ZBA Meeting Minutes - 68 Tyringham 11/9/2020

ZBA Hearing Minutes

Address: 68 Tyringham Rd

Date:  11/9/20

Hearing began at: 3:12pm

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

Also present: Chris Tryon, Mark Amstead, Meredith Friedman (virtually) and Josh Chesnow (virtually)

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 a letter from the Conservation Commission. 

Chris Tryon, representative for the applicants presented the project overview.  The property is afforded the 15ft zoning setback.  The northern side is within that setback.  All proposed work will be on the side of the house that does not sit within the 15’setback, and is also outside the current 25ft setback requirement in the zoning district.  The Conservation Commission has issued an order of conditions which has been filed at the registry of deeds.  The existing roofline height relative to the peak will be maintained.

At this point a motion was made to close the public part of the hearing.  The motion was seconded and unanimously approved.

The Board began their deliberations.  It was agreed that the addition was not substantial and was not encroaching into any of the setbacks and was not substantially more detrimental to the neighborhood.  The Board did not see any reason to impose any conditions. 

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 a side set-back.
4. No abutters expressed any opposition to the Applicant’s plans.
5. The applicant has already received Conservation Commission approval of the plans, and has already received permission for the construction of a new septic system from the Board of Health, and the new septic system is substantially complete.
6. The proposed addition will be limited to a 4 foot by 36.5 foot addition on the front of the house, as well as a 5 foot by 7 foot open porch (also on the front of the house), both of which are not on the side of the house that sits within the side setback.
7. The roof for the proposed addition does not increase the height of the roof over the existing roof peak.
8. The house after the completion of the proposed addition will be in keeping with the 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.

A motion was made to approve a special permit to permit the Applicant to construct the addition to the house as proposed in the submitted plans.  The motion was seconded and unanimously approved.

The hearing concluded at 3:21pm

Submitted by

Melissa Noe, Administrative Assistant