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Zoning Board of Appeals Minutes,10/03/2007

Town of Lenox
Zoning Board of Appeals
Land Use Meeting Room
Minutes
October 3, 2007

Members present: Pam Kueber, PK; Cliff Snyder, CS; Ned Douglas, ND; Daniel Mintz, DM; and Jim Overmyer, JO, Shawn Leary Considine, SLC

Buccaneer Development, Inc., 12 East St., Map 4 Parcel 34, SP under Section 9.6 to construct 16 duplex buildings containing two dwelling units and two buildings each containing one single family dwelling unit.  Units restricted to person 55 years of age or older. Continued from August 15, 2007, September 5, 2007.  Sitting are :  PK, CS, JO, SLC, and DM.

DM, who was not present at the September, 5, 2007 hearing, listened to the recording of that hearing prior to this meeting.

PK started the meeting by explaining to all present that typically hearings do not drag on, but that the petitioner does have the opportunity during the process to make changes to their site plan. However, if changes are dramatic, the Zoning Board may require a new petition.  She assured opponents to the petition that adequate time would be given to all to review changes and to make comments.  Also, another site visit will be considered if necessary.

Sarah Schulze, of SK Design, was present.  The petitioners requested a continuance of the hearing.   SLC made a motion to continue the hearing to October 17, 2007 at 7:10 pm.  CS seconded the motion.  The Board voted to approve 4-0.  

Linda Messana, 112 Walker Street, Map 40, Parcel 34. Special Permit under Section 8.4 (6) to allow installation of shed at the rear of a garage. Continued from September 5, 2007. ND, who was not present at that hearing, listened to the audio tape prior to this continued hearing.  Sitting for this hearing were: PK, SLC, CS and ND

Presenting the application was Linda Messana.  She presented complete packets for the members including a plot plan.  Included was a letter from the Building Inspector October 2, 2007 which clarified that the petition should have been filed for a Special Permit under Section 5.5 as the shed is attached to the rear of the garage, and not a separate accessory building.  

Ms. Messana stated the existing garage is on the property line and the side of the attached shed will be 12 feet in from that property line.  

PK sought clarification for the relationship of the next house nearest the garage and how far would the rear wall of the shed would be from the back property line.  (The plot plan did not show the structures or the distances from setback lines.)  Ms. Messana said that the house next door is thirty feet away from the garage and rear of the shed is well within the setback, 60 to 65 feet from the rear property line.  There is no common wall between the house and garage.  (There is a breezeway which joins the two.)

SLC made a motion to grant the petition for SP under Section 5.5 to add the shed to the rear of the garage.  CS seconded the motion and the Board voted to agree 4-0.

Other business:
MA spoke to the Board about streamlining the procedure for filing an application with the Zoning Board of Appeals by having something in writing from the Building Inspector which rejects the issuance of a building permit, and cites the section from which an applicant should apply for a Special Permit or Variance.  MA said that Bill Thornton, the Building Inspector is willing to take this step.  The Board agreed that this would be very helpful, especially with small projects, or those in which attorneys were not representing the applicant.

ND made a motion to adjourn the meeting and CS seconded the motion.  The Board voted to agree 4-0.
Respectfully submitted,
Peggy Ammendola




 
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