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ZBA Hearing- Brian Sweeney

    Town of Leicester

 Zoning Board of Adjustment Minutes

Tuesday, February 23, 2010




** See subsequent minutes for any changes


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


Others Present:   Rob Naylor, Hutchinson Group, Sandra Trombley, Secretary


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


Permit Application 2-10-ZBA for  Variance Parcel # 202045, Lake District, Brian Sweeney, 1661 Hooker Road:


Chair asked any parties giving testimony to be sworn in.  Sworn in.  Chair requested that any questions be directed to the Chair.


Rob Naylor representing the Sweeney’s explained that the project was to build a third level floor for a recreation room with dormers and a small bathroom.  No decks in the design.


Gary Hutchinson, neighbor on north side spoke that he didn’t think anything was in compliance.  He stated all sides are out of compliance, septic is out of compliance.  Discussion of seasonal versus residence.


Party of 10 lake property owners had a petition in case they needed party status.


Doug Robinson stated he knows the property very well.  What they have done to that property boggles his mind.  He commented that he doesn’t think the town wants to set a precedence of allowing a third story.  It would take away the character of the lake.


Mark Stacey, neighbor, had issues with the structure when it went up. 


Melissa Street, neighbor commented it had changed the whole landscape of the area.


Photos were offered by Gary Hutchinson for the ZBA’s review.  Gary commented that a rec room is not a hardship.


Chair called for a VOTE:


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

1.      No, unanimously.

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

2.      No, unanimously

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

3.      No, unanimously

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

4.      No, unanimously

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

5.      No, unanimously




The permit has been denied; over height, previous variances. 


Permit Application 4-10-ZBA for  Setback Waiver Parcel # 212119, Lake District, Lloyd Komesar, 23 Catamount Drive:


Application was withdrawn.


Motion by Donna to adjourn meeting at 6:36 p.m.  Second by Jeff.  All in favor.  So approved.



Respectfully submitted,



Sandra L. Trombley

ZBA Secretary