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DRB Notice & Minutes 12-12-23

 

Town of Leicester 

***Notice of Public Hearing*** 

  

The Leicester Development Review Board will hold a public hearing on Tuesday, December 12, 2023, at the Leicester Town Office at 6:00 p.m. to consider the following applications: 

 

(31-23-DRB) Cory and Tammi Lumbra, 108 North End Point for 26’ x 32’ 2 car garage (setback waiver).  Section 2.4.3(e) of the Leicester Unified Regulations.  Parcel ID #212146, 108 North End Point, Lakeshore District 1, submitted by Cory and  
Tammi Lumbra.  This application requests a boundary line setback of 15’ 9”.  (The standard in L-1 is 25’.)  

 

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, December 12, 2023 

Leicester Town Office 

 

AGENDA 

 

  1. Call Meeting to Order / Roll Call 

  1. Review of Agenda 

  1. New Business including the following applications: 

 

(31-23-DRB) Cory and Tammi Lumbra, 108 North End Point for 26’ x 32’ 2 car garage (setback waiver).  Section 2.4.3(e) of the Leicester Unified Regulations.  Parcel ID #212146, 108 North End Point, Lakeshore District 1, submitted by Cory and  
Tammi Lumbra.  This application requests a boundary line setback of 15’ 9”.  (The standard in L-1 is 25’.) 

 

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 December 12, 2023 

Members present: Jeff McDonough Participants:  Cory Lumbra 

                                  Jay Michael          Tammi Lumbra  

     Donna Swinington           Lauren E. Hayden 

     Bill Shouldice           Thomas Hogan 

           Pauline Hogan 

           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.  (31-23 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 submitted by Cory & Tammi Lumbra for a 26’ x 32’ garage at 108 North End Drive, Parcel ID #212146 in the Lake 1 Zoning District.  This application requests a boundary line setback of 15’ 9”.  The district standard is 25’. 

 

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

 

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

a.  The applicants stated that they had reduced the size of the garage previously considered in Application 25-23 DRB.  The garage will now be attached to the existing camp and have one 16’ garage door. 

b.  There 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 Shoreland Protection permit was issued after an extensive evaluation by the Watershed Management Division.   

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. 

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.  The state considers the location of the garage to be built over an area that is considered an impervious surface. 

f.  The northeast corner of the garage will be 15’ 9” feet from the property.  The setback requirement in the L 1 District is 25’ from the property boundary.   

g.  The proposed garage will be attached to the existing camp and does not impact the view along the driveway of the abutting parcel.  If the garage width is reduced, then the building will need to be much higher.  (The district standard is 35’ in height.)  There will be a new roof line for both the camp and the proposed garage.  They feel that reducing the width to less than 26’ will not accommodate two vehicles. 

h.  The camp 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 residential property is at the north end of Fern Lake.  They 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 of the abutting property is uncertain.  There is a building site on the abutting property that includes a utility pole. The abutting property was previously owned by “Daw.” 

f.   The addition of the proposed garage does not fit into the pattern of development around Fern Lake and might lead to the addition of other garages in this area.  She feels that the garage should be smaller than proposed.  She requests that the district standard of 25’ should be enforced.   

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

h.    The addition of such a garage wall along the perimeter of their land is not acceptable to them.  She feels the setbacks set forth in the zoning regulation should be required. 

 

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. 

 

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 and the proposed garage addition.  The 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.  She stated that this is a shed and not a garage. 

 

The applicants followed 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 other measures to follow the shoreland 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 needs. 

 

Mr. Hogan stated that the applicants are responsible neighbors and they do not have any issues with the proposed garage. 

 

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

 

The Chair ended the public portion of the hearing.  Motion 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 approve the application for the Section 2.4.3 (e) Waiver setback as requested in the Application for Zoning Permit # 31-23 DRB.