ZONING BOARD OF ADJUSTMENT *** MINUTES *** February 16, 2005

MEMBERS PRESENT: Denis A. Chenette, Romeo Lemieux, Denise Bowen, Jack Watson, Garry Coburn, and Agathe Coburn.

MEMBERS ABSENT: Michael Richard.

OTHERS PRESENT: Lorraine Whipple and Val Whipple.

7:30 p.m.: Chairman Denis Chenette called the meeting to order and read the warning for application 05-013 by Lorraine Whipple for a variance to rear and side yard setbacks for an 11 ft by 19 ft deck. The proposed deck is to be 12 ft from the side lot line and 17 ft from the rear lot line. This property is located at 65 Autumn Street and is in a general residential zoning district.

On a motion by Jack Watson and seconded by Agathe Coburn the minutes to the last meeting (Dec 22) were accepted as written. The decision was unanimous among the members present.

Discussion began on the above application. Mr. & Mrs. Whipple were present to explain the request. Denis Chenette asked about the size of the lot. The front facing Autumn St, the rear abuts Subway, the right abuts Vachon, and the left abuts the Bowen property. Denise Bowen will not be voting on this application because the Whipples are her neighbor. There is a letter from Denise and Raymond Bowen stating that they are not opposed to the deck. Mr. Chenette then directed the Board to Section 4468 (variances) of 24 VSA Chapter 117 for the current application and began review of each of the 5 criteria.

1.) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning regulation in the neighborhood or district in which the property is located.

Met. Small lot with a steep bank in the rear.

2.) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning regulation and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

Agreed.

3.) That the unnecessary hardship has not been created by the appellant.

Agreed. House dates back to West Derby records.

4.) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, substantially or permanently impair the appropriate use of development of adjacent property, reduce access to renewable energy resources, not be detrimental to the public welfare.

Agreed.

5.) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and form the plan.

Agreed.

Romeo Lemieux made a motion to grant a variance for application 05-013 by Lorraine Whipple as submitted. Seconded by Jack Watson. The motion was granted by a unanimous decision, with Denise Bowen abstaining.

Chairman Denis Chenette called the meeting to order and read the warning for application 05-012 by Rejean Roberge Jr for a variance to front yard setback for an 8 ft by 11 ft deck. The proposed deck is to be 48 ft from the centerline of the R.O.W. This property is located at 793 Clyde Street and is in a general residential zoning district. Discussion began on the above application. The applicant was not present to explain the request. Jack Watson made a motion to table this application until their next meeting on February 23, 2005 at 7:30 p.m. here in the council room. Seconded by Denise Bowen. The decision was unanimous among the members present.

The board discussed the NVDA zoning workshop coming up next Tuesday.

8:29 p.m.: On a motion made by Garry Coburn and seconded by Denise Bowen the meeting was adjourned.

The minutes were taken by Agathe Coburn, typed by Bob Kelley and filed for record on 2/17/05.

ZONING BOARD OF ADJUSTMENT *** MINUTES *** February 23, 2005

MEMBERS PRESENT: Denis A. Chenette, Romeo Lemieux, Denise Bowen, Jack Watson, Garry Coburn, and Agathe Coburn.

MEMBERS ABSENT: Michael Richard.

OTHERS PRESENT: Suzanne Cote, Michelle Batchelder, Chantal Batchelder, and Rejean Roberge Jr.

7:30 p.m.: Chairman Denis Chenette called the meeting to order and read the warning for application 05-034 by Rene & Lori Cote for a variance to front and side yard setbacks for a 4 ft wide wrap around deck. The proposed deck is 16 ft from the centerline of the R.O.W. and 0 ft from the right side lot line. This property is located at 510 Farrant St and is in a general residential zoning district.

On a motion by Jack Watson and seconded by Garry Coburn the minutes to the last meeting (Feb 16) were accepted as written. The decision was unanimous among the members present.

Discussion began on the above application. Mrs. Cote was present to explain the request. The house was bought a year and a half ago with the deck on. Lot #15 is owned by Delabruere. Mr. Chenette then directed the Board to Section 4468 (variances) of 24 VSA Chapter 117 for the current application and began review of each of the 5 criteria.

Agreed.

3.) That the unnecessary hardship has not been created by the appellant.

Agreed. Deck has been in existence for approx 10 years.

Agreed.

5.) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and form the plan.

