City of Newport
Zoning Board of Adjustment
2007
Meeting Minutes
ZONING BOARD OF ADJUSTMENT *** MINUTES *** July 11, 2007
MEMBERS PRESENT: Denise Bowen, Jack Watson, Alice Macie, Jim Privee, Michael Richard.
MEMBERS ABSENT: Romeo Lemieux, Agathe Coburn.
OTHERS PRESENT: Randy Davis, Constance Davis, Meaghan Davis, Dick Baraw, Woody Guyette, John Wilson, Paul Monette
7:30 p.m.: Chairman Jim Privee called the meeting to order and read the warning for application 07-046 by Randy & Constance Davis for a variance to rear yard setback for a 10 ft by 44 ft one story addition to their existing building. The proposed building is to be approx. 26 ft from their rear lot line. This property is located at 378 East Main Street and is in Commercial Zone B zoning district.
On a motion by Denise Bowen and seconded by Michael Richard the minutes to the last meeting (Jun 27) were accepted as written. The decision was unanimous among the members present.
Discussion began on the above application. Mr. & Mrs. Davis were present to explain the request. Parking was discussed with the Davis’ and also the ramp to be made with the 6 x 8 platform for addition. The sign was discussed, it will change but not in size only location. Mr. Privee then directed the Board to Section 4469 (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.
Agreed. The property is a preexisting nonconforming structure that is located on a small lot (.23 acres). The lot meets the minimum lot size (10,000 sq ft) but it is narrow and below frontage dimensions currently required. These dimensional issues are unique to the site and create a hardship to the owner.
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. The preexisting conditions preclude development except as allowed by a variance.
3.) That the unnecessary hardship has not been created by the appellant.
Agreed. The hardship was not created by the appellant.
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 or development of adjacent property, reduce access to renewable energy resources, not be detrimental to the public welfare.
Agreed. The variance will not alter the neighborhood or district, nor will it impair the development and use of adjoining neighbors.
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. This variance does represent a reasonable and minimum variance from existing bylaws and City plan.
Jack Watson made a motion to grant a variance for application 07-046 by Randy & Constance Davis as submitted. Seconded by Michael Richard. The motion was granted by a unanimous decision.
Other business: This will be the last meeting of the Zoning Board of Adjustment, as a Development Review Board has been formed effective July 18, 2007 and will take over all the functions of the ZBA. Mayor Woody Guyette thanked the Board members for the job they have done over the years and then the Mayor and Council members Dick Baraw, Paul Monette and John Wilson presented plaques to board members Michael Richard, Jack Watson, and Jim Privee for their service to the community. Board members Romeo Lemieux and Garry Coburn were not present to accept their plaques and members Denise Bowen, Agathe Coburn and Alice Macie will continue to serve the City as members of the newly formed DRB.
8:00 p.m.: On a motion made by Denise Bowen and seconded by Michael Richard the final meeting of the Newport City Zoning Board of Adjustment was adjourned.
The minutes were taken by Alice Macie, typed by
Bob Kelley and filed for record on 7/17/07.
ZONING BOARD OF ADJUSTMENT *** MINUTES *** June 27, 2007
MEMBERS PRESENT: Denise Bowen, Alice Macie, Jim Privee, Agathe Coburn.
MEMBERS ABSENT: Romeo Lemieux, Jack Watson,
OTHERS PRESENT: Bob Kelley, John Hall, Harriet Hall, Lois Jenks, Amelia Ormsbee, Francis Ormsbee, Paul Curtis, Joan Curtis, Edward Zuccaro, Mark Wheeler, Kim Tanner, Don Marsh, Kristy Ellis, Linda Michniewicz, Lisa Diagle-Farney, Steve Blake, Cindy Lawrence-Trahan, Donald Coderre III, Hope Seton, Alan Feltmarch, Diane Essaff, Julie Mulroy-Evans, Eric Erwin, Jody Lea Marquis, Kima Emery, Connie Isabelle, Paul Denton, Denis Chenette.
8:00 p.m.: Chairman Jim Privee called the meeting to order and read the warning for the hearing of an appeal by Paul and Jane Curtis et al of the Zoning Administrator’s decision to grant application #07-007 by Marlene Manosh for an educational center for preschool and family services. This property is located at 363 Bluff Road and is in a general residential zoning district.
On a motion by Alice Macie and seconded by Agathe Coburn the minutes to the last meeting (May 30) were accepted as written. The decision was unanimous among the members present.
Discussion on the appeals was started by Chairman Jim Privee asking Paul Curtis to tell why he brought an appeal. No reason was given. Bob Kelley stated he issued the permit because Conditional Use and Site Plan Approval were both approved. Appellants started to discussion the Conditional Use approval, but the Chairman quickly directed the discussion back to the appeal at hand, which is the Zoning Administrator’s decision to grant the permit. Attorney Zuccaro spoke briefly about the appeal process and agreed with the Chairman that this hearing is about the ZA’s decision to grant the permit. Clark Curtis asked that the appeal be read. Chairman Jim Privee read the appeal letter. Clark Curtis said he didn’t think this was warned properly since Joan Curtis’ name was warned as Jane and also that the lot coverage and setbacks did not meet the bylaw. Bob Kelley stated he was responsible for the warning and it was his typo error. Attorney Zuccaro stated for the record that he would not make an issue of the error in the warning. Chairman Jim Privee asked if anyone else would like to speak up about this appeal. Another attempt to discuss issues related to Conditional Use and Site Plan approvals was made. Chairman Jim Privee again reminded them that this hearing was concerning the ZA’s decision to grant the permit and the other issues should be appealed to Environmental Court. After there was no further discussion, the Chairman asked the board if someone wished to make a motion.
