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Approved
Zoning Board of Appeals
Meeting

August 9, 2001

Present Ira Bender, William Selke, William Harris, James Murray, Robert Tublitz, John Spencer, Linda Day

The meeting was brought to order by Chairman Ira Bender at 7:05 P.M. 

The Zoning Board of Appeals scheduled a hearing for Thursday, August 9, 2001 at 7:00 P.M. in the Selectmen's Office at Town Hall for Rosalin Levitt, 3 Mahkeenac Heights Road, Stockbridge, MA who is seeking a variance from the requirements of Section 5.5, Table of Dimensional Requirements of the Protective By-laws. The property is located in the R-4 Zone. The meeting was advertised on July 25 and August 1, 2001; abutters and town boards were notified but did not respond.

Rosalin Levitt presented her appeal. She indicated a need for a second bathroom which would back against the first bathroom and cut into the second bedroom thereby decreasing its space and necessitating adding to this bedroom.

Lots 38, 39, and 40 are under one parcel/ownership. The Board and Ms. Levitt reviewed the plans submitted by Ms. Levitt and designed by contractor Waldo Baker. Zoning by-laws require building structures be at least 50 feet away from property lines. The plan would have a setback of only 30 +/- feet. According to Ms. Levitt, the plan does not impact neighbors as no sight line exists from abutting property to the addition requested.

Mr. Tublitz expressed concern regarding the adequacy of the septic field. Ms. Levitt noted that Waldo Baker had located the septic tank and said it was fine. The impact of a second bathroom would be the same as currently exists, as the number of guests would remain at five be it for one bathroom and two bathrooms.
Although she did not know the adequacy of the existing system, the health inspector must rule on building plans and should consider this when reviewing the plans.

Mr. Tublitz noted that the plan did not come before the Conservation Commission but it is a concern to them because of its location to the Stockbridge Bowl. Mr. Murray noted that the plan appeared to be a modest expansion and a low impact proposal but does not seem to represent a clear-cut case of hardship. Mr. Selke noted that this type of appeal is not unique and the Board can expect more of these applications. Sometimes they go to the Selectmen instead of the Zoning Board of Appeals, and, sometimes they go to both. Mr. Spencer noted that there are three lots and this size makes the request unique although somewhat similar to the Hudgins application. 

Mr. Selke reminded the Board that the Zoning Board of Appeals set up criteria for approval. James Murray stated he could see no way to construct without being more non-conforming.

A motion was made by John Spencer and seconded by James Murray to grant side lot and rear variances as outlined on the plans submitted by Ms. Levitt in her appeal application. Voted: 4-1 in favor of the variance approval.

Robert Tublitz cast the negative vote for the following reasons:
1. He questioned the propriety of the notice and if it met Massachusetts laws.
2. He found no evidence was given relative to the criteria to be considered for approving or disapproving a variance, and, furthermore, the Board did not discuss these criteria.
3. He felt the plans must give specific dimensions and he found the quantitative dimensions as stated in the plan, using +/- as part of the dimensions, unsatisfactory.

Having granted the variance, there is an appeal period of 20 days after notice has been filed. No building permit may be issued until this time.

The next meeting is scheduled for Tuesday, September 4, 2001 at 6:30 P.M. on the Rothstein application. Voice Stream is scheduled for 7:00 P.M.

The meeting adjourned at 8:15 P.M.

Respectfully submitted,
Linda B. Day