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Zoning Board of Appeals Minutes 11/3/09
Becket Zoning Board of Appeals
Approved Minutes
Tuesday, November 3rd, 2009

Board Members Present: Joshua Lombard;Chairperson, Robert Gorden;Clerk,  Barbara Stuhlman , Susan Schneider, Mark Burgwardt.

Board Members Absent:  Beth VanNess
Members of the Public Present: Robert McMahon  

Meeting called to order:  7:00 p.m.  

Review and Acceptance of  October 6th, 2009 Meeting Minutes – Ms. Schneider makes a motion to approve  amended minutes from  October 6th , 2009. Mr. Robert Gorden seconds motion; Unanimous Approval.

Public Hearing: Mr. William Cichaski, 27 Western Ave, Map 211, Lot 86.
Mr. Robert Gorden makes a motion to continue hearing, Ms. Stuhlman seconds motion; Hearing Continued.

Public Hearing: Mark L. Bye, 3509 Jacob’s Ladder Road, Map 202 Lot 47.
Hearing opens at 7:10 p.m.
Chairperson, Joshua Lombard opens the public hearing and introduces board members present. Mr. Lombard asks if there is anyone present that has a conflict of interest, hearing none, Mr. Lombard confirms that a quorum has been established. Mr. Lombard confirms with the secretary that all fees have been paid and that proper advertising and posting procedures have been followed.
Mr. Robert McMahon, architect for Mr. Mark Bye , approaches board members and displays plans for their viewing. Mr. McMahon briefly states what Mr. Bye’s intentions are and confirms that he has met with the building inspector. Mr. McMahon explains that by building the proposed staircase he is creating a new non-conformity. At this time, Mr. Lombard questions if the board has heard from any of the abutters in regards to this proposal. The secretary confirms that there has been no correspondence from any abutters received. Mr. McMahon explains that the staircase will be coming 3 inches closer to the property line than it is now, leaving only 9 inches from the setback. Secretary brings the letter from the conservation Commission to the attention of the board members (letter on file in planning office). Mr. McMahon advises that he has a meeting with Conservation Commission this Thursday, November 5th and understands that the decision of the Zoning Board of Appeals will be contingent on the approval of the Conservation Commission. He continues to explain that they will be planting native plants on that side of the property line as well. Mr. McMahon advises that the staircase will be 26 ft. from the water and that the deck is 10 ft. above grade.
Mr. Lombard explains that the job of the board is to try and uphold the Zoning Bylaws as best as they can and explains that he feels that in this case, it would mean having the applicant change the staircase to make it parallel to the lot, retaining the existing 12 inch setback. Mr. McMahon states that this would be fair and agrees to comply under those conditions.
Mr. Robert Gorden makes a motion to allow the construction of exterior stairs from a first floor deck to grade which is parallel to the north property line, however creating a new non-conformity, as shown on plan revision dated Oct.12th, 2009. Dimensional Special Permit is contingent on Conservation Commission Approval.

Joshua Lombard- Approve- I vote to approve the plans dated (revision) 12th Oct. 2009 with the proviso that the stairs run parallel to the North Lot line and contingent on the Conservation Commission.

Robert Gorden- Approve- I vote to approve this application because there is no objection from abutters, the permit allows the property owner to achieve his purpose without increasing the non-conformity.

Susan Schneider-Approve-.I vote to approve this application because it will not be substantially more detrimental than the existing non-conforming structure to the neighborhood.

Beth VanNess-Absent

Barbara Stuhlman- Approve-I approve this application because it is not detrimental to the neighborhood, abutters have not complained. It will make the property more attractive and make their lives easier.

Mark Burgwardt-Approve- I approve this application because no further intrusion will be imposed to the property line, making the property more accessible.

Unanimous Approval

Public Participation-None

Correspondence- Read and Reviewed

Budget- Read and Reviewed.

Robert Gorden makes a motion to adjourn meeting; Susan Schneider seconds motion; Meeting adjourns at 7:40 pm.

Schedule next meeting for Tuesday, December 1st, 2009.

Signed______________________________         Date____________________
          Joshua Lombard

Signed______________________________          Date____________________

           Robert Gorden, Clerk

Signed_______________________________       Date______________________
          Barbara Stuhlman

Signed_______________________________       Date______________________
          Susan Schneider
Signed_______________________________       Date______________________
Mark Burgwardt

Respectfully Submitted,

Heather Hunt
Administrative Secretary

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