Meeting Minutes - ZBA
Zoning Board of Adjustment Minutes
Tuesday, March 29, 2011
6:00 P.M.
*Unapproved*
** See subsequent minutes for any changes
Members Present: Peter Fjeld, Chair, Donna Swinington, Bethany Menkart, Connie Carroll, Jeff McDonough
Others Present: Sandra Trombley, Secretary, Glen & Lynne Peck, Cass & Carol Tillman, John & Kathy Dick, Diane Snyder, Sherry Klink, Mr. & Mrs. Stanley Livingston, Janet Cornell, Andrew Menkart.
Call to Order/Roll Call: Meeting called to order at 6:00 p.m. by Chair and roll call.
Review Agenda: Revised agenda to hear Livingston application first and Tillman second. schedules.
Permit Application 01-11-ZBA Broadview Estates, Stanley Livingston, 2747 Lake Dunmore Road, Leicester, Vermont Parcel # 212208, Zoning District L2, side setback waiver.
Bethany Menkart recused herself from the Board for this hearing; as she is an interested party and adjoining property owner.
Chair read the public warning and the meeting process that would be conducted.
Chair swore in parties that would be giving testimony.
Letters from interested parties or interested parties in attendance will be read/heard after applicants have given their testimony.
Stan Livingston gave his explanation about the property her purchased on a slab with a foundation underneath. The structure was in very poor condition. He tore down the structure, tore out the slab and foundation that was there. It was all ledge and he dug back the ledge as far as he could. He put the house right back where the prior existing house was. He couldn’t get it any farther back into the ledge.
He went to see Kate, at the time, and told her he couldn’t get it any farther back into the ledge to meet the setback as it should be. She told him to go ahead and put it in there because it was where the existing house was. The existing house did not meet the setbacks.
The wires have always been a problem. He put conduits all along the road and put in two new poles on the property. He’s waiting for Comcast to take their wire down, but Fairpoint and electrical wires have been taken down. Wires will be underground.
Letter was read into the record from Kate stating that Betty Bearor, an adjoining property owner, could not attend the hearing, but was in strong support.
Chair opened for public comment and questions.
Andrew Menkart commented that it was a nice looking house and looks 100% better than it did. He asked a question about the setback waiver requests; whether there were two waiver requests.
Stan was afraid if he blew the ledge up, he would damage the well. He didn’t change where the old house was.
Andrew asked about the setback waiver for the deck on the west side and the dimensions.
Stan said he would like to build a 10 x 16 deck.
Andrew stated that a 10’ deck would encroach on the setback and Stan agreed. Andrew asked if the deck could be narrower and not have a setback waiver.
Stan didn’t think it would hurt anything to have a 10’ deck. He thinks 8’ would be minimum, but 10’ would be better.
Bethany asked about access through the garage; and Stan agreed there is access through the garage, but he would prefer they walk up the stairs to the front door from the deck. The deck would come out and the stairs would go back. The stairs are not going to come out toward the road.
Andrew asked about the old driveway and Stan stated the old driveway would be going away.
Bethany was concerned about erosion and runoff; as they live across the road. Plantings would help.
Stan stated that 95% of any runoff is to the north of the house. Very little comes down the driveway. He did grading to help with the runoff.
Sherry Klink commented their concern of what happens when people decide to change their old camps into new camps. She asked if a person could take down and old camp and put up a new camp as long as they stay within the same footprint without any appeal or building permit?
The board commented that that person would still be required to put in an application for a permit and still have to ask for a variance.
Question asked about inspections of foundations.
Stan commented that he had Kate come and look at it and approve it.
There is a garage underneath this house. Posts will support the deck.
Bethany asked again about plantings along the front.
Stan had not thought of it. He thought probably whoever purchased it, would do the landscaping and plantings.
Stan stated that the old house had a deck. Others did not remember a deck.
Andrew Menkart stated he agrees he needs some access, but if the deck is requiring a waiver, a smaller size would be important.
Lynne Peck commented that her concern would be this type of thing setting precedence if the board allows a waiver for a deck for this one, then someone else might want the same.
Chair stated that the board will deliberate on this permit application and hearing and come up with a decision.
Donna Swinington had to leave the meeting due to other commitments. Bethany joined Board.
Continued to next application for Tillman’s.
Permit Application 02-11-ZBA Cass & Carol Tillman, 235 Winding Way, Leicester, Vermont, Parcel # 202009, Zoning District L1, variance and setback waiver.
Chair read the public warning and the meeting process that would be conducted.
Chair swore in parties that would be giving testimony.
Letters from interested parties or interested parties in attendance will be read/heard after applicants have given their testimony.
Cass gave an explanation that they listened very well at the last hearing and heard the concerns of neighbors and interested parties. They heard the concern of the size of the project and where snow and rain would go. They have scaled back their proposal to what they consider meeting the requirements and all the setbacks; and deals with the footprint that currently exists on the property. They would like to raise the roof on the house as it currently exists to put a 5/12 pitch roof. He provided pictures of the ice dam and ice problem this year.
