Zoning Board of Adjustment MinutesTuesday, October 29, 20136:00 P.M.*Unapproved*** See subsequent minutes for any changes Members Present: Peter Fjeld, Chair, Donna Swinington, Jeff McDonough, Connie Carroll Members Absent: William ShouldiceOthers Present: Jonathan Blake, Crissy & Randall Johnson, Lynn Bisbee, Kate Briggs, Sandra Trombley, Secretary Call to Order/Roll Call: Meeting called to order at 6:02 p.m. by Chair and roll call. Review Agenda:Approval of Minutes:Motion by Jeff and second by Donna to approve minutes of September 24, 2013. All in favor. So approved. There are three hearings tonight. Chair read the procedures and the warnings for the hearings. Chair swore in Jonathan Blake & Randall Johnson. Parties signed in. Jeff McDonough commented that he knows all parties, but there was no conflict of interest. Permit Application 45-13-ZBA Applicant Randall Johnson, 3256 Lake Dunmore Road #10 Cove Point, Leicester, Vermont Parcel # 202126.03, Zoning Districts Lake 1 & Lake 2, requires setback waiver.Randy presented his application and explained that he wants to take out an old truck body off the end of his building and wants to build a 10’ x 12’ permanent structure for an office/computer room. He is 64’ from center of the road and needs a setback waiver. There were no questions from the Board and no one had heard from any abutters. The Chair explained the procedure to the applicant. Board went into deliberative session at the end of the evening. The findings are as follows:Findings of Fact: Votes by Board
For use permitted within the district as by right use (as opposed to conditional use).
4 – Yes
Is in conformance with the town plan and goals.
4 – Yes
Conforms to the character of the land and design reasonably limits impact upon neighbors.
4 – Yes
Design used incorporates design techniques, screening or other remedies to limit impact upon neighbors.
4 – Yes
Accommodates structures providing for disability accessibility, fire safety and other requirements of land or energy conservation or renewable energy
4 – Yes
Statement of Findings: Approved with conditions.Conditions for Approval: Truck body needs to be removed from site.Permit Application 43-13-ZBA Applicant Jonathan Blake for landowner Nickolai Bodrov, 768 Indian Trail Road, Leicester, Vermont Parcel # 202103, Zoning District Lake 1, requires setback waiver.Jonathan Blake explained that the new sauna house is going on existing well house. He brought some color pictures. The dimension of the existing well house is 5x8. The sauna is bigger. The electricity is already there and a water pipe is there; as well. There were two different plans and Board was not sure which one they planned on using. Kate asked what the grade/incline/slope is. Jonathan explained it is a 20% grade more or less. Kate asked if any trees will need to come down. Jonathan explained they anticipate they would need to take down two trees. Kate explained that the permit application requires a definite set of plans for the application. She explained that you can’t have multiple plans. Jonathan said he would determine the plan structure would be 22 x 30. Kate asked Jonathan if they were rushing to get a permit approved before any shore land protection was voted in. He stated that it will not be built this year. Kate asked the question again and Jonathan stated he would recommend that to anyone. Jonathan stated that it is 34’ from the shoreline. Chair asked why it couldn’t meet the front yard setback. Jonathan stated that if they met the setback requirement it would have to be moved up the hill where it is extremely steep, and they would have to clear cut about 20 trees. There is already water and power at the site where the well house used to be. Kate asked how critical accessory structures are to the use of the property. There were no responses from abutting owners, but one piece of mail was returned. The Chair explained the procedure. Board went into deliberative session at the end of the evening. The findings are as follows:Findings of Fact: Votes by Board
For use permitted within the district as by right use (as opposed to conditional use).
4 – No
Is in conformance with the town plan and goals.
4 – No
Conforms to the character of the land and design reasonably limits impact upon neighbors.
4 – No
Design used incorporates design techniques, screening or other remedies to limit impact upon neighbors.
4 – No
Accommodates structures providing for disability accessibility, fire safety and other requirements of land or energy conservation or renewable energy
4 – No
Statement of Findings: Denied.Reasons for Denial: Does not meet front yard setback.Permit Application 42-13-ZBA Applicant Randy Bisbee, 2108 Old Jerusalem Road, Leicester, Vermont Parcel # 010003, Zoning District RA, requires front yard setback waiver.Chair read warning and asked if there were any conflicts of interest. Peter recused himself as one of the abutters. Connie disclosed she sold them paint, but no conflict of interest. Lynn Bisbee presented the application in Randy’s absence. The barn had to be built where it is; otherwise it would be in a stream of water comes down from the pasture. It is setback as is the house. Kate informed that this property did not meet the Ag requirements and still need setback waivers. It is the only buildable area on the property. Submitted application in good faith and Board will not charge extra $25 for permit after the fact. There were circumstances where the building needed to be rushed. The neighbors all submitted letters of support. No questions from the Board. The Chair explained the procedure. Board went into deliberative session at the end of the evening. The findings are as follows: Findings of Fact: Votes by Board
For use permitted within the district as by right use (as opposed to conditional use).
3 – Yes
Is in conformance with the town plan and goals.
3 – Yes
Conforms to the character of the land and design reasonably limits impact upon neighbors.
3 – Yes
Design used incorporates design techniques, screening or other remedies to limit impact upon neighbors.
3 – Yes
Accommodates structures providing for disability accessibility, fire safety and other requirements of land or energy conservation or renewable energy
3 – Yes
Statement of Findings: Approved without conditions.Public Comment: None AdjournmentMotion by Donna second by Connie to adjourn ZBA meeting at 7:00 p.m. All in favor. So approved. Respectfully submitted, Sandra L. TrombleyZBA Secretary