Agathe Coburn made a motion to go into deliberative session. Seconded by Denise Bowen. The decision was unanimous among the members present.
Upon returning from deliberative session Chairman Jim Privee called the meeting to order and asked for a motion. Agathe Coburn made a motion to deny the appeal because of a lack of facts presented. Seconded by Denise Bowen. The motion was granted by a unanimous among the members present. THEREFORE THE APPEAL WAS DENIED.
Jim Privee noted that their next meeting is warned for July 11th.
8:30 p.m.: On a motion made by Denise Bowen and seconded by Agathe Coburn the meeting was adjourned.
The minutes were taken by Alice Macie, typed by Bob Kelley and filed for record on 7/3/07.
ZONING BOARD OF ADJUSTMENT *** MINUTES *** May 30, 2007
MEMBERS PRESENT: Romeo Lemieux, Denise Bowen, Jack Watson, Alice Macie, Jim Privee, Agathe Coburn.
MEMBERS ABSENT: None.
OTHERS PRESENT: Blaine Wright, Melanie Graham, Jacques Roberge, Pauline Duquette, JP Duquette, Jerry Abbott, Ellie Ingram.
7:30 p.m.: Chairman Jim Privee called the meeting to order and read the warning for application 07-024 by Jerry Abbott for conditional use approval to expand a nonconforming structure. The proposal is to add a 20 ft by 24 ft one story addition to the rear of the building. The proposed addition is to be 10 ft from the northerly lot line and will not get any closer to the lot line than the existing building. This property is located at 28 Cottage Street and is in an urban residential zoning district.
On a motion by Denise Bowen and seconded by Agathe Coburn the minutes to the last meeting (May 23) were accepted with a minor amendment. A sentence in the 3rd paragraph should read “None of the porch will be enclosed.” The decision was unanimous among the members present.
Discussion began on the above application. Mr. Abbott was present to explain the request. A doorway will be made for a fire escape on the upstairs. There will be a private entry door onto the driveway for this new addition as a regular front door. Jacque Roberge was there to speak for a neighbor and asked if there was to be a foundation on this addition? Mr. Abbott said only about a ft and it will be done by Mr. Degree who is a professional. Mr. Roberge said if any digging was done and would be below the frost line (about 3 ft) it might cause the bank to give way onto his clients’ property. Mr. Abbott said he would pay for any damage if it was to happen. Mr. Roberge said also if there was any dumping, such as snow, it would damage his clients garage (Holliey White). Mr. Abbott said it was only going to be a small ranch style addition and he is at least 10 ft away and doesn’t expect any problem. After much discussion, Mr. Privee directed the Board to Section §4414 (3) 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:
No impacts to existing community facilities.
B.) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the Municipal plan:
No effect or impact.
C.) Traffic on roads and Highways in the vicinity:
No impact or change.
D.) Bylaws and ordinances then in effect:
Only bylaw is setback and conditional use. No impact or change.
E.) Utilization of renewable energy resources:
Jack Watson made a motion to grant conditional use approval for application 07-024 by Jerry Abbott with the condition that Mr. Abbott will be responsible if any damage is done to the bank along Holliey White’s property. Seconded by Agathe Coburn. The motion was granted by a unanimous decision.
Chairman Jim Privee called the meeting to order and read the warning for application 07-027 by Ellie Ingram/Pauline Duquette for conditional use approval to change the use of the building to a licensed daycare with an apartment on the second floor. This property is located at 447 Sias Ave and is in a general residential zoning district. Discussion began on the above application. Mr. & Mrs. Duquette and Ms. Ingram were present to explain the request. Ages of the children were discussed. The trash receptacles outside need to be screened or covered. No extra lights will be added outside the building. There will be a completely fenced area for the safety of the children. Parking is adequate for 5 to 7 vehicles. They expect about 20 children. The hours are from 7:00 a.m. to 5:30 p.m. There will only be a small sign that will not be illuminated. There seems to be a problem with having an apartment and a day care center because we can only have one use. There were questions about the need for fire alarms and sprinklers. Mr. Duquette said the fire marshal has already inspected the property and given them a list of things they need, such as fire alarms, exit signs, and emergency lighting. Mr. Privee directed the Board to Section §4414 (3) 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:
Letter requesting allocation of water and sewer has been submitted to the City for approval.
B.) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the Municipal plan:
No negative impact.
C.) Traffic on roads and Highways in the vicinity:
Minor impact to traffic but not a serious concern.
D.) Bylaws and ordinances then in effect:
Require screening of trash per §338. Multiple use shall be considered and approve/not approved during planning commission site plan review, per §311. No other impact.
E.) Utilization of renewable energy resources:
Romeo Lemieux made a motion to grant conditional use approval for application 07-027 by Ellie Ingram/Pauline Duquette with the condition that the acceptance of the multiple uses be decided by the planning commission during site plan review. Seconded by Agathe Coburn. The motion was granted by a unanimous decision.
Other business: Jim said he talked with Bob Kelley and the new DRB will try to get started in June.
8:45 p.m.: On a motion made by Alice Macie and seconded by Denise Bowen the meeting was adjourned.
The minutes were taken by Alice Macie, typed by Bob Kelley and filed for record on 6/1/07.
ZONING BOARD OF ADJUSTMENT *** MINUTES *** May 23, 2007
MEMBERS PRESENT: Denise Bowen, Alice Macie, Jim Privee, Agathe Coburn.
MEMBERS ABSENT: Romeo Lemieux, Jack Watson.
OTHERS PRESENT: Denise Dumont, Brad Maxwell, Jim Clancey.
