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Meeting Minutes - ZBA

Town of Leicester

Zoning Board of Adjustment Meeting Minutes

Wednesday, July 13, 2011



** See subsequent minutes for any changes


Members Present:  Pete Fjeld, Chair, Donna Swinington Jeff McDonough, Bethany Menkart, Connie Carroll


Others Present:  Kate Briggs, Kathryn Thibeaux, James Malcolm, Sandra Trombley, Secretary


Call to Order & Roll Call:  Pete called the ZBA Meeting to order at 6:30 p.m. with roll call.


Reviewed Agenda:   Reviewed agenda, changed to hear Thibeaux first.


Approve Minutes of April 20 & June 8, 2011:


Motion by Jeff to approve minutes of April 20, 2011 and June 8, 2011 as written.  Second by Pete.  All in favor.  So approved.


Thibeaux Hearing:  Chair read Warning:


Permit Application 15-11-ZBA, Patrick & Kathryn Thibeaux, 332 Mountain View Drive, Leicester, Vermont, Parcel #212039, Zoning District L1/L2, Set back waiver.


Kathryn Thibeaux and Jed Malcolm were sworn in.  No other interested parties or public were present.


Bethany visited the site.


Kathryn Thibeaux explained that they are asking for a variance to make the property more accessible.  The proposed decks are designed not to disturb the drainage flow through the property.  They want to work with the existing landscape and not detract from it.  It is a very steep decline from the house down to the water; approximately 5 stories.  They are thinking down the road into the future and be able to continue to use the property.


Jed Malcolm from Salamander Construction has done the design plan and did their removable dock system.


Discussion of dock and deck regulations.


The permit application is for a permanent structure.


Bethany asked if they thought about using the flat section of their land right on the path and still use the path and not have two very large decks. 


Kathryn stated they wanted to create an easy way to get from the house to the lake with shorter runs of stairs to the landings; minimizing the impact of getting from the house to the water.  They are trying to create an easy flow to get from the house to the water.  They want to work within the existing landscape of boulders.


The drawing submitted with the permit application did not accurately reflect the design on the topical map.  The Board needs to have accurate information.  Discussion on heights and widths.  The stairs are 5 feet wide.


The Chair stated that they would go into deliberative session and would have up to 45 days to make a decision.


Board went into deliberative session.


It was determined the plans were unclear and inaccurate with no elevations.  Size is excessive and does not meet the setback.  Plan is not an accurate portrayal of what this structure would actually look like when finished and no hardship. 


Denied based on submission of plans and does not meet criteria b, c, and d in Section 363: Waivers.  See Findings of Fact.


Hedley Hearing:  Chair read warning:


Permit Application 14-11-ZBA, Elizabeth Hedley, 198 Hooker Road, Leicester, Vermont, Parcel #222008, Zoning District L2, Enlargement of Non-conforming Structure


No interested parties or public were in attendance.


Bethany recused herself from this hearing.


Application was reviewed and the new structure does not increase degree of non-conformity.


Board went into deliberative session.


Permit was approved.  See Findings of Fact.


Motion by Connie to adjourn meeting at 7:02p.m.  Second by Donna.   All in favor.  So approved.


Next ZBA meeting August 30, 2011. 


Respectfully submitted,


Sandra L. Trombley

Planning Commission Secretary