ZBA Meeting Minutes - 12 Hebert's Cove 8/20/2020
ZBA Hearing Minutes
Address: 12 Hebert’s Cove
Date: 8/20/20
Hearing began at: 3:24pm
Members Present: Jonathan Levin, Chair, Gary Shaw, Clerk, Scott Jenssen, Susan Cooper and Michael Banner
Also present: Peter Chait, Dan Moriarity, Mrs. Moriarity, 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 town Boards and interested parties. Included was a letter from the Health Agent stating that the septic system would need to be approved for the proposed construction
Brian Bordanaro of Clark & Green Architects, representative for the applicant, summarized the project proposal. Applicant represented that the subject property and adjacent homes on Hebert’s Cove share a septic system and well.
Jon explained that the Board has been reluctant to approve significantly expanded or new construction when the applicant does not remove a non-conforming structure from within set-back violations. The Board questioned whether the current shared septic system could accommodate what appears to be a fourth bedroom (currently labeled as an office on the submitted plans).
The Board expressed concerns that all this effort was made to build a new house and no effort was made to eliminate the setback infringement. The applicant confirmed that Applicant has received approval of the plan from the Conservation Commission.
A motion was made to close the public hearing and enter the deliberative phase which was seconded and unanimously approved.
The members deliberated whether or not they were comfortable with the proposed new home remaining in the setback and the substantial increase in square footage in relation to the existing home. Board members itemized their concerns with the current proposal which included but were not limited to; Continued encroachment, size of structure, potential 4th bedroom and all of the issues that flow from those items.
At that point, the Applicant made a request to the Board to continue the hearing to a future date to permit the Applicant to review its plans and consider whether applicant wanted to revise them before the Board makes a decision.
A motion was made to accept the applicant’s request to continue the hearing. The motion was seconded and unanimously approved. The hearing was continued to 3:15pm on September 28, 2020.
The hearing concluded at 4:45pm
After the hearing, the Board determined that there was a conflict with the extended hearing date of September 28, 2020, and with the Applicant’s permission, the Board rescheduled the continued hearing from September 28, 2020 to September 16, 2020 at 3:15 pm. Notice of the change of hearing date shall be posted on the Town website and on the Town’s Notice Board at Town Hall.
Submitted by
Melissa Noe, Administrative Assistant