ZBA Meeting Minutes 3/8/21
ZBA Remote Hearing Minutes
Address: 271 Main Rd
Date: 3/8/21
Hearing began at: 3:03pm
Members Present Remotely: Jonathan Levin, Chair, Gary Shaw, Clerk, Scott Jenssen, Susan Cooper and Michael Banner
Roll call was taken. Present remotely: Jonathan Levin, Chair, Gary Shaw, Clerk, Scott Jenssen, Susan Cooper and Michael Banner
Also present remotely: Mickey Jervas, Adam Chait, Peter Pucilowski, Lisanne Finston, Peter Chait, Dan Andrus, Chris Tryon
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.
Attorney Pucilowski, representative for the applicant presented the project details along with applicant Adam Chait. They believe this qualifies as an essential service. If considered a change in a non-conforming use it will have less of an impact than an active auto repair facility.
The Board discussed the special permits for the property issued in 1977 and 1982. The Board questioned whether a non-conforming structure could have an addition. It was unclear whether the Board could grant 2 separate uses (non-conforming). There were questions on whether the proposal could be considered a warehouse. Adam stated that he would not be using this as a warehouse.
Per the definitions in the bylaws Fiber Connect would not meet the requirement of an essential service.
Parking requirements were discussed and whether relief may need to be granted. The table of parking requirements was reviewed.
Abutter Mickey Jervas had concerns about the property in between the garage and her property recently purchased by the father of the owner of Fiber Connect. Adam couldn’t comment as he doesn’t own it and has no intention of running a business on that lot as it is owned by his father.
There were inquiries if a storm water runoff plan would be submitted and if a test would be performed to make sure that there weren’t any leaks into the property that may need to be remediated. Adam stated that a 21E has not been performed to determine if there is any contamination on the property by a licensed site professional.
The Board is being asked to permit a non-residential use in a residential zone. There are still items that need to be addressed and the Board needs to determine whether they should continue the hearing allowing for the applicant to provide this information or to enter deliberation and vote today with conditions.
Concerns: Condition of soil under building and alongside, storm water plan dealing with runoff from the site and where it will go, if it will require a retention system with oil separation, lighting, impact of the public water supply which is part of the Roadside Store.
Chris Tryon commented that some of the items will be addressed with the Planning Board through the site plan review. The entire site is outside of the zone 1 (critical area). Once they file the permits with the Board of Health DEP will have to give their approval. If within 200ft of the river the applicant will be required to file with the Conservation Commission as well.
Historically applicants have been required to go before the Boards prior to having the Board vote on their request.
It was suggested to continue the public hearing to a minimum of 6 weeks. The applicant so requested.
The hearing was continued to continue to April 27th at 3pm. Unanimously voted. Will be virtual.
Commercial non-conforming uses in residential zones. Administrative meeting.
The hearing adjourned at 4:22pm
Submitted by
Melissa Noe, Administrative Assistant