Notes from the Zoning Board of Appeals (ZBA), November 29, Hybrid meeting

Present:

• Thomas Schuler, Chair
• Miles Moffatt, Acting Chair
• Jim Murray
• Mark Mills
• John Hyson
• Catherine Chester
• Patricia Andrews

1. Attorney Elizabeth Goodman, on behalf of 22 Beachwood, appealed the finding on a special permit to subdivide a 3.89-acre lot into two lots — one two acres and the other 1.89
2. Stockbridge Town Counsel advised against the appeal because the requirement in Beachwood is for a minimum of 2-acre lots. She cited precedence
3. Goodman argued that the ZBA has discretion
4. Schuler argued that the ZBA does not have discretion. They are not a policy-making board. ZBA is a policy-implementing board and the policy, in this case, the zoning bylaw is clear.
5. Perlmutter explained his love for Stockbridge and his desire to gift each of his two sons a buildable lot
6. ZBA members expressed sympathy for the position Mr. Perlmutter finds himself in, but said their hands were tied.
7. Schuler suggested Perlmutter go to Town Meeting and ask the policymakers (the people) to change the zoning bylaw.
8. The vote denying the appeal was unanimous.

Meeting adjourned

Photo: Blue Moon Images/Dana Goedewaagen