ZBA Hearing Minutes
Address: 457 Main Rd
Date: 5/14/14
Hearing began at: 3pm
Jonathan informed everyone that prior to beginning the hearing the Board had a few administrative items to deal with first.
1. The Board discussed the joint meeting held last week with the Planning Board to discuss proposed changes to the zoning bylaws.
2. Rotation of the Chair: This will occur at the next meeting.
Members Present: Jonathan Levin, Chair, Cynthia Weber, Vice-Chair, Robert Lazzarini, Fred Chapman and Ian Jenkins, Alternate
Also present: Robert McMahon, Ann Higgins and John Higgins (arrived during the hearing)
The hearing began with Jonathan Levin, Chair, explaining the hearing process and then Cynthia Weber, Acting 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.
Robert McMahon was present to review the proposed project to construct a new garage to replace the original one that was destroyed by a fallen tree last year. The new garage would be larger than the original garage and the area in the setback would also be increased (side & rear). Due to the location of the septic the proposed garage could not be moved closer to the home. Fred inquired if the proposed garage could be moved slightly closer to the septic (if the Board of Health doesn’t have any objections) and closer to the road to get it further out of the setback. Bob stated that our bylaws state that rebuilt structure should not be a greater non-conformity than the original and the way this project is proposed it would be by 10 sq. ft. Ian disagreed and felt that if the goal was to
get rid of non-conforming structures you wouldn’t be allowed to rebuild. Jon inquired about how the attic space would be accessed; pull down stairs. Jon felt that the change is diminimous and while no one wants to see additional encroachments into the setback this proposal is exactly the type of circumstance that is anticipated under the bylaw 5.1.8.
The original garage did not have electricity but the proposed one will. The pitch of the proposed roof will be increased slightly. The applicant did not have any issues with moving the proposed garage 8 inches making it no closer than 4 feet to the property line.
At this point the public hearing was closed and the deliberative portion of the hearing began.
The Board made the following findings:
1. This is an accessory building on a residential property in the Monterey Business District.
2. The garage in question was destroyed by a fallen tree on June 5, 2013 and at the time of destruction the garage was a non-conforming structure as an intrusion in the side setback in a business zone.
3. Non-conforming structures are governed by section 5.1.8 of the bylaws and they can be rebuilt as a matter of right if reconstruction is commenced within 2 years of destruction and if they are to be enlarged or changed the project is to be governed by section 5.1.4. The new dimensions of the proposed garage are slightly larger in area and height.
4. The proposed project and the increase in the non-conformity is not substantially more detrimental.
The Board set the following conditions:
1. Due to the addition of electricity, habitation in the structure is prohibited.
2. The building must be constructed a minimum of 4 feet from the side (easterly) property line.
The board concluded that the request was not substantially more detrimental to the neighborhood than the prior non-conforming structure and would not significantly increase the incidences set forth in Section 5.1.4(2) of the By-Law and that the 25% limitation in Section 5.1.4(3) was not applicable, as the intended construction is not ‘habitable square footage’.
The Board voted unanimously to grant the permit with the above conditions.
The hearing concluded at 3:45pm
Submitted by
Melissa Noe, Executive Secretary
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