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Meeting Minutes - ZBA

Zoning Board of Adjustment Meeting Minutes
Tuesday, May 27, 2014
6:00 P.M.
** See subsequent minutes for any changes
Members Present: Peter Fjeld, Chair, Donna Swinington, Jeff McDonough, Connie Carroll
Members Absent: William Shouldice
Others Present: Tim & Marge McCullough, Liz Herrmann, Sue Potter, Sandra Trombley, Secretary
Call to Order/Roll Call: Meeting called to order at 6:00 p.m. by Chair and roll call.
Review Agenda: Reviewed agenda
Approval of Minutes of May 13, 2014:
Motion by Donna and second by Jeff to approve minutes of May 13, 2014. All in favor. So approved.
New Business:
#11-14-ZBA applicant Elizabeth Herrmann for landowners Wellarkes VT LLC on Parcel #212127 in L-1 at 91 Catamount Drive to add a screened in porch to residence.
Chair made introductions and read the warning and procedures.
There were no conflicts of interest or Ex Parte communication of the Board
Everyone participating was sworn in. No written communication.
Liz presented her proposal application. The owners would like to add a screened porch to the north side of their residence, 8’ 5 ½” x 10’. It over hangs the setback 8.9’ falls into the setback line. The height of the structure is 13’.
Jeff commented that it was a very small porch.
Tim McCullough explained that it was actually east and it will be on their side; not north. He asked why on their side. It is very close to their dining room window on their side. Liz stated that she meant project north and not true north.
Liz explained that it couldn’t go on the side of the leach field and it is discouraged to encroach on the water.
Sue Potter explained that in the original waiver that was granted there were two findings; #3 the building would conform to the character of the land and design and reasonably limit the impact on the neighbors, #4 design used incorporates design techniques, screening or other remedies to limit impact upon neighbors, and that has definitely not been the case. She has brought photos as proof. Adding onto this project is just going to multiply the problem.
Sue provided photos of the building from her vantage point just across the lake 300’ away. This is how the roof looks about 11:00 a.m. and by mid afternoon it’s a fireball. She can’t avoid it, it’s in her face. She stated she couldn’t sit on her dock, she can’t sit on her porch, she can’t sit on her patio, it gives her auras, it can’t be avoided and she cannot ignore it. The roof is not the problem; it’s the angle that this shed roof is that is causing a fireball. She has talked to Liz about it. It’s made it impossible for her to enjoy her porch or patio. She fears there will be a problem on the other side; as well.
Liz will follow up with the roofing manufacturer to see if there is anything they can do.
Connie explained that it is 3’ out of conformance.
Jeff asked if it could be put somewhere else on the structure.
Peter mentioned that they could possibly put the porch over the bulk head and be in compliance.
Tim invited the Board to come to their property and come into their home and take a look at everything. Everything is just crammed in their face. There was a 13’ building on the property and now there is a 28’ two story building there, that they look at 24/7. It will never be the same.
Jeff mentioned again that it is too bad they couldn’t find another place to put the porch. It is such a small porch. It’s not like a porch they would be entertaining on.
Liz explained that according to the architect, nothing can go on the leach field side other than plantings.
Sue thinks they could get by without a porch and doesn’t understand the need to develop every inch of the property. They cut down a 20’ pine tree that could have possibly screened it. Sue doesn’t think planting shrubbery will solve the problem.
Liz stated that it was recommended by the tree service that the tree be removed.
Peter asked Liz how she would answer the five questions. Liz answered #1 & #2; is ok. #3 is not terribly egregious. #4 there is really extensive landscaping plans and she is happy to talk with the landscape architect. #5 there is not a disability issue.
Peter stated that one of the concerns here is the reflective problem with the roof and actually this was one of the permit conditions that this structure was to blend in.
Tim advised that this building was going to be purple. He didn’t think that blended in.
Sue stated that the color is not the point so much as the fact it can make them physically ill and it causes them not to enjoy their property at all. It isn’t fair.
Liz stated that the roof on the shed is at an extremely steep angle. That little bit of roof can be dealt with. Liz is happy to look into it.
Sue doesn’t want to hear that she is willing to look into it. She wants a commitment.
Liz stated she is the owner’s representative, but doesn’t make all the decisions.
Tim mentioned again that he would like to have the Board come up to take a look. He knows there is another place to put the porch. There are other options. That’s all they ask.
Peter stated that they are going to go into deliberative session and make a decision if there will be a site visit.
Tim mentioned they didn’t know about the last site visit.
Kate explained the procedure and that site visits are warned but silent and are only for data gathering, not conversations with landowners, and landowners are not invited for the visit.
Board went into deliberative session.
Motion by Jeff and second by Connie to deny application as submitted. All in favor. So approved.
Public Comment: None
Motion by Jeff and second by Connie to adjourn ZBA meeting at 7:00 p.m. and follow with PC meeting. All in favor. So approved.
Respectfully submitted,
Sandra L. Trombley, Secretary