings began at 6:00pm when all members were present.
Members Present: Cynthia Weber Chair, Fred Chapman, Dean Amidon, Robert Lazzarini, and Robert Gauthier (Clerk)
Also present: Stefan Grotz, representative for the Leavy’s, Steve Sedden, Contractor and Gail Leavy, Owner
The hearing began with Cynthia Weber, Chair, explaining the hearing process and then Robert Gauthier, Clerk, read the legal notice and letters from the Planning Board, Conservation Commission, and Board of Health.
Stefan Grotz presented the board with some pictures of the home. He thanked the board for scheduling the hearing so quickly. Attorney Grotz gave an overview of the project. There isn’t a proposed change of use. The only change is to the structure, in the 25 foot setback. The footprint of the house will remain as it is now. The end result is to increase the height of the structure from 15 feet to the proposed 18 feet.
Cynthia Weber asked the applicant for the additional information that was requested by the board:
1. Description of the area below in the garage (if there will be a basement). Mrs. Leavy confirmed that the present garage would be retained; no additional area would be added.
2. If any kitchen facilities will be in the garage/office and if so, what specifically.~ The office had a full bathroom, but no kitchen facilities were planned.~ It was agreed that the office with bathroom served as the third bedroom allowed in the septic permit.
3. Measurements in feet on the floor plans.
Robert Lazzarini noted that this application should actually fall under section “c” rather than section “b”. This was discussed between the applicant and the members of the board.~ The Board was unanimous in agreement.~ Stefan Grotz conferred with Mrs. Leavy and changed the application to section "c".
The board closed the evidentiary portion of the hearing. The board did not set any conditions and made the following findings:
1. The non-conformity (volume) of the structure is being increased; therefore the Board will make their findings under section “c” of the Monterey Zoning Bylaws.
The board voted unanimously to grant the application under section “c”.
The hearing concluded at 6:50pm
Submitted by
Melissa Noe, ZBA Secretary
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