ZBA Hearing Minutes 10/17/23 - 99 Hupi
Meeting date:
Tuesday, October 17, 2023
ZBA Hearing Minutes
Address: 99 Hupi Rd
Date: 10/17/23
Hearing began at: 3pm
Members Present: Jonathan Levin, Chair, Gary Shaw, Clerk, Scott Jenssen, Susan Cooper and Michael Banner
Also present: Brian Bordonaro, The Seligman’s
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 letters from the Planning Board, Board of Health and interested party.
Brian Bordonaro, representative for the applicant was present to review the project details. The Board expressed their surprise to see a proposal to shrink the deck from its current size.
A motion was made to close the public part of the hearing. The motion was seconded and unanimously approved.
The Board discussed that this was probably the least burdensome application they have seen and appreciation was expressed to the applicant for submitting it properly and completely. A motion was made to approve the project as submitted without conditions. The motion was seconded and unanimously approved.
The Board made the following findings:
1. The property is in the Agricultural Residential District.
2. The property is non-conforming due to an approximate seven square foot encroachment of the front door stoop into the front set-back (by approximately two feet) but is otherwise conforming.
3. The existing non-conforming single-family dwelling is grandfathered under the current By-Law.
4. Applicant seeks a Special Permit to permit the replacement of a rear main level deck with a new deck that is two feet deeper, but less than the width (side to side) of the current deck area. Neither the existing deck, nor the proposed deck extends into any set-back areas. The overall size of the deck will decrease from 575 sq. ft. to 405 sq. ft.
5. The proposed work will not increase the non-conforming nature of the dwelling on the Lot and will not be substantially more detrimental to the neighborhood.
The hearing concluded at 3:18pm
Submitted by
Melissa Noe, Town Administrator