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ZBA Meeting Minutes - 12 Heberts Cove 9/26/2020

Meeting date: 
Wednesday, September 16, 2020

ZBA Hearing Minutes

Address: 12 Hebert’s Cove

Date:  September 16, 2020

Hearing began at: 3:15pm

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

Also present: Hanni Rosenzweig, Brian Bordanaro

This hearing was reopened from the original August 20th date.  A motion was made to reopen the public portion of the hearing so that the new documents could be reviewed.  The motion was seconded and unanimously approved.

Brian Bordanaro of Clark and Green architects was present to review the revised plans submitted that now conform to all setbacks.  They are requesting an increase in height and relief for an on grade patio in the lakeside setback.  The increase in height requested is just over 11 feet and the area of the proposed patio is just under 200 square feet made of stone with impervious material in-between.  The previously labeled office has been renamed a bedroom.  The Board stated that this change should be relayed to the Board of Health and in theory since a new house is being built an updated title v may be required.

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

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 existing structure currently encroaches within side and front set-backs.
  4. No abutters expressed any opposition to the Applicant’s plans.
  5. The new proposed structure has been designed and situated on the lot, such that there will be no set-back violations of any kind.
  6. The new proposed structure is 11.5 feet higher than the current structure, and there are no neighboring structures which will be impacted by the increased height of the structure.  The height is still well below the maximum height permitted under the by-law.
  7. The Applicant has properly identified all rooms within the structure which could be used as bedrooms, totaling four in the proposed plans, representing an increase of one bedroom from what is currently in the existing structure.
  8. The proposed structure is in keeping in 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.
  10. The proposed stone patio is approximately 200 Sq. feet, has some impervious elements to it, and does not, for any practical purpose, constitute a structure.

 

A motion was made to approve a special permit to permit the Applicant to construct the new house as proposed in the amended plans and to construct the new stone patio, with conditions.  The motion was seconded and unanimously approved.

The Board set the following conditions:

A building permit may not be issued unless and until the Board of Health has determined, in writing, that (i) the common septic system servicing the property meets all required septic system standards and (ii) that the increase of one additional bedroom in the new structure can be accommodated by the existing system; and if not with respect to either of the aforesaid, that the Applicant make any improvements or changes to the septic system required by the Board of Health.

The hearing was unanimously adjourned at 3:35pm