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Meeting Minutes -ZBA


Town of Leicester

Zoning Board of Adjustment Meeting Minutes

Tuesday, October 25, 2011



** See subsequent minutes for any changes


Members Present:   Pete Fjeld, Chair, Donna Swinington, Connie Carroll, Jeff McDonough, Jim Russo


Others Present:  Kate Briggs, Brad Cushing, Steven Fifield, Scott Quesnel, Sandra Trombley, Secretary


Call to Order & Roll Call:  Peter called the ZBA Meeting to order at 6:01 p.m. with roll call.


Reviewed Agenda:  


39-11-ZBA Cushing Family LLC, Parcel #202101 L1


Kate explained that the parcel had two houses on it that preceded zoning.  He approached her last year about demolition and building a new house on the property.  We thought he met the setbacks at that time.  It did not go to the ZBA.  This is a preexisting, nonconforming use because you have two buildings on a single parcel less than an acre.  Kate approved the permit.  When it came time to build, an abutting landowner said that the property line was not where you think it is; it’s somewhere else.  Both parties agreed to a survey.  In fact, that existing house was not 25’ away.  We addressed the possibility of moving the house and that was not an option. 


The issue here is really about the setback from that property line.  They also looked at doing a boundary adjustment, but the abutting property owner did not want to do that.  He has come to the Board to do this.


It is confusing as to whether Kate made an error in not referring this to the ZBA in the first place.  According to our zoning regulations this was a nonconforming use having two buildings on the same lot; but on the other hand, the State has this thing about lots with multiple structures.

It’s complicated.  This could have been subdivided.


Brad does want to put the building where it used to be and is here to talk about the replacement of this building.  He does not meet the setback.


Chair discussed Interested Party Status.


No public present, other than applicants.


Chair requested disclosure of any conflicts of interest and/or Ex Parte communications by Board members.


Chair swore in persons giving testimony tonight.


Brad Cushing explained that they demoed the building and dug the foundation per a permit issued a year ago.  In the meantime, the abutter was concerned about the trees and had the line surveyed.  When he bought the house from Sally Conlin, he was shown a pin in the lake and said that was the property line that went back to the woods.  So, he measured off from that pin and it was more than 25’.  He doesn’t know if the Fenn’s knew that the property line was in a different location or not, but when it was surveyed, Brad was only 16’ from the property line.  Brad thought it was more than 25’.  That being the case, he came back and applied so that he could put the building right back where it was.  Brad wrote a letter to the Fenn’s about their concern over the trees and their privacy and told them he would not put a driveway on that side of the property and do a garage under the house to preserve the trees.


Kate stated that she met with the Fenn family.  They are certainly aware of all this and been part of the process.  The O’Connor’s are fine with this.


Donna asked about the 32’ height.  Brad stated that he had made a mistake on the application and explained the plans.  There was discussion about the roofline and the distance to the midline of the roof. 


The second house is for rental and is making it a year round house.  The existing house that is not being removed is a seasonal place and will stay that way.  Brad has put in a new well 400’ deep and a state approved special sewage system with a treatment facility.


There was no further evidence presented. 


Jim excused himself from the next hearing as he needed to leave early due to prior commitment.


38-11-ZBA Steven Fifield Con’s Parcel #202045 L1


Kate gave some background on this application.  Sweeney’s want to extend their deck and close in part of their deck.  They are looking at the issue of expanding the deck slightly and screening in part of it.  No State or Federal permits required.  They are increasing the nonconformity.  It is an extremely small lot.


Connie stated that this deck is right on the lake.


Steven explained that they are cantilevering off the deck.  They are not putting any post into the ground.  They are scissoring off the existing post just to get another 4’ toward the water.  They are screening in the existing deck.  See through screen 12 x 8 area and the rest will stay open.  There will be rails all the way around.





35-11-ZBA Lisa & Tom O’Connor  Parcel #202110 L1


Application was withdrawn.


Other Business:    None


Public Comment:  None




Motion by Jeff to adjourn regular meeting at 6:45 p.m. and go into deliberative session.  Second by Connie.   All in favor.  So approved.


Next regularly scheduled ZBA meeting, November 29, 2011.


Respectfully submitted,


Sandra L. Trombley

Planning Commission Secretary