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Meeting Minutes - ZBA

 Zoning Board of Adjustment Minutes
Tuesday, July 30, 2013
6:00 P.M.
** See subsequent minutes for any changes
Members Present:  Peter Fjeld, Chair, Donna Swinington, Jeff McDonough, William Shouldice, Connie Carroll,
Others Present: Paul Breimyer, Roy Zimbeslin, Sandra Trombley, Secretary
Call to Order/Roll CallMeeting called to order at 6:00 p.m. by Chair and roll call. 
Review Agenda:
Motion by Donna and second by Jeff to approve minutes of June 25, 2013.  All in favor.  So approved.
Hearing for Crowley and Breimyer 29-13-ZBA at 81 Fox Lane Parcel #212114 was heard. 
Introductions were made.  Chair read the public warning and the meeting process that would be followed.
Chair asked if there were any conflicts of interest and/or Ex Parte communications by Board members. 
Bill Shouldice recused himself as he is a relative of Kelly Crowley.
Chair swore in parties that would be giving testimony.  No letters, emails or calls from interested parties. 
Permit Application 29-13-ZBA Applicant & Landowners Kelly Crowley & Paul Breimyer; Arthur & Mary Crowley, 81 Fox Lane, Leicester, Vermont Parcel # 212114, Zoning District L1, requires setback waiver.
Paul Breimyer represented their application for a setback waiver for a deck. 
Kate reported that this is a confusing situation.  This is a proposal for a deck that is not yet constructed.  The photo shows a non-permitted structure that was built that overlaps Roy’s property. 
Kate mentioned there needs to be consistency with the town zoning regulations and town plan.  The informing of abutters is primarily established for the legal rights of abutters should they go to environmental court.
Kate recommended that people consult with their neighbors whether they need a permit or not.
The non-permitted deck will be removed from the site.  This permit application is just looking at the new proposed deck.
Kate stated that it is a very small property, and we are very concerned about shoreline protection.  Kate recommends a site visit in this case.  It is a very steep slope and it is hard to capture in pictures. 
Roy agreed with a 10’ setback, all vegetation needs to be replaced and they need to meet all state and local requirements.  Roy thinks the cement footings need to come out. 
Paul explained what the State told him about the cement footings.  After talking with Kate, there seems to be different opinions at the state level.  They will be looking further into this.
Paul explained that no matter what they do to this very small lot, they would need a variance.  They are trying to work with the neighbor.  He stated that even though there is a very steep slope that the land levels off and that is where the deck will be built.  There is no possible way they could build the deck with proper water access.  Paul mentioned they have young children and grandparents and it is not safe for them to access the water.
The proposed construction is with pressure treated wood and screws.  There is no concrete, no tree removal requested.  They are putting the tree in the middle of the deck.
Paul explained that he had received a letter that he was in violation of the other deck which is to be removed and asked for the fee to be delayed.  The Board explained that this was a decision that the Zoning Administrator would need to make; they could not.
Chair asked if Board would like to make a site visit.  Jeff offered his boat.  Mr. Zimbeslin offered to let Board use his road to walk down.
Chair explained that after the meeting they will go into deliberative session and the Board has 45 days within which to issue a written decision.  They will be notified.
Findings of Fact:  Kelly Crowley & Paul Breimyer; Arthur & Mary Crowley
Votes by Board
  1. For use permitted within the district as by right use (as opposed to conditional use).
    1. 4 – Yes
  2. Is in conformance with the town plan and goals.
    1. 4 – Yes    
  3. Conforms to the character of the land and design reasonably limits impact upon neighbors.
    1. 4 – Yes
  4. Design used incorporates design techniques, screening or other remedies to limit impact upon neighbors.
    1. 4 – Yes
  5. Accommodates structures providing for disability accessibility, fire safety and other requirements of land or energy conservation or renewable energy
    1. 4 – Yes
Statement of Findings:  Permit Approved
Conditions for Approval:  
At least 10 feet from north property line.
Replant neighbors vegetation.
In-water structures need to meet state standards
Public Comment:  None
Motion by Jeff to adjourn ZBA at 6:50 p.m.  Second by Bill.  All in favor.  So approved.
Respectfully submitted,
Sandra L. Trombley
ZBA Secretary