ZBA Hearing Minutes 32 Sylvan Rd

ZBA Hearing Minutes

Address: 32 Sylvan Rd

Date:  9/29/21

Hearing began at: 3:13pm

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

Also present: Kerry Bartini, John & Yvonne Gumowitz, Gerard Clarin

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 and Board of Health.

Kerry Bartini, Architect for the Gumowitz’s provided a summary of the current state of the property how they are proposing to improve the property and resolve certain structural safety issues.  Ms. Bartini stated that the proposal is in keeping within the current aesthetics of the property.  The screen porch will not be four season and will be open underneath using the same decking material as the adjacent deck.

The Board let the applicant know that the outdoor shower is problematic because the ZBA is very resistant to allowing any encroachment into the setback.  The staircase, slightly extended in comparison to the current staircase, does not seem to be an unreasonable ask since the staircase needs to be brought to compliance with the building code.  The applicant stated that they were agreeable to moving the shower and connecting it to the septic so that it is no longer in the setback.

Gerard Clarin abutter at 37 Sylvan Rd came to speak in favor of the project.

A motion was made to close the public portion of the hearing and begin deliberations.  The motion was seconded and unanimously approved.

The board commended the applicant for staying within the envelope of the existing property and proposing such a modest change.

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 does not have the benefit of grandfathered 15’ side set- backs, and therefore the side set - backs are 25’.
4. The existing structure currently encroaches within the south-easterly side set-back.
5. The proposed addition will be limited to a 144 sq. foot single story addition, at the front (street side) of the existing structure, and the addition does not encroach within any set-back.
6. All other changes to the structure will be within the existing footprint of the foundation (to be reconstructed); the height of the roof will not exceed the current roof height and the lake side porch and deck will be replaced with a new structure of the same size and basic design as the currently existing porch and deck, with the exception of a more integrated and weather protective roof.  The proposed new porch is intended as a screened porch.
7. The proposed outdoor shower is within the south-east side set-back
8. The house after the completion of the proposed addition will be in keeping with the size, height and location on the lot with neighboring structures.
9. The proposed relief to be granted is not substantially more detrimental to the neighborhood.

A motion was made to approve a special permit to permit the Applicant to construct the addition and other improvements to the house as proposed in the submitted plans, subject to conditions.  The motion was seconded and unanimously approved with the following conditions:

1. The out-door shower may not be located on the southeast side of the house, but may be relocated to any other side of the house, so long as it is not constructed within a set-back area, and the drainage for the out-door shower shall be tied into the septic system; and
2. The screened porch shall be used seasonally and shall not be heated, insulated or otherwise winterized (except for the limited purpose of placing glass or plastic inserts into the screened areas to protect the screened porch from winter conditions).

The board concluded that the request was in harmony with the general purpose and intent of the Bylaws and will not be injurious, noxious, offensive or detrimental to the neighborhood or town.

The hearing concluded at 3:38pm

Submitted by

Melissa Noe, Town Administrator