Agreed.

Garry Coburn made a motion to grant a variance for application 05-034 by Rene & Lori Cote as submitted. This approval is for the deck as it currently exists and does not authorize any enlargement whatsoever. Seconded by Jack Watson. The motion was granted by a unanimous decision.

Chairman Denis Chenette called the meeting to order and read the warning for application 05-012 by Rejean Roberge Jr for a variance to front yard setback for an 8 ft by 11 ft deck. The proposed deck is to be 48 ft from the centerline of the R.O.W. This property is located at 793 Clyde Street and is in a general residential zoning district. Discussion began on the above application. Mr. Roberge was present to explain the request. This application was tabled from last week. Mr. Roberge stated that the deck was built a long time before he purchased the property. Mr. Chenette then directed the Board to Section 4468 (variances) of 24 VSA Chapter 117 for the current application and began review of each of the 5 criteria.

The unique condition is that the deck was there prior to the current zoning regs. Based upon zoning regs at the time, the deck was probably in compliance with city bylaws.

Agreed.

3.) That the unnecessary hardship has not been created by the appellant.

Agreed.

5.) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and form the plan.

Agreed.

Romeo Lemieux made a motion to grant a variance for application 05-012 by Rejean Roberge Jr as submitted. Seconded by Denise Bowen. The motion was granted by a unanimous decision.

Other business: The board felt that it would be nice to have the dimensions of all the buildings on the lot on the application so that they could calculate the lot coverage.

On a motion made by Garry Coburn and seconded by Romeo Lemieux the meeting was adjourned.

The minutes were taken by Agathe Coburn, typed by Bob Kelley and filed for record on 2/25/05.

ZONING BOARD OF ADJUSTMENT *** MINUTES *** March 9, 2005

MEMBERS PRESENT: Denis A. Chenette, Romeo Lemieux, Denise Bowen, Jack Watson, and Agathe Coburn.

MEMBERS ABSENT: Garry Coburn and Michael Richard.

OTHERS PRESENT: James Privee, Robin Smith, Clark Curtis, and Bob Kelley.

7:35 p.m.: Chairman Denis Chenette called the meeting to order and read the warning for application 05-039 by James Privee for a variance to side yard setback for an 18 ft by 24 ft garage. This is to replace the existing 12 ft by 24 ft garage. The proposed garage is to be 2 ft from the side lot line. This property is located at 106 Mount Vernon Street and is in a general residential zoning district.

On a motion by Denise Bowen and seconded by Romeo Lemieux the minutes to the last meeting (Feb 23) were accepted as written. The decision was unanimous among the members present.

Discussion began on the above application. Mr. Privee was present to explain the request. Photos of the existing garage were passed around. The new garage would be expanded away from the property line so that it would be no closer than the existing garage. Mr. Chenette then directed the Board to Section 4468 (variances) of 24 VSA Chapter 117 for the current application and began review of each of the 5 criteria.

The property was developed in the 1920’s and predates zoning. The garage will not be any closer than the current building.

Agreed.

3.) That the unnecessary hardship has not been created by the appellant.

Agreed.

5.) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and form the plan.

Agreed.

Romeo Lemieux made a motion to grant a variance for application 05-039 by James Privee as submitted. Seconded by Jack Watson. The motion was granted by a unanimous decision.

Chairman Denis Chenette called the meeting to order and read the warning for an appeal of the Zoning Administrator’s decision to grant permit #05-002 to Michael & Chieko Coutu to add fill to a portion of their land to raise the level of their driveway. This property is located at 170 Clermont Terrace and is in an urban residential zoning district. Chairman Denis Chenette stated he would like to wait until 8:30 for Mr. Coutu to arrive. There was discussion on whether to wait or start or table the appeal. It was decided to start the hearing. Mr. Curtis, Mr. Kelley, and Mr. Coutu were present to discuss the appeal. There was much discussion about the permit, mainly centered on the ownership of the property. Mr. Coutu arrived about half way thru the discussion. The only contention is ownership of the land. Jack Watson made a motion to close the hearing on this appeal. Seconded by Denise Bowen. The board will deliberate on the appeal and probably make a decision at the end of their next meeting that starts at 7:30 on March 16, 2005. The motion was granted by a unanimous decision.

In other business the board discussed the application of Agathe Coburn as a full time board member. Denis Chenette made a motion to recommend Agathe Coburn to the City Council as a full time member. Seconded by Denise Bowen. The motion was granted by a unanimous decision.

