ZBA Hearing Minutes
11 Seven Arts Rd
Date: 11/30/11
Hearing began at: 3:15pm
Members Present: Fred Chapman, Chair, Dean Amidon, Vice-Chair, Cynthia Weber, Clerk, Robert Lazzarini and Stanley Ross
Also present: Kyle Pierce
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.
It was noted that the application and notices incorrectly stated that the house number was #8 and according to the Assessors Office it should be #11.
No one showed for the applicant. The Board consulted with Town Counsel to determine what the Board was required to do. We were advised to open the hearing and that the Board could either continue the hearing to a date certain or deny the permit which would mean that the applicant would not be able to submit this application again for another 2 years.
Stanley stated that this is a condominium complex on 9.34 acres and each person owns an undivided share. Fred felt that there were some conflicts between what is stated on the application and what the Assessors Office and deeds state.
Fred pointed out that this can not fall under a matter of right as our bylaws state that you can not have more than one dwelling on a lot and there are 6 on this lot and this was left off of the application all together.
Dean was not in favor of continuing the hearing because the applicant didn’t show up. A vote was taken on whether to deny the permit or continue the hearing until December 15th at 2pm. It was 4 to 1 in favor to continue the hearing to December 15th at 2pm.
The hearing concluded at 3:30pm
Submitted by
Melissa Noe, Inter-Departmental Secretary
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