ZBA Hearing Minutes
Address: 62 Worth Lane
Date: 6/7/12
Hearing began at: 3pm
Members Present: Fred Chapman, Chair, Cynthia Weber, Clerk, Robert Lazzarini and Jonathan Levin
Also present: Jeffrey Lombardo
The hearing began with Fred Chapman, Chair, explaining the hearing process and then Jonathan Levin, Co-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, and Board of Health. Fred also explained to the applicant that one member was unable to make today’s meeting and if Mr. Lombardo wishes to go forward with the hearing today a “yes” vote from all 4 members will be necessary to grant the permit. If one member denies the permit Mr. Lombardo would have to wait 2 years to reapply. Mr. Lombardo stated he wanted to go forward with the Board present.
Jeffrey stated that there is a 14’ x 16’ shed on the water line built approximately 50 years ago that is rather dilapidated. The roof is rotting and some trees have fallen on it. The shed is also infested with bugs. Mr. Lombardo wants to knock it down and put up something more attractive. It’s used to store canoes, scuba-diving equipment, etc. There is electricity to the shed but no water or sewage. It is one level only and is not by any means a sleeping quarter of any type. It is currently on cinder blocks and Mr. Lombardo has no intentions of making it larger as it would block his current view. Mr. Lombardo brought photos of the current shed to show the Board. The use of the shed will not change.
The Board closed the public part of the hearing and began deliberations.
The Board made the following findings:
1. The property is in the Lakeshore district.
2. The structure is grandfathered as it is a pre-existing structure created prior to zoning.
3. The property is non-conforming due to its size and frontage.
4. The storage shed is not a dwelling.
5. The storage shed is currently located in the 40ft and 15ft setbacks.
6. The application falls under IV.B.2.c of our zoning bylaws.
Jon and Bob noted that they would not want to see any water lines or sewer lines extended to the shed to use it for any other use than that of a storage shed. Fred wanted to know why the applicant wasn’t proposing to move it out of the setback if he was planning on rebuilding it anyway and there isn’t a foundation. Mr. Lombardo stated that there is currently a tree located behind the current shed. Cynthia noted that the shed in its current spot is shaded and out of view from the neighbors. Bob stated that Mr. Lombardo is allowed under our bylaws to present this application.
It was discussed that the only reason Mr. Lombardo had to apply for a special permit was because he was changing the pitch of the roof which is not more of an impact on the neighborhood than what is there now.
The Board set the following conditions:
1. The project is prohibited from supplying the shed with running water or sewage.
2. The project must remain as a 14’ x 16’ structure to be used for storage only.
3. The applicant should be mindful of the impact on the lake with the materials used during construction.
It was suggested to think about using another material (such as composite decking) in constructing the shed beside pressure treated wood. A motion was made to accept the application as submitted. The motion was seconded and approved unanimously.
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.
The hearing concluded at 3:35pm
Submitted by
Melissa Noe, Inter-Departmental Secretary
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