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ZBA Hearing- Livingston


 Zoning Board of Adjustment Minutes

Wednesday, November 10, 2010


6:00 P.M.




** See subsequent minutes for any changes


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


Absent:  Tim Johnson


Others Present:  Kate Briggs, ZA, Sandra Trombley, Secretary, Shirley Shackett, Stan Livingston, Joan Donahue, Attorney representing Carrie Rampp & Heidi Schuerger, Bill & Dottie Ringey.


Call to Order/Roll Call:  Meeting called to order at 6:05 p.m. by Chair and roll call. 


Reviewed Agenda


Permit Application 47-10-ZBA for Conditional Use Lot 1 Cersosimo Subdivision, Applicant: Stan Livingston, property on Fern Lake Road, Leicester, Vermont.


Stan stated that the application shows him moving the house, but he will not be.  He will be building exactly as Cersosimo plans indicate.


The hearing tonight is to see if the ZBA will issue a conditional use for a two family home.


Kate explained that the application is for a change of use.   The purchase of this property is based upon whether the conditional use is approved by the ZBA.  If approved, the next step is the developer applies for a building permit.  State looks at number of bedrooms.


Joan Donahue stated that from the State’s perspective the subdivision was for single family dwellings.  There would have to be an amended permit from the State.


The Chair wanted to hear from the adjoining property owners.


Joan, attorney for Heidi Schuerger and Carrie Rampp was sworn in.  Heidi & Carrie’s main concern was about the outbuildings, garages and storage.


Stan talked with Heidi and stated that he wanted people to be able to put their bicycles and garden equipment in a shed.  It is much neater.  He doesn’t plan on doing garages right now, but maybe some years down the road.  He promised Heidi that he would put dwelling and drive way exactly where it states on the Cersosimo plan.


Bill Ringey was sworn in.  He was concerned about the wet spot in the driveway.  He was concerned where the water in the driveway would go and if the driveway could be built up so the water would stay where it is.  He doesn’t want a culvert put in and direct the water down onto their property.


Dottie Ringey was sworn in.  She was wondering if there would be another waste water permit.  All the designs were for a one family home.


Stan will check into the waste water permit with the engineer and bring in stone for the driveway.


As soon as he can start, he would like to start.  He wants to get the foundation in the ground before it freezes.


Findings of Fact:


Votes by Board


1.      Does not adversely affect the capacity of existing or planned community facilities.

a.      All – Yes

2.      Does not adversely affect the character of the area affected.

a.      All – Yes

3.      Does not adversely affect the traffic on roads and highways in the vicinity.

a.      All – Yes

4.      Does not adversely affect other bylaws in effect.

a.      All – Yes

5.      Does not adversely affect the utilization of renewable energy resources.

a.      All – Yes


Statement of Findings:  Approved conditional use for two family home with condition that the house will go in the location marked “H” on the Cersosimo plan and driveway will go in as drawn on the Cersosimo plan. 


Lennon/Altman Discussion:


After reviewing the drawing and clarification on elevations and the ZBA decision of August 31, 2010, motion by Bethany to amend the conditions by removing the reference to living space in the basement.  Second by Donna.  All in favor.  So approved.


Kate talked about Lennon drawing dated 8/4/10.  The second drawing for hearing dated 8/30/10.  Now there is another plan dated 11/5/10; wanting a minor amendment.  They haven’t changed the setbacks.


Motion by Jeff to approve minor amendment contingent on ZA’s letter.  Second by Pete.  All in favor.  So approved.


Public Opinion:   None




Motion by Donna to adjourn at 7:05 p.m.  Second by Jeff.  All in favor.  So approved.



Respectfully submitted,



Sandra L. Trombley

ZBA Secretary