ZBA Minutes

Meeting date: 
Wednesday, September 5, 2018

Lenox Zoning Board of Appeals

Minutes

September 5, 2018

Land Use Meeting Room

 

Members present: Acting Chair Robert Fuster (RF); Al Harper, (AH); Robert Fuster Jr. (RFjr) Ned Douglas, (ND)

Absent with notification: Clifford Snyder, (CS)

Absent without notification:  Shawn Leary Considine, (SLC);

Staff present:  Land Use Clerk Peggy Ammendola, (PA)

 

The meeting was called to order at 7:08 PM. 

 

The hearing was recorded.

 

Christine Regnier, 124 Cliffwood Street (Map 17, Parcel 19, Special Permit under Sections 9.2 and 5.3.3 to allow demolition and reconstruction of a pre-existing, non-conforming barn/apartment behind the existing house, for use as an Accessory Dwelling Unit (ADU) with 800 square feet of interior living space.

 

It was explained that there were only four members of the Board for this hearing, and for a permit to be granted, all four would have to agree.  The Mullin Rule permits a fifth member to participate in making a decision. In order to do so, the hearing would have to be continued and the fifth member would have to listen to the audio of the hearing. 

 

The Applicant, Christine Regnier and her and the Applicant’s attorney, Lori Robbins, agreed to go forward to get a sense of how the Board members felt.   

 

Attorney Lori Robbins presented the application.

 

Present were abutters Dave and Joanne Lane who live next door at 126 Cliffwood.

 

The barn was built in 1897 and is pre-existing non-conforming as to setback.  It sits right on the property line of abutters David and Joanne Lane.  The barn has been used for rental rooms since the 1950s for Tanglewood. The proposal is to demolish the structure and build a new ADU with much of the exterior to look similar to the existing barn and utilizing as much of the existing siding for the rebuild.  Attorney Robbins presented color photos of views from the house. The foot print is almost identical to the existing, but the new structure will be 3 feet in from the property line to be less non-conforming.  Attorney Robbins reviewed the requirements of Sections 9.2 and 5.3.3 to illustrate why she felt that this proposal met the Zoning By Law.  Ms. Regnier has provided a notarized affidavit stating that she will occupy one of the dwelling units on the premises as the her primary residence. Provided the permit is granted, this affidavit will be recorded with the Decision at the Registry of Deeds.

 

Attorney Robbins also reviewed the square footage of the footprints of both this structure and the residence and stated that in the application the figure of .54% of lot coverage was incorrect as it is actually .05%. This is well below the 20% lot coverage allowed.

 

The total square footage of the ADU is 800 sf; 702 square feet on the first floor and 98 square feet for the loft. This is compliant with the Zoning By Law.  Two parking places will be provided for the ADU. 

 

Ms. Regnier has approached neighbors on Cliffwood Street and seven have signed that they support this application.  They are: 

118 Cliffwood B. Roberts

117 Cliffwood M. Usow

129 Cliffwood Mark Smith

131 Cliffwood Swindlehurst

133 Cliffwood Eli Williams

134 Cliffwood Unable to make out signature

106 Cliffwood Schulze

 

Note: The addresses are legible, but not all signatures. Ms. Regnier was able to provide the names to the Board.

 

Family members have stayed in the barn, but Ms. Regnier hasn’t rented it. Previous owners have. 

Her son has been the most recent, having lived there about 2 years until this last spring.  It is a two bedroom structure. 

 

AH referred to the plot plan provided with the application and questioned why the proposed structure could not be moved further down, east, and rotated so that the entrance would face Cliffwood and be placed in the middle part of the back yard.  Ms. Regnier replied that that area is forested all the way back to Kennedy Park and the trees are huge. She disagreed with AH that trees could be removed.  AH clarified that in May of this year, Ms. Regnier had asked for a variance, but is now asking for a Special Permit. (Ms. Regnier withdrew that previous application.)

 

ND suggested a site visit. AH agreed as he is not convinced that the proposed location for new construction is the best possible location. Ms. Regnier said that the area AH had suggested is the location of an upgraded drainage system she had spent “tens of thousands of dollars” about 2 years ago. Putting the new structure there would block her view of the forest and removing trees would be cost prohibitive.

 

Mr. Lane spoke in favor of the ADU if it meets the bylaw, but he does not feel that three feet off of the property line is sufficient. He is concerned that this could be a problem when/if he should decide to sell his property. An egress door is shown on the plans that would be on that side. Ms. Regnier said that she doesn’t want that door and since there are two other doors there is no requirement for it.

 

AH and RFjr advised the proponents that it is important that what is submitted to the Board is what will ultimately be constructed and asked that revised drawings be submitted to show exactly what is proposed. 

 

AH also suggested that one parking space one be rotated and the building could be moved.

 

ND made a motion to have a site visit on September 12th at 6:00 PM and the hearing be continued to September 12th at 7:00 PM.  The Board voted to agree 4-0.  The proponents asked that five members be available.  The Board asked that a representative from Bay Area Design be at the site visit and also encouraged Mr. Lane to attend. The Board also asked that the area for the proposed structure be staked.

 

Approve Minutes: August 22, 2018-The minutes were approved by consensus.

 

RFjr made a motion to adjourn at 7:55 PM.  ND seconded. The Board voted to agree 4-0.

 

Respectfully submitted,

Peggy Ammendola