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ZBA Minutes - 19 Buckingham Lane

Meeting date: 
Tuesday, August 31, 2021

ZBA Hearing Minutes

Address: 19 Buckingham Lane

Date:  8/31/21

Hearing began at: 3pm

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

Also present: Brian Bordonaro, Glenn Wall

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.  One abutter submitted a letter opposing the project (Glenn Wall of 15 Buckingham).

As a matter of complete transparency, Gary Shaw advised he was once an employee of Mr. Cooney’s father.

Brian Bordonaro, representative for the Cooney’s presented the proposed project to add 23 sq feet.  The project will not require any excavation and will have very little disturbance.  Brian states that the Conservation Commission has approved the project.

Mr. Wall, abutter also expressed concerns about this allowing more rainwater to runoff into the lake.  Jon Levin explained that the Zoning Board only deals with zoning issues however they are cognizant of impervious surfaces.

The Board asked what the Conservation Commission required of the applicant due to the large parking area being added (Jon pointed out that this area does not fall under ZBA jurisdiction).  Brian confirmed that there is a proposed area calling out for specific plantings to the west of the septic field.  M. Noe looked up the Conservation Commission minutes as they did not submit an opinion and it appeared that they Commission did not have any issues with the proposal as submitted.

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

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 both side set-backs.
  4. The proposed addition will be limited to a 23 sq. foot single story addition, within the existing footprint of a deck to be removed, and the encroachment within the side set back will not be increased by new construction.
  5. 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.
  6. 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 3:34pm

Submitted by

Melissa Noe, Town Administrator