Bob Kelley reviewed some changes in State Statutes that will affect the Board. Procedures policy/conflict of interest policy/notices & warnings for meeting/names & address of all persons heard at hearings.

On a motion made by Jack Watson and seconded by Romeo Lemieux the meeting was adjourned.

The minutes were taken by Agathe Coburn, typed by Bob Kelley and filed for record on 3/10/05.

ZONING BOARD OF ADJUSTMENT *** MINUTES *** March 9, 2005 as amended on March 16, 2005

MEMBERS PRESENT: Denis A. Chenette, Romeo Lemieux, Denise Bowen, Jack Watson, and Agathe Coburn.

MEMBERS ABSENT: Garry Coburn and Michael Richard.

OTHERS PRESENT: James Privee, Robin Smith, Clark Curtis, Michael Coutu, and Bob Kelley.

On a motion by Denise Bowen and seconded by Romeo Lemieux the minutes to the last meeting (Feb 23) were accepted as written. The decision was unanimous among the members present.

The property was developed in the 1920’s and predates zoning. The garage will not be any closer than the current building.

Agreed.

3.) That the unnecessary hardship has not been created by the appellant.

Agreed.

5.) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and form the plan.

Agreed.

Romeo Lemieux made a motion to grant a variance for application 05-039 by James Privee as submitted. Seconded by Jack Watson. The motion was granted by a unanimous decision.

On a motion made by Jack Watson and seconded by Romeo Lemieux the meeting was adjourned.

The minutes were taken by Agathe Coburn, typed by Bob Kelley and filed for record on 3/10/05.

ZONING BOARD OF ADJUSTMENT *** MINUTES *** March 16, 2005

MEMBERS PRESENT: Denis A. Chenette, Romeo Lemieux, Denise Bowen, Jack Watson, Garry Coburn, and Agathe Coburn.

MEMBERS ABSENT: Michael Richard.

OTHERS PRESENT: Pam Downer, Joseph Downer, Clark Curtis, Jim Privee, Roger Calloway, and Robin Smith.

7:30 p.m.: Chairman Denis Chenette called the meeting to order and read the warning for application 05-046 by Joseph & Pamela Downer for a variance to front yard setback for an 8 ft by 12 ft deck. The proposed deck is to be 21 ft from the centerline of the Herrick St R.O.W. This property is located at 163 Mount Vernon Street and is in a General Residential zoning district.

Chairman Denis Chenette asked for a motion on the minutes to the last meeting. Clark Curtis presented a memo on the minutes that he would like to be entered as par to the file.

Amendments to the minutes; add Michael Coutu as present at the meeting and attach Mr. Curtis’ letter dated March 15, 2005 to the minutes. On a motion by Denis Chenette and seconded by Denise Bowen the minutes to the last meeting (Mar 8) were accepted as amended. The decision was unanimous among the members present.

Discussion began on the Downer application. Mr. & Mrs. Downer were present to explain the request. The deck was built 5 years ago and the placement was the contractor’s idea. Mr. Chenette then directed the Board to Section 4468 (variances) of 24 VSA Chapter 117 for the current application and began review of each of the 5 criteria.

House takes up most of area along Mt Vernon St. Driveway is on side of house along Herrick St with bank on upper part of Mt Vernon side and toward rear of lot.

Agreed.

3.) That the unnecessary hardship has not been created by the appellant.

Agreed.

5.) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and form the plan.

Agreed.

Jack Watson made a motion to grant a variance for application 05-046 by Joseph & Pamela Downer as submitted. Seconded by Romeo Lemieux. The motion was granted by a unanimous decision.

Chairman Denis Chenette called the meeting to order and read the warning for application 05-047 by Roger & Betty Calloway for a variance to front yard setback for a 6 ft by 10 ft deck. The proposed deck is to be 37 ft from the centerline of the road R.O.W. This property is located at 205 Fairview Street and is in a General Residential zoning district. Discussion began on the above application. Mr. Calloway was present to explain the request. Garry Coburn asked questions about the deck. Mr. Calloway thought he did have a permit for the deck 3 years ago. Denis Chenette will check his records. Romeo Lemieux thought he remembered Mr. Calloway coming in front of the board for a permit. The board decided to proceed with the application in case the old permit is not found. The board recommends that the permit fee be refunded if a previous permit is found. The center of the road was in question. Mr. Chenette then directed the Board to Section 4468 (variances) of 24 VSA Chapter 117 for the current application and began review of each of the 5 criteria.