7:30 p.m.: Chairman Jim Privee called the meeting to order and read the warning for application 07-021 by Denise Dumont for conditional use approval to expand a nonconforming structure. The proposal is to add an 8 ft by 32 ft porch, a 12 ft by 12 ft deck, a 10 ft by 10 ft carport, an 8 ft by 25 ft concrete pad, and an 8 ft by 10 ft concrete pad. All the proposed additions will not get any closer to the lot lines causing the nonconformance. This property is located at 289 Spruce Street and is in a general residential zoning district.
On a motion by Agathe Coburn and seconded by Alice Macie the minutes to the last meeting (May 16) were accepted as written. The decision was unanimous among the members present.
Discussion began on the above application. Ms. Dumont & Mr. Clancey were present to explain the request. None of it will be enclosed. Mr. Privee directed the Board to Section §4414 (3) 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:
None involved except City water. No change.
B.) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the Municipal plan:
No impact or change in neighborhood character.
C.) Traffic on roads and Highways in the vicinity:
No change.
D.) Bylaws and ordinances then in effect:
No impact. Conformance no worsened.
E.) Utilization of renewable energy resources:
Alice Macie made a motion to grant conditional use approval for application 07-021 by Denise Dumont as submitted. Seconded by Denise Bowen. The motion was granted by a unanimous decision.
Chairman Jim Privee read the warning for application 07-017 by Neighborhood Equities LLC for conditional use approval to enlarge their existing camp and deck. The final maximum dimensions of the building are 35 ft by 49 ft. The proposed enlargement of the building will not get any closer to the lot line causing the nonconformance. This property is located at 79 Heron Lane and is in a general residential zoning district. Discussion began on the above application. Mr. Maxwell was present to explain the request. Mr. Privee directed the Board to Section §4414 (3) 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:
No change or impact.
B.) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the Municipal plan:
No change or impact.
C.) Traffic on roads and Highways in the vicinity:
No change or impact.
D.) Bylaws and ordinances then in effect:
No impact. Conformance no worsened.
E.) Utilization of renewable energy resources:
No change or impact.
Agathe Coburn made a motion to grant conditional use approval for application 07-017 by Neighborhood Equities LLC as submitted. Seconded by Denise Bowen. The motion was granted by a unanimous decision.
Other business: Jim handed out an update of the procedures for the DRB. He asked if there was any questions and explained to Denise (who wasn’t here last week) what had been revised.
8:05 p.m.: On a motion made by Alice Macie and seconded by Agathe Coburn the meeting was adjourned.
The minutes were taken by Alice Macie, typed by Bob Kelley and filed for record on 5/24/07.
ZONING BOARD OF ADJUSTMENT *** MINUTES *** May 16, 2007
MEMBERS PRESENT: Denis A. Chenette, Romeo Lemieux, Michael Richard, Jack Watson, Alice Macie, Jim Privee, Agathe Coburn.
MEMBERS ABSENT: Denise Bowen.
OTHERS PRESENT: James Bartley, Tina Leblond, Nick Manosh, Kim Tanner, Hope Sutton, Linda Michniewicz, Julie Mulroy-Evans, John Watson, Paul Denton, Kristina Michelsen, Mark Wheeler, Dennis Percy, George Azur II, Janet Vigeant, Linda Curtis, Clark Curtis, John Hall, Harriet Hall, Lois Jenks, Paul Curtis, Francis Ormsbee, Bob Kelley.
7:40 p.m.: Chairman Jim Privee called the meeting to order and read the warning for application 07-007 by Marlene Manosh for conditional use approval for an educational center for preschool and family services. This project includes two additions to the existing building totaling 8494 sq ft. This property is located at 363 Bluff Road and is in a general residential zoning district. Sections 205, 505. This application was tabled from the April 25, 2007 meeting.
On a motion by Jack Watson and seconded by Romeo Lemieux the minutes to the last meeting (Apr 25) were accepted with the correction that Lois Jenks was opposed to the project not in favor of it. The decision was unanimous among the members present.
Romeo Lemieux made a motion to change the order of business and review the Bartley application before the Manosh application. Seconded by Alice Macie. The decision was unanimous among the members present.
Chairman Jim Privee called the meeting to order and read the warning for application 07-015 by James Bartley for conditional use approval to expand a nonconforming structure by enlarging the existing 5 ft by 13 ft to 6 ft by 25 ft. The proposed porch will be further from the lot lines than the rest of the existing building. This property is located at 179 Elm Street and is in an urban residential zoning district. Discussion began on the above application. Mr. Bartley was present to explain the request. Mr. Privee directed the Board to Section §4414 (3) 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:
No change or impact.
B.) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the Municipal plan:
No change in the character of the area affected.
C.) Traffic on roads and Highways in the vicinity:
No change or impact.
D.) Bylaws and ordinances then in effect:
No impacts except front/side setbacks.
E.) Utilization of renewable energy resources:
Romeo Lemieux made a motion to grant conditional use approval for application 07-015 by James Bartley as submitted. Seconded by Agathe Coburn. The motion was granted by a unanimous decision.
Discussion began on the Manosh application 07-007. Kim Tanner was present to explain the request. Chairman Jim Privee recapped what had transpired at prior meetings. He read a letter fro City Attorney Bill Davies to Bob Kelley Zoning Administrator regarding the location of the gas station (Fred’s) to the proposed education center. The letter will become part of the application record. The City Attorney’s opinion was that the 300 ft separation between a school and a gas station should be measured from the school property line to the closest point on the gas station lot actually use to dispense fuel. Comments from the public included:
The applicant addressed measurements from pumps/canopy to the applicant’s lot line and it was deemed to be over 300 ft. Paul Curtis submitted a survey signed by 32 residents of the immediate area. All opposed to the application. The hearing was closed and Michael Richard made a motion to go into deliberative session to discuss testimony re: application 07-007 until 8:55. Seconded by Agathe Coburn. The motion was granted by a unanimous decision with Alice Macie abstaining.
