ZBA Hearing Minutes
Address: 34 Northeast Cove Rd
Date: 4/9/14
Hearing began at: 3m
Members Present: Jonathan Levin, Chair, Cynthia Weber, Vice-Chair, Stanley Ross, Clerk, Robert Lazzarini and Ian Jenkins, Alternate
Also present: Peter Vallianos, Christopher Cobb, Richard Nault and Attorney Alex Glover (counsel for abutter Robin Williams)
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 Eagle and at the Town Hall) and letters from the Planning Board, Conservation Commission, and Board of Health. Also read into record were letters from abutters Robin Williams, Alan & Debra Grace and Kenneth Blackman (copies are available to read at Town Hall).
Mr. Cobb began by offering rebuttals for comments made in Ms. Williams’ letter. He stated that his existing garage has been there for 18 years and it was properly permitted at the time. He stated that the proposed garage will be for personal uses and the larger size will accommodate the trailer he has (which he now has to deflate the tires on to get it into his existing garage).
Attorney Glover, retained by abutter Robin Williams presented next. She provided the Board with additional color copies of Robin’s letter and pictures. Attorney Glover stated that she feels that this application will require a variance under section 5.1.5 of our zoning bylaws and that there would be no discretion to issue the permit.
The Board commented that this is a ½ acre parcel in a dense community and wondered why the applicant wouldn’t just request permission to raise the roof and enlarge the door of his existing garage. The Board also informed Mr. Cobb that his application was incomplete and the accuracy of his plan which are copies of the online assessing maps have an accuracy of +/- 6 feet. The incomplete application does not allow the Board to fully and adequately determine if the proposal is or is not non-conforming.
At this time the Board informed Mr. Cobb of the 3 options he had available;
1. Mr. Cobb could allow the Board to enter their deliberation phase and if the permit request was denied to insufficient information provided in the application Mr Cobb would be allowed to file again with all of the proper documentation as per Section 16 of Chapter 40A.
2. Mr. Cobb could request that the hearing be continued to a later date so that he could get the information not originally provided or
3. He could withdraw his application without prejudice.
Mr. Cobb decided to request to withdraw his application without prejudice. A motion was made by Stanley Ross to accept Mr. Cobb’s request to withdraw his application without prejudice which was seconded by Cynthia Weber and unanimously approved by the Board.
The hearing concluded at 4pm
Submitted by
Melissa Noe, Executive Secretary
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