ZBA Hearing- Tillman
Zoning Board of Adjustment Minutes
Tuesday, November 30, 2010
6:00 P.M.
*Unapproved*
** See subsequent minutes for any changes
Members Present: Peter Fjeld, Chair, Donna Swinington, Bethany Menkart, Connie Carroll
Absent: Tim Johnson and Jeff McDonough
Others Present: Kate Briggs, ZA, Sandra Trombley, Secretary, Glen & Lynne Peck, Cass & Carol Tillman, Diane Snyder, Mike Korkuc, Paula Wilson, Sue Potter, Anna Michael, Kate Williams, Susan Laframboise, Bonnie & Leon Adkins, Bill Finger, Melissa Streeter, Gary Hutchinson, Bill & Carole Shouldice.
Call to Order/Roll Call: Meeting called to order at 6:00 p.m. by Chair and roll call.
Permit Application 50-10-ZBA Cass & Carol Tillman, 235 Winding Way, Leicester, Vermont for conforming building & side setback waiver.
Chair read the public warning and the meeting process that would be conducted.
Chair swore in parties that would be giving testimony.
Letters from interested parties will be read after applicants have given their testimony.
Cass gave testimony that what they were trying to do was add space to the back of the house as an attached garage with a basement and to change the roofline of the house. Electric lines currently run behind their house making it difficult to put the garage on the backside of their property. Moving poles was astronomical in price. They have owned their house for over 17 years and haven’t done much to it. Cass mentioned that this house is their forever house. Carol mentioned another key point is that the pitch of the roof is mostly flat and they have trouble with snow load and water. She would like to expand her kitchen but no addition of bedroom space.
They brought pictures of existing house and blown up copies of their plans.
Cass was surprised at the number of neighbors attending tonight.
Board reviewed plans. Discussion of roof height.
Cass is trying to make things better for neighbors by adding French drains and 8” pipe all the way down to the lake. The house has a mound system.
Cass and Carol explained original footprint.
Cass explained that the two car garage would also be a woodshop for him and basement for storage and centered in middle of property.
Kate Briggs explained that the primary issue is the setbacks of approximately three feet on either side. Kate’s oversight did not include a plot plan. Whenever a nonconforming structure is changed, it requires action by the ZBA. Discussion of grade of the lot and runoff concerns. State will send recommendations and willing to work with the Tillman’s or ZBA consultation.
Carol didn’t know that the State was coming out. Had they known they would have been there to hear suggestions.
Chair opened for public comment and questions.
Glen Peck, neighbor and wife Lynne. Their home is just to the north. One concern was the roof overhang two feet from property line of snow load and water issue of snow load. He has a row of cedar trees.
Lynne Peck explained that by pitching the roof they are pitching all the snow and water their way. They are not 25’ from the line. Expanding upon a bad situation and making it worse. There is not enough room to add 4,000 square feet within the setbacks. There is constant trespass onto their property because they don’t have room on their own property as it is right now. Lynne questioned height requirements and question the Board whether the first level of space is basement or first floor.
This is a major project. When Lynne did the math, this is 7,828 of square footage for the size of the lot. This is in violation of the setback. This is 3,738 square feet for a garage. That is not, what most think of, as a garage. This is not a typical building and out of character for the neighborhood. We need to think how this impacts the community and our front yard, the lake.
Bill Finger, 155 Winding Way commented that we don’t need to be making things worse than what they are and damaging the lake. Proposal that have an 8,000 square foot structure around the lake is not the right thing to do. He encourages the Board to consider the long range impact of the lake and the tax base of Leicester and Salisbury. We are getting out of scale, damaging the lake. This project just does not comply with the regulations.
Bill Pitkin shared concerns about water quality. This structure of 8,000 square feet does not fit the scale of the neighborhood or lake in general.
Melissa Streeter, Hooker Road, have dealt with neighbors who built behind them and beside them and caused lots of problems and the town had to come in and pave and re-contour the road because of run off so they wouldn’t get flooded out and neighbors who wanted to build up three stories. We thought that would compromise the integrity of the lake.
Kathy Dick, owner of property on the lake just over the town line in Salisbury. She commented that there has been an explosion of change that has happened in the last 20 years from seasonal cottages to year round residences. We need to consider the visual impact is so we’re not changing the character of the lake and she was concerned for the future.
Mike Corkus, Lakeview Drive, a year round resident. It looks much more favorable on paper than it would in reality. Concerned that a home that size and the impact it will have.
Paula Wilson asked if the town had considered any regulation on driveway construction for the future.
Lynne Peck talked again about the roofline that was in excess of 100’. There is commercial property that doesn’t have that large of span. It’s a large span that would shed a lot of snow. She gave some comparisons.
Bill Shouldice, lives on Birch Court, converted their summer home to a year round home. He shared problems they encountered; He agrees the concerns that have been brought up are true because he’s been through it. They had tremendous problem with water. They regarded, but they also had the room to do so.
Bonnie Adkins, 2158 Hooker Road, as well as a property in Salisbury and is very concerned about the lake. She asked if they knew how much land is this house was going to cover. The Tillman’s didn’t know. The total width of the land is used. She would question the advisability of the project. She commented that they would need to use other people’s property for many things.
Lynne Peck spoke to the fact that the Tillman’s need to trespass on their property for many things. She asked about the porch being built over where the septic tank is. How would you get to tank to replace it? The septic system is in their front yard, just a few feet from the water. Another situation of making a bad situation, worse.
Sherry Klink’s family owns property on the lake and is in agreement with comments. Lake Dunmore is a jewel. Speaking to the Board, she noted that they need to be very careful with new construction or the lake will change and will no longer be a jewel. The water won’t be as good. The people, who currently love it, won’t want to stay. It will change. If you start wiggling the rules for new construction, you will create a Pandora ’s Box.
Diane Schneider, 512 Indian Trail, have converted a summer camp to year round house. They spent a great deal of time so there would be no impact on the lake. She has a large concern over anyone’s septic system being lake side. She has a 9 pitch roof and knows all about snow load. You can’t plant anything within 10 feet. She has 5 feet drains, but has 25 feet to the sidelines. Keep in mind the water we have had the last couple of years.
Sue Potter, South Cove, is concerned about any project that doesn’t meet the requirements now. There are certain criteria. This will definitely have an impact to the neighborhood. Very concerned as a member of the lake community.
The Board read letters from concerned adjoining property owners into the record protesting the application from the following:
Don T. and Martha H. Myers
Omar Hopkins & Co-Owners Ziyad Hopkins, Richard Hopkins, Molly Hazen, Mary Kaplow, Asa Hopkins
Glen & Lynne Peck
Anna K. Michael
Recessed at 7:35 p.m. for deliberative session.
Findings of Fact:
Votes by Board
1. For use permitted within the district as by right use (as opposed to conditional use).
a. All – Yes
2. Is in conformance with the town plan and goals.
a. All – No
3. Conforms to the character of the land and design reasonably limits impact upon neighbors.
a. All – No
4. Design used incorporates design techniques, screening or other remedies to limit impact upon neighbors.
a. All – No
5. Accommodates structures providing for disability accessibility, fire safety and other requirements of land or energy conservation or renewable energy
a. All – No
Statement of Findings: Permit Denied
Motion by Donna to approve minutes of November 10, 2010. Second by Bethany. All in favor. So approved.
Adjournment
Motion by Donna to adjourn at 8:10 p.m. Second by Bethany. All in favor. So approved.
Respectfully submitted,
Sandra L. Trombley
ZBA Secretary