ZBA Hearing Minutes 3/15/22
Meeting date:
Tuesday, March 15, 2022
ZBA Hearing Minutes
Address: 10 Northwest Cove
Date: 3/15/22
Hearing began at: 3pm
Members Present: Jonathan Levin, Chair, Gary Shaw, Clerk, Scott Jenssen, Susan Cooper and Michael Banner
Also present: Pamela Sandler and Attorney Glover
This was a continued hearing originally scheduled for March 10, 2022, at which time the hearing was commenced for the sole purpose of continuing the hearing to March 15, 2022 due to scheduling conflicts of certain members of the Board. The hearing began with Jonathan Levin, Chair, explaining the hearing process and then Gary Shaw, Clerk, read letters from the Planning Board, Conservation Commission, and Board of Health.
Pamela Sandler and Attorney Glover were present to review the project. Pamela did state that the applicant has received all the necessary approvals from the Conservation Commission and will supply all that documentation. The application is for an amendment to a special permit granted in September 2021 (SP#22-1). Applicant is seeking an amendment to the October 2021 Special Permit due to the need to make modest changes to the footprint of the dwelling and the design of the house in the final design stage. The October 2021 Special Permit decision required the applicant to seek further permission from the Board in the event the footprint of the house changed with final design. The revised plans do not encroach on any required set-backs and the sole non-conforming nature of the property and proposed project is the lot size/frontage. The Board and the Applicant discussed the modest changes made to the footprint (and the Applicant’s reasons therefore) and confirmed that all concerns expressed by the Board within the original October 2021 Special Permit process were similarly addressed and incorporated within the new plan.
The Board voted unanimously to close the public portion of the hearing and begin their deliberations.
After discussion and confirmation that all concerns addressed within the October 2021 Special Permit approval were also addressed and incorporated within the new plan, the Board made 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 is a large lot in relation to most lots in the Lake Shore District, and therefore the size of the structure is in keeping with the size of the property.
4. The Board determined that the proposed structure substantially meets the provisions of Section 5.1.4 of the By-Law (with the condition imposed by this Decision), with the exception of #3 (increase in square footage of total habitable square footage) but overall, the proposed structure will not be substantially more detrimental to the neighborhood.
5. The proposed relief to be granted is not substantially more detrimental to the neighborhood.
A motion was made to approve the project as submitted with conditions. The motion was seconded and unanimously approved.
The Board set the following conditions:
1. Before a Building Permit can issue, the applicant must have obtained an Order of Conditions issued by the Monterey Conservation Commission.
2. The applicant must receive or provide evidence of approval for a well from the Monterey Board of Health before issuance of a building permit.
3. Should a re-location of the footprint approved in this Application be made of the structure in any way, Applicant shall be required to re-submit a new Special Permit application for approval; and
4. Prior to a Certificate of Occupancy being issued, Applicant shall install a vegetation screen of no less than four feet in height at the lake side edge of the ground floor patio/lawn area, running the full width of the finished lower level. Applicant shall maintain and replace said vegetation screen perpetually.
The hearing concluded at 3:25pm
Submitted by
Melissa Noe, Town Administrator