ZBA Minutes - 10 Northwest Cove Rd

ZBA Hearing Minutes

Address: 10 Northwest Cove

Date:  8/31/21

Hearing began at: 3:39pm

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

Also present: Alexandra Glover, Don Bernard, Matt Puntin, Chapin Fish, Pamela Sandler, Ethan Klepetar

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 and Board of Health.

Alexandra Glover representing the future buyer explained that a special permit to reestablish the use of the property as a single family home was issued last year with the condition that 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.

Matt Puntin then provided a summary of the proposed project.  Matt stated the Conservation Commission approved the previous set of plans from 2015-16 which was then granted a 3 year extension to 2024 with the caveat that an updated set of plans be submitted for final approval.  Pam Sandler then provided a summary of the building construction.

At this point the board voted unanimously to close the public portion of the public hearing and began their deliberations.

The Board acknowledged that an effort was made by the architect to make the front of the house look like a Berkshire cottage but the back looks like a very large, glass filled structure and this is a concern (light emission, reflectiveness).  The architect and engineer clarified questions about the lowest level of windows and the veranda and confirmed that all the windows on the two lower levels will be shadowed.  Types of landscape botanical screens that could be planted were discussed.

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 Board by Special Permit dated 9/2/2020 approved the property for a single family home, but required the owner to obtain another Special Permit relative to any construction thereon.
4. The proposed new home is a substantial increase in habitable square footage over the prior structure, based on the Assessors Records.
5. The property is a large lot in relation to most lots in the Lake Shore District, and therefore the size of the structure is in keeping with the size of the property.
6. The Board determined that the proposed structure substantially meets the provisions of Section 5.1.4 of the By-Law (with the condition imposed by this Decision), with the exception of #3 (increase in square footage of total habitable square footage) but overall, the proposed structure will not be substantially more detrimental to the neighborhood.
7. Two abutters submitted letters acknowledging their approval of the proposed plans.
8. 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 house as proposed in the submitted plans, subject to the following conditions:

1. Applicant receive Board of Health approval for a septic system and well before issuance of a Building Permit;
2. Applicant receive Conservation Commission approval for the definitive site plan as submitted to the Board;
3. Should either of A or B result in the re-location of the footprint of the structure in any way, Applicant shall be required to re-submit a new Special Permit application for approval; and
4. Prior to a Certificate of Occupancy being issued, Applicant shall install a vegetation screen of no less than four feet in height at the lake side edge of the ground floor patio/lawn area, running the full width of the finished lower level.  Applicant shall maintain and replace said vegetation screen perpetually.

The motion was seconded and unanimously approved.

The hearing concluded at 4:40pm

Submitted by

Melissa Noe, Town Administrator