ZBA Hearing Minutes
Address: 70 Tyringham Rd
Date: 9/29/15
Hearing began at: 3:08pm
Members Present: Jonathan Levin, Chair, Stanley Ross, Clerk, Robert Lazzarini, Fred Chapman and Susan Cooper
Also present: Peter Chait, Donald Torrico (Building Inspector) and Michael Germain (Applicant)
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 Leonard and Toby Friedman, abutters.
Michael Germain stated that this house was built in 1962 prior to the Friedman’s (interested party that submitted a letter) and that he believes that the Friedman’s are incorrect that these steps are not a secondary entrance. Mr. Germain assumed that a permit wasn’t necessary to fix a safety issue and apologized for that. Mr Germain stated that since the new stairs have been installed there hasn’t been any erosion or any channels of water created.
Don Torrico was asked what the minimum building code requirements were for the landing and stairs if they had to be replaced. (landing: minimum of 3 feet by 3 feet and 3 foot width to the stairs). Don Torrico stated that his denial letter stated that these stairs were to be legitimized and there was also supposed to be a proposal for an addition. Another special permit will be required for the addition as the existing house is non-conforming.
Discussion ensued about runoff and impenetrable areas that may cause runoff or a collection of water.
Bob stated that stairs in the setback region are no longer an infraction pursuant to the amendments made to the Monterey Zoning Bylaws at a recent town meeting however these have not yet been approved by the Attorney General. Jon stated, then at the moment we are operating under the old bylaw until approved by the AG.
It was asked how difficult it would be to relocate the steps to face Tyringham Road instead of the Friedman’s property to to make them less intrusive within the set back adjacent to the neighbor’s property.
Mr. Germain requested that the Special Permit plan and application be amended to allow him to move the steps so they face Tyringham Rd. A motion was made to accept this change which was seconded and unanimously approved. At this point the public portion of the hearing was closed and the Board began deliberations.
Jon stated that he really wanted to get the message out that residents need to speak to the Building Inspector prior to making changes or undertaking any work on their property, in order to determine whether approval is required from the Building Department, or relief is necessary from the Zoning By-Law. The Board feels that it is put in an untenable position when the Board is asked to approve a project that was already completed without permission and in violation of the Zoning By-Law.
A motion was made to approve the project as modified. The motion was seconded and approved unanimously.
The Board made the following findings:
1. This is a non-conforming single family structure on a non-conforming lot in the lake shore district.
2. The existing house on the side of the proposed work already encroaches into the side setback.
3. The proposed landing and stairs extend further into the side setback.
4. Non-conforming structures are governed by section 5.1.6 of the bylaws and if they are to be enlarged or changed the project is to be governed by section 5.1.6.3.
5. The applicant has agreed to re-orient the stairs thereby reducing the encroachment into the side setback.
6. The proposed project and the increase in the non-conformity is not substantially more detrimental to the neighborhood.
The Board set the following conditions:
1. The stairs once rotated may not extend beyond the edge of the landing.
The hearing concluded at 4:07pm
Submitted by
Melissa Noe, Administrative Assistant
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