Upon returning from deliberative session Chair Jim Privee directed the Board to Section §4414 (3) 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:
The Director of Public Works has considered the application and has stated that sufficient water and sewer capacity is available for the project (April 10th letter). The Planning Commission will address the subject of storm water runoff.
B.) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the Municipal plan:
The area is mixed use consisting of residential and light industry. The expansion of the existing building will be done to blend into the residential properties that exist. The greater portion of the expansion is on the opposite side (opposing side) of the residential neighborhood. The view and décor will be residential in appearance. The type of business is appropriate and compatible with a residential setting.
C.) Traffic on roads and Highways in the vicinity:
The neighborhood currently has a great amount of through traffic during specific times in the day. However, this project will not significantly add to that traffic. The majority of additional traffic will occur at the Newport end of the neighborhood and not require travel through the main neighborhood street. The traffic will occur during brief times n the morning (drop off students) and afternoon (pick up students).
D.) Bylaws and ordinances then in effect:
The letter from the City’s Attorney (May 10th) resolved the open issue regarding the reading/interpretation of §326. The applicant meets the 300 ft setback/distance required by §326.01. The application meets all the existing bylaws (e.g. 332 and 328 and others)
E.) Utilization of renewable energy resources:
Jack Watson made a motion to grant conditional use approval for application 07-007 by Marlene Manosh as submitted. Seconded by Michael Richard. Ayes – Denis Chenette, Jim Privee, Agathe Coburn, Michael Richard, Jack Watson. Nays - Romeo Lemieux. Abstain - Alice Macie. The motion was granted.
The board had general discussion about the proposed DRB and reviewed draft rules of procedure and conflict of interest.
10:15 p.m.: On a motion made by Jack Watson and seconded by Michael
Richard the meeting was adjourned.
The minutes were taken by Michael Richard, typed by Bob Kelley and filed for record on 5/18/07.
ZONING BOARD OF ADJUSTMENT *** MINUTES *** April 25, 2007 as amended
MEMBERS PRESENT: Denis A. Chenette, Romeo Lemieux, Denise Bowen, Jack Watson, Michael Richard, Jim Privee, Agathe Coburn.
MEMBERS ABSENT: None.
OTHERS PRESENT: Paul Curtis, Kristina Michelsen, Hope Sutton, Kim Tanner, Mark Wheeler, John Watson, Julie Mulroy-Evans, Paul Denton, Kristy Ellis, George Azur II, Marcel Tanguay, Nancy Tanguay, Dennis Percy, Francis Ormsbee, Judy Poirier, David Poirier, Lois Jenks, Bernie Heanult.
7:40 p.m.: Chairman Denis Chenette called the meeting to order and read the warning for application 07-007 by Marlene Manosh for conditional use approval for an educational center for preschool and family services. This project includes two additions to the existing building totaling 8494 sq ft. This property is located at 363 Bluff Road and is in a general residential zoning district. This application was tabled from their April 11th meeting.
On a motion by Michael Richard and seconded by Agathe Coburn the minutes to the last meeting (Apr 18) were accepted as written. The decision was unanimous among the members present.
Denis Chenette initiated the discussion on application 07-007. He accepted into the public record a letter that was submitted by Zuccaro & Willis (counsel for the applicant). Denis next read a letter that had been received by Bob Kelley that noted that Bylaw §326.01 would apply and that, perhaps could impact the application. The board decided to press forward by reviewing the action items that were assigned to the applicant during the last meeting.
The architect started the discussion of the questions. He first reviewed the Preliminary survey results. The building development will adequately adhere to all setbacks. The architect next reviewed the lighting plan. The perimeter lights are directed downward looking beams that are set back about 20 ft from the neighbor’s property. Various specification sheets were provided that gave technical data on the exterior fixtures (4) that will be used. Also, the engineer stated that the perimeter lights would be on a timer and shut off during the night starting at approximately 7:30 p.m. The Architect provided two planned views of the building. These two views were discussed. The NCIC representative provided a projection of transportation patterns. The transportation schedule would involve the movement of children by bus and automobile. Most children would come into the school from Newport and a small number from Derby. The NCIC director presented a notional illustration of the business sign.
Jim Privee made a motion to go into a deliberative session until 8:30 to decide what the ZBA’s next action should be. Seconded by Jack Watson. The decision was unanimous among the members present.
Upon returning from deliberative session Michael Richard made a motion to table application 07-007 by Marlene Manosh until they can get a legal opinion from the City’s attorney regarding Bob’s letter. Seconded by Jack Watson. The decision was unanimous among the members present.
Public Concerns: Francis Ormsbee – safety re:
crosswalks, blinking lights on school busses and other concerns. Speed limits
also a concern for the school zone. Lois Jenks – voiced that she is in favor
of opposed to the project.
Denis Chenette made a motion to elect Jim Privee as chair for the ZBA. Seconded by Jack Watson. The decision was unanimous among the members present.
Denis Chenette made a motion to elect Agathe Coburn as vice-chair for the ZBA. Seconded by Denise Bowen. The decision was unanimous among the members present.
Denis Chenette made a motion to elect Michael Richard as clerk for the ZBA. Seconded by Agathe Coburn. The decision was unanimous among the members present.
There was a general discussion on the proposed Planning Commission candidate for membership on the DRB. The consensus opinion was that the candidate would not be a positive addition to the DRB.
There was a general discussion the size of the DRB. The general consensus was that membership should be seven members with at least three alternates.
On a motion made by Denise Bowen and seconded by Michael Richard the meeting was adjourned.
