ZBA Minutes
Zoning Board of Appeals
Minutes
July 18, 2018
Land Use Meeting Room
Members in Attendance: Acting Chair Robert Fuster, (RF); Al Harper, (AH); Robert Fuster Jr., (RFjr); Clayton Hambrick, (CH); Clifford Snyder, (CS)
Absent with notification, Shawn Leary Considine, (SLC); Ned Douglas, (ND)
Staff present: Peggy Ammendola, Land Use Clerk, (PA); Gwen Miller, Land Use Director, (GM)
The meeting was recorded.
The meeting was called to order at 7:05 PM.
Michael Fay, 37 High Street, (Map 44, Parcel 41), Special Permit under Section 5.3.5 “Nonconforming Single-Family and Two-Family Residential Structures” to extend an existing deck an additional 10 feet toward the back of the property.
Presenting the application were Patricia Fay and her contractor, Jason Candee.
The property is non-conforming. The house is situated at a slight angle on the property and the rear of the house encroaches on the side setback. Mr. Candee said that the deck will be 4 inches closer at the outer most point than existing and the height at the back left corner where the stairs are is five feet above grade. There will be new railing and composite decking.
Tim Kane of 39 High Street, a direct abutter, spoke in favor of the petition. There were no other members of the public present. There was no correspondence.
RFjr made a motion to approve the petition as present. AH seconded the motion. The Board voted to approve 5-0.
Eric and Carol Haythorne, 4 Kemble, (Map 7, Parcel 22-4) Special Permit and/or Variance under Section 9.3 “Accessory Buildings” and Section 6.1.1 “Dimensional Requirements” to construct an accessory garage forward of the residence, or, as alternative, adjacent to the residence.
AH disclosed that he and the Haythornes are friends and they all are members of the Lenox Club, but he feels he can be objective in making a decision on this proposal. RFjr disclosed that he also is a member of the Lenox Club. There were no objections to either sitting.
Attorney Lori Robbins of Heller and Robbins presented the application. She stated that on July 17th the Historic District Commission approved the Haythorne’s application for Option A which is for the placement of the garage in front of the existing home. She described both Option A and Option B in detail. The back side of the home has a steep slope, and would not be a practical location. Option B would put the garage on the side of the home, but the opening of the garage would face Kemble. Option A is preferred as the opening will not be facing Kemble. The garage will be in scale with the home, which is a historic carriage house.
The Haythornes presented their proposal to the Building Commissioner who wrote in a letter of May 25, 2018 the following: “The petitioners’ plans, if executed, would constitute non-compliance with sections 9.3.2 ad 9.3.1 of the Bylaw.” Attorney Robbins referred to Section 9.3.2. which states that since petitioners cannot meet the current dimensional requirement for the lot line setback (as per Section 6.1.1), petitioners may obtain relief from the zoning board by means of a Special Permit that allows encroachment. She explained that given the special circumstance of their case, the petitioners seek a Variance from the requirement in Section 9.3.1 of the Bylaw that would otherwise prohibit their Option A garage being located forward of the house.
AH asked why Option A was preferred. Mr. Haythorne responded that Option B would block the iconic view and the garage opening would face Kimball St.
The Board reviewed the documents provided with the application. They were identified as Exhibits 1 through 10; 11-a through 11-i; 12-a through 12-d; and13.
CS suggested the Board view this as a Variance. There are topography issues, but with a Variance it will make it more difficult for others who may want to have a garage in front of their residence.
Letters of support for the petition from Robert Coakley of Spring Lawn Partners, LLC and Scott Shortt, owner of Kemble Inn were read into the record. Both are immediate abutters.
Karen Beckwith of Bishop Estate spoke in favor of the Haythorne’s request. There were no other members of the public present.
RFjr made a motion to grant a Variance for Option A and a Special Permit under Section 9.3.2. CH seconded the motion and the Board voted to agree 5-0.
Approve Minutes: June 6, 2018-The minutes were approved by consensus.
Respectfully submitted,
Peggy Ammendola