ZBA Hearing Minutes
Date: 6/5/08
Hearing: Regenstreich – 7 Seven Arts Rd
Hearing began at: 4:29pm
Members Present: Cynthia Weber Chair, Dean Amidon, Robert Lazzarini, Robert Gauthier (Clerk), and Kathleen Wasiuk (Alternate)
Also present: Bruce & Merry Regenstreich, Ann Bruzzi of Berkshire Engineering and John Gobel, Attorney for Regenstreich’s and Chip Schleich, Builder
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.
John Gobel gave a history of the land/ownership and an overview of the project. It was noted that a neighbor received a special permit for a similar project but that it was prior to the multiple dwellings on this lot being deeded as condominiums. The Regenstreich’s are not allowed to do this project by right as there are six (6) buildings or dwellings on one lot, which is not allowed under Monterey’s Zoning Bylaws. It was noted that all of the setback requirements have been met and that the existing shed will be removed as part of the proposal.
Ann Bruzzi explained why the properties were recently deeded as condominiums. She also noted that the lot coverage requirements are met; the owners are only lacking the proper acreage per dwelling.
Robert Lazzarini mentioned that Section 2.b. of the Town’s Bylaws is with regards to single family dwellings and can not apply to this particular case. Attorney Gobel rebutted stating that they are seeking reconstruction of one of the dwellings not all 6 of them and that the bylaws state “dwelling” not “use”. Robert Gauthier went back to 2.a.3 and stated that the reason they are here is because there are multiple dwellings on one lot.
The existing building will be demolished in order for the proposed project to be built. Cynthia Weber asked if it was true that another bedroom was being added and Mr. Regenstreich confirmed that they are and that their septic system plan is in compliance with the added bedroom. The owners have also drilled a new well to make sure that there wouldn’t be any additional strain on the existing one.
Dean Amidon asked how Ann Bruzzi felt about the letter read into record from the Board of Health. She stated that it didn’t cause any inconvenience and she could understand why it was being requested of the applicant. It was confirmed that the Regenstreich’s do have an approved septic plan/permit on file with the Board of Health.
No abutters were present and no one else had anything to add. At this point this evidentiary portion of the hearing was closed.
The Board discussed and agreed upon the following findings:
1. This is a non-conforming lot which is located in both the Lake Shore District and the Agricultural-Residential District.
2. The house itself is located in the Lake Shore District.
3. The majority of the lot is located in the Agricultural-Residential District and therefore the AR setbacks apply.
4. The condominium arrangement is not relevant to the appeal because it is not a subdivision that has been sanctioned by the Planning Board.
5. The total lot is non-conforming containing six (6) separate dwellings on one lot.
6. The proposed expansion will not intrude further into any setback.
The Board discussed that based on the proposal the living space will increase by 102%. Robert Lazzarini felt that this project was excessive and that it was more than doubling the habitable space. Robert Gauthier felt that it was a gentle expansion and Kathleen Wasiuk felt that it was a rather modest expansion. It was noted that the habitable square footage will increase from 864 square feet to 1780 square feet. Cynthia Weber also felt that it was a modest and fitting proposal and was inclined to agree with the Planning Board in this situation. Robert Lazzarini mentioned that there are 5 other homes on the lot that could come in asking for similar increases in their habitable living spaces, the other Board members did not feel it was fair to try and anticipate what the other homes on the lot
may or not may do and that any future proposals should be dealt with on a case by case basis. Robert Lazzarini feels they should consider that they are setting a precedent here.
At this point the Board decided to take a vote to grant the Special Permit as presented under section I.V.E.2.b under the Monterey Bylaws with the following results:
Cynthia Weber – Grant
Dean Amidon – Grant
Robert Lazzarini – Grant
Robert Gauthier – Grant
Kathleen Wasiuk – Grant
The Board discussed and agreed upon the following conditions:
1. Subject to the approval of the Board of Health.
The hearing concluded at 5:23pm
Submitted by
Melissa Noe, ZBA Secretary
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