The minutes were taken by Jim Privee, typed by Bob Kelley and filed for record on 4/30/07.
ZONING BOARD OF ADJUSTMENT *** MINUTES *** April 18, 2007
MEMBERS PRESENT: Romeo Lemieux, Jack Watson, Michael Richard, Jim Privee, Agathe Coburn.
MEMBERS ABSENT: Denis A. Chenette, Denise Bowen.
OTHERS PRESENT: Gerry Coulombe.
7:35 p.m.: Vice Chair Jim Privee called the meeting to order and read the warning for application 07-010 by Lauri Coulombe & Tobias Spanner for conditional use approval and a variance to move an existing structure 2 ft to the rear and 5 ft to the side. The proposed setbacks are to be 12 ft in the front and 12 ft in the rear. This property is located at 54 Loop Rd and is in a general residential zoning district.
On a motion by Romeo Lemieux and seconded by Agathe Coburn the minutes to the last meeting (Apr 11) were accepted as written. The decision was unanimous among the members present.
Discussion began on the above application. Mr. Coulombe was present representing the applicant to explain the request. Jim Privee read a letter by Bob Kelley explaining the setback issues. Mr. Coulombe explained the project. Mr. Privee directed the Board to Section §4414 (3) 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:
None involved.
B.) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the Municipal plan:
Not affected or changed.
C.) Traffic on roads and Highways in the vicinity:
No change or impact.
D.) Bylaws and ordinances then in effect:
Setback is the only bylaw involved. Set backs are improving the site by pushing the house further from the street.
E.) Utilization of renewable energy resources:
Jack Watson made a motion to grant conditional use approval for application 07-010 by Lauri Coulombe & Tobias Spanner as submitted. Seconded by Michael Richard. The motion was granted by a unanimous decision.
The variance portion of the application was then addressed and Mr. Privee directed the Board to Section 4469 (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.
Agreed. Pre-zoned property. Very irregular lot.
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.
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 or 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 07-010 by Lauri Coulombe & Tobias Spanner as submitted. Seconded by Jack Watson. The motion was granted by a unanimous decision.
8:25 p.m.: On a motion made by Jack Watson and seconded by Michael Richard the meeting was adjourned.
The minutes were taken by Agathe Coburn, typed by Bob Kelley and filed for record on 4/19/07.
ZONING BOARD OF ADJUSTMENT *** MINUTES *** April 11, 2007
MEMBERS PRESENT: Denis A. Chenette, Romeo Lemieux, Denise Bowen, Jim Privee, Agathe Coburn.
MEMBERS ABSENT: Jack Watson, Michael Richard.
OTHERS PRESENT: Mark Wheeler, Kim Tanner, Kristina Michelsen, Francis Ormsbee, Paul Curtis, Lois Jenks, Richard Baraw, Janet Vigeant, Blake Hall, George Azur II, Ronald Pepin, Constance Isabelle, Bob Kelley.
7:40 p.m.: Chairman Denis Chenette called the meeting to order and read the warning for application 07-007 by Marlene Manosh for conditional use approval for an educational center for preschool and family services. This project includes two additions to the existing building totaling 8494 sq ft. This property is located at 363 Bluff Road and is in a general residential zoning district.
On a motion by Romeo Lemieux and seconded by Denise Bowen the minutes to the last meeting (Feb 7) were accepted as written. The decision was unanimous among the members present.
Discussion began on the above application. Denis asked who would be representing the applicant. Ms. Tanner responded that she would represent Marlene Manosh. Denis reviewed the specifics of the application. Denis accepted into the record a group of written material that had been submitted during last night’s Planning Commission review (Apr 10).
A thorough review of the proposed development was conducted. The applicant provided information on student/adult population, employees, services provided, hours of operation, etc… The abutting neighbors voiced several concerns. Primarily, the concerns were:
· Development was out of character with a residential neighborhood.
· Traffic will substantially increase which will negatively impact the neighborhood and its safety.
· Property will never revert to residential use (if approved).
· The size of the building will substantially increase which will be a negative visual impact.
After an exhaustive review of the project, as well as serious discussions of each neighbors’ concerns the meeting was halted. A decision was made to go into deliberative session.
9:00 p.m.: A deliberative session was entered. The board considered what issues need to be addressed by the applicant on the 25th of April.
9:30 p.m.: The public session was reconvened. Several concern/issues were listed that need to be addressed/presented by the applicant on the 25th of April.
10:00 Jim Privee made a motion to table the application until 7:30 p.m. on Wednesday, April 25, 2007 here in the Council Room of the Municipal Building. Seconded by Denise Bowen. The motion was granted by a unanimous decision.
10:05 p.m.: On a motion made by Agathe Coburn and seconded by Romeo Lemieux the meeting was adjourned.
The minutes were taken by Jim Privee, typed by Bob Kelley and filed for record on 4/12/07.
ZONING BOARD OF ADJUSTMENT *** MINUTES *** February 7, 2007
MEMBERS PRESENT: Denis A. Chenette, Romeo Lemieux, Denise Bowen, Jack Watson, Michael Richard, Jim Privee, Agathe Coburn.
MEMBERS ABSENT: None.
OTHERS PRESENT: Paul Monette, Richard Cartee, Stephen Brochu, Brent Hilliard, Leonard Lucas, Cecile Lucas, Chris Roy, Tony Tanguay, Kevin Shee, Joyce Shee.
7:40 p.m.: Chairman Denis Chenette called the meeting to order and read the warning for application 07-003 by Anthony Tanguay for conditional use approval for a 60 ft by 44 ft bus garage and related bus and automobile parking. This property is located at 612 Union Street and is in Commercial Zone B zoning district.
