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Meeting Minutes - ZBA

Zoning Board of Adjustment Meeting
Tuesday, July 29, 2014
6:35 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, Dale Counter, Derrick Counter, Judy Lubinski, Audrey Scarborough, Ken Scarborough, Randy Laframboise, Susan Laframboise, Sandra Trombley, Secretary
Call to Order/Roll Call
Meeting called to order at 6:02 p.m. by Chair and roll call. 
Review Agenda
Reviewed agenda and added Randy and Sue Laframboise to public comment to explain a problem with a neighbor at the lake.
Approval of Minutes of June 10, 2014:
Motion by Jeff and second by Connie to approve minutes of June 10, 2014.  All in favor.  So approved.
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.
Put the public comment ahead of the hearing so they would not have to stay through the entire meeting.
Public Comment
Randy and Sue Laframboise were looking for some advice or direction how to proceed on the problem they are having at their lake property, with their neighbor who is running a business out of his camp.  This is a residential area.  They have put up with it for many years, but now that they want to spend more time at the lake on weekends, it has become more of a problem.  On the weekends there is a constant stream of people and cars.  Their camps share a driveway.  They have been having non-family birthday parties there.  They can’t enjoy their property.  They can’t even get into their driveway when there are so many cars there.  They have to park on their lawn.  They feel it is not right or fair and feel they are getting abused.  They cannot go out on their dock and feel comfortable.
Bill confirmed with the Randy and Sue that their neighbor was bringing people in and doing specialty birthday parties and not family birthday parties.
David first thought their concern was more about the noise. 
When David contacted the neighbor, he was told that it was a family function and that they weren’t having their customers for the water skiing come to their house and they were picking them up at Waterhouses or Branbury.  David was also told he was running the business on his boat.
Randy explained that is what they requested, but that was not the case.  They are using their slide and dock.  They are advertised as a business and are a member of the Chamber of Commerce.  It’s clearly a business in a residentially zoned area.  There is a changing room built up on a platform.
Randy and Sue Laframboise will check back in a few weeks to see how things are progressing.
Board requested Zoning Administrator to issue a zoning violation to Kelly Churchill by certified mail.
New Business
Permit Application # 18-14-ZBA for Conditional Use from Dale Counter Parcel #020065.
Dale Counter was asked to present his application.  Dale indicated everything was on the paperwork. 
Jeff asked about the fence. 
Derrick showed where the fence has been completed and where it will continue.  It is a wooden stockade privacy fence.
Donna asked if they will put a fence behind Mrs. Lubinski’s. 
Derrick explained after derby season, 99% of the cars will be gone.  He told Mrs. Lubinski they would talk about it later on and if she wanted a fence, they would do it; giving her the option.
Mrs. Lubinski stated that it looks 1,000 % better now than when she went to Florida.  Last winter, it was a disaster and destroying the value of her property.  She appreciates everything they have done and they are good neighbors.  If he cleans it up in back, she may not need a fence. 
Dale stated that if she wants a fence, they will put one in.
Audrey asked what the business hours would be for the service station and hours for wood business.  Derrick stated the garage hours would be 8:00 – 5:00.  During the summer he doesn’t want to do weekends at all.  If he does anything, it will be Saturday 8:00 – Noon.  He would like to keep the wood out behind Mrs. Lubinski’s.  The wood splitters are quiet.  He might go up to 6:00 p.m.; no later.
Dale stated that if anyone has a complaint to go directly to Derrick.
There was discussion about the sign and the option to put a light on it.  The zoning regulation is no larger than 16 square feet.
 Bill asked about the store and commented it would be nice for the community if it was running.
Dale is interested in either leasing or selling; but is in no hurry. 
There were no written letters or phone calls in regard to the permit application.
Chair explained they will go into deliberative session to discuss the application.  The board came out of deliberation.
Motion by Jeff and second by Peter to approve permit application with conditions.  All in favor.  So approved.
Complete fence from North – South L Shape as shown on drawing.
Area between Rt7 and fence is maintained and mowed.
Submit a planting plan.
Sign per zoning regulations with down lights if lighted
Hours 8 – 6 M-F, 8 – 12 Saturday
Customer vehicles limited to 8.
Put fence behind Mrs. Lubinski’s if requested by her.
Old Business
Discussion about the Notice of Appeal to E-Court – Wellarkes VT, LLC.
Motion by Jeff to adjourn ZBA meeting at 8:15 p.m.   All in favor.  So approved.
Respectfully submitted,
Sandra L. Trombley, Secretary