ZBA Corrected Hearing Minutes 22 Point Rd
ZBA Hearing Minutes
Address: 22 Point Rd
Date: 10/28/21
Hearing began at: 3pm
Members Present: Jonathan Levin, Chair, Gary Shaw, Clerk, Scott Jenssen, Susan Cooper and Michael Banner
Also present: Brent White, Nick Arienti, Stephen Gerard Dietemann, Arlen Gelbard, Jane Gelbard, Alyssa Gelbard LePack, Keith LePack
The hearing began with Jonathan Levin, Chair, explaining the hearing process and then Gary Shaw, Clerk, read the legal notice (which was posted for 2 consecutive weeks in the Berkshire Eagle and at the Town Hall) and a letter from the Board of Health.
Nick Arienti, Attorney for the applicant summarized the project proposed for 22 Point Rd. The lot is small and what they consider to be existing, non-conforming. An order of conditions has been issued from the Conservation Commission. The Board had some issues with the setback measurements and plan measurements provided. The applicant stated that they have no intention of entering extending the house into the setback on the southwesterly side of the Property.
Brent White, Engineer reported that the septic plan has been approved by the Board of Health and the Order of Conditions has been recorded at the Registry. The single greatest site improvement will be the septic upgrade. Two innovative technology systems will be utilized. A substantial replanting plan is also proposed. Erosion and sedimentation controls will be in place and monitored by the Conservation Commission. The docks are licensed with the State but are not part of this proposal.
Steven Devan, Architect reviewed the details of the proposed construction. The proposal will turn this into a year round home. He referred the Board to schematic designs submitted with the Application and stated that the footprint is not being substantially increased, but the interior design and room usage is changing. The home will also be more energy efficient. The existing conditions of the home is typical of a fishing shack. The cellar will be unfinished and will host all the utilities.
Arlan Gelbard, one of the Trustees of the Applicant Trust provided a summary of the home’s history. The home is currently too small for their growing needs.
A motion was made to close the public portion of the hearing and enter deliberations. The motion was seconded and unanimously approved.
Discussion ensued with regard to the 40ft setback limitation of the bylaw which creates a significant issue for approval of portions of this Application concern,. The By-Law is very clear that no structures should be constructed in this area. This proposal contains multiple infringements into the lake set back area. Jon Levin felt the side bedroom would have to be outside the side setback area or it could not be approved as submitted. Nick Arienti stated that the revise site plan submitted show the proposed addition as conforming and the Gelbard’s have no intention of building into that area. As for the 40ft setback, Nick Arienti argued that the law states that as long as they are not creating a new non-conformity or making the existing non-conformity worse the Board should approve, and further argued that the proposal is not substantially more detrimental to the neighborhood.
Jon Levin stated that the lake setback requirement is precisely intended to give special protection to the lakeshore for the benefit of the neighborhood. To the extent that they are extending an existing non-conformity, an argument can be made that it is more detrimental. Historically the Board is very reluctant to make any exceptions. Jon Levin had Several members of the Board have significant concerns with that aspect of the application.
Discussion ensued about what kind of changes could be made that the ZBA would find acceptable.
The applicant expressed their willingness to revise their proposal to maintain (and not increase) the encroachment into the lake shore set back by eliminating the new southeast corner construction, cantilevering the supports for the new deck on the southwest corner and modifying the location of the stairway running from the main level to the ground level on the easterly side, and that the Applicant wished to have the hearing continued so that they could submit revised plans accordingly. is willing to conform the lakeside footprint
Upon motion and second, the Board unanimously agreed to continue the hearing until Friday, November 5th at 3pm.
The hearing concluded at 4:52pm
Submitted by
Melissa Noe, Town Administrator