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Meeting Minutes - ZBA

Zoning Board of Adjustment Meeting Minutes
Tuesday, August 25, 2015
6:00 P.M.
** See subsequent minutes for any changes
Members Present: Peter Fjeld, Chair, Donna Swinington, Jeff McDonough
Members Absent: Bill Shouldice
Others Present: Mary Anne Sullivan, Kelly Churchill, Randy & Susan Laframboise, Cathy Malloy, Sandra Trombley, Secretary
Call to Order/Roll Call: Meeting called to order at 6:01 p.m. by Chair and roll call.
Review Agenda: Reviewed agenda.
Approval of Minutes of July 28, 2015:
Motion by Jeff and second by Donna to approve minutes of July 28, 2015. All in favor. So approved.
New Business:
Permit Application 20-15-ZBA Applicant: Kelly Churchill, Landowner: Raymond & Teresa Churchill for property on 303 Lakeview Drive Parcel # 2020.25 Zoning District L1.
Chair read the warning and explained procedures. There were no conflicts of interest on the Board.
Interested parties signed in and took oath.
No interested parties have contacted the secretary.
Chair asked the applicant, Kelly Churchill, to present his proposal.
Mary Anne Sullivan, ZA gave a brief overview of the background. Mary Anne went over to the Churchill residence to talk to Kelly about another matter not related to this permit application. While there, she informed him she thought the car ports were not permitted and they were in the wrong place. She went back another day and measured and each of the carports were too large to be exempt and they did not meet the setbacks. She wrote a notice of violation. She talked with Kelly and his mother. Churchill’s asked what they could do about them. Mary Anne told them if they wanted to keep their car ports where they are, they needed to request a waiver; and this is what they did.
Chair asked Kelly to present his case:
Kelly presented a site plan map and explained where the properties and carports were located. Kelly said if he brings the carports in compliance, it would bring them closer to the Laframboise property and more visible. He explained he is having problems with his neighbors.
Kelly suggested that Bill Shouldice made the complaint against the car ports.
Mary Anne explained she was asked by Kelly for any email correspondence that she had had as Zoning Administrator. Since emails are public documents, Mary Anne provided the email and there was information in there that may have suggested who made the complaint.
Kelly continued to talk about Bill’s property not being adjacent and has little to do with him.
The Board said they were not aware of any of this and this had nothing to do with this hearing on the application tonight.
Kelly talked about the neighbors bullying; which the Board said had nothing to do with this. Kelly disagreed and said it did, and he provided a copy of a letter sent to the neighbor from an attorney. Kelly said they were about a week away from a lawsuit.
Peter asked how long the structures had been in place.
Kelly said one was about a month that was attached to the tree. The other has been there quite some time. There was a disagreement with Kelly from Cathy Malloy as to how long the carport has been there.
Peter asked what the use is.
Kelly said one carport is to keep vehicles out of weather and one has his tractor under it.
Kelly commented that if the carports are moved to the middle of the driveway, it’s going to be quite a bit more offensive to the neighbors.
Cathy Malloy brought photos. She stated that Carport A is quite large. She stated that it is not accurate that it is screened by her garage. She has planted trees to try to hide it, but it is in full view of her dining room and porch; as well as her neighbors to the north that look out on to it. It is not screened, at all. I find it really offensive to look out on a metal corrugated carport. When the carport started to go up, she went to Kelly, her concern was with this new property line, most of the driveway is on her property and she has no intention of giving him a right of way. She doesn’t want all the cars parked there. Carport B is very close and there’s a shed. She gets a lot of overflow of cars that concerns her.  It doesn’t make sense to put a carport where you don’t have a right of way for the driveway. There is very little room. That space should be used for parking and not for carports and sheds so they don’t have the overflow onto their property. She is trying to protect her property rights and her privacy. She has tried to be nice about visitors and overflow onto her property. She would rather they not be there. She didn’t want it to come to this, but since there is a hearing, she wanted to share her concerns.
Randy Laframboise shared their concerns.
Carports ruin the scenic value around the area. Carports are not consistent with other structures in the neighborhood. In his opinion they are an embarrassment and lower the valuable of their property. Carports are not screened from their property. The Churchill property has construction equipment and building materials all around the property. The structures are not compatible and there are too many structures on the property. There is a lot of clutter.
Chair asked if there was any other correspondence from adjoining property owners. There was not.
Jeff asked if they thought there could be any type of resolution between neighbors. Kelly said that since they have hired a lawyer, the lawyer will be corresponding with neighbors.
The Board had no further questions.
The Board closed the meeting to go into deliberative session at 6:40 p.m.
Findings of Fact:
Votes by Board
  1. For use permitted within the district as by right use (as opposed to conditional use).
  2. 3 – Yes
  3. Is in conformance with the town plan and goals.
  4. 3 – No  
  5. Conforms to the character of the land and design reasonably limits impact upon neighbors.
  6. 3 – No
  7. Design used incorporates design techniques, screening or other remedies to limit impact upon neighbors.
  8. 3 – No
  9. Accommodates structures providing for disability accessibility, fire safety and other requirements of land or energy conservation or renewable energy
  10. 3 – No
Statement of Findings: Denied. Carports are too big to be exempt. Carports do not meet setbacks, character of Lake District, Leicester Lakes Area Pattern Book.
Old Business: None
Public Comment: None
Motion by Donna second by Jeff to adjourn ZBA meeting at 7:05 p.m. All in favor. So approved.
Respectfully submitted,
Sandra L. Trombley, Secretary