Phase 1. They would like to raise the roof 5 ½ - 6’. They listened to neighbor concerns last time and all of the rain and snow would drop on the Tillman property.
Phase 2. They would like to add a 16 x 12’ 4” covered front porch. It meets all the setbacks.
That is all of the extent of the project. Drawings were provided. Cass explained that they have dropped the elevation of the roof, contained the project to the footprint, and meeting all the setback requirements.
Lynne Peck asked questions about the roof on the deck and front room; and adding a deck to the house.
Bethany asked about gutters. Cass explained they are talking about adding rain barrels and French drains. They are looking at metal roofs.
Letters from Omar Hopkins, Molly Hazen, Ziyad Hopkins, Richard Hopkins & Gayle Meunchow, Asa Hopkins, Even & Meg Kaplaw, Don T. & Martha H. Myers were read into the record protesting the application as they are not able to attend meeting.
A letter from Glen & Lynne Peck was submitted to the Board as evidence, but Lynne requested to read and represent her own letter.
Discussion about a playhouse that was built 13 years ago. They were not informed that this was an illegal structure.
Bethany commented that this is about being good neighbors.
Lynne Peck commented that she spent a lot of time reading the zoning book. Her letter is based on the book. They have a terrible problem with water that comes off the Tillman property. The water that comes off their asphalt driveway is an issue.
She talked about the 5 part test, page 28 of the Leicester Zoning Bylaws. It’s required you pass this test. It passes the A test. She read the B test and C test and does not believe they pass discussing space problems and negative impacts on them due to trespass. Again, concern about French drains and had questions about the water diversion. Lynne does not feel the concept fits the neighborhood. There is a large tree directly on the property line. She was wondering about their future plans. Test D talks about design technique and Lynne doesn’t feel they are meeting this test. She doesn’t feel they meet Test E with such limited access that they have. Their septic system is in the front yard. Their house is too big for the lot. She doesn’t know how this project can begin without impeding on them as property owners.
Lynne mentioned the lister card on the Tillman house. The card says they have a three bedroom house. She wanted to know when the house went from a three bedroom house to a four bedroom house. She wanted to know what they are doing inside their house.
The Board interjected that this is a State issue and not what they are there for tonight.
John Dick commented that they are fixing the roof to improve the situation. He felt they have done a good faith effort to improve the project from the original design. He stated he was originally against the large project, but would support this project.
Kathy Dick also commented that she felt that had made a huge cutback from the original plan which was clearly not appropriate. It evens out the roofline. It makes an attempt at dealing with the water that is coming down now. They can’t do anything about Lynne’s concern short of chopping off the building. She thinks it will be an improvement in the appearance of the place.
Lynne felt that she didn’t think she was crazy to ask them to cut back their footprint of the garage so it doesn’t encroach upon her property.
Cass explained he appreciated all their generosities over the years, but felt that tearing down their garage was a little too much.
Lynne commented she still doesn’t feel they meet the test for the waiver.
Recessed at 7:20 p.m. to go into deliberative session.
Findings of Fact: Tillman
Votes by Board
1. For use permitted within the district as by right use (as opposed to conditional use).
a. All – Yes
2. Is in conformance with the town plan and goals.
a. 3 – Yes
b. 1 – No
3. Conforms to the character of the land and design reasonably limits impact upon neighbors.
a. 3 – Yes
b. 1 – No
4. Design used incorporates design techniques, screening or other remedies to limit impact upon neighbors.
a. 3 – Yes
b. 1 – No
5. Accommodates structures providing for disability accessibility, fire safety and other requirements of land or energy conservation or renewable energy
a. 3 – Yes
b. 1 – No
Statement of Findings: Permit Approved
Conditions for Approval: The Board recommends the use of a permeable material for the driveway to increase the amount of permeable surface on the property other than asphalt.
Findings of Fact: Livingston
Votes by Board
1. For use permitted within the district as by right use (as opposed to conditional use).
a. 3 – Yes
2. Is in conformance with the town plan and goals.
a. 3 – Yes
3. Conforms to the character of the land and design reasonably limits impact upon neighbors.
a. 3 – Yes
4. Design used incorporates design techniques, screening or other remedies to limit impact upon neighbors.
a. 3 – Yes
5. Accommodates structures providing for disability accessibility, fire safety and other requirements of land or energy conservation or renewable energy
a. 3 – Yes
Statement of Findings: Permit Approved
Conditions for Approval: Deck should not have more than a 10’ projection.
Full findings and decision will be signed at a later date.
Adjournment
Motion by Jeff to adjourn at 8:25 p.m. Second by Pete. All in favor. So approved.
Respectfully submitted,
Sandra L. Trombley
ZBA Secretary