ZBA Hearing Minutes
Address: 23 Laurel Banks
Date: 9/19/13
Hearing began at: 3:07pm
Members Present: Jonathan Levin, Chair, Cynthia Weber, Vice-Chair, Stanley Ross, Clerk and Robert Lazzarini
Alternates: Ian Jenkins
Also present: Steve Solosky and Kerri Bartini, Architectural Designer
Administrative items: A motion was made to approve the Administrative meeting minutes of 8/16/13. The motion was seconded and unanimously approved.
The hearing began with Jonathan Levin, Chair, explaining the hearing process and then Stanley Ross, 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.
Kerry Bartini stated that they are removing the roof and rotating it 90 degrees; it will be the same pitch but will be a little taller due to the slopechange in the dimension of the propertygable width. This change will allow the applicant to use the house to its full capability, while reducing the amount of living space. Kerry stated that the height of the chimney will not increase but the ridgeline will. The existing head height is 6 feet. Jon expressed his concern that by increasing the head room the habitable space may increase. Kerri noted that useable space will actually decrease. Kerry Bartini affirmed that there would be no changes to the basement/foundation area.
Ian questioned why there weren’t any letters from abutters if one of the concerns was the effect on the neighbors. Mr. Solosky hand-delivered a letter from abutter James Bracken who encouraged the approval of the project. Mr. Solosky confirmed he would not be doing anything with the foundation level. His septic system is designed for 4 bedrooms.
At this point the Board closed the public portion of the hearing and began their deliberations. Everyone agreed that this improvement would enhance the property and improve the neighborhood. The Board did not feel it would impinge seriously on any of the neighbors.
A motion was made to grant the project as proposed. A motion was seconded and it was unanimously approved.
The Board made the following findings:
1. This property is non-conforming because of its lot size, frontage and infringement into the setbacks.
2. A Special Permit is required under Section 5.1.4 of the Zoning By-Law.
3. This proposal is not more substantially detrimental to the neighborhood than the existing non-conforming structure or use.
4. There was no opposition to the project by any neighbor, and one neighbor wrote in favor of the project.
5. The habitable square footage is being decreased.
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 3:30pm
Submitted by
Melissa Noe, Executive Secretary
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