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Meeting Minutes - ZBA

 Zoning Board of Adjustment Minutes
Tuesday, September 24, 2013
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:  Doug Perkins, Elise Haydon, Kate Briggs, Sandra Trombley, Secretary
Call to Order/Roll Call:  Meeting called to order at 6:00 p.m. by Chair and roll call. 
Review Agenda:
Approval of Minutes:
Motion by Donna and second by Jeff to approve minutes of August 27, 2013.  All in favor.  So approved.
Kate reported on last night’s special warned meeting of the Selectboard to adopt interim zoning regulations.   Interim zoning regulations were adopted.  Interim zoning regulations exist for two years; generally done for a stop gap measure.
1.  New definition of a boathouse
2.  Added a definition of an envelope
3.  Front yard setback, new definition, on lake it is always talking from lake to first land development
4.  Took out definition of yard front – no interior lots
5.  Got rid of the Sec 330 Certificate of Compliance or Occupancy – opting out
6.  Sec 400 Exemption from permit - requires exemption form prior to construction
  • Language for handicap access ramp to a residence of a handicap person
7.  Public utility protected by state law
8.  Hunting, fishing, trapping protected by state law
9.  Sec 620 Waterfront lots in residential districts – any existing boathouse may be repaired or replaced if permitted by state statute or regulations.
The matter here tonight about the Perkins permit is to bless the walkway down to the lake which is after the fact.   Mr. Perkins thought he did not need a permit because of the way the regulations were written.
The other part of the application is the accessory use building Mr. Perkins wants to build on the footprint of existing waterfront dock.  The issues are the visual impact of a big building right on the shoreline in disturbing the land vs. the impact on the lake and more construction. 
Kate explained that it is a conforming lot of 2.83 acres.  Kate strongly urged the Board to do a site visit.
The Chair read the warning and made sure everyone signed in and asked if there were any conflict of interest.  There were none.  Chair had everyone giving testimony take the oath.
Permit Application 35-13-ZBA Applicant Douglas Perkins, 1750 Lake Dunmore Road, Leicester, Vermont Parcel # 212171.2, Zoning District Lake, requires setback waivers.
Doug Perkins came representing the Perkins Trust.  He explained that the lot was previously owned by the Glassners and was a double lot.  When they owned the property, they built a stairway down to the lake and put in a deck area on the shore and a small dock out into the water.  On the deck area, there was a small building.  It was the width of the deck and 4’ deep.  Over the course of Mr. Perkins’ construction activities, the stairway has been ripped out.  In its place he constructed what he thought was a handicap access ramp down to the waterfront.  The shack on the dock was unsightly and a mouse condominium with ants.  The shack has gone away.  What he would like to do is rip out the deck area and replace it with a sauna and dressing area building.  Setting it back would be a huge excavation project, so that they thought just to replace the structure already there would be better.
His mother is handicapped.  He will be building a house later after permits are applied for.
Kate mentioned Mr. Perkins never built a house; he has all accessory and no primary. 
This application is in two parts; two separate issues.
Elise Haydon explained that she lives on the north end of Fern Lake.  She has a clear view of this property from where she lives.  She recreates on the lake and has a variety of concerns.  This summer as she was kayaking she noticed an excavator going down this extremely steep hill.  She didn’t feel this was consistent with our Town Plan and appropriate for lake properties.  It poured the next day so runoff was an issue concerning our lakes.  She feels that we should stop building structures like this along the shoreline.  She finds them to be an eye sore.  It will create lake pollution, visual pollution.  The north end of Lake Dunmore is a really good example of what happens when structures are built right over the lake.  Now it is a different spot.  Fern Lake has a quiet, no wake lake, peaceful lake.    Elise referred to the Area Pattern Book and Leicester’s vision for the lake area.   There is a 75’ setback for L1.  Runoff is an issue.   This will set a precedence for Fern Lake.  She thinks it’s important to honor the vision for this area.  She was offended to see this construction without a permit.  She wants to protect our future.  She wanted to share her opinions.
The Chair explained the process to everyone.  
There was discussion about interested party status.  Interested parties are not restricted to abutting landowners.  
Board went into deliberative session.
Findings of Fact for New Accessory Use Building: 
Votes by Board
  1. For use permitted within the district as by right use (as opposed to conditional use).
    1. 4 – No
    2. Is in conformance with the town plan and goals.
      1. 4 – No     
    3. Conforms to the character of the land and design reasonably limits impact upon neighbors.
      1. 4 – No
    4. Design used incorporates design techniques, screening or other remedies to limit impact upon neighbors.
      1. 4 – No
    5. Accommodates structures providing for disability accessibility, fire safety and other requirements of land or energy conservation or renewable energy
      1. 4 – No
Statement of Findings: 
Part 1.  Ramp as it exists today is acceptable to the Board.
Part 2.  New Construction of Accessory Use Building - Permit Denied
Conditions for Approval:   No new construction occurs without permit.
Reasons for denial:  Non-compliant
Public Comment:  None
Motion by Donna second by Connie to adjourn ZBA meeting at 7:00 p.m.  All in favor.  So approved.
Respectfully submitted,
Sandra L. Trombley
ZBA Secretary