ZBA Hearing Minutes
Address: 30 Sackman Way
Date: 10/29/15
Hearing began at: 3pm
Members Present: Fred Chapman, Acting Chair, Stanley Ross, Clerk, Robert Lazzarini and Susan Cooper
Alternate: Ian Jenkins
Also present: Roger and Carol Kane and Robert Hebb
The hearing began with Fred Chapman, Acting 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. No letters of support or concern were received.
Robert Hebb, Architect for the Kane’s was present to review the project details. No ramps are being built; the only changes to the outside are the overhang and bringing the staircase out.
At this point the Board began their deliberations. It was suggested that the application should not be viewed from the handicap accessibility aspect and treated as a regular application instead so as not to impose any unintended consequences for future owners and because the Board is not able to determine if applicant meets requirements.
The Board made the following findings:
1. The property is non-conforming due to its size, its infringement into the setback and its insufficient road frontage.
2. The proposal will increase the non-conforming nature but will not be substantially more detrimental to the neighborhood.
It was unanimously agreed that under the pond and stream protection denying the permit would cause unreasonable difficulty.
A motion was made to approve the project as submitted. The motion was seconded and passed unanimously.
The Board set the following conditions:
1. The modification of the dwelling should not infringe on the 15 foot setback.
The hearing concluded at 3:45pm
Submitted by
Melissa Noe, Administrative Assistant
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