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ZBA Hearing Minutes 8/20/2020 - 10 Northwest Cove Rd

Meeting date: 
Thursday, August 20, 2020

ZBA Hearing Minutes

Address: 10 Northwest Cove

Date:  8/20/20

Hearing began at: 2pm

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

Also present:  Ethan Klepetar, Matt Puntin, Don Bernard, David Ehrlich

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 town Boards and interested parties.

Following documents were submitted to the Board:

  1. Application dated June 10, 2020;
  2. Plans to Accompany Permit Application dated March 8, 2019 and July 14, 2020;
  3. Publication, Letters and Comments read into the public record

Ethan Klepetar, attorney for the applicant summarized the details of the request for a special permit as well as a history of the property.  Matt Puntin then provided a slightly modified version of the plans and walked the Board through the proposal.  The original house was demolished in 2018.  More than two years elapsed between the demolition of the house and applicant’s request for a building permit to construct a new house.  Matt stated that several years ago the Conservation Commission issued an Order of Conditions for the proposed project.  The applicant does not have an exact house plan to present as the property may be sold and the new buyers may want to design something else.  The applicant is proposing the house and garage be located somewhat centrally on the lot.  Matt reported that perc tests have been performed on the property and it perced well.  They are requesting permission to build a single family home on the lot but they do not have the specifics of the house that may be built.

Ethan explained that this hearing is to request permission to reestablish the use and structure pursuant to Section 5.1.7 of the By-Law.

The Board expressed that it is at a disadvantage as they were provided no materials showing what was there before with regard to height, footprint and a number of other things.  There are questions on whether the bylaw and applicable state law would allow the Board to do anything other than to approve replacing what was previously there.  A pre-existing, non-conforming lot can, under certain circumstances, be built on, but the Board would be reticent to approve a proposal this vague.

The applicant made a request to revise their original special permit request to the following: Seek permission to solely reestablish the non-conforming use of the property as a single family residence.  The issue of re-establishing the structure will be left to a separate hearing.

At this point the public part of the hearing was closed and the deliberative part began.  A motion was made and unanimously approved.

Several Board members had concerns that this might be a run around by having already demolished the home and then letting the 2 year timeframe pass before beginning construction of the new home.

The Board made the following findings:

  1. The Property is in the Lake Shore district.
  2. The prior structure existing on the property was demolished by the applicant in excess of two years ago.
  3. The property is a non-conforming lot due to lack of sufficient frontage and size.
  4. In order to re-establish the use of the property as a single family use, the applicant must obtain a special permit pursuant to Section 5.1.7 of the By-Law.
  5. In order to re-establish the structure on the lot, the applicant must obtain a special permit pursuant to Section 5.1.7 of the By-Law.
  6. The Board is unwilling to approve the re-establishment of the structure on the lot without definitive plans for the new structure.
  7. The Board was willing to approve the re-establishment of the use of the property as a single family use with conditions.

A motion was made to approve a special permit to reestablish the use of the property as a single family use with conditions.  The motion was seconded and unanimously approved

The Board set the following conditions:

  1. A building permit may not be issued for any proposed structure, nor may any structure be constructed on the property, prior to the property owner first obtaining a special permit or other zoning relief for such structure, pursuant to Section 5.1.7 of the By-Law.

The hearing concluded at 3:15pm

Submitted by

Melissa Noe, Administrative Assistant