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Town of Lenox
Zoning Board of Appeals
Land Use Meeting Room
Minutes
September 3, 2008
Members present: Chair Pam Kueber, PK; Ethan Berg, EB; Shawn Leary Considine, SLC
Clifford Snyder, CS; Ned Douglas, ND
Staff present: Peggy Ammendola, Land Use Clerk, PA
Ethylwynde, Yokun Avenue, Map 12 Parcels 2 & 2-1, Review of Decisions regarding petition filed April 11, 2006, Public Hearing May 3, 2006, continued to May 31, 2006. Decision meeting May 31, 2006. There was a review meeting on Nov. 1, 2006, but was continued to 05/02/07. This Decision has been appealed therefore continued from May 2, 2007, November 7, 2007 and September 3, 2008. As of September 3, 2008, case has still not been decided, therefore continued to March 4, 2009.
Robert and Norma Flynn, 36 Sargent Brook Road (Map 1, Parcel 30), Special Permit Section 5.5 to replace an existing shed. Making the presentation was Peter DiGrigoli. The existing shed is located on the west side of the lot and measures 32’ X 16’. The structure is pre-existing and non-conforming and in disrepair. The applicants wish to remove and erect a new shed at the site of the existing, but the new shed will be 16 feet shorter (eight feet shorter on either end) than the existing shed. The height at the ridge is eleven feet six inches, which is the same as the existing. Ralph Ford, the abutter, said that the shed is actually 10 feet from his property line, not two feet as is stated in the legal notice. Mr. Ford is satisfied with the existing location, but
wanted to be assured that the two feet reference in the legal notice would not give the Flynn’s the authority to move the new shed any closer to Mr. Ford’s property line than the existing shed is presently.
SLC made a motion to grant the petition to allow under Section 5.5 the replacement of an existing shed with the new shed as shown on the plan. The new shed is to be no closer to the neighbor’s property line (west side) than the existing shed. EB seconded the motion. The Board voted to approve 5-0. ND will write the decision.
Jennifer Sagalyn, 40 Sargent Brook Road (Map 1, Parcel 29). Variance, Section 8.4.4 for a reduction in the side line setback requirement to allow the installation of a shed. Ms. Sagalyn thought that Rob Akroyd of Greylock Design Associates would be making the presentation as he had prepared the petition as well as the Request for Determination that was filed with the Conservation Commission. Ms. Sagalyn felt that she could proceed on her own. SLC explained to Ms. Sagalyn that in order for the ZBA to grant a variance, the applicant would have to prove hardship. The shed is presently on the property, having been moved from the applicant’s former residence. The site plan presented does not reflect the desired location. The explanation given by Ms. Sagalyn was that the
site location indicated on the plan changed as a result of the Conservation Commission’s concern of drainage. The Board explained that a current site plan for the new location with all of the set backs for the shed and property dimensions would be required before the ZBA could make a decision; therefore the hearing should be continued. Ann Philips, an abutter, said that the shed in its present location, at the end of her driveway, blocks her field of vision. Ms. Philips said that she understood that the Building Commissioner said that the shed would have to be moved from the illegal site in six weeks. Ms. Sagalyn expressed her dilemma of needing a shed, but not having permission for the shed. The Board explained their position and advised Ms. Sagalyn to work with her neighbors and consult with the Building Commissioner. After considerable discussion, the Board continued the hearing to September 17, 2008 at 7:00 pm.
7:45 p.m. John E. Toole, 117 Main Street (Map 43, Parcel 70), Special Permit, Section 5.3.4.3 (formally Section 7.6 (c) for six square foot sign in a residential district. ( A four square foot is permitted.) Mr. Toole notified the Board that he would be out of town therefore he requested the hearing be continued to September 17, 2008 at 7:30 pm.
Respectfully submitted,
Peggy Ammendola
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