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Meeting Minutes - ZBA

Town of Leicester

Zoning Board of Adjustment Minutes

Tuesday, May 5, 2009




** See subsequent minutes for any changes


Members Present:  Gerry Flint, Chair, Shelley Glassner, Peter Fjeld, Tim Johnson


Members Absent:   Donna Swinington


Others Present:   Kate Briggs, ZA (later) and Sandra Trombley, Secretary


Call to Order:  Meeting called to order at 6:35 by Chair and roll call. 


The Chair asked the Cameron’s to sign in on the interested person’s record and service list.


The first hearing tonight is for the Application No. 05-09-ZBA and applicant Sheri Cameron for a variance to rebuild the 36x22 house lost to fire on November 30, 2008 with an additional 24x28 + 12x14 addition.  Parcel No. 212219.


Chair swore in the Sheri Cameron.


Sheri explained that their current plan is to build a 28 x 50 ranch modular home.  On the existing 36 x 22 slab, where the house burned in November, we would like to eventually build a garage.     Because we wanted to go larger than the original structure, Ron said we needed a variance. Sheri spoke to Kate yesterday about the change of original plan and Sheri presented a new plot plan.  Kate thought it would need to be rewarned because it’s a different building on a different place on our property. 


Upfront is an existing 3-unit apartment.  This was the house out back of it that had burned.  We purchased the property about three years ago.  We are looking to replace the house that burned in November.


Peter indicated that in the L2 district, you are only supposed to have one dwelling on a lot.  This is pre-existing.  He is questioning whether you can rebuild an existing dwelling even if it’s non-conforming or do we need to grant a variance because they are not just rebuilding it, they are changing and adding to the size.


Tim asked if they have to do a whole new permit.  Consensus was that they would have to complete a new permit for the new structure.  It is a change and it would have to reflect what the new change is. 



Kate joined the meeting and clarified some questions.  The original permit application is non-conforming because they want to build a slightly larger building on the original footprint.  That’s why the permit has to come before the Zoning Board of Adjustment for a variance.


Now, they have changed their plan and are talking about doing something totally different than their original application, building a dwelling on the other side of this lot.  This new plan is not what was warned to adjoining property owners.  This is about building two dwellings on a two acre lot.  The by-laws say you can only have one dwelling on the lot.  Zoning does not allow for that.  There is an existing 3-unit building on the lot.


The by-laws say you can rebuild on the footprint; however, if you choose not to do that, then the non-conforming issue goes away and can never happen again.  The option for the owner is to rebuild on the footprint and if they want to do something more than that as their original application asked for, the ZBA could look at that.  But, now their application is a totally different application and not the application that was warned and they want to do something totally different.  Speaking as the ZA, this application cannot be acted upon tonight, it needs to be rewarned.  You can’t change an application in mid stream.


Findings of ZBA:


A new application would be necessary and new application needs to be rewarned because the permit application warned for tonight’s hearing is not what you are bringing before the ZBA. 


2nd Hearing Cory & Cathy Naylor, Application No. 09-09-ZBA.  Cory Naylor was sworn in by Chair.

Cory gave a brief description of his plan.  He currently has a one bedroom apartment over his garage.  He would like to turn the garage which has a bedroom which he uses for storage into a second one bedroom apartment.  No changes to outside of building.  Cory called and talked with the State and knows he needs to get a State certified engineer down to check out the septic system.  He wanted to make sure that the Town will approve the permit before he moves forward with the State.


Kate explained that this is a nonconforming use and ZBA approval is required. 


Findings of ZBA: 


Hearing evidence and testimony, Chair asked Board, do you agree that we approve this permit?


Peter, yes

Gerry, yes

Shelley, yes

Tim, yes


Unanimously agreed to approve permit with no conditions.








Motion to adjourn by Gerry.  Seconded by Shelley.  So approved.  All in favor.


Adjourned at 7:35 p.m.


Respectfully submitted,



Sandra L. Trombley

ZBA Secretary