ZBA Hearing Minutes - 5/25/22
ZBA Hearing Minutes
Address: 7 Buckingham
Date: 5/25/22
Hearing began at: 3:02pm
Members Present: Jonathan Levin, Chair, Gary Shaw, Clerk, Scott Jenssen, Susan Cooper and Michael Banner
Also present: Peter Chait, Maureen Regan, Jessica Reif-Caplan, Brian Bordanaro
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, Conservation Commission, and Board of Health.
Brian Bordanaro, architect for the applicant provided a summary of the proposed project and current home. The new proposed house was designed under section 5.1.6 of our bylaws as a reconstruction.
Jon Levin noted that it was unfortunate that the surveyor did not provide an actual measurement from the new porch deck to the lake. On the lake side of the house Jon inquired if it would be a vertical post; Brian confirmed it would be. The board inquired about where the parking would be; Susan asked about the height of the current home and proposed home. Current is 14’ 3” and proposed is 31’ 6” but Susan said that this didn’t actually go to the roof peak, Brian confirmed that was right and explained the height measurement is per building code which is to the average roof height (actual is 37’ on the lakeside). Susan asked if Brian knew the height of the houses next to it; Brian did not. The applicant has not yet made a decision on which option they will choose that the Conservation Commission gave.
Jon shared his concerns about the lower level office that could be easily converted to a bedroom without a building permit which would be an additional burden on the septic system. The applicant was asked if they would make any concessions to make sure that it could not be a bedroom in the future. Brian explained that it doesn’t have a window so it could never be considered a legal bedroom. The applicant indicated that they would agree to a condition in the Board Decision limiting the use of the house to three bedrooms..
Abutter Maureen Regan seemed to remember that years ago a deed restriction was placed on this property; this is not something the ZBA would have jurisdiction over and would be enforced by the Building Inspector.
Jon was also concerned about the screened porch and stated that the ZBA usually requires the applicant keep a screened porch as a screened porch (no storm panels or glass). The applicant stated that they were willing to agree to such a condition in the Board Decision.
A motion was made to close the public hearing and move to the deliberative phase. The motion was seconded and unanimously approved.
The Board discussed the application and had very few issues with the proposed reconstruction. Jon stated that all of the houses around are at least 1 ½ to 2 stories and noted that the applicant did a good job to minimize the impact on the adjacent properties. The Board noted that the applicant placed the new home outside of the 40’ lake setback, which was an improvement over the existing house which is within the 40’lake setback. Jon would want to require that the surveyor certify to the Building Inspector that the location of the porch deck is at least 40 feet away from the lake. Jon would also want to add conditions that the home remain a 3 bedroom home and that except for winter weatherization the porch must remain a screened porch.
The Board made the following findings:
- The Property is in the Lake Shore district.
- The property is a non-conforming lot due to lack of sufficient frontage and size.
- The existing structure is currently outside all set-backs, except the 40’ lake set-back.
- The proposed new structure will remain outside all set-backs and will be moved outside of the 40’ lake set-back.
- The new structure, after completion in accordance with the submitted plans, will be in keeping with the size, height and location on the lot with most of the neighboring structures.
- 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 demolish the existing single-family home and construct the new single-family home as proposed in the submitted plans. The motion was seconded and unanimously approved with the following conditions:
- Prior to a Building Permit being issued, the Building Inspector shall be provided with a Plan certified by a registered land surveyor that the proposed new structure, including decks, will be located outside the 40’ lake set-back;
- The new home will have no more than three bedrooms.
- The screened porch may only be enclosed during winter months to protect the interior of the same from winter weather.
The hearing concluded at 3:34pm
Submitted by
Melissa Noe, Town Administrator