ZBA Hearing Minutes
Address: 4 Seven Arts Rd
Date: 12/9/15
Hearing began at: 4pm
Members Present: Jonathan Levin, Chair, Stanley Ross, Clerk, Robert Lazzarini, Fred Chapman and Susan Cooper
Also present: Diego Gutierrez, Peter Martin, Eric Rosen
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.
The Board of Health stated they would require a Title V inspection. The Applicant provided a report relative to the septic system which was performed after the Board of Health wrote their letter. The Applicant described the proposal for the construction of an addition at the west side of the house for an interior staircase and porch, and an addition at the south side of the house for a media room and entry foyer. The ownership history of the house was reviewed. It was noted that the house number is not #4, it is believed to be #15 however the assessors record shows it as 0.
At this point the public portion of the hearing was closed and the deliberative phase began.
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 an extension of the house (i) at the west side to add a new interior stairwell servicing the first and lower level of the house and a screened porch, and (ii) on the south side of the house to add a media room and entry foyer.
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 520 sq. feet.
6. The proposed work will increase the area (habitable and non-habitable) of the dwelling by 640- sq. feet.
7. The media room/foyer would be built in the same general area of a deck which has been removed.
8. No opposition was received from any abutter.
9. The Board voted 5-0 finding that the proposed construction will increase the non-conforming nature of the structure.
10. The Board voted 5-0 that the proposed construction will not be substantially more detrimental to the neighborhood and thus the Special Permit was approved.
The hearing concluded at 5:02pm
Submitted by
Melissa Noe, Administrative Assistant
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