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DRB Notice & Minutes 10-10-2023

Town of Leicester 

***Notice of Public Hearing*** 

 

The Leicester Development Review Board will hold a public hearing on Tuesday, October 10, 2023, at the Leicester Town Office at 6:00 p.m. to consider the following applications: 

(25-23-DRB) Cory and Tammi Lumbra, 108 North End Point for 28’ x 32’ 2 car garage (setback waiver).  Section 2.4.3(e) of the Leicester Unified Regulations.  Parcel ID #212146, 108 North End Point, Lake District 2, submitted by Cory and Tammi Lumbra. 

Applications are available for inspection at the Town Clerk’s Office, 44 Schoolhouse Rd., Leicester, VT during regularly scheduled hours. 

 


Participation in this proceeding is a prerequisite to the right to take any subsequent appeal.  

Jeff McDonough 

DRB Chairman 

09/07/23 

 

 

Town of Leicester 

Development Review Board Meeting 

6:00 P.M. Tuesday, October 10, 2023 

Leicester Town Office 

 

AGENDA 

 

  1. Call Meeting to Order / Roll Call 

  1. Review of Agenda 

  1. New Business including the following applications: 

 (25-23-DRB) Cory and Tammi Lumbra, 108 North End Point for 28’ x 32’ 2 car garage (setback waiver).  Section 2.4.3(e) of the Leicester Unified Regulations.  Parcel ID #212146, 108 North End Point, Lake District 2, submitted by Cory and Tammi Lumbra. 

 

 Application is available for inspection at the Town Clerk’s Office, 44 Schoolhouse Road, Leicester, Vermont during regularly scheduled hours. 

Participation in this meeting is a prerequisite to the right to take any subsequent appeal. 

  1. Old Business 

  1. Public Comment 

  1. Adjourn 

 

 

Town of Leicester, VT 

Development Review Board 

Minutes Public Hearing October 10, 2023 

Members present: Jeff McDonough Participants:  Cory Lumbra 

                                  Jay Michael          Tammi Lumbra  

     Donna Swinington           Lauren E. Hayden 

          Keith Arlund, ZA 

!.  The Chair opened the hearing at 6:00 pm. 

2.  The agenda was reviewed and approved. 

3.  The Chair swore in all participants identified above that desired to testify. 

4.  New Business: 

a.  (25-23 DRB) Application of Cory & Tammi Lumbra for a Section 3.7 Waiver in accordance with the Town of Leicester Unified Zoning Bylaw dated April 10, 2017, of setback requirement for a 28’ x 32’ garage at 108 North End Drive, Parcel ID #212146 in the Lake 1 Zoning District.  

 

A copy of the application. A sketch plan and pictures of the proposed garage are attached hereto for reference. 

 

 5The Chair recognized the applicants for the presentation of their plans. The applicants testified that: 

  a.  The property was purchased 8 years ago. 

bThere is a gravel driveway and parking area that is partially covered by gravel of various sizes. 

c.   There is a large oak tree on the property that sheds acorns from mid-August to November a 

causes damage to their vehicles.  The oak tree cannot be removed under the current state shoreland protection guidelines.  The permit was issued after an extensive evaluation by Shoreland Protection. 

d.   The purpose of the garage is to protect their vehicles and provide space for a tractor that is used to grade the roadway and remove snow during the winter months.  The garage is sized to allow  for their vehicles which includes two 10’ doors. 

e.  The applicants applied for and received Shoreland Protection Permit No. 4037-SP for previous work done on the lakeside of the building and the proposed garage. 

f.  The northeast corner of the garage will be nine (9) feet from the property line and the southeast corner will be twenty-six (26) from the property line.  The setback requirement in the L 1 District is 25’ from the property boundary. 

g.  The proposed garage is in the “shadow” of the existing camp and does not impact the view along the driveway of abutting parcel. 

hThe water line is under the driveway and has been gravel since it was purchased. 

i.   It is the intention of the applicants to make this property their year-round home after retirement. 

 

6.   The Chair recognized Lauren E. Hayden owner of the property adjacent to the applicants’ property who testified as follows: 

a.  They have owned their property since 2005.  They live full time at the north end of the lake. 

b.   The addition of a garage on this small parcel appears to be inconsistent with the Leicester Lakes Area Pattern Handbook dated May 2008. 

c.  The area in question is a small, narrow peninsula with many seasonal camps that over time are being converted into year-round camps.  She is concerned that allowing this project will result in similar, additional uses. 

d  The Fern Lake area is not overdeveloped, has vegetation, is wooded, and used for various recreational activities.  The lake is used for swimming, kayaking and other water recreation uses. 

e.   The Saxe/Hayden property is at the north end of Fern LakeThey recently acquired the property abutting the applicants which has a building site, power pole and a driveway.  There is no plan now for future development of the directly abutting property.  The two parcels have been maintained separately since their purchase.  The future use is uncertain now. 

f.   The addition of a two-car garage does not fit into the pattern of development around Fern Lake and might lead to the addition of other garages in this area. 

g.   She stated that numerous trees have been removed from this parcel. 

h.   The garage as proposed will not impact the view of the lake from their year-round home. 

i.    The addition of a 32’ garage wall along the perimeter of their land is not acceptable to them.  She feels that their use of the abutting property for walking and other activities will be limited with the addition of a garage this large.  She feels that a two car garage is not appropriate for a seasonal. 

 

After completion of the presentations by the parties, the DRB members questioned as follows: 

  1.  The Chair and members asked if there is any accommodation in the location or size of the garage that would make the application acceptable.   

 

The response from the applicants is that the size of the garage is required for two vehicles and their tractor.  The size of the garage could be smaller, but this would not meet their needs.  The state has determined that the project will not impact the lake, but that permit does not address the setbacks which are the subject of this hearing.  It may be possible to move the garage to the south, but this might limit the space available for visitors.  There is a 4’ space between the camp and the proposed garage for snow that falls from the camp roof. 

 

Ms. Haydon replied that there is a specific reason for property line setbacks and the regulations should be followed.  She is concerned that to allow this project would encourage other similar projects and continued building growth in this fragile area. 

 

The members of the DRB reviewed the plot plan of the existing structures on the parcel, the proposed garage additionThe location of the driveway serving the directly abutting parcel owned by Saxe/Haydon is along the boundary line.  There is no building or other structure on this parcel now. 

 

In response to a question from the applicants Ms. Haydon replied that they do have a long, narrow shed that was built on a slab that was on their property when it was purchased.  

 

The applicants attempted to follow all the guidelines from the state in the proposal for the garage.  They have further protected the shoreline area in front of the camp and have taken further measures to follow the protection rules provided to them. 

 

There was a general discussion of property lines and certain markers that are not relevant to the location of the garage. 

 

In response to questions about the size and location of the garage, the applicants indicated that moving it forward and smaller will not meet their needsThe applicants conceded that it may be possible to reduce the size to allow for one vehicle and the tractor. 

 

The Chair allowed for any final comments. Ms. Hadon reiterated her concern about the existing driveway is imperviousThe applicants responded that Shoreland Protection determined that large gravel on top of smaller gravel is pervious. 

 

The Chair ended the public portion of the hearingMotion by Michael, second by Swinington to enter deliberative session at 6:50 pm. 

 

The deliberative session ended at 7:15 pm and the Chair reopened the hearing. 

 

On Motion by Swinington, second by Michael the DRB voted unanimously to deny the application for the Section 3.7 Waiver setback requested in the Application for Zoning Permit # 25-23 DRB.