ZBA Hearing Minutes - 32 Laurel Banks 11/14/23

ZBA Hearing Minutes

Address: 32 Laurel Banks

Date:  11/14/23

Hearing began at: 3pm

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

Also present: Mary Trott, Gino Furio

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.

Gino Furio, contractor for the applicant reviewed the proposal to rebuild and extend an existing deck. The existing deck and the rebuilt and extended deck fully encroach into the 40’ Lake Setback under the Zoning By-Law.  Jon stated that the applicant failed to provide detailed plans which should include elevations and existing floor plans. Jon noted that the applicant did not take advantage of the application review process which would’ve determined any application deficiencies prior to the hearing. The Board discussed with the applicant the information that was missing in order to determine if more detailed plans would be required.

The Board discussed with the applicant other options for new footings. The contractor was open to a cantilever design.

A motion was made to close the public hearing and move into the deliberative phase.  The motion was seconded and unanimously approved. The Board discussed their concerns with regard to the 40ft setback requirements and the deck encroachment into the setback.

A motion was made to approve the Special Permit.  The motion was seconded, but no vote was taken. Further discussion ensued with respect to the issues raised by the deck encroachment into the Lake setback. It was agreed that the Board would go back to look at past permits that may have been granted or denied that were similar in nature to compare to this proposal and examine the precedent set, and the applicant agreed to request a continued hearing. A motion was made to withdraw the motion, the motion was seconded and the motion to withdraw the prior motion was unanimously approved.

A motion was then made to suspend the deliberative phase and go back into the public hearing phase to discuss dates to continue the hearing to.  The motion was seconded and unanimously approved. Scott and Michael will review permit requests back to 2011 and compile a report for the Board to review.  The applicant requested that the hearing be continued.

The Board voted unanimously to continue the hearing to 2:30pm on January 17, 2024.

The hearing concluded at 4pm

Submitted by

Melissa Noe, Town Administrator