Discussion ensued regarding the possibility that a permit had been previously granted circa 2002. Three members of the board seem to remember this as having been granted.

Agreed.

3.) That the unnecessary hardship has not been created by the appellant.

Agreed.

5.) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and form the plan.

Agreed.

Garry Coburn made a motion to grant a variance for application 05-047 by Roger & Betty Calloway as submitted. Seconded by Denise Bowen. The motion was granted by a unanimous decision.

Deliberation on the Curtis appeal of the Coutu permit resumed. Denis Chenette passed around a copy of his opinion concerning the appeal and asked the board for comments. Romeo Lemieux will not be participating in the appeal due to a conflict of interest, Mr. Curtis is his neighbor, and stepped down. Jack Watson made a motion to deny the appeal of the Zoning Administrator’s decision to grant application #05-002 by Michael Coutu to raise the level of the driveway. Seconded by Denise Bowen. Ayes- Denis Chenette, Denise Bowen, Jack Watson, Agathe Coburn. Nays – none. Abstain - Romeo Lemieux, Garry Coburn. The motion passed.

Mr. Curtis would like a copy of the minutes and notice of their decision by certified mail.

The board interviewed Jim Privee, who would like to become a member of the zoning board. His letter of interest was reviewed. There is currently a vacancy on the board. Garry Coburn made a motion to recommend to the City Council that James Privee be appointed to the Zoning Board of Adjustment as a full time member. Seconded by Jack Watson. The motion was granted by a unanimous decision.

On a motion made by Garry Coburn and seconded by Denis Chenette the meeting was adjourned.

The minutes were taken by Agathe Coburn, typed by Bob Kelley and filed for record on 3/17/05.

ZONING BOARD OF ADJUSTMENT *** MINUTES *** March 16, 2005 as amended on March 23, 2005

MEMBERS PRESENT: Denis A. Chenette, Romeo Lemieux, Denise Bowen, Jack Watson, Garry Coburn, and Agathe Coburn.

MEMBERS ABSENT: Michael Richard.

OTHERS PRESENT: Pam Downer, Joseph Downer, Clark Curtis, Jim Privee, Roger Calloway, and Robin Smith.

Chairman Denis Chenette asked for a motion on the minutes to the last meeting. Clark Curtis presented a memo on the minutes that he would like to be entered as ~~par to~~ part of the file.

House takes up most of area along Mt Vernon St. Driveway is on side of house along Herrick St with bank on upper part of Mt Vernon side and toward rear of lot.

Agreed.

3.) That the unnecessary hardship has not been created by the appellant.

Agreed.

5.) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and form the plan.

Agreed.

Jack Watson made a motion to grant a variance for application 05-046 by Joseph & Pamela Downer as submitted. Seconded by Romeo Lemieux. The motion was granted by a unanimous decision.

Discussion ensued regarding the possibility that a permit had been previously granted circa 2002. Three members of the board seem to remember this as having been granted.

Agreed.

3.) That the unnecessary hardship has not been created by the appellant.

Agreed.

5.) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and form the plan.

Agreed.

Garry Coburn made a motion to grant a variance for application 05-047 by Roger & Betty Calloway as submitted and that the money should be refunded if a past permit is found. Seconded by Denise Bowen. The motion was granted by a unanimous decision.

Deliberation on the Curtis appeal of the Coutu permit resumed. Denis Chenette passed around a copy of his opinion concerning the appeal and asked the board for comments. Romeo Lemieux will not be participating in the appeal due to a conflict of interest, Mr. Curtis is his neighbor, and stepped down. Jack Watson made a motion to deny the appeal of the Zoning Administrator’s decision to grant application #05-002 by Michael Coutu to raise the level of the driveway. Seconded by Denise Bowen. Ayes- Denis Chenette, Denise Bowen, Jack Watson, Agathe Coburn, Garry Coburn. Nays – none. Abstain - Romeo Lemieux, ~~Garry Coburn~~. The motion passed.

Mr. Curtis would like a copy of the minutes and notice of their decision by certified mail.

On a motion made by Garry Coburn and seconded by Denis Chenette the meeting was adjourned.