On a motion by Denise Bowen and seconded by Agathe Coburn the minutes to the last meeting (Jan 31) were accepted as written. The decision was unanimous among the members present.
Jim Privee noted for the board that he would not participate in the discussion or vote of application 07-003 because of a conflict of interest. Discussion began on the above application. Mr. Tanguay was present to explain the request. Denis Chenette read into the record a letter that was submitted for the record. The letter voiced concerns about the project, especially the amount of diesel gasses and fumes that are emitted by the bus fleet that will be housed on the subject property. The letter was submitted by Mr. & Mrs. Lucas and signed by various health providers. Denis reviewed various physical elements regarding the application such as setbacks, etc… Once permits are in place (City and State) the property would be transferred to North Country Schools (District 22). Denis asked about the oil/grit separator. Tony Tanguay explained that it is a specialized separator that rem9oves oils and solvents from water so that water entering the storm water system is froe from such contaminants. Brent Hilliard (NCUHS) explained that the fleet of busses are new and they require a few minutes to warm up (5-10 minutes). Busses come and go a t various times of the day starting at 6 am. The bus fleet is leased for 5 years. Last bus of the day is about 6:40 pm. Brent explained that the High School has a no-idling policy for its busses. The ZBA reviewed the plan for the bus garage. The building will have 2 bays, a bathroom, meeting/coffee area, and office. The building will be 10 feet from the Lucas property line. The busses will be on the opposite side of eh parking lot away from the Lucas property. Who will maintain the bus garage site? Brent Hilliard explained that the maintenance equipment will be housed at the High School and transported to the site and then returned. The size of the Tool Room will be used to house tools and bus maintenance supplies. The High School has a contract to haul away the oil. Mr. Lucas stated that the prevailing winds are primarily from the south and southwest. This would drive the diesel gasses toward the Lucas property. Some lighting would be provided. It will be downward directed. There will not be a perimeter fence. A letter from Leach Engineering dated Feb 5, 2007 is to be provided to the Zoning Administrator regarding water allocation. Also, a letter from Tom Bernier is required that addresses the availability of water and sewer. Mr. Chenette directed the Board to Section §4414 (3) 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:
1350 gal allocation for lot. Letter from Leach Engineering to Tom Bernier is to be made part of the application packet and a response from Tom Bernier is also requested. See ANR letter 6-23-05
B.) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the Municipal plan:
No change.
C.) Traffic on roads and Highways in the vicinity:
Additional 80 trips per day on Union St.
D.) Bylaws and ordinances then in effect:
None.
E.) Utilization of renewable energy resources:
Michael Richard made the motion to approve application 07-003. He prefaced the motion with his concern about the legal owner of the property. The motion include the conditions that letters from Leach Engineering and Tom Bernier be provided to the file. Agathe Coburn seconded. Mike withdrew the motion and Agathe withdrew her second. Michael Richard resubmitted the motion to grant conditional use approval for application 07-003 with the stipulation that the School Board create a policy regarding eh minimizing the idling of busses. Seconded by Agathe Coburn. The motion was granted by a unanimous decision, with Jim Privee abstaining.
Chairman Denis Chenette called the meeting to order and read the warning for application 07-001 by Joyce Shee for a variance to the left side lot line and conditional use approval to expand a nonconforming structure for a 4 ft wide wrap around porch that is 32 ft long on one side and 15 ft long on the other side. The proposed porch is to be 13 ft from the left side lot line and 15 ft from the right side lot line. The house is currently 17 ft from the left side lot line and 15 ft from the right side lot line. This property is located at 138 Camp Elizabeth Way and is in a general residential zoning district. This was for the variance portion of the application that was tabled at eh Jan 31 meeting because the vote was not sufficient to pass or fail. By rule this was a “no action” at that time. Discussion began on the above application. Mr. & Ms. Shee were present to explain the request. A sketch was submitted by the owner that showed a “before” and “after” illustration of the home. There was a discussion of the porch, the location of the house on the lot, and the intention of the porch design. Mr. Chenette then directed the Board to Section 4469 (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.
Agreed, by most board members. Lot is 60+- feet wide and over 200 feet long. Land does not create hardship – location of the house does as well as design.
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.
The entryway could be located on the “road” side of the house but this would create additional hardship to the applicant. However with the entryway on the side, a hardship has created necessity for a variance.
3.) That the unnecessary hardship has not been created by the appellant.
Agreed by entire board.
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 or development of adjacent property, reduce access to renewable energy resources, not be detrimental to the public welfare.
Agreed by entire board.
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 by entire board.
Romeo Lemieux made a motion to grant a variance for application 07-001 by Joyce Shee as submitted. Seconded by Jack Watson. Ayes - Jack Watson, Denise Bowen, Romeo Lemieux, Michael Richard. Nays – Denis Chenette, Jim Privee. Agathe Coburn abstained. The motion was granted by a majority decision.
Other business: Denis noted for the Board that there was one item of old business. Re: Development Review Board. Denis discussed MAPA and the general process used for the DRB. Denis asked for a straw poll. Unanimous in favor of a DRB.
Jim mentioned that next week (Feb 13) there will be a hearing on proposed bylaw amendments.
9:45 p.m.: On a motion made by Agathe Coburn and seconded by Denise Bowen the meeting was adjourned.
The minutes were taken by Jim Privee, typed by Bob Kelley and filed for record on 2/9/07.
ZONING BOARD OF ADJUSTMENT *** MINUTES *** January 31, 2007
MEMBERS PRESENT: Denis A. Chenette, Romeo Lemieux, Denise Bowen, Jack Watson, Jim Privee, Agathe Coburn.
MEMBERS ABSENT: Michael Richard.
OTHERS PRESENT: Kevin Shee, Joyce Shee, Bob Kelley.
