ZBA Hearing Minutes
Address: Northwest Cove Rd.
Date: July 7, 2015
Hearing began at: 3pm
Members Present: Jonathan Levin, Chair, Stanley Ross, Clerk, Robert Lazzarini, Fred Chapman and Susan Cooper
Also present: Matthew Puntin, Marc White, Carolyn White
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.
Matthew Puntin of SK Design presented the details of the project. This property is its own lot that abuts Kutsher’s Sports Academy. Both lots are owned by the same entity, and were purchased by the present owner/applicant at the same time. The proposed house is a smaller footprint than what was previously there and the proposed project will be 1 foot farther from the lake than the previous. The previous house was demolished last year and that home was empty since the late 70’s/early 80’s. Bob clarified that it was abandoned for over 30 years and was only demolished within the last year. The ZBA disagrees with the Planning Board’s interpretation of the timeframe allowed to rebuild. It was discussed whether it is under these circumstances (a non-conforming property and
an abutting a second property owned by the same entity) the two lots are deemed merged in Massachusetts. made
This proposal has not yet been brought to the Board of Health or Conservation Commission for approvals.
Bob felt that it was unclear with the current documents how much more or less infringing this proposal is as compared to the previous home. There was also discussion on whether or not this request should’ve been for a variance instead of a special permit due to the fact that the previous home was abandoned.
Matt clarified that this proposed home will be occupied by Marc and Carolyn not by camp staffers as was indicated in the application. The water and sewer to this home will be shared with the existing camp.
Susan raised concerns about the 100 year flood plain and the last 3 major storms that we’ve had that should it happen again would flood half of this proposed basement; she’s concerned about any heating elements that may be stored in the basement that if it flooded could contaminate the lake (detrimental to the neighborhood).
There were concerns about this proposal’s proximity to the lake. Given the numerous unanswered questions, the applicants were asked how they wanted to proceed:
- They could request a continuance to modify the proposal,
- Go forward and allow the Board to deliberate and make a decision which could prevent them from building for 2 years if not approved or
- Withdraw their application without prejudice.
The applicant requested a continuance to allow revised plans to be presented which will show multiple lots as one and the proposed house moved back 40 feet from the lake. It was noted that a recordable plan showing the lots are merged would be a condition of the approval of a revised plan. The Board will also require an affidavit that there aren’t any other dwellings on the lot and if there is one that it will be discontinued once a new home is constructed. A motion was made, seconded and approved to permit the matter to be continued.
The hearing was continued until Tuesday, July 28th at 3pm.
The hearing concluded at 4:25pm
Submitted by
Melissa Noe, Administrative Assistant
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