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Meeting Minutes - ZBA

Town of Leicester
Zoning Board of Adjustment Meeting Minutes
Tuesday, April 30, 2013
** See subsequent minutes for any changes
Members Present:  Pete Fjeld,Jeff McDonough, Connie Carroll, Bill Shouldice (came later)
Members Absent:  Donna Swinington, Sue Stroud-Speyers
Others Present:  Kate Briggs, ZA, Elizabeth Herrmann, Patrick Griffin, David Weller, Tim & Margie McCullough, Sandra Trombley, Secretary
Call ZBA to Order & Roll Call:  Peter called the ZBA Meeting to order at 6:03 p.m. with roll call.
Reviewed Agenda
Motion by Jeff and second by Connie to approve minutes of March 26, 2013.  All in favor.  So approved.
13-13-ZBA, Applicant:  Elizabeth Hermann, Landowner: Rochelle Zabarkes & David Weller #212127, 91 Catamount Drive, Zoning District L1:
Interested parties present signed in. 
Peter read the procedures for conducting a ZBA hearing and read the warning. 
Eric Houwen, an adjoining landowner, requested through email to Kate, to attend by phone.  Kate called the number given to get him on the phone.
No conflicts of interest/and or Exparte communication of the Board.
Interested parties were sworn in.
Elizabeth Herrmann explained that she is working with Rochelle & David.  They are also working with an architect in New York.  She filled out the application for the project.  The site is really small; right on the lake.  Patrick with Enman Engineering will be speaking.  The septic plan for the site is unconventional.  They have managed to fit it on the site and get a new well in on the lake side of the house.  She stated that the existing footprint is pretty close to the water and what is proposed is to expand the footprint a little bit on each side left and right of the lake. 
Elizabeth reported that since this plan was done, Dorothy Schuster who drew this plan, moved the leach field which is not permissible.  This plan no longer complies with the State regulations.
This plan and application will not be able to be considered tonight.
 As a result, we wouldn’t want to build it as proposed.  They will have to go through the application process again later, but Elizabeth would like to share a plan that is more likely to be like the one they will present at a later date.
Kate explained to Eric Houwen over the phone that the plan that was warned cannot be heard tonight due to the leach fields being moved on the plans.   They will need to present new plans and have a new hearing.  They ended the call.
There was discussion about regulations for setbacks, heights and elevations.  Elizabeth shared a proposed plan.
Kate explained that the issue raised from abutters is not primarily the location, but is the height and blocking existing views of the lake.   Kate explained that it is a non-conforming lot and even though they meet setback and height restrictions, the Board can consider the entire project and make any reasonable requirements. 
Patrick explained that the well and septic system has been approved by the State.
Margie McCullough asked about the road and the equipment on the road and damage that heavy equipment would cause.  She also asked about noise and how early and late the noise will continue.
Tim McCullough asked questions about the plan being able to build double the size when Komesar had to stay within the footprint.  Elizabeth was architect on that project and explained the difference was; the Komesar lot was extremely narrow and couldn’t meet setbacks on any side.
McCullough’s concerns are the road and the view.
The Board suggested the architect look at alternative plans and perhaps have discussions with neighbors to try to come up with something more agreeable to all.  Jeff recommended that perhaps they all meet prior to the next hearing.
Peter read Eric Houwen’s email into the record.  David Weller reported that Rochelle had emailed Eric, but had not heard back.
Motion by Jeff and second by Connie to adjourn ZBA at 6:52 p.m.
Respectfully submitted,
Sandra L. Trombley
Zoning Board of Adjustment