7:40 p.m.: Chairman Denis Chenette called the meeting to order and read the warning for application 07-001 by Joyce Shee for a variance to the left side lot line and conditional use approval to expand a nonconforming structure for a 4 ft wide wrap around porch that is 32 ft long on one side and 15 ft long on the other side. The proposed porch is to be 13 ft from the left side lot line and 15 ft from the right side lot line. The house is currently 17 ft from the left side lot line and 15 ft from the right side lot line. This property is located at 138 Camp Elizabeth Way and is in a general residential zoning district.
On a motion by Agathe Coburn and seconded by Jack Watson the minutes to the last meeting (Jan 10) were accepted as written. The decision was unanimous among the members present.
Discussion began on the above application. Mr. & Mrs. Shee were present to explain the request. Denis Chenette noted that one side of the proposed porch will require a conditional use approval; while the other side requires a variance. He proposed that the conditional use part of the project be considered first. To this end he reviewed the general dimensions of the property and the setback footage. Sets of photos were provided to the ZBA. The owner explained that a previous porch existed on the south side but it was smaller. They added on the old porch to provide an overhang. The new request is for the north side. Denis asked if it was possible to have an entry form the front of the house under the overhang. The answer was that spot is a bedroom and cannot be used as an entry port. Jim asked if the porch was going to be enclosed. The answer was “no”. Mr. Chenette directed the Board to Section §4414 (3) 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:
No affect.
B.) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the Municipal plan:
No change to area.
C.) Traffic on roads and Highways in the vicinity:
No affect.
D.) Bylaws and ordinances then in effect:
No affect.
E.) Utilization of renewable energy resources:
No affect.
Romeo Lemieux made a motion to grant the conditional use portion for application 07-001 by Joyce Shee as submitted. Seconded by Denise Bowen. The motion was granted by a unanimous decision, with Agathe Coburn abstaining.
Mr. Chenette then directed the Board to Section 4469 (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.
Agreed, by most board members. Lot is 60+- feet wide and over 200 feet long. Land does not create hardship – location of the house does as well as design.
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.
The entryway could be located on the “road” side of the house but this would create additional hardship to the applicant. However with the entryway on the side, a hardship has created necessity for a variance.
3.) That the unnecessary hardship has not been created by the appellant.
Agreed by entire board.
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 or development of adjacent property, reduce access to renewable energy resources, not be detrimental to the public welfare.
Agreed by entire board.
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 by entire board.
Romeo Lemieux made a motion to grant the variance portion of the application 07-001 by Joyce Shee as submitted. Seconded by Jack Watson. Ayes - Denise Bowen, Jack Watson, Romeo Lemieux. Nays – Jim Privee, Denis Chenette. Abstained - Agathe Coburn. The motion did not pass because a majority of the entire board is needed. Four votes were required to pass the motion. The motion is declared a “No Action”. The application will be reconsidered next week by the full board. February 7, 2007 at 7:30 p.m. here in the Council Room.
Other Business – Bob Kelley was present. Denis provided him with a copy of a letter the ZBA members received in today’s mail. Denis read a section of the letter regarding the board’s consideration of application 06-097. The was noted that it was also addressed to the Planning Commission. No action is required by the ZBA.
Bob discussed the downtown designation. A “Planning Commitment” is required as part of the process. Either a Design Review District and a Design Review Committee are needed or a Development Review Board (DRB). Bob noted a number of sections from State Statutes concerning Local Act 250 review and MAPA (Municipal Administrative Procedure Act) that must be considered in the establishment of a DRB. A DRB is still an option along with a Downtown District. Grants are available for on-site training of individuals that will become members of a DRB.
9:50 p.m.: On a motion made by Jack Watson and seconded by Agathe Coburn the meeting was adjourned.
The minutes were taken by Jim Privee, typed by Bob Kelley and filed for record on 2/1/07.
ZONING BOARD OF ADJUSTMENT *** MINUTES *** January 10, 2007
MEMBERS PRESENT: Denis A. Chenette, Romeo Lemieux, Jack Watson, Alice Macie, Jim Privee, Agathe Coburn.
MEMBERS ABSENT: Denise Bowen.
OTHERS PRESENT: Jim Campbell, Charlie Barker, Andy Larocque, Fran Risinger, Steve Blake, Jacques Roberge, James McQuillen, Danny Thomas, Randy White, Paul Julien, David Converse, David Humphrey, John Stevens, Bob Kelley, Mike Isabelle.
7:30 p.m.: Chairman Denis Chenette called the meeting to order and read the warning for application 06-097 by David Converse/David Humphrey for conditional use approval to enlarge a nonconforming structure. This proposal is to enlarge a landing down near the shore of Lake Memphremagog. This property is located off Farrant Street between the Lake and the railroad track and is in an Urban Recreational zoning district.
Michael Richard made a motion to accept the minutes to the previous meeting (Jan 3) with the amendment that “Condition not met” be added at the end of Item #1 in the variance review criteria. Seconded by Jack Watson. The decision was unanimous among the members present.
Discussion began on the above application. Mr. Converse, Mr. Humphrey, and Mr. Stevens were present to explain the request. This involves an extension of a landing that is adjacent to the lakefront. A photograph was presented that shows the original landing. Comparing the photograph to the current design suggests that the current design add about 6 ft on the southern end and about 4 ft on the northern end of the original landing. The front line of the property is the side that faces the lake. There was no one present that knew the location of the front lot line. Denis Chenette drew attention to rebar rod (remnants) that remain in the rock. They were there as part of the original landing. They anchored railroad ties that formed the foundation of the original landing.
