ZBA Hearing Minutes
Address: 244 Mt Hunger Rd
Date: 8/20/14
Hearing began at: 2:45pm
Members Present: Cynthia Weber, Clerk, Stanley Ross, Robert Lazzarini, Fred Chapman and Ian Jenkins
Also present: Carl Audia, Don Torrico and Rob Akroyd
The hearing began with Fred Chapman, Acting 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 a new letter from the Board of Health.
This proposal was originally presented on July 29th as a request for a variance where it was decided that this should’ve been an application for a special permit. It was reposted, re-advertised and the abutters were all re-notified.
The Board requested that the applicant provide the locations of the septic components as was requested by the Board of Health. Carl Audia didn’t feel that this would be an issue. The applicant inquired how a change in the dimensions of the deck would impact the decision to grant the permit (depth by 2 feet to the west).
The Board made the following findings:
1. The structure pre-exists zoning and is therefore grandfathered.
2. The new construction in not located in the setback.
3. The current structure infringes on the setback and increases the non-conforming nature however it is not substantially more detrimental to the neighborhood.
A motion was made to approve the project as amended. The motion was seconded and unanimously approved.
The Board set the following conditions:
1. The applicant must meet the recommendations of the Board of Health.
2. The requested increase of 2 feet to the westerly side has been approved.
The hearing concluded at 3:11pm
Submitted by
Melissa Noe, Executive Secretary
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