The minutes were taken by Agathe Coburn, typed by Bob Kelley and filed for record on 3/17/05.

ZONING BOARD OF ADJUSTMENT *** MINUTES *** March 23, 2005

MEMBERS PRESENT: Denis A. Chenette, Romeo Lemieux, Jack Watson, James Privee, and Agathe Coburn.

MEMBERS ABSENT: Denise Bowen and Michael Richard.

OTHERS PRESENT: None.

7:45 p.m.: Chairman Denis Chenette called the meeting to order and read the warning for application 05-038 by Frederick & Ruth Carter for a variance to the side yard setback for a 12 ft by 20 ft deck. The proposed deck is 14 ft from the side lot line. This property is located at 399 Clyde Street and is in a general residential zoning district.

Corrections were discussed concerning the minutes to the last meeting. On a motion by Jack Watson and seconded by Agathe Coburn the minutes to the last meeting (Mar 8) were accepted as corrected (see amended minutes for corrections). The decision was unanimous among the members present.

The applicant was not present no was a qualified representative. A motion was made by Romeo Lemieux to table application 05-038 by Frederick & Ruth Carter to 7:30 p.m. Wednesday April 6, 2005 in the Council Room of the Municipal building. Seconded by James Privee. The decision was unanimous among the members present.

The board discussed the house that burned down on Clyde Street a year ago and would like the zoning administrator to check into it. It could be a health and safety problem.

Chairman Denis Chenette welcomed the 2 new board members, Agathe Coburn and James Privee

On a motion made by Agathe Coburn and seconded by Romeo Lemieux the meeting was adjourned.

The minutes were taken by Agathe Coburn, typed by Bob Kelley and filed for record on 3/24/05.

ZONING BOARD OF ADJUSTMENT *** MINUTES *** April 7, 2005

MEMBERS PRESENT: Denis A. Chenette, Romeo Lemieux, Denise Bowen, Jack Watson, James Privee, and Agathe Coburn.

MEMBERS ABSENT: Michael Richard.

OTHERS PRESENT: Marc Aube, Pauline Aube, Andrew Pepin, Michael Carter, Wendy Carter, Fred Carter, and Ruth Carter.

7:40 p.m.: Chairman Denis Chenette called the meeting to order and read the warning for application 05-055 by Marc & Pauline Aube for a variance to both side yard setbacks for an 11 ft by 12 ft deck. The proposed deck is to be 16 ft from one side lot line and 12 ft from the other side lot line. This property is located at 109 Mount Vernon Street and is in a general residential zoning district.

On a motion by Romeo Lemieux and seconded by Jack Watson the minutes to the last meeting (Mar 23) were accepted as written and the amended minutes to the March 16^th meeting were accepted. The decision was unanimous among the members present.

Discussion began on the above application. Mr. Pepin and Mr. & Mrs. Aube were present to explain the request. It was noted that the deck is existing. Mr. Chenette then directed the Board to Section 4468 (variances) of 24 VSA Chapter 117 for the current application and began review of each of the 5 criteria.

Lot is 40’+- wide with only a couple of feet on either side of the house. Agreed.

Agreed.

3.) That the unnecessary hardship has not been created by the appellant.

Agreed.

5.) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and form the plan.

Agreed.

Jack Watson made a motion to grant a variance for application -055 by Marc & Pauline Aube as submitted. Seconded by Denise Bowen. The motion was granted by a unanimous decision with James Privee abstaining (neighbor).

Chairman Denis Chenette called the meeting to order and read the warning for application 05-038 by Frederick & Ruth Carter for a variance to the side yard setback for a 12 ft by 20 ft deck. The proposed deck is 14 ft from the side lot line. This property is located at 399 Clyde Street and is in a general residential zoning district. Discussion began on the above application. Mr. & Mrs. Carter were present to explain the request. Mr. Chenette then directed the Board to Section 4468 (variances) of 24 VSA Chapter 117 for the current application and began review of each of the 5 criteria.

House sits approx. 6’-8’ from the Louis Carter property line and pre dates zoning by many years. Driveway on other side of house prevents deck from wrapping around corner of house.

See #5.

3.) That the unnecessary hardship has not been created by the appellant.

See #5.

Agreed.

5.) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and form the plan.

The Board has felt it appropriate to invoke 24 VSA §4469c and impose the condition that if the applicant finds it necessary to replace or repair the deck or if the house is sold outside of the family, the deck must com into compliance.

