ZBA Continued Corrected Hearing Minutes 22 Point Rd

ZBA Hearing Minutes

Address: 22 Point Rd

Date:  11/5/21

Hearing began at: 3:03pm

Members Present:  Jonathan Levin, Chair, Gary Shaw, Clerk, Scott Jenssen, Susan Cooper and Michael Banner (remotely)

Also present: Nick Arienti, Stephen Gerard Dietemann

This is a continued hearing reopened from 10/28/21 to allow the applicant to present updated plans.  The Board voted unanimously to reopen the public hearing to hear new evidence in support of the applicant’s proposal.

Steven Devan, Architect provided revised, final site plans for the Board’s review as well as revised floor plans and elevations. After review and discussion, the Board closed the public hearing.

The Board makes the following findings:

1. The Property is in the Lake Shore district.
2. The property is a non-conforming lot due to lack of sufficient frontage and size.
3. The property has the benefit of grandfathered 15’ side set- backs; the northeasterly side of the house is currently within the side set back and the southwesterly side of the house is outside the side set back.
4. The applicant submitted revised Plans and a revised proposal (identified as Plan Set “A” dated 11/3/2021), which plans are the basis for the Board’s Decision.
5. The proposed front addition will be limited to a 16 sq. foot single story addition, at the front (street side) of the existing structure, and the addition does not encroach within any set-back.
6. The proposed new exit stairway from the dining living area to the ground is intended to replace an existing stairway from the existing sunroom to the ground and the landing area of the new stairway will not extend beyond the existing wall of the sunroom, and does not encroach into the 40’ lake set-back any further than the existing structure.
7. The proposed two story bedrooms addition on the southwesterly side of the house, pursuant to the plans will not when completed encroach into the 15’ side set back.
8. The proposed deck on the lake side of the house will be supported by cantilevered support columns fixed to the lower level of the house, and will not extend down into the land below, minimizing further encroachment into the lake side set back.
9. All other changes to the structure will be within the existing footprint of the building; the height of the roof will not exceed the current roof height and the lake side sunroom will be replaced with a new structure of the same footprint utilizing piers substantially as currently exist, and will be more integrated into the main living space of the house.
10. The house after the completion of the proposed additions will be in keeping with the size, height and location on the lot with neighboring structures.
11. The proposed relief to be granted is not substantially more detrimental to the neighborhood.

A motion was made to approve a special permit to permit the Applicant to construct the additions and other improvements to the house as proposed in the revised submitted plans, subject to conditions.  The motion was seconded and unanimously approved with the following conditions:

1. No portion of the two story bedroom addition on the southwesterly side of the house may be constructed within the 15’ side set back.  Before issuance of a Certificate of Occupancy, the applicant shall submit to the Building Inspector an ‘as-built foundation/addition’ instrument verified plan certified by a registered surveyor/engineer and showing that the southwesterly two story bedroom addition has been constructed wholly outside the 15’ side setback.

The hearing concluded at 3:18pm

Submitted by

Melissa Noe, Town Administrator