ZBA Hearing Minutes
Date: 12/20/10
Hearing began at: 3:01pm
Members Present: Robert Lazzarini, Chair, Fred Chapman, Vice-Chair, Dean Amidon, Clerk, Cynthia Weber and Anne Marie Enoch
Also present: Stanley Ross, Robert McMahon, Architect, Brent White of White Engineering and Laura Mensi
The hearing began with Robert Lazzarini, Chair, explaining the hearing process and then Dean Amidon, Clerk, read the legal notice (which was posted for 2 consecutive weeks in the Berkshire Record and at the Town Hall) and letters from the Planning Board, Conservation Commission, and Board of Health.
Robert McMahon reviewed the details of the project. The existing home is 1 ½ stories with a walk out finished basement (24 x 32 with an 8ft sunroom). The house was built in 1965 and the foundation has severely deteriorated which is why the Mensi’s are looking to rebuild it. The proposed project will have an increase in height (31’ 9” at it’s highest – 10’ 9” higher) and will be 32 x 48. A 2 car garage (24 x 29) will also be added with a covered walkway attached to the house. The proposed house will have 4 bedrooms which is what the existing home has. A new sewage disposal system is being proposed (alternative technology). The existing well’s water quality and yield will be tested to meet the Board of Health’s standards.
The space above the garage will be accessible by a pull down staircase and will only be used for storage. Robert stated it’s a very steeply pitched roofline. The screen porch but not the deck were included in the total square footage. There is a 50% increase in the footprint area. The house is going from a 5% lot coverage to 12.8.
Laura Mensi gave some background about the house and the reasons it needs to be rebuilt. In addition to accommodating their families needs that want to make it more eco-friendly for the lake.
Brent stated that in his professional opinion he concurs with the Board of Health’s request and he has started contacting well drillers to perform the necessary tests.
At this point there weren’t any further questions or statements and the Board entered their deliberative phase.
Fred asked about the current flow of the proposed septic system: it is designed for 4 bedrooms and if a new well is drilled it will need to be 150ft from the proposed system. Fred and Cynthia both felt that a deed restriction should be added or a condition that the .3 acre lot can not be used as a residential lot or that the entire property must remain as one lot as the proposed project is proposed as one lot. Bob did not feel it was a real concern or necessity and was based on intensity which is not under the ZBA’s purview.
Fred felt that this was a massive increase in the non-conforming nature, 70% according to the architect’s numbers. If it wasn’t 20% exactly it was certainly more than 25% which is what our bylaws allow. Bob concluded that the existing house has 1,792sq feet of habitable space (not including the sunroom or storage room). The proposed project has 2,800 sq feet of habitable space. Bob felt that with regards to the rest of the neighborhood the proposed project is above the average but well below the largest home. The surrounding 10 houses run from 500 – 3,700 sq feet with an average of 2,013. Bob agreed that it’s more than a 25% increase, more like 35-40%.
Bob felt that our current bylaws did not meet the current case law with regards to non-conforming nature. Fred felt that a house on a non-conforming lot is a non-conforming house.
It was also noted that if the house wasn’t being raised a special permit wouldn’t be necessary. The owner has stated that she intends to merge the 2 lots into one as she has been advised.
The Board made the following findings:
1. The property lies in the Lake Shore District and is non-conforming because of insufficient size and road frontage.
2. The relevant section of the Monterey Bylaws is IV.E.2.b.The applicant proposes to demolish and rebuild the residence increasing its “habitable space” from 1792 sq. feet to 2815 sq. feet. And to construct a two car garage connected to the house by a covered walkway. The proposed structures and their placements on the lot satisfy all applicable setback and height restrictions of Monterey Zoning Bylaws and they are in harmony with the neighborhood. They do not significantly increase the incidence of air, water odor or noise pollution or increase traffic or in other way detrimentally affect the neighborhood.
The Board made the following conditions:
1. Approval of this appeal is contingent upon the satisfying all Board of Health requirement for this proposal.
2. Lot 101-031 which contains the subsurface septic waste disposal field must remain without any dwelling upon it so long as the proposed septic system services the dwelling on Lot 101-044. This restriction on dwelling construction also can be satisfied by formally combining the two parcels into one.
A motion was made to GRANT the project as submitted subject to the above conditions.
Bob L: Grant
Dean: Grant
Cynthia: Grant
Fred: Deny
Anne Marie: Grant
The hearing concluded at 4:21pm
Submitted by
Melissa Noe, Inter-Departmental Secretary
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