Jack Watson made a motion to grant a variance for application 05-038 by Frederick & Ruth Carter as with the condition that should the deck have to be replaced or if the house is sold outside the family the deck must come into compliance with the zoning bylaw. Seconded by Romeo Lemieux. The motion was granted by a unanimous decision.

Other Business: Chairman Denis Chenette read from Clark Curtis to Environmental Court appeal the board decision on the Coutu permit.

On a motion made by Denis Chenette and seconded by James Privee the meeting was adjourned.

The minutes were taken by Agathe Coburn, typed by Bob Kelley and filed for record on 4/8/05.

ZONING BOARD OF ADJUSTMENT *** MINUTES *** April 7 6, 2005 as amended

MEMBERS PRESENT: Denis A. Chenette, Romeo Lemieux, Denise Bowen, Jack Watson, James Privee, and Agathe Coburn.

MEMBERS ABSENT: Michael Richard.

OTHERS PRESENT: Marc Aube, Pauline Aube, Andrew Pepin, Michael Carter, Wendy Carter, Fred Carter, and Ruth Carter.

Lot is 40’+- wide with only a couple of feet on either side of the house. Agreed.

Agreed.

3.) That the unnecessary hardship has not been created by the appellant.

Agreed.

5.) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and form the plan.

Agreed.

House sits approx. 6’-8’ from the Louis Carter property line and pre dates zoning by many years. Driveway on other side of house prevents deck from wrapping around corner of house.

See #5.

3.) That the unnecessary hardship has not been created by the appellant.

See #5.

Agreed.

5.) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and form the plan.

Jack Watson made a motion to grant a variance for application 05-038 by Frederick & Ruth Carter as with the condition that should the deck have to be replaced or if the house is sold outside the family the deck must ~~come~~ be brought into compliance with the zoning bylaw. Seconded by Romeo Lemieux. The motion was granted by a unanimous decision.

Other Business: Chairman Denis Chenette read from Clark Curtis to Environmental Court appeal the board decision on the Coutu permit.

On a motion made by Denis Chenette and seconded by James Privee the meeting was adjourned.

The minutes were taken by Agathe Coburn, typed by Bob Kelley and filed for record on 4/8/05.

ZONING BOARD OF ADJUSTMENT *** MINUTES *** April 13, 2005

MEMBERS PRESENT: Denis A. Chenette, Romeo Lemieux, Denise Bowen, Jack Watson, James Privee, and Agathe Coburn.

MEMBERS ABSENT: Michael Richard.

OTHERS PRESENT: Gerry Hunt, Debra Hunt, Elaine LaMadeleine, Ronald LaMadeleine, Jonathan Bouchard, and Jane Josselin.

7:30 p.m.: Chairman Denis Chenette called the meeting to order and read the warning for application 05-045 by Jonathan Bouchard for conditional use approval to convert the building into an adult daycare facility. This property is located at 34 Trempe Street and is in an urban residential zoning district.

On a motion by James Privee and seconded by Romeo Lemieux the minutes to the last meeting (Apr 7) were accepted as written. The decision was unanimous among the members present.

Discussion began on the above application. Mr. & Ms. Hunt and Ms. Josselin were present to explain the request. They also represent Northeast Kingdom Health Care, Inc for the adult daycare. Ms. Hunt & Ms. Josselin will be in charge of the program. The facilities and their plans for the program were discussed. The program is built around 20 people 5 days a week (7:30 a.m. – 5:30 p.m.), with the possibility of some evenings. The program will not be for overnight. Most clients will be dropped off by family members. There was discussion whether this is a daycare or personal services. It was decided that it falls under personal services, but they will use the requirements for daycare in analyzing the parking. Mr. Chenette directed the Board to Section §4407(2) of Title 24, V.S.A. Chapter 117, Conditional Uses. Each of the standards was addressed.

General Standards:

A.) The capacity of existing or planned community facilities:

A water/sewer allocation will be needed from the City.

B.) The character of the area affected:

The character of the area will not be affected by this project.

C.) Traffic on roads and Highways in the vicinity:

Approximately 25+- vehicles twice a day with the in and out traffic – no congestion.

D.) Bylaws then in effect:

For zoning purposes the board is classifying this application as a “personal service” but is using the parking requirement to meet those of a “licensed daycare” for this adult daycare use.

