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DRB Minutes 11-15-2022




Minutes of Application #20-22 DRB Hearing November 15, 2022


Members Present:  Jeff McDonough, Chair

                                        Donna Swinington

                                        Jay Michael

                                        Sarah Jane Von Trapp


Others Present:  Jason Barnard, Barnard & Gervais, LLC

                                  Jane L. Dessureault, Property Owner

                                  Julie Delphia, Abutting Property Owner

                                  Keith O. Arlund, Zoning Administrator


  1.   The Chair opened the hearing at 6:00 PM and swore in all participants intending to speak.


  1.   The Notice of the Public Hearing was read by Jay Michael, Clerk of the DRB.


  1.   The Notice of Hearing was published in the Addison Independent, newspaper of record, on December 20 & 27, 2022 and posted at the town offices.


  1.    Jason Barnard, Barnard & Gervais, presented the board with the plan for a three (3) BEDROOM single-family dwelling to be constructed at Lake Dunmore Road and Red Gate Road. 

                a. The dwelling is to be built on a 2.1-acre site. The proposed location will require a waiver of the front yard setback of 4' from the required 75' from Lake Dunmore Road and the rear yard setback of 8’ from the required 50'.  This parcel, #222018, is a pre-existing small lot.

                b.  The request as submitted will allow design flexibility for the proposed home and garage.

                c.  The approved State of Vermont Water and Wastewater Permit Number WW-9-2049, dated September 26, 2014, for a three (3) bedroom home will be updated for this project.  The proposed site meets the isolation distances of the septic system and well.  The water and septic will be constructed at the same time as the dwelling and garage.  The south corner of the structure is 26' from the septic system. The minimum setback is 25'.

                d.  It was noted that the topography to the west of the site is relatively steep as indicated on the site plan sheet.  He stated that the area to the south and east would be armored with stone and that the structure will have gutters to collect and direct water run-off.


  1.   Julie Delphia presented the DRB with a letter (dated November 15,2022) and pictures of the site that were entered into the hearing record. 

                a.  The primary objection is to the location of the structure within the required 50' setback to her property boundary and the impact on the privacy of her parcel.

                b.  The location will require the removal of trees and excavation that could impact her property which surrounds this project on three sides:  north, south and east.

                c.  The location of structure so close to the steep terrain will cause roof run-off to adjacent property.

                d.  Ms. Delphia suggested that the structures be moved or changed to meet the setback of this district.   The Leicester zoning regulations require that any variance be the "minimum variance".


  1.    Following general discussion with the DRB, the applicant, and Ms. Delphia, Mr. Bernard suggested that the location of the structures could be moved to east to allow the 50' setback to the property boundary and result in an approximate setback of 60' from the centerline of Lake Dunmore Road.


  1.   The Chair suggested that the hearing be recessed to allow for the submission of a new site plan.  The hearing was recessed at 7:00 pm pending receipt of the new site plan agreed to by the applicant and Ms. Delphia.


  1.   The Chair reconvened the hearing for 20-22 DRB on December 7, 2022, at 6:00 pm.


  1.   Jason Barnard presented the revised site plan that moved the proposed dwelling to the east and eliminated the need for a setback waiver from the rear (west) property boundary.  The revised plan will require a waiver of the front-yard setback of sixty (60) feet from the centerline of Lake Dunmore Road.


  1.   Ms. Delphia concurred with, and approved, the revised site plan.


  1.   The Chair closed the reconvened hearing 20-22 DRB at 6:20 pm and the DRB moved to enter deliberative session at 6:35 pm.


  1.   The Chair reopened the hearing at 6:30 pm.


  1.   Motion by Jay Michael, second by Donna Swinington, to approve the waiver of front-yard setback of sixty (60) feet from the centerline of Lake Dunmore Road.  The motion was unanimously approved.


  1.   The hearing on application 20-22 DRB adjourned at 6:35 pm.


Respectfully submitted,


Keith O. Arlund

Leicester Zoning Administrator