ZBA Hearing Minutes 30 Prescott Lane 6/7/23

Minutes of the Zoning Board of Appeals 6/7/23

Meeting Date: June 7, 2023

Meeting Opened at 3:05 pm

Zoning Board of Appeals Members present: Jon Levin, Chair, Susan Cooper, Scott Jenssen, Gary Shaw, Michael Banner

Zoning Board of Appeals Members absent: None

Also Present: Nicholas Arienit,  Darrin and Lisa Morino, Brent White (whiting engineering), Ben Leedy

Also Present Remotely:

Call to Order 3:05 pm

ZBA Continued Hearing for 30 Prescott Lane

Jon provided a recap of the previous meeting, which was a public hearing.  He reported that an updated plan with the date of June 1, 2023 was presented to the Zoning Board.  Nick reported that in the plans the entire house was shifted back approximately six and a half feet, which decreased the intensity of the current encroachment concerns.  Brent discussed moving the tight tank further away from the lake to ensure that it would not be a weak spot with all of the construction being conducted and so it would ensure that it would be further from the lake.  The new tight tank will be 2500 gallons, which is the proposed requirement for a three- bedroom house. 

Jon inquired about the windows in the roof peaks asking if it would be an inhabited space.  Ben reported that the windows were for accent purposes and there would be fire hatches, but no inhabited space. 

Gary made a motion to close the public hearing.  Michael seconded.  Call a vote: Susan-yes, Scott-yes, Gary-yes, Jon-yes, Michael-yes.  Public hearing closed at 3:13pm.

Deliberative Phase

Jon said that the applicant has made significant effort to recognize the concerns of the Board.  Jon asked that Counsel provide a proposed deed restriction, and he has received a draft of a deed restriction, but said he would need to review it more closely and consult with Town Counsel.  The deed restriction states that there will only be three bedrooms in the house.  Gary thanked the applicants for compromising and creating a plan that will satisfy both parties. 

Jon brought up the issue of low glare glass, and reviewed the discussion of how this may not be as easily sourced.  Jon suggested a condition that the applicant will install low glare glass if feasible for the portion of the house facing the lake side.  Jon proposed that any outdoor lighting be down-lit in hopes of minimizing the impact on the lake and on other homes surrounding the lake. 

Jon moved to approve the special permit subject to three conditions: a deed restriction in favor of the Town running with the land be recorded with the registry of deeds limiting the number of bedrooms to three, to be approved by the Chair and or subject to Town Counsel’s final approval if necessary; the applicant will consider and install, if feasible, low glare glass on the lake side; and that any outdoor lighting on the lake side be down-lit and not project out towards the lake.  Susan seconded.  Call a vote: Susan-yes, Scott-yes, Jon-yes, Gary-yes, Michael-yes.  The Special Permit was unanimously approved by the Board pending the identified conditions. 

The Board made the following findings:

1. The property is in the Lakeshore District and its only access is over a right of way from Pixley Road.  The property has no legal frontage on a public way.
2. The property is non-conforming due to lot size, frontage and a non-conforming single-family dwelling and shed on the lot due to encroachments within the side and lake front setbacks.
3. The lot and existing non-conforming single-family dwelling are grandfathered under the current By-Law.
4. Applicant seeks a Special Permit to permit demolishing the existing single-family dwelling and to construct a new two-story single-family dwelling with a larger footprint, but less intrusive to the lake front set back, and not more intrusive into the side setbacks.
5. Under Applicant’s proposal, the habitable area of the dwelling would increase by approximately 1,540 square feet and the lot coverage would increase from 9% to 17% (less than the 20% maximum permitted by the by-law).
6. The proposed work will not increase the non-conforming nature of the dwelling on the Lot, will move the dwelling further out of the lake front setback, will not be substantially more detrimental to the neighborhood and will not substantially increase the incidence of glare and night operation.

The Board made the following conditions:

1. Tight septic tank shall be relocated in accordance with the filed Plan, and applicable local, state law and regulations.
2. Before any building permit may issue, Applicant shall record a Deed Restriction substantially in the form presented at hearing after approval by the Chair and/or Town Counsel, limiting the dwelling to no more than three bedrooms.
3. Applicant will consider and install, if feasible, low glare glass on the lake side of the dwelling.
4. Outdoor lighting on lake side of dwelling will be downlit and not project out towards the lake.

Jon reported that the written decision will be available in approximately 10 days.  From here the applicant would be responsible to record it after the applicable period has passed once it has been filed with the Town Clerk. 

Jon made a motion to adjourn the Zoning Board of Appeals Hearing at 3:23pm.  Susan seconded.  Call a vote: Susan-yes, Scott-yes, Jon-yes, Gary-yes, Michael-yes. 

Submitted by,

Laurie McArthur