ZBA Hearing Minutes
Date: 1/31/12 – 14 Hebert’s Cove
Hearing began at: 3pm
Members Present: Fred Chapman, Chair, Dean Amidon, Vice-Chair, Cynthia Weber, Clerk, Robert Lazzarini and Stanley Ross
Also present: Daniel Moriarty, Fred Vorck, Bob Olinski, Contractor and Nick Anderson of Berkshire Engineering
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 Conservation Commission, Planning Board and Board of Health. Two letters from abutters in support of the project were also read into record.
Nick Anderson of Berkshire Engineering presented the proposal and the needs for raising the house. Robert asked if any other homeowner’s in the development have resorted to this or if they will be. Dan stated that Mr. Levy has already raised their home (about 4 years ago) and he’s aware of 2 – 3 more homes that plan to apply for the same special permit.
Fred questioned why the proposal wasn’t for a larger increase in height so that the flooding wouldn’t be as close as what the neighbor is still experiencing after having raised their home. Nick explained that while they would love to raise it more it causes other issues with the pitch of the driveway and the existing garage.
At this point there weren’t any further questions so the Board closed the public portion of the hearing and began their deliberations.
The Board made the following findings:
1. The proposed project fell under section IV.E.2.b of the zoning bylaws and it was agreed that it did not increase the non-conforming nature.
2. The board concluded that the request was in harmony with the general purpose and intent of the Bylaws and will not be injurious, noxious, offensive or detrimental to the neighborhood or town.
A motion was made to grant the application/project as submitted. The motion was seconded and approved unanimously.
The Board made the following conditions:
1. Must meet the requirements set forth by the Board of Health.
The hearing concluded at 3:26pm
Submitted by
Melissa Noe, Inter-Departmental Secretary
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