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ZBA Hearing- Komesar and Wrona Appeal

    Town of Leicester

 Zoning Board of Adjustment Minutes

Tuesday, July 27, 2010


6:00 P.M.




** See subsequent minutes for any changes


Members Present:  Peter Fjeld, Chair, Donna Swinington, Jeff McDonough


Absent:   Bethany Menkart, Tim Johnson, Connie Carroll


Others Present:  Kate Briggs, ZA, Sandra Trombley, Secretary, Elizabeth Herrmann, Bill Madgwick, Tom Whittaker, Joseph Wrona, Tom Hogan, Donald Wahlig.


Call to Order/Roll Call:  Meeting called to order at 6:00 p.m. by Chair and roll call. 


Reviewed Agenda


Approve Minutes


Motion by Jeff to approve minutes of June 29, 2010 as written.  Second by Donna.  All in favor.  So approved.


Permit Application 29-10-ZBA for Variance and Setback Waiver.  Parcel # 212119, Lake District I, Applicant: Lloyd Komesar, 23 Catamount Drive, Leicester, Vermont.


Lloyd Komesar applied to remove existing garage and build a new one.  Elizabeth Herrmann was the applicant/owner’s representative.


Elizabeth was sworn in.  Elizabeth summarized the project and why the setback was needed.  They reviewed a copy of the site plan.


·         Existing garage was not accessible after previous owner installed the septic system and rebuilt the hillside

·         Old house has been torn down and new house being built

·         Very steep site

·         Bring garage away from edge of hill, built more into the hillside and he could access it because right now it’s perched on the edge.  To make it accessible it has to be moved back.

·         Make parking on his property and not encroach on neighbor and still get in and out of the garage.

·         No longer stable on the hillside, and they want to tuck it in the hill, make it match the house.

·         Make it deeper.  Right now it’s only 16’ deep.

·         Much nicer look.  It will be low profile.


Kate gave some history from adjoining property owners and a previous application was pulled.  Kate stated that this is the best alternative.


Findings of Fact for Variance


Votes by Board


1.      The hardship is due to the unique physical characteristics peculiar to the particular property.

a.      All – Yes

2.      Because of such physical conditions, there is no possibility that the property can be developed in strict conformance with the zoning regulations.

a.      All – Yes

3.      The hardship has not been created by the applicant.

a.      All – Yes

4.      The variance, if authorized, will not adversely affect the character of the surrounding area, the use of adjoining property, or the public welfare.

a.      All – Yes

5.      The variance is the minimum necessary to grant relief.

a.      All – Yes


Statement of Findings:  Approved with no conditions.  See application.


Appeal of Permit Application 24-10-ZA Parcel # 212149, Lake District I, North End Point Road, Leicester, VT.  Applicant: Joseph & Rosemary Wrona, Belchertown, MA.  Landowner: Kritz & Schweriner, Bridgewater, NJ.


Interested parties were sworn in.  Chair read the Notice of Appeal from Jeff Smith representing the Wahlig’s and Hogan’s and two letters from Joseph & Rosemary Wrona.  Tom Whittaker is representing the seller.


Isthmus Road was discussed as a town road.  The Selectboard is currently discussing the work necessary to make Isthmus Road accessible to emergency fire vehicles.  Kate reported that the Town has nothing to do with private roads such as North End Point Road.  Our zoning ordinance does not address those issues.  This is a private road.


Joseph stated their intention was not to build a 4,000 square foot home.  They hired Brad Ramsey to look at the environmental aspects and to determine whether they could meet or exceed all regulations and be safe.  Brad drew up all the plans based on a 4,000 square foot home.  Joseph stated their intention was never to build a 4,000 square foot home.  As far as year round; right now they live in Massachusetts and it would be a vacation home that they would eventually build.  But, someday 30 years down the road, they may want to retire here.  They wanted to be sure they could build before they purchased the property.


Kate mentioned that there seems to be some miscommunication due to how the permit application was completed and perhaps the meeting could recess while the parties visit informally.


Jeff made a motion to recess.  Second by Donna.  All in favor.  So approved.    Meeting was recessed so appellants and applicant could discuss the appeal concerns and applicant’s intentions.


Hearing was reconvened.  Joseph Wrona went on record that he would be willing to have the application amended down to 2500 square feet with a 1250 footprint.  The seller would have to amend the application.  Tom did not feel there would be a problem with that.


Kate explained that a letter would suffice explaining details of the amendment that the house would not exceed 2500 square feet or 1250 footprint.  A small fee for the amendment would be accessed.


Motion by Jeff to deny the appeal.  Second by Donna.  All in favor.  So approved.


Public Opinion






Motion by Jeff to adjourn.  Second by Donna.  All in favor.  So approved.



Respectfully submitted,



Sandra L. Trombley

ZBA Secretary