ZBA Hearing Minutes
Address: 7 Seven Arts Rd
Date: 12/9/15
Hearing began at: 3pm
Members Present: Jonathan Levin, Chair, Stanley Ross, Clerk, Robert Lazzarini, Fred Chapman and Susan Cooper
Also present: Bruce and Merry Regenstreich, Benjamin Naylor of Berkshire Engineering
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, Board of Health and one interested party.
Bruce Regenstreich gave a brief history of his property and the proposed project, to construct an extension to the existing seasonal porch, which will include thermal windows but no heat source. The structure will be on piers (no foundation). The exterior of the house leading to the proposed screened porch will not be changed.
The Board discussed what constitutes habitable space which isn’t clearly defined on our bylaws.
At this point the public portion of the hearing was closed and the Board began their deliberations.
Fred feels the proposal clearly increases the non-conforming nature because there is more house on a lot that has too many houses and has more square footage on it. Susan felt it was hard to ignore that the first special permit that was granted for this property which doubled the footprint should be considered. Bob felt that the cumulative increase to this property shouldn’t be considered here as our bylaws do not address a condominium arrangement and the non-conformity is that there are multiple dwellings on a lot but in this case the non-conformity is in the presence of 6 houses not the single dwelling applying for the special permit. Jon feels that any extension of any of the structures on this lot is increasing the non-conformity however he doesn’t feel that it is substantially more
detrimental to the neighborhood.
It was agreed that our bylaws were not written to accommodate a condominium situation.
With regards to if the extension is substantially more detrimental to the neighborhood. Jon and Stan both felt that it was not. Susan was conflicted and could not make a decision one way or the other. Fred felt that it is more detrimental but was not sure he could say it was substantially more detrimental.
The Board made the following findings:
1. The property is in the Lake Shore District and Agricultural Residential District.
2. The property is non-conforming due to the existence of six single family residential dwellings on one 9.34 acre lot; in violation of Section 5.1.6.1.c. of the By-Law.
3. Applicant seeks a Special Permit to permit construction of a 8 x 28 foot seasonal porch to be added on to the existing screened porch on the west side of the house.
4. Applicant seeks relief under Section 5.1.6.2 of the by-law.
5. The proposed work will increase the footprint of the existing dwelling by 224 sq. feet.
6. The proposed work will increase the area (habitable and non-habitable) of the dwelling by 224 sq. feet.
7. Applicant proposes to only use the new addition as a seasonal porch with no heat, water or insulation, and it will be built on piers with no foundation.
8. No opposition was received from any abutter.
With regard to whether the proposed extension of the seasonal porch increases the non-conforming nature as it relates to the lot which contains 6 dwellings the Board voted 3 to 2 that it does increase the non-conforming nature of the existing structure.
With regard to whether the proposed extension of the seasonal porch is substantially more detrimental to the neighborhood the Board voted unanimously that it was not substantially more detrimental to the neighborhood, and thus the Board approved the Special Permit.
The Board set the following conditions:
1. It must remain a seasonal porch.
The hearing concluded at 4:09pm
Submitted by
Melissa Noe, Administrative Assistant
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