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Meeting Minutes - ZBA 2/23/16

 Zoning Board of Adjustment Meeting
Tuesday, February 23, 2016
6:15 P.M.
** See subsequent minutes for any changes
Members Present:  Peter Fjeld, Chair, Donna Swinington, Bill Shouldice
Members Absent:  Jeff McDonough
Others Present:  Lynn & Craig (Rusty) deLancey, Mary Anne Sullivan, Sandra Trombley, Secretary
Call to Order/Roll Call:  Meeting called to order at 6:08 p.m. by Chair and roll call. 
Review Agenda:  Reviewed agenda. 
Approval of Minutes of January 26, 2016:
Motion by Bill and second by Donna to approve minutes of January 26, 2016.  All in favor.  So approved.
New Business:
Hearing (01-16-ZBA) Craig deLancey:
Meeting called to order by Chair.  Chair read the warning and explained the process.  The only interested parties present were Lynn and Craig (Rusty) deLancey. 
Chair asked if there were any conflicts of interest and/or Ex Parte communication by Board Members.  Chair mentioned that over the years Rusty had done work for him and he had done work for Rusty.  This is pretty common in a small town.  There were no conflicts of interest or Ex Parte communications.
Lynn and Craig deLancey were sworn in.
Chair gave Craig the floor to present the application. 
Craig explained history of the original permit. 
Craig explained that they hadn’t had any issues until a month or two ago.  They haven’t had any visibility problems.  As Dave’s business grew, he needed to use more area.  The State didn’t cut back on the corner far enough; so Dave cuts down the sumac, so they can see better around the corner.  The cars are out of the State right of way.  Since Dave has not been parking the cars out front, they have been having problems with cars turning around in their yard.
Craig presented a letter from Dave Wimett to be entered into the record; giving Craig permission to speak on his behalf due to the fact that Dave was vacationing away.
Craig also presented a petition to be entered into the record where many Leicester residents signed in favor of the zoning amendment.  Craig stated they had talked to all their neighbors and neighbors did not have a problem.
Craig stated that since the cars have not been parked out front, they have received many questions asking if Dave has gone out of business. 
Donna asked if someone complained.  Mary Anne stated that she was asked questions and she was obligated to look at it.  It is only concerning the two story part which is closer to the road than the other section. 
All evidence was presented and meeting closed to go into deliberative session.
Motion by Bill and second by Donna to approve to amend permit #01-04 ZBA to allow more parking.  All in favor.  So approved.
Old Business:  None
Public Comment:  None
Motion by Donna to adjourn ZBA meeting at 6:45 p.m.  All in favor.  So approved.
Respectfully submitted,
Sandra L. Trombley
Zoning Board of Adjustment Secretary