ZBA Hearing Minutes
Address: 22 Limerock Lane
Date: 7/22/14
Hearing began at: 3pm
Members Present: Jonathan Levin, Chair, Cynthia Weber, Clerk, Stanley Ross, Robert Lazzarini and Fred Chapman
Also present: Christopher Blair, Dennis Downing, John Bodnar, Ian Jenkins, Andy Belfer and Adam Belfer
The hearing began with Jonathan Levin, Chair, explaining the hearing process and then Cynthia Weber, Clerk, read the legal notice (which was posted for 2 consecutive weeks in the Berkshire Eagle and at the Town Hall) and letters from the Planning Board, Conservation Commission, and Board of Health.
Dennis Downing the applicant’s attorney presented the project details to the Board. Dennis referred to the Gale decision with regards to this proposal and read to the Board how he suggested they might make their findings based on this case law. Andy Belfer also presented a history of the house.
Chris Blair, designer for this project presented updated drawings after a request was made by one ZBA member to confirm property lines. In preparing the revised plans, Mr. Blair determined that the house itself is not in the setback but that a portion of one of the decks is. Chris stated that the existing stairs are in fact not really stairs but rather a ladder. Because an A-frame house has a complicated geometry the new stairs had to be created on the outside of the house in a 9 x 12 tower. The footprint is being expanded but the ridgeline is not increasing. The septic tank is being moved and will be upgraded from a 1000 gallon tank to a 1500 gallon tank as required by the Board of Health. Chris confirmed that both decks will remain.
Stanley noted that this property is very isolated and this proposed project shouldn’t be considered more detrimental to the neighborhood.
The tower in order to be compliant with the building code had to be at least 9 x 12 and could not be any smaller.
At this point a motion was made to close the public portion of the hearing. The motion was seconded and approved unanimously. The Board began their deliberations.
The work being done is outside of the setback area and therefore is not creating any new non-conformities. The lot is very private and the proposed work is not likely to be seen by anyone.
The Board made the following findings:
1. This is a non-conforming single family structure.
2. This property is located in both the residential and lakeshore districts.
3. The deck extends into the rear setback by about 10 feet.
4. The proposed project and the increase in the non-conformity is not more detrimental to the neighborhood.
5. No new non-conformity is created by this project.
The Board set the following conditions:
1. The applicant must comply with the requirements set by the Board of Health with regards to the septic tank.
A motion was made to grant the permit. The motion was seconded and unanimously approved.
The hearing concluded at 3:34pm
Submitted by
Melissa Noe, Executive Secretary
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