Zoning Board of Appeals Meeting Minutes

Downstairs, Community Room, Town Hall, 39 South Street, Hinsdale            posted 4:00pm on 3/21/2022

Present was:  Jeff Viner-Chairman

                       Bruce Alexander

                       Dan Thornton

                       Terry Douglas-Clerk

                       Harris Aaronson

                       Brian Hill

                       Nancy Saldarini

                       Duane Mundy

Meeting called to order by Jeff Viner at 6:02 pm.

Mr. Viner asked Terry Douglas if there had been any correspondence regarding this hearing and if the notice had been posted in Berkshire Eagle and website.  Terry Douglas replied there had not been any emails, letters or calls and the notice had been posted correctly.

Mr. Viner read the Application for Variance out loud then asked the public if they had read the posting on line and they responded yes.  Mr. Viner asked Mr. Aaronson to explain why the house had not been built after the first application had been granted on 1/30/06.

Mr. Aaronson explained that there were various reasons, the crash of the economy, major health issues and delay in receiving final environmental approvals for the permitted structure.

Mr. Viner asked when was the property purchased and Mr. Aaronson answered either 2004 or 2005.

Mr. Viner also explained since there were too many years since the prior variance had been granted, so they could not approve an extension.

Mr. Aaronson explained that over the years there have been numerous improvements on the property.  The dilapidated house was removed, lot cleared, wetlands delineation, an environmental buffer and spreader were put in the property.  The proposed house for this application is smaller and will be 1,326 square feet.

Mr. Viner asked if anyone in the audience had questions.

Mr. Hill of 185 Ashmere Road, Lot 9, Hinsdale, MA 01235 said one of his concerns was the side set back between his property and this one will only be 12 feet.  His second concern was where would cars be parked.  The third concern was how was the heavy equipment going to be brought in to build the house.

Mr. Aarsonson explained that he owns the lot across the street which they will use for parking cars.

Mr. Alexander asked Mr. Hill what was the problem with the side set back.   Mr.  Hill said it was because of aesthetics.

Mr. Alexander asked what was the lot # of Mr. Hill’s property.  Mr.  Hill replied it is lot # 9.

Mr. Aaronson said that between his property and Mr. Hill’s is the environmental buffer filled with natural plants and is all located on his property.

Mr. Viner observed that the new building will be right next to the buffer.

Mr. Mundy located at 169 Ashmere Rd, Hinsdale, MA 01235, Lot 6, Hinsdale, MA 01235 concerns are that it will be a brand-new building and that the grinder pump is located right in the middle of the wet land.

Mr.  Aaronson replied the grinder pump would be moved also the well would be moved down closer to the lake.

Mr. Mundy asked if there would be a deck or porch and Mr. Aaronson said that there would be a deck which will be included in the 1,326 square foot building envelope.

Mr. Mundy asked if the building inspector had approved the plans.   Mr. Viner explained it goes to the ZBA board first and if it is approved there is a 20-day waiting period for people to appeal the decision.  If there are not any objections then it goes to the building inspector.  The building inspector can then send it to the Conservation Board and Planning Board.

Mr. Hill asked what happens if during the building of the house the conditions are not being followed.  Mr. Viner replied it would come back to the ZBA Board for violations.

Mr. Viner explained in the ZBA By-Laws Section 6 paragraph 5 states nonconforming lots of record and lots shown on a plan endorsed by the planning Board under the Subdivision Control Law are exempt from the provisions of this By-law to the extent and as provided in Section 6, Chapter 40A of the General Laws

This lot and almost all the lots around the lake are non-conforming.  Mr. Viner noted the proposed house is keeping within the character of the neighborhood and is an improvement from the depilated house.

Mr. Mundy asked Mr. Aarsonson who would be living in the new house and was told he was not sure.

Mr. Thornton asked about the design of the spreader.  Mr. Aarsonson explained water comes through the pipe which is to slow down the water when it goes in to the lake and that the culvert on the property is maintained by the Town of Hinsdale.

Mr. Thornton asked if Mr. Aaronson had thought about going with a smaller house and was told yes, he might scale back.

Mr. Viner asked if anyone had any more questions and there were not any.

Mr. Viner made a motion to approve the application for a variance as it is not a determent to the neighborhood with the following conditions, the side setbacks have to be at least 10 feet and the building envelope must be no larger than 1,326 square feet including the deck.

The board voted unanimously.

Meeting closed at 6:37 pm