ZBA Hearing- Schneider, Hutchinson, Greenamyre
Town of Leicester
Zoning Board of Adjustment Minutes
Tuesday, April 27, 2010
*Unapproved*
** See subsequent minutes for any changes
Members Present: Pete Fjeld, Chair, Donna Swinington, Bethany Menkart, Jeff McDonough
Absent: Tim Johnson
Others Present: Kate Briggs, ZA, Linda & Bill Pitkin, Karl Neuse, Dagan Murray, Jaime Schneider, Richard Schneider, Gary Hutchinson, Rob Naylor, Sandra Trombley, Secretary
Call to Order/Roll Call: Meeting called to order at 6:09 p.m. by Chair and roll call.
Reviewed Agenda: Moved Greenamyer after Hutchinson since Mr. Greenamyer is not here. Approval of minutes will be moved to later on the agenda, as well.
Permit Application 11-10-ZBA for Setback Waiver and Conditional Use for primitive camp/storage conversion to one-bedroom residence. Parcel # 202001, Lake District I, Richard W. & Jaime G. Schneider, 2283 Hooker Road, Leicester, VT:
Kate shared some photographs.
Jaime & Richard Schneider, Applicants, Karl Neuse, Attorney, Dagan Murray, Lincoln Applied Geology were sworn in.
Karl handed out site plans, drawings from the architect, survey maps and an orthophoto site plan from Lincoln Applied Geology. The intended use is a single family residence.
Karl reviewed the zoning by-laws and sections that pertained to this permit application. He explained the information. The Schneider’s objective is to fit in with other camps in the area. The plans fit in to the general character of the area.
Dagan shared information on the work that Lincoln Applied Geology had done for test pits, soil and site evaluations for waste water and water permits.
Mr. Schneider explained the property and the camp. They would like to enjoy the lake. It is just the two of them. They would like to make it a twelve month camp, but most likely will be using it only for the weekends. They are not sure if they will use radiant or wood heat. The outside will probably be clapboard.
They may need to replace wooden articulating dock.
The Pitkin’s shared their concerns under Section 615, two dwellings on lot and Section 270, two family or multiple family dwelling, not dwellings.
Karl explained how the by-laws allow this to happen.
Karl Neuse wanted the record to show that the Pitkin’s are not identified as interested parties in this hearing.
Linda Pitkin stated that this is nonconforming and so close to all of the setbacks and invasive. They are not replacing the existing footprint, they are taking the widest part of the building and expanding it. If we did that for every property that was nonconforming, we would have some very big buildings. So, it is a precedent that in this case is probably all right, but she doesn’t like it as a general way to go all around the lake.
Letter from Molly Hazen representing six owners of the adjacent property. They were requesting two things.
1. That a natural boundary between the two properties be made.
2. The existing alignment of the road be maintained in its existing location.
The Schneider’s agreed to the requests.
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:
Add screening and leave road in existing location. Location of the camp is consistent with other properties in the area.
Conditions for Approval:
Add screening and leave road in existing location.
Permit Application 10-10-ZBA for Setback Waiver and Variance for tear down and rebuild on same spot. Parcel # 202044, Lake District I, Gary Hutchinson, 1685 Hooker Road, Leicester, VT:
Kate shared photographs. Nonconforming building and does not meet setbacks.
Gary Hutchinson was sworn in.
Gary is applying for a tear down and rebuild permit. Someone has approached them to buy the property and they do not like the architect and design of the building. He has no idea of the plans for the building. The sale is conditional on the permit.
Kate explained that this is the only place you could have a house due to the nature of the lot. It is already a year round house.
Gary stated that the height might change due to the design of the house.
Rob Naylor was asked if he has been contacted to build. He said yes, and stated that they are in the very early stages. There has been no design work. The buyer knows and fully understands that whatever he does, that he must stay within the existing footprint and stay within the 35’ height and stay with the same amount of bedrooms to meet the State’s septic requirements.
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:
Must be built in existing footprint.
Conditions for Approval: See above.
Permit Application 5-10-ZBA for Setback Waiver for a shed for boat storage and Variance for an addition to camp. Parcel # 212024, Lake District, James Greenamyre, 1245 Hooker Road:
Kate stated that Jim will not be here tonight. He told Kate that he sees all these people with tractor trailers for storage on their property and maybe he should just put a tractor trailer instead of boat storage shed. He said it was a joke.
Chair reconvened the Greenamyre hearing. Jeff had concerns about addition and how close it was to the water.
The Board went out and viewed the property in April.
Discussion of options and wetlands.
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
All - Yes, with conditions.
Statement of Findings:
Boathouse/garage is denied.
8x16 addition roadside approved.
Conditions for Approval:
Addition over porch is approved, but cannot extend on the lake side.
Reasons for Denial:
Boathouse/storage doesn’t meet set back.
Approve Minutes of March 30, 2010
Motion by Jeff to approve minutes of March 30, 2010. Second by Donna. All in favor. So approved.
Next Meeting Discussion:
Planning Commission meeting on May 12, 2010 at 6:00 p.m. is cancelled as they have been meeting regularly and moved to a ZBA Meeting on Friday, May 14, 2010 for Lennon hearing. The owner is coming from Washington, D.C.
Limited Public Comment: None
Motion by Donna to adjourn meeting at 8:09 p.m. Second by Bethany. All in favor. So approved.
Respectfully submitted,
Sandra L. Trombley
ZBA Secretary