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Zoning Board of Appeals Minutes 12/7/10
Becket Zoning Board of Appeals
Approved Minutes
Tuesday, December 7th, 2010

Board Members Present: Joshua Lombard; Chairperson, Nick Speranzo, Robert Gorden; Clerk, Mark Burgwardt, Sue Deacon

Board Members Absent: None

Members of the Public Present: John VanLeewen, Robert Ronzio, Clark Green, Stephen Green, Marc Volk, Terry Crean, Jeff Wilkinson, Ann Bruzzi.

Meeting called to order:  7:05 p.m.  

Review and Acceptance of November 9th, 2010 meeting minutes – Nick Speranzo makes a motion to approve minutes of November 9th,2010. Rob Gorden seconds motion; unanimous Approval.

Joshua Lombard- Approve
Robert Gorden- Approve
Nicholas Speranzo- Approve
Mark Burgwardt- Approve
Sue Deacon- Approve

Public Hearing- Michael Goldblatt and Robert Hayes, 0 King Richard Drive, Assessors Map 216 Lot 323, dimensional special permit requested.

Ann Bruzzi, Berkshire Engineering, approaches the zoning board members present and introduces herself. Ms. Bruzzi states that under MGL chapter 40A, Robert Hayes and Michael Goldblatt have vested rights. She goes on to explain that the deed was recorded in 1966, sold to Diversified Investment Inc. who sold to the current owner in 1974; it was not sold jointly or contiguous with any other lot.  Ms. Bruzzi goes on to inform the board that what we have here is a pre-existing, non-conforming structure; the increase in non-conformity can trigger different sections of the bylaws. Ann explains that in 1966, there were no setbacks, and that vacant lots are protected. Ms. Bruzzi hands out informational packets that she has prepared and passes them out for the board to read and review.
Ms. Bruzzi states that they are looking for an additional 10 feet on the Southern side of the lot.  Ms. Bruzi explains to the board members that if it would be helpful she would gladly get a letter from an Attorney with a legal opinion . Mr. Robert Gorden states that he thinks it is a very good idea to do that and then when the board has the legal opinion of the attorney they can make a more informed decision. Board members present all agree. Nick Speranzo makes a motion to continue hearing until the January meeting of the Zoning Board of Appeals, at which time Ms. Bruzzi will have a letter with a legal opinion for the board to review. Robert Gorden seconds motion; Unanimous Approval.
Mr. Bob Ronzio suggests that Atty. Mark Bobrowski should be considered as an attorney of choice as he knows these particular laws inside and out.  
Sue Deacon adds that Harris and Aaronson are the lawyers currently representing the buyers and that she can certainly ask them to write a letter to the board as well.

Public Hearing for Jacobs Pillow Dance Festival, 358 George Carter Road, Assessors Map 407 Lot 14, Application for Site Plan Approval.

Mark Volk from Foresight Land Services approaches the board and presents them with a proposed plan showing the proposed building, campus, parking, etc. Mr. Volk states that the parking portion of the plan has already begun. Mr. Volk also explains that some site prep has been done and that the project has gone through the Conservation Commission and that an Order of Conditions has been issued. Mr. Volk goes on to confirm that the new parking is a huge improvement to public safety.
At this time, Mr. Volk opens up the discussion to the public. Mr. Gorden asks if there have been any issues from the Town departments or any abutters. Secretary advises that the ZBA office has heard from an abutter, Deborah Beasley , and that she had some serious concerns about many of the issues that were now in front of them, to include lighting issues, increased traffic flow, increased noise, etc.
Mr. Lombard expresses concerns for the fact that for now the road will be a long dead end and advises Mr. Volk to please inform the Fire Chief as well as the Police Chief of this temporary situation. Mr. Volk agrees that it is important to let them know and confirms to Mr. Lombard that he will be contacting them.
Mr. Ronzio states that he has issues with the way Jacob’s Pillow handles the filing of the paperwork and that this has happened in the past as well as the current application, explaining that Jacob’s Pillow needs to make sure that they get all of the proper permits required, prior to doing the actual work. Ms. Sue Deacon agrees and states that she was quite surprised to find out just how much of the work had already been started. Mr. Lombard states that possibly, in the future, new procedures should be reviewed.
8:15 pm - Josh Lombard closes the public hearing portion of the meeting..

Mr. Robert Gorden makes a motion to allow the construction of a new Maintenance Facility building to replace existing facility within the Performance Campus. Also to allow for new circulation and access road along with additional parking. This property is located at 358 George Carter  Road, Assessor Map 407 Lot 16. Mark Burgwardt seconds motion; Unanimous Approval.

Joshua Lombard- approval
Robert Gorden- Approval
Mark Burgwardt- Approval
Nicholas Speranzo- Approval
Sue Deacon- Approval

Public Participation – Mr. Terry Crean  stands up and introduces himself as a newly elected member of the Town of Middlefield’s Zoning Board of Appeals. Mr. Crean states that he is also a member of the Planning board as well. He explains that the zoning board in Middlefield is currently a 3 member board. He explains that he wanted to attend this meeting in Becket just to check things out and to see how the board runs their meetings. He has a brief discussion with board members present and thanks the board for answering any of the questions that he had this evening.

Mr. Nick Speranzo responds to the Technical Assistance Program.  He states that he has learned that Jacob’s Pillow is looking for a partnership with another community for Wind Turbines. He confirms that it is his opinion that this would be a good use for technical assistance.  Mr. Ronzio agrees but warns that this may entail the re-writing of the bylaws.

Correspondence- Read and Reviewed

Budget – Read and Reviewed

New Business-
Board members are advised that the application process for the Zannonis is now complete, with all requested plans submitted.

Nick Speranzo makes a motion to adjourn the meeting, Bob Gordon seconds motion; unanimous approval. Meeting is adjourned at 8:50 pm.

Schedule Next meeting for Tuesday January 4th, 2011

Signed____________________________         Date____________________
          Joshua Lombard

Signed_______________________________       Date______________________
         Mark Burgwardt

Signed_______________________________       Date______________________
          Nick Speranzo

Signed _______________________________       Date______________________
         Robert Gorden
Signed_______________________________        Date_____________________
          Sue Deacon

Respectfully Submitted,

Heather Hunt
Administrative Secretary

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