A question was raised as to the name/description that would apply to the structure. Bob Kelley noted that the City Attorney ruled the structure is not a “bulkhead”. Denis Chenette introduced a letter that was submitted that noted that Tom Bernier had to approve the finished grade. A letter from Tom Bernier is in the file. The owner (Mr. Converse) noted that the water and ice never hit or damaged the previous landing.
During discussion of the extension Mr. Humphrey stated that the extension was done to anchor the entire project, as well as to create a bigger erosion control structure. The discussion regarding the frontage of the structure concluded that it does not come any closer to the lake. Andrew Larocque asked to speak. He wanted to introduce a letter and Denis Chenette authorized any statements regarding the specific issue pertaining to this application. Mr. Larocque read part of the letter, which voiced concerns that the new construction impacts erosion in the area.
Mr. Chenette directed the Board to Section §4414 (3) 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:
No impact.
B.) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the Municipal plan:
One member (Jim Privee) felt that the landing does create a negative impact on the landscape. Character has been changed by introducing a concrete wall to an area that was previously natural.
C.) Traffic on roads and Highways in the vicinity:
N/A.
D.) Bylaws and ordinances then in effect:
N/A.
E.) Utilization of renewable energy resources:
Mr. Larocque voiced a concern that the board is considering bylaws but not environmental concerns. Denis Chenette noted that the Dept of Natural Resources has visited the site and has submitted a letter that did not find a negative impact.
Jack Watson made a motion to grant conditional use approval for application 06-097 by David Converse/David Humphrey with the condition that a landscaping plan must be submitted to the Planning Commission for their approval and the plan as approved must be implemented. Seconded by Michael Richard. Ayes - Jack Watson, Michael Richard, Agathe Coburn, Romeo Lemieux, Denis Chenette. Nays – Jim Privee. The motion was granted.
Other business: Designated Downtown was discussed. Bob Kelley explained how a Designated Downtown would affect zoning. Either a design review district and a Design Review Committee would have to be formed to review all applications in the district, which would add an addition review to the current review procedures. The other option is forming a Development Review Board (DRB) and eliminating the Zoning Board. The DRB would handle all development review, which would simplify the review process. Bob indicated that the favored option was a DRB. Membership could be similar to the current Zoning Board. 3 to 9 members are allowed and there is greater flexibility in the use of alternates. The workload would increase because the DRB takes on all the responsibility of the Zoning Board plus site plan review, which is now handled by the Planning Commission. It is very likely that 2 meeting a month would be common. The Planning would be allowed to concentrate on planning. The Zoning Board was in favor of switching to a DRB.
The Council should be making the decision which option to proceed with by March.
9:00 p.m.: On a motion made by Romeo Lemieux and seconded by Michael Richard the meeting was adjourned.
The minutes were taken by Jim Privee, typed by Bob Kelley and filed for record on 1/11/07.
ZONING BOARD OF ADJUSTMENT *** MINUTES *** January 3, 2007 as amended
MEMBERS PRESENT: Denis A. Chenette, Romeo Lemieux, Denise Bowen, Jack Watson, Michael Richard, Jim Privee, Agathe Coburn.
MEMBERS ABSENT: None.
OTHERS PRESENT: Joe Aja, John Benson, Robert Fitts, Steve Blake.
7:30 p.m.: Chairman Denis Chenette called the meeting to order and read the warning for application 07-002 by North Country Union High School for a variance to the landscaping requirement for the student parking lot adjacent to the American Legion. The northwest corner of the parking lot encroaches on the 15 ft wide landscaping area. This property is located at 209 Veterans Ave and is in a General Residential zoning district.
On a motion by Michael Richard and seconded by Denise Bowen the minutes to the last meeting (Dec 20) were accepted as written. The decision was unanimous among the members present.
Discussion began on the above application. Jim Privee announced that he would not participate in the review since he has a conflict of interest, as he is a member of the school board. Denis Chenette asked what the rationale was for the added parking. The project manager for the Career Center development reviewed the general parking plan. The goal was to maximize the available parking without creating any unacceptable conflicts. Student and faculty are not expected to significantly increase. However, additional parking would be advantageous. If the variance request were denied the loss of these additional spaces would not be detrimental. Bob Fitts explained the way that available parking spaces are allocated. He noted that the parking lot (all available spaces) is never full. Spots in t he remote reaches of the parking lots are typically available. Mr. Chenette then directed the Board to Section 4469 (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.
There is an angled lot line bordering the north side of the “North Parking” area. Had this line been perpendicular to Veterans Ave, no need for variance would exist. Not Met.
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.
If the 4 requested lots were not to be granted the project would still go ahead. Not met.
3.) That the unnecessary hardship has not been created by the appellant.
Agreed.
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 or 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.
During the review of Section 4469 additional questions were raised as to how deliveries are made (FedEx, woodchips, etc), where administrators and staff are permitted to park, the traffic flow, etc. These new questions help the ZBA to better understand the overall goals of the parking proposal as well as restrictions and limitations that are created by the property. Jack Watson made a motion to grant a variance for application 07-002 by North Country Union High School as submitted. Seconded by Michael Richard. The motion was granted by a unanimous decision, with Jim Privee abstaining.
Jack Watson made a motion to grant conditional use approval for application 06-110 by Ellie Ingram & Carla Watson with the condition that the property be reverted to a “single-family dwelling only” residence prior to a sale or transfer of the property. Seconded by Michael Richard. The motion was granted by a unanimous decision.
New business – Jim Privee provided a synopsis of his attendance at today’s Development Review Board review. He also extended an invitation to all members to the Do0wntown Development meeting to be held on January 24, 2007.
845 p.m.: On a motion made by Jack Watson and seconded by Denise Bowen the meeting was adjourned.
The minutes were taken by Jim Privee, typed by Bob Kelley and filed for record on 1/5/07.