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DRB Meeting - 3.28.18

Town of Leicester
Development Review Board Minutes
Thursday, March 28, 2018
** See subsequent minutes for any changes
Members Present:  Peter Fjeld, Jeff McDonough, Bill Shouldice, Suki Fredericks, Hannah Sessions, Alternate
Members Absent:  Donna Swinington
Others Present:  Stasha Greene, Clover Blossom, Amy & Jerry Quenneville, Rick Hansen, Dustin Hutchinson, Mary Anne Sullivan, Sandra Trombley, Secretary                                                                                                                                                   
Call to Order:  Meeting called to order at 6:01 p.m. by Chair. 
Review of Agenda
Roll Call:
Approval of December 13, 2017 Sheehan Hearing minutes:
Motion by John and second by Tom to approve minutes of December 13, 2017 as written.  3 in favor.  2 abstentions by Bill & Suki.  So, approved.
Hearing for Applicant: Clover Blossom Parcel ID# 030017, 1003 Shackett Rd:
Board introduced themselves.
Chair read the warning.
Chair read procedures for conducting the DRB Hearing.
There were no Ex Parte communications or conflict of interest on the Board.
Interested parties were sworn in by Chair.
No written information from parties other than the applicant.
Clover explained they want to build a 3-bedroom home on their land with a full basement.  Since they purchased the land, the setbacks have changed.  The land is very steep and not very wide.  They are asking to build closer to the Salvatore side of their property.  There are less drainage problems there.  It’s steep behind them and too narrow on the lower end.  There is not much space to build.  There are no other options.
Hannah asked what the violation is; that the Board is looking at, because a variance was granted in 2015.  
Mary Anne explained they are applying for the western boundary setback.  The permit has expired.
Dustin explained that when they originally applied and were approved, the setback was 40 feet.  The setback is now 50 feet.  They had to do a north and south retaining wall due to water runoff.  They will be working with Jim Plouffe on runoff that still comes down the driveway.
There is a garage on the property.
Dustin explained that the side they would like to build closest to, looks fairly unbuildable without a large amount of work and trouble.
Rick Hansen brought up the living quarters above the garage.  Now they want the 3-bedroom house which violates the potable water permit.
Mary Anne reported they do not have a permit for the living quarters above the garage.  The potable water supply and waste water permit issued to the Ottinger’s for a 3-bedroom home goes with the land, not the person.  The permit says they want a 3-bedroom home with a 2-car garage. It does not say a 3-bedroom home with a 2-car garage with living quarters above the garage.  What they have is a dwelling on the property and any other dwelling on the property would technically be an accessory dwelling.  An accessory dwelling can only be 30% of the size of the dwelling that exists there.  This potable water permit is for 3-bedrooms and it cannot be enlarged, or expanded unless the State is notified and it gives the Town a new certified permit.
Blossom thought that one of their rooms would be an office.
Mary Anne was not aware there was living quarters over the garage and didn’t know until Listers told her.
Peter recommends they should talk to their civil engineer, Jeff Kelly, and either amend the permit or ask him what their options were. It’s not up to the Board to decide how many rooms are becoming bedrooms.
Mary Anne stated that the Zoning Regulations state you cannot have two residences on the same lot without a permit for an accessory dwelling.  Mary Ann stated she will not sign off on a permit application until the DRB says it’s ok to have two dwellings on one property, and a new State waste water system certificate is one and it’s recorded in the Town Office.
Amy Quenneville shared that she owned Stasha’s property until a short time ago.  They wanted to put another dwelling on 13 acres and Enman Engineering told them that the land in that area would not sustain two dwellings.  The State would not give us an opportunity for a mound system in that area.  Stasha has drainage problems. 
Peter explained that Blossom and Dustin need to go back and figure out something with Jeff Kelly that would meet the criteria.
Jeff explained there are two issues; the waste water permit and two residences.
Dustin was wondering if they expanded off the garage. There was some discussion about what might be done.
Mary Anne shared the definition in the regulations for a dwelling.  It is a structure or part of a structure used as separate living quarters containing cooking, sleeping and sanitary facilities for one household.  This definition specifically excludes bed and breakfast and lodging facilities.  
Mary Anne explained they need a new letter from the State and recording with the Town.  
Blossom said she may have the new one and just never got it recorded.
Motion by Jeff and second by Bill to recess the hearing at 6:40 p.m.
ZA Questions:
Mary Anne shared that she is having a hard time with there not being any Certificates of Occupancy.  Applicants don’t always do as the permit says.  It would be helpful to have them and the permitee must notify the ZA and an inspection made.  
Chair recommends that Mary Anne talk with the Selectboard.
Mary Anne has three applications for the lake. If they are approved as they are, they will all be 3-story buildings with nothing but glass in the front and come to exactly 35’.  One of these applications never went to Shoreland and after, when they did go, they gave inaccurate information to the State.  Glare will be a problem on either side of the lake due to them cutting all the vegetation.  In her mind, these buildings are not in the character of the neighborhood.  
Mary Anne would like the allowed height in L1 to be reconsidered.
The property owner has to apply for the permit; not the contractor, unless the contractor has Power of Attorney.
Chair said they can’t get the permit unless the contractor has Power of Attorney.
There was more discussion on Shoreland Protection.
Mary Anne will refer the applications to the DRB.
Motion by Jeff and second by Peter to adjourn at 7:30 p.m.  
Respectfully submitted,
Sandra L. Trombley
Selectboard Secretary