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Meeting Minutes - ZBA

Zoning Board of Adjustment Meeting Minutes
Tuesday, July 28, 2015
6:00 P.M.
** See subsequent minutes for any changes
Members Present: Peter Fjeld, Chair, Donna Swinington, Jeff McDonough, William Shouldice
Others Present: Mary Anne Sullivan, ZA, Julie Delphia, Sue Mackey, Brian Pray, Ken Blair, Brad Porter, Bob Porter, Tom Whittaker, Andrew Menkart, Sandra Trombley, Secretary
Call to Order/Roll Call: Meeting called to order at 6:00 p.m. by Chair and roll call.
Review Agenda: Reviewed agenda. Added executive session for legal matter.
Approval of Minutes of July 14, 2015:
Motion by Jeff and second by Bill to approve minutes of July 14, 2015. All in favor. So approved.
New Business:
Permit Application 11-15-ZBA Applicant Brian Pray, Landowner Janet Cornell for property on 4 Ember Trail Parcel # 212101.200 Zoning District L1.
Chair read the warning and 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, Brian Pray, to present his proposal.
Brian submitted some updates. The property is actually 89.1’ wide where he is putting the house and there will be 21.5’ side lines instead of 17’ as indicated on the application.
He is encumbered as to where he can place the house by all the utilities coming across the property, septic pumping system that serves the community and 100’ off the lake per the Shoreline Act.
The house plan is for a 3 bedroom, single story with walkout basement. Maximum ridge height will be under 25’ on final design. The house is at a similar scale and size to neighboring properties which is between 1200 and 1400 square feet.
Bob Porter on Lot 3 next door came to represent the Churchville Homeowner’s Association. The owners want good relations between owners and want it to look nice. He would like to leave the setbacks where they are. He brought a letter from the president of the Association, Bernie Buettner, allowing Bob to speak for him. The Chair read the letter into the record.
Mary Anne received a letter from Janet Cornell, the landowner. She approved of Brian Pray proceeding with his application. The Chair read the letter into the record.
Mr. Porter was concerned about the parking pad that was sketched onto the drawing and he felt the application did not represent the entire project. He was missing a page and got it later, but it still didn’t show the house design.
Sue Mackey asked if all of the other lots in the development were conforming. Mr. Porter didn’t know.
Ken Blair on Lot 6 asked for clarification on the Application for Building Permit. He asked if this is a building permit and if it would be approved or denied tonight? Nothing in the application represented the building. This is more of a comment than a question. He was surprised that you could be granted a building permit at this meeting without more information on the house.
Julie mentioned there was an addendum presented after the mailing had already gone out to the adjoining property owners.
Sue Mackey explained that the building envelope is limited due to some of the things that exist. The lot has a community pumping station so a vehicular path has to be maintained and kept open. This was a planned unit development. Brian is being reasonable on the size of the house, he has to be 100’ back from the lake, and he has to work around the pumping station and power lines. So, he is limited to where he can put the house. He is seeking the minimum to afford relief.
Brian said he can move the parking pad around. He had just thrown it on the drawing.
Brad Porter asked if he could place the house within the existing zoning laws. Brian stated that he couldn’t because of the power lines and septic lines.
Andrew Menkart owner of Lots 7 & 8 agreed they have a great Association and everyone gets along really well and it would be great to have a new person in the Association. Andrew was concerned about their objections making it difficult for Janet to sell her lot. He doesn’t want to prevent her from selling. He stated that the setback requirements have the greatest impact on the two adjoining properties of Porter’s and Egner’s. He was hoping there was a way to push the house closer to the Egner’s on Lot 5. But, Egner’s are not present tonight.
Brian explained that the services prevent him from doing that.
The Board had no further questions.
The Board closed the meeting to go into deliberative session at 6:45 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. 4 – Yes
  3. Is in conformance with the town plan and goals.
  4. 4 – Yes  
  5. Conforms to the character of the land and design reasonably limits impact upon neighbors.
  6. 4 – Yes
  7. Design used incorporates design techniques, screening or other remedies to limit impact upon neighbors.
  8. 4 – Yes
  9. Accommodates structures providing for disability accessibility, fire safety and other requirements of land or energy conservation or renewable energy
  10. 4 – Yes
Statement of Findings: Approved with one condition; that the parking be moved by 10’.
Wellarkes Appeal:
Board reviewed the Decision on the Merits and Judgment Order of the Wellarkes appeal. Zoning Administrator will issue the permit for a waiver for the porch.
Old Business: None
Public Comment: None
Executive Session:
Motion by Jeff and second by Donna to go into Executive Session to discuss legal matters at 7:00 p.m. Motion by Jeff and second by Donna to come out of Executive Session at 7:05 p.m. Action Taken: Board authorized the Zoning Administrator to issue a violation. All in favor. So Approved.
Motion by Bill second by Donna to adjourn ZBA meeting at 7:08 p.m. to go into Joint Meeting of PC & Selectboard. All in favor. So approved.
Respectfully submitted,
Sandra L. Trombley, Secretary