ZBA Hearing Minutes
Address: 10 Sylvan Rd
Date: 5/7/15
Hearing began at: 3pm
Members Present: Jonathan Levin, Chair, Stanley Ross, Clerk and Robert Lazzarini
Alternates: Anne-Marie Enoch, Ian Jenkins
Also present: Julio Rodriguez, Pat Salomon, Paul Clark, and Steven Weisz
The hearing began with Jonathan Levin, Chair, explaining the hearing process and then Stanley Ross, 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 and Conservation Commission.
Paul Clark, representative for the applicant presented the project details. He stated that the proposal does not call for any further encroachment than what is already there. The proposed mud room will be enclosed and heated. Questions were asked about the current lot coverage and size of the lot.
At this point the public portion of the hearing was closed and the Board moved into deliberations. Because of the Gale case it was determined that it does not require a variance and that the Board needs to determine whether or not this proposal is substantially more detrimental. The new addition falls outside of the Board’s jurisdiction.
A motion was made to grant the special permit as proposed. The motion was seconded and unanimously approved with no conditions.
The Board made the following findings:
1. Property is in the lakeshore district.
2. Lot is non-conforming.
3. Applicant seeks approval to convert a deck into enclosed living space.
4. A portion of the proposed work is within the lakeshore 40' setback in violation of section 4.2.2.2. Of the bylaw.
5. All other setback requirements are complied with.
6. Applicant seeks relief under section 5.1.6.2 of the bylaw.
7. The proposed work in the setback is within the confines of the existing deck and does not extend further into the setback.
8. The proposed work blends into the existing structure and is not a significant addition.
9. No opposition was received from any abutters.
10. The relief sought is not substantially more detrimental to the neighborhood.
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 3:25pm
Submitted by
Melissa Noe, Administrative Assistant
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