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Hearing Minutes

Town of Leicester

Zoning Board of Adjustment



Application: 32-07 ZBA Set-back Waiver


Applicant:    Gregory C. Moore

                     671 Ferson Road

                     Leicester, VT 05733


Date:            November 27, 2007


The Hearing was called to order at 6:10 pm by the Chairman.     


Roll call:  Donna  Swinington, Gerry Flint (Chair) Shelley Glassner, Heidi Schuerger

                 Tom Drew (arrived 6:28 pm)

Others Present: Andrew Peterson, Zoning Administrator


The applicant was sworn-in by the Chair.


Testimony by applicant:


Wishes to construct a garage 24’x30’; a lean-to (to be added later) will add another 10’. His present garage would be extended and converted into a mother-in-law apartment.  The new garage would be within 3’ of his property line and the overhang would make it closer.


He considered building west from the house which would be farther from the property line but it would (1) block his view of the woods to the west and north and (2) deny any more space for parking vehicles.


Mrs. Monroe has signed a paper stating she has no objection to the project.  Mrs. Monroe owns the property that surrounds his.


He could make the garage smaller and could move it closer to the house.  The distance from the house to the proposed garage’s door is approximately 25’.


Main reason not to change location (1) view and (2) foundation problems


Property slopes off sharply to the west.  The new building could be moved to the north but it would be more costly because of the need for more fill.  The lean-to portion would be on the northeast side of the new garage.




Leicester Zoning Board of Adjustment –Hearing 11/27/07                   page 1 of 2






The members asked questions pertaining to septic capacity, distance from house to garage, over-hang and others.


Mr. Peterson (ZA) testified that the side-yard setback for the zoning district involved is 40’.  If the new garage were attached to the house, it still wouldn’t meet the setback requirement.  If the building were put farther behind the house, the driveway would need to be changed to go around other side of house.


The ZBA answered in the affirmative to the following questions:


1-     Is the use permitted within the district as a by-right use?

2-     Is it in conformance with the town plan and goals?

3-     Conforms with the character of the land and designed to reasonably limit the impact upon neighbors?

4-     Design uses design techniques, screening or other remedies to limit impact upon neighbors?

5-     Other questions do not apply.


“You’re approved then”, declared Chairman Flint.

He informed Mr. Moore that the permit is to be visibly posted during the construction.


Decision:  The ZBA agreed to grant the variance with the condition that the new garage including the overhang is built no closer that 3’ from the property line.


Adjournment:  The ZBA unanimously voted to adjourn the Hearing at 6:56 pm.



Respectfully submitted,


Julie Dawson

Acting Secretary




 Leicester Zoning Board of Adjustment- Hearing 11/27/07                      page 2 of 2