ZBA Hearing Minutes
Date: 6/29/11 – 47 Old Beartown Rd
Hearing began at: 3:21pm
Members Present: Fred Chapman, Chair, Dean Amidon, Vice-Chair, Cynthia Weber, Clerk, Robert Lazzarini and alternate Jonathan Levin
Also present: Maricela Salas, Mary McGoff and Arthur Jackson, Builder
The hearing began with Fred Chapman, Chair, explaining the hearing process and then Cynthia Weber, 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 as well as a letter from an abutter.
Arthur Jackson stated that he has approval from the Conservation Commission but does not have a building permit in hand. Berkshire Engineering has designed an approved septic but a permit has not been issued by the Board of Health as an installer has not come in to sign the paperwork. There is a concept house and footprint approved but no building plans have been drawn up.
The Board advised the applicants that the special permit for temporary living quarters is only valid for one year and does not allow for extensions and the Board was confused as to why the applicants would apply for temporary living quarters without having an approved set of house plans. The builder noted that it may take 2 years to construct the house. Jonathan read the bylaws which state that the new home is under construction not while the property is being prepared. The Board asked if a foundation permit could be applied for.
The Board felt the application for the trailer was premature because a septic has yet to be installed, a potable source of water has not been installed and the construction of the home has not begun. The Board stated despite the Board of Health’s comments this Board would not allow a pumping contract, they would require an installed, permitted septic that the trailer’s sewage could be pumped into.
The applicants stated their goal is to be able to stay on the land and make design decisions which the Board feels is noble but the town zoning bylaws doesn’t allow.
The Board discussed the applicant’s options; withdraw without prejudice and refile when they are ready or the Board could continue the hearing for one month if the applicants feel they would have the 3 requirements noted above ready.
The applicants requested to continue the hearing so that they could get the 3 required items. The Board continued the hearing to Wednesday, August 17th at 1:30pm
The hearing concluded at 4:01pm
Submitted by
Melissa Noe, Inter-Departmental Secretary
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