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Meeting Minutes - ZBA

Zoning Board of Adjustment Meeting
Tuesday, August 26, 2014
6:00 P.M.
** See subsequent minutes for any changes
Members Present:  Peter Fjeld, Chair, Donna Swinington, Jeff McDonough, Connie Carroll, Bill Shouldice
Others Present:  David Atherton, ZA, Glen & Lynne Peck, Kelly Churchill, Susan Laframboise, Sandra Trombley, Secretary
Call to Order/Roll Call
Meeting called to order at 6:03 p.m. by Chair and roll call. 
Review Agenda
Reviewed agenda.  No changes.
Approval of Minutes of July 26, 2014:
Motion by Jeff and second by Connie to approve minutes of July 26, 2014.  All in favor.  So approved.
Application #19-14-ZBA Glen & Lynne Peck, 259 Winding Way, Lake 1, Parcel #202008.
Chair read the warning and procedures for conducting a ZBA hearing.
There were no conflicts of interest and/or Ex Parte communications by Board members. 
All parties were sworn in.
Lynne and Glen presented their application and drawings; which the plan calls for tearing down their current aging structure and rebuilding a new structure either the same size or smaller.  They want to move the structure further away from the lake and shift it a few feet to the south.
Lynne explained that the State came down on Friday and she has her State application completed and ready to be sent in.
Lynne explained they have a huge driveway that serves both properties. 
The Board reviewed the plans and asked about setback measurements. 
The Chair explained that they will go into deliberative session after this meeting and will send them written notice.
Kelly Churchill re: Commercial Business on Lake Dunmore:
Kelly explained he was here to defend his business that he has had for over 20 years.  He showed a permit that he has had since 2004 for a business and office.
The Board reviewed the paperwork.
The Chair explained that the permit states the permit is for a small home office, ten years ago. 
Kelly stated that 95% of the business is at people’s camps, Kampersville, Branbury or Waterhouses.  He stated that maybe four times a year he has people come to his property.
Bill Shouldice explained that the same time these issues developed, the Board was working thru revisions of the zoning regulations and how to deal with home businesses.  It was clear that a home business would not be anything that would indicate any kind of activity.  Once there is some sort of activity developed, then you would need to get a permit for the business.
Bill’s concern was people knocking on his door with two car loads of people looking to go to Kelly’s house for an activity.  If people are showing up there and Kelly is advertising activities at his home with posters, it’s no longer a home business.
Kelly explained that he has a lot of friends and they come and swim.
Kelly passed around a letter for the Board to read. 
Bill explained they are the Zoning Board and that the only issue here is whether he is running a business or not. 
Kelly explained he travels the entire lake and that he has been picking milfoil and educating people for 10+ years. 
Jeff explained that they applaud him, but the milfoil is not the issue at hand.
Kelly provided some photos of their dock and the neighbor’s dock, his boat, his parent’s dock with some explanation as to what he was pointing out.
Jeff stated the only real question is whether he is running a business out of there.
Kelly stated that he is running 95% of his business elsewhere.
Jeff asked if he could resolve the 5%.  Running a business on the lake in a residential area is not permitted under the zoning regulations.
Bill explained to Kelly that there are other friends and neighbors who did not want to come forward at this point; so we need to get this matter resolved.  There are others out there that Kelly needs to appease.
Jeff recommended Kelly meet with the Zoning Administrator.  Kelly said in the mean time he would meet people at a different location.
Susan Laframboise stated that Kelly’s mother told her it was a ski school.
Kelly brought up other incidents that were civil matters and not pertinent to the zoning situation.
Bill explained when there is a sign stating Liquid Ski School Park Here and when people are knocking on his door asking where to park, you have a business here.  That is the only issue.
Lynn Peck asked to speak.  She explained she knows everyone here and Kelly is not telling the truth and he is minimizing how many people come to his house.
Kelly stated he was going to stop running the business out of his house and only pick people up at their docks.  He’s stated that he is going to have friends over and it happens all the time.
Bill explained that all he cares about is what the green zoning regulation book says.  Something has obviously changed because the neighborhood is up in arms.
David Atherton stated there is a fine line with the definitions in the regulations and feels this is more of a civil matter.
The Chair thanked everyone for coming and explained that the Board will be going into deliberative session after this meeting to discuss the Peck permit application.
Old Business:
David went to look at the Quesnel property.  There is nothing going on that is not in the permit.  There was discussion about the retaining wall and whether it was repaired or rebuilt.
Jeff mentioned the appeal for Wellarkes.  Notices were mailed to adjoining property owners.  Jeff mentioned that they will want David to represent the Town in the appeal.
Public Comment
Motion by Jeff to adjourn ZBA meeting at 7:00 p.m.   All in favor.  So approved.
Respectfully submitted,
Sandra L. Trombley, Secretary