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Meeting Minutes - ZBA

 
Town of Leicester
Zoning Board of Adjustment Meeting Minutes
Tuesday, January 29, 2013
*Unapproved*
 
** See subsequent minutes for any changes
 
Members Present:  Jeff McDonough, Donna Swinington, Connie Carroll, Bill Shouldice
 
Absent:  Pete Fjeld
 
Others Present:  Kate Briggs, ZA, Sandra Trombley, Secretary
 
Call ZBA to Order & Roll Call:  Donna called the ZBA Meeting to order at 6:00 p.m. with roll call.
 
Reviewed Agenda:  
 
50-12-ZBA, Applicant Benjamin & Kelly Small #202010, 231 Winding Way, Zoning District L1:
 
Donna read the warning.  
 
No interested parties were present in person.  Blair W. Allen, adjoining landowner, wrote a letter in support of the project.
 
No conflicts of interest of the Board. 
 
Kate Briggs presented for the applicant and gave an overview of the three part of the permit application in regard to the screened in porch, retaining wall and replacement deck and the tree house.  All three pieces require a setback waiver.
 
There is so much water that runs onto their property from the Tillman’s.  The Tillman’s have not completed the work on their property for water run-off.  This is why the Small’s would like the retaining wall.  They would like to deal with the water problem; as best they can.   A wall is a structure and does require a permit.
 
Kate provided photos.
 
No questions from the board.
 
No public comment. 
 
Donna went right into deliberative session.
 
 
Findings of Fact Section 363 Waivers:  50-12-ZBA Benjamin & Kelly Small
 
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:   None.
 
Motion by Jeff and second by Connie to approve minutes of October 30, 2012.  All in favor.  So approved.
 
Motion by Jeff and second by Connie to adjourn ZBA meeting at 6:15 p.m.    All in favor.  So approved.
 
 
Respectfully submitted,
 
Sandra L. Trombley
Zoning Board of Adjustment