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Zoning Board of Appeals Minutes 1/4/11
Becket Zoning Board of Appeals
Approved Minutes
Tuesday, January 4th, 2011

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

Board Members Absent: None

Members of the Public Present: Ann Bruzzi.

Meeting called to order:  7:06 p.m.  

Review and Acceptance of December 7th, 2010 meeting minutes – Bob Gorden makes a motion to approve minutes of December 7th,2010. Nick Speranzo seconds motion; Unanimous Approval.

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

Public Hearing portion of the meeting opens. Ms. Sue Deacon recuses herself, explaining that the applicant is also her client. Mr. Robert Gorden also offers to sit out of the public hearing portion of the meeting, explaining that Mr. Aaronson has represented him in the past and that if anyone felt that he should also recuse himself than he would. Board members unanimously agree that Mr. Gorden does not have a conflict of interest at all.
Ms. Ann Bruzzi, Berkshire Engineering explains that there are several criteria to take into consideration. She confirms to the board that she did obtain the letter from Attorney Aaronson, as she said that she would. Ms. Bruzzi goes on to explain to the board members that the owner did not own any adjoining property when the use was set up. She also states that the owner has only owned the one single property and there is no structure on it. She advises the property has at least 50 ft. of frontage as well as 5000 ft. Sq. footage.
Mr. Gorden explains that he has spoken with the building Inspector, Bill Girard on this matter. Ms. Bruzzi confirms that she has also. Ms. Bruzzi concludes that it would be her suggestion for the ZBA to draft a recommendation to the Bulding Inspector,  advising him that our current laws are not applicable for this lot thus it is our recommendation that a building permit be issued. Board members discuss the fact that the lot has vested rights and should have the building permits issued to them. Board members reference #3, MGL 40A, Section 6 which states: Any increase in area, frontage, width, yard or depth requirements of a zoning ordinance or by-law shall not apply to a lot for single and two family residential use which at the same time of recording or endorsement, whichever occurs sooner was not held in common ownership with any adjoining lot, conformed to the then existing requirements and has less than the proposed  requirement  but at least 5,000 square feet of area and 50 feet of  frontage. This section would apply even if there was no zoning law when the lot met statutory requirements for grandfather protection which, it did.
At this time, Chairperson Joshua Lombard declares the discussion to be over.

Public Participation – None

Correspondence- Read and Reviewed

Budget – Read and Reviewed. Proposed new budget for 2011 discussed, board members agree to request same budget as last year.

Joshua Lombard makes a motion to adjourn the meeting, Bob Gordon seconds motion; unanimous approval. Meeting is adjourned at 7:30 pm.

Schedule Next meeting for Tuesday February 1st,, 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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