Meeting Minutes - ZBA
Town of Leicester
Zoning Board of Adjustment Minutes
Tuesday, May 26, 2009
*Unapproved*
** See subsequent minutes for any changes
Members Present: Gerry Flint, Chair, Donna Swinington, Tim Johnson
Members Absent: Shelley Glassner, Peter Fjeld
Others Present: Kate Briggs, ZA and Sandra Trombley, Secretary
Call to Order: Meeting called to order at 6:10 p.m. by Chair and had roll call.
Permit Application No. 13-09-ZBA, James Paison:
No one in attendance representing the permit application.
The first hearing tonight is for the Application No. 13-09-ZBA for setback waiver Parcel No. 212131. Landowner is James Paison. The request is for the repair and replacement of a front deck and stairs.
Donna suggested that we hear from Kate Briggs, ZA because she had done a site visit.
Kate reported that on this property they have been doing quite a bit of interior work, but that there is a front deck and it is very close to the water. They want to replace the deck, essentially the same size, with just a very tiny change to the angle so they can put a support under it. The deck is now structurally unsound. He wants to replace the deck with a support and put in a retaining wall in front to stabilize the hillside and stop any erosion. Kate advised him of two things. One is that he would need to contact the State about anything he was doing that might go into the water and the second thing was that since it looked to me that they were doing very extensive work to the inside, if he is planning to convert it to year round use, he needs to get a State permit to do that. Kate gave him a copy of the regulation on that.
No adjoining landowners contacted the ZA or ZBA with concerns or objections or appeared at the hearing.
Discussion of information on application and map. With the information provided, the
Chair called for a vote:
Donna: Yes Gerry: Yes Tim: Yes
Action: Unanimously approved by the Board with conditions.
Conditions: The Board would like the ZA to inspect the property to assure that the deck meets with the plan drawing presented and the retaining wall is not too close to the water, and that it meets with ZA’s satisfaction.
Mr. Paison arrived later after permit had been approved. He was given a permit poster to be posted within sight of the work.
Permit Application No. 14-09-ZBA, Brad & Kim Lawes:
The second hearing tonight is for Application No. 14-09-ZBA for a variance for an addition of a two car garage. Parcel No. 202028. Landowners Brad & Kim Lawes.
No one in attendance representing the permit application.
Kate reported the reason that she referred this to the ZBA is because it is lake front property and they are closer to the lake than current zoning permits. Kate visited the site. There is no garage or other building other than the house on the site.
Because of the warning, one of the adjacent landowners, Jaap Ketting called from New Jersey and expressed his concern about it because he had a conversation with Mr. Lawes about a garage that would be between their two properties and further up and closer to his property line and he’s down at the lake and quite a bit lower and he visualized this looming building being right there. Kate faxed him a copy of the drawing and he called back and said that it would be fine and he did not have a problem with it. Kate hasn’t heard from any other adjoining landowners.
Kate said he’s planning to have the boathouse rebuilt on the same footprint. Kate added it to the application. Kate explained to him that the structural part of the boathouse is in the water and he would need to contact the State about it. The only thing the Town would approve is to replace the existing boathouse on the exact same footprint. He had called the State.
No adjoining landowners contacted the ZA, other than Mr. Ketting or ZBA with concerns or objections or appeared at the hearing.
Discussion of information on application and map. With the information provided, the Chair called for a vote:
Donna: Yes Gerry: Yes Tim: Yes
Action: Unanimously approved by the Board with conditions.
Conditions: Renovation of the boathouse must meet the footprint and follow zoning regulations on Page 39-40 Re: Section 620 and applicant must contact the State.
Permit Application No. 15-09-ZBA, Matthew & Jason Ethier:
The third hearing tonight is for the Application No. 15-09-ZBA for a variance to build a house on Parcel No. 020037.1. Landowners Matthew & Jason Ethier.
Matthew & Jason were not in attendance when meeting began.
Kate reported that Matt and Jason Ethier are the owners of this lot. The lot was subdivided many years ago before the current zoning was in place. The front footage on Route 7 is 120 feet. The lot is a total of four acres but the lot is an odd shape. The only thing wrong with it is, it doesn’t meet the current front footage requirement which is 200 feet. The lot is quite large. It’s four acres. He plans to put the house way at the back of the lot. He more than meets all of the setback requirements. He has a right of way to a driveway. There is no issue with the State. He just wants to know that he has a waiver to build a house before he invests money in a septic study, etc. He has a preliminary look at that issue attached to his paperwork. He wants the building permit first.
Discussion of information on application and map.
Matthew and Jason Ethier arrived. Matthew explained that the property is north past the junk yard on the left. Just north of Guy and Lil Quenneville’s. It was Mike Merrigan’s property. Part was sold to Gary Gibbs. Matthew had called the prior ZA, Andrew and asked about the frontage. Andrew said it doesn’t meet the current standards, but because it was a subdivided lot, it would be ok. That was Matthew’s understanding of the conversation. The plan right now is the house will be to resell. Realistically, we want to get the waste water permit secured this year. It would probably be next year before we start working on the dwelling.
No adjoining landowners contacted the ZA or ZBA with concerns or objections or appeared at the hearing.
With the information provided, the Chair called for a vote:
Donna: Yes Gerry: Yes Tim: Yes
Action: Unanimously approved by the Board.
Permit poster was provided and must be visible to public.
Next public hearing June 10, 2009 at 6:00 p.m.
Motion to adjourn by Tim. Seconded by Donna. So approved. All in favor.
Adjourned at 7:10 p.m.
Respectfully submitted,
Sandra L. Trombley
ZBA Secretary