ZBA Hearing Minutes 6/15/2020 - 73 Chestnut Hill Rd

ZBA Hearing Minutes

Address: 73 Chestnut Hill

Date:  6/15/2020

Hearing began at: 3pm

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

Also present: John Szablowski

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 various town boards.

Jonathan Levin explained to the applicant that due to the illness of one of the members only 4 members could attend today which means that a unanimous vote is required to grant the special permit request.

John Szablowski, Camp Director of Hume New England was present to present the project and answer any questions.

Jon explained that his difficulty with the request is that his interpretation of the intent of the town zoning bylaws only allow temporary trailers during construction of a new home for single family residential situations and does not to apply to commercial properties.  John Szablowski countered that the next section of the bylaws states that religious organizations are exempt.

After the presentation was complete the Board closed the public portion of the hearing and began their deliberations.

The Board expressed disappointment that the bylaw was so narrow and acknowledged that their hands are tied to make any changes to the bylaws without town meeting approval.  The Board did acknowledge that the camp may have options under the Dover Amendment but that was beyond the jurisdiction of the Board.

The applicant requested that the Board permit them to withdraw without prejudice.  A motion was made to allow Hume New England to withdraw without prejudice.  The motion was seconded and unanimously approved.

The hearing concluded at 3:35pm

Submitted by

Melissa Noe, Administrative Assistant