E.) Utilization of renewable energy resources:

Oil fired not water system.

Specific Standards:

A.) Minimum lot size:

.6 acres +-.

B.) Distance form adjacent or nearby uses:

N/A.

C.) Performance standards, as under division (7) of this section:

N/A.

D.) Minimum off-street parking and loading facilities:

10 spaces available in a gravel based area.

E.) Landscaping and fencing:

The trees along Bel-Aire Drive will not be disturbed. No other landscaping other than gardening is planned.

F.) Design and location of structures and service areas:

Dumpster at rear of building near parking lot. Oil fill pipe located on garage side toward the Bel-Aire property – also where parking is located.

G.) Size, location, and design of signs:

Sign location and size has not been determined at this time.

H.) Such other factors as the zoning regulations may include:

Alarms on doors that would alert employees that someone has left the building or an unauthorized person has entered. Primary entry would be though the garage.

Jack Watson made a motion to grant conditional use approval for application 05-045 by Jonathan Bouchard with the condition that a water/sewer allocation is granted by the City, the parking requirement for personal services was waived and the requirement for licensed daycare was used. Seconded by Romeo Lemieux. The motion was granted by a unanimous decision.

Chairman Denis Chenette called the meeting to order and read the warning for application 05-059 by Ronald & Elaine Lamadeleine for a variance to front yard setbacks for a 10 ft wide 1 story addition on 3 sides of their house (north, south, and west). The proposed addition is to be 38 ft from the centerline of the Herrick Street ROW on the North side and 10 ft from the edge of the Herrick Street ROW on the East side. This property is located at 182 Herrick Street and is in a General Residential zoning district. Discussion began on the above application. Mr. & Mrs. LaMadeleine were present to explain the request. Mr. Chenette then directed the Board to Section 4468 (variances) of 24 VSA Chapter 117 for the current application and began review of each of the 5 criteria.

Lot has a house that does not sit squarely on the lot ore in the center of the lot.

Agreed.

3.) That the unnecessary hardship has not been created by the appellant.

Agreed. The house is approx. 100 years old.

Agreed.

5.) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and form the plan.

Agreed.

Romeo Lemieux made a motion to grant a variance for application 05-059 by Ronald & Elaine Lamadeleine as submitted. Seconded by Denise Bowen. The motion was granted by a unanimous decision.

10:05 p.m.: On a motion made by Jack Watson and seconded by Romeo Lemieux the meeting was adjourned.

The minutes were taken by Agathe Coburn, typed by Bob Kelley and filed for record on 4/14/05.

ZONING BOARD OF ADJUSTMENT *** MINUTES *** April 13, 2005 as amended

MEMBERS PRESENT: Denis A. Chenette, Romeo Lemieux, Denise Bowen, Jack Watson, James Privee, and Agathe Coburn.

MEMBERS ABSENT: Michael Richard.

OTHERS PRESENT: Gerry Hunt, Debra Hunt, Elaine LaMadeleine, Ronald LaMadeleine, Jonathan Bouchard, and Jane Josselin.

On a motion by James Privee and seconded by Romeo Lemieux the minutes to the last meeting (Apr 7 6) were accepted as written. The decision was unanimous among the members present.

General Standards:

A.) The capacity of existing or planned community facilities:

A water/sewer allocation will be needed from the City.

B.) The character of the area affected:

The character of the area will not be affected by this project.

C.) Traffic on roads and Highways in the vicinity:

Approximately 25+- vehicles twice a day with the in and out traffic – no congestion.

D.) Bylaws then in effect:

For zoning purposes the board is classifying this application as a “personal service” but is using the parking requirement to meet those of a “licensed daycare” for this adult daycare use.

E.) Utilization of renewable energy resources:

Oil fired not water system.

Specific Standards:

A.) Minimum lot size:

.6 acres +-.

B.) Distance form adjacent or nearby uses:

N/A.

C.) Performance standards, as under division (7) of this section:

N/A.

D.) Minimum off-street parking and loading facilities:

10 spaces available in a gravel based area.

E.) Landscaping and fencing:

The trees along Bel-Aire Drive will not be disturbed. No other landscaping other than gardening is planned.

F.) Design and location of structures and service areas:

Dumpster at rear of building near parking lot. Oil fill pipe located on garage side toward the Bel-Aire property – also where parking is located.