ZBA Hearing Minutes - 32 Laurel Banks 1/17/24

ZBA Hearing Minutes

Address: 32 Laurel Banks

Date:  1/17/24

Hearing began at: 2:33pm

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

Also present: Gino Furio

The continued hearing began with Jonathan Levin, Chair, refreshing the record relative to the reason for the hearing continuance. The Board reviewed the materials Michael Banner researched with regard to previous permits issued that encroached into the 40ft Lake setback.

Jon told the Board that since the original hearing he did some of his own reflection on the question before the Board and the Board’s consistent common efforts to have proposed projects moved out of the Lake setback as much as possible, and the Board’s willingness to grant other relief in recognition of such efforts by applicants. This application does not offer any proposed situations where relief could be granted.

Gino Furio, contractor for the applicant stated that nothing has changed with their proposal

A motion was made to close the public portion of the hearing and enter the deliberative phase.  The motion was seconded and unanimously approved.

The Board felt that consistency is important and that if they were to approve this request it would set a precedent even though it was acknowledged that this was not an abusive request.  Members of the Board expressed the difficulty in balancing the strong bias in favor of enforcing the Lake setback and the relatively small proposed additional encroachment.

A motion was made to vote to either grant or deny the permit as submitted. The motion was seconded. Roll call vote was taken; Scott Jenssen, deny, Susan Cooper, deny, Gary Shaw, deny, Michael Banner, deny and Jon Levin, deny. The permit request was unanimously denied.

The Board makes the following findings:

1. The property is in the Lake Shore District.
2. The property is non-conforming due to lot size, frontage and setbacks and the current residence already encroaches into the 40’ lake set-back.
3. The existing non-conforming single-family dwelling is grandfathered under the current By-Law.
4. The Applicant seeks a Special Permit to slightly expand the existing Lake side deck by three (3) feet (the length of the residence) towards the Lake and further into the Lake setback.
5. The Lake setback is a particularly sensitive area and is intended to protect the Lake and to limit the massing of structures along the Lake frontage.
6. The proposed work will increase the non-conforming nature of the dwelling on the lot and will increase the risk to the Lake, inconsistent with the intent of the Lake setback requirement, and thus would be substantially more detrimental to the neighborhood.

The hearing concluded at 2:54pm

Submitted by

Melissa Noe, Town Administrator