ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
October 23rd, 2018
Public Meeting
Members & Staff Present:
John Giffin (Chair) Ron Haggett (Vice-Chair), William Bryk (Member), Ray Ledgerwood (Member), Shelley Nelkens (Member), and Ashley Brudnick-Destromp (Assistant)
Absent: Carol Ogilvie (Planning Consultant)
Public Attendees: Janice Mellen (Previous owner of property,) and Steve Robinson (Representing Daniel Robinson and himself.)
7:00 PM Public Meeting: Chair Giffin opened the meeting at 6:59 pm. The Chair introduced the Board members and explained the Public Hearing. He gave the option to reschedule where Ray Ledgerwood was absent, and there were 4 members present. Mr. Robinson declined to reschedule. Mr. Ledgerwood came in around 7:03PM, and the Chair retracted his offer to reschedule from earlier.
Chair Giffin asked Ms. Brudnick-Destromp to read the Public Notice. Ms. Brudnick-Destromp informed the board that the first notice was published on 10/12/18, but that she had made an error, and re published on 10/19/18. She read the notice from 10/19/18, and pointed out that 4 Craig Lake should read “4 Craig Road.”
The Chair asked Ms. Brudnick-Destromp if the notice was posted in the appropriate public places, she responded yes. The Chair asked Ms. Brudnick-Destromp if she received the certified mail notifications from the abutters, she responded yes, all abutters received their certified mail.
7:09 PM Public Hearing:
Ms. Nelkens asked Ms. Mellen how come they didn’t join the 3 lots, where they own Lots 9, 10, and 11. Ms. Mellen explained her and her siblings owned each lot individually at one point, and they were passed down that way. Ms. Mellen stated to her knowledge they have always been separated lots, even though the family uses them jointly. The Chair asked that the board hold any further questions until after the presentation.
Mr. Robinson explained where the porch would be going per the map that was provided from Daniel Robinson. Ms. Nelkens asked about the wheel chair accessible ramp, in terms of location how far it will be from the porch. Mr. Robinson replied he honestly did not know the measurements of that.
The Chair mentioned it was his understanding that ADA ramps are not considered structures, as they can be removed. Mr. Haggett concurred with the Chair that it should not be a question of distance. Ms. Nelkens said that she was concerned about the space left for an emergency vehicle. Mr. Robinson responded that you would not be able to get an emergency vehicle through that way anyways, but showed on the map where you could get an emergency vehicle access in 2 spots.
Ms. Nelkens asked about the bunkhouse in the back. It’s a 12x12 shed according to Mr. Robinson, and is less than 200 sqft.
The Chair asked for verification of to where it is being connected to the house, as the house is built high, is it being built as a single story off of the 1st floor or the 2nd floor? Mr. Robinson responded that it will be a roofed porch with screens on the 1st story of the building.
Mr. Haggett stated it is a rough lot to build on. There is a lot of rock and wet lands. There was a discussion between Mr. Haggett, Mr. Robinson, and the Chair on the land, and how it is not very buildable in general other then what they have done so far.
The Chair and Mr. Haggett asked Mr. Robinson to verify if all 4 siblings who are listed as owners had agreed to this. Ms. Brudnick-Destromp verified she received a signature from each sibling on the application form.
Mr. Bryk wanted to clarify each of the individual trusts, and how many trusts are there. Mr. Robinson stated that each brother owns their own trust. Mr. Bryk asked if there are any restrictions within these trusts that would prevent one brother from selling their lot. Mr. Robinson responded that the brothers are under a mutual agreement that if one brother were to sell their lot, that the other brothers would have the first grab at it prior to the public.
The Chair asked if there were any setbacks from DES in regards to the water that would not be met for this porch. Mr. Haggett responded that the Lake Front District set back from the water is 100ft, and this meets the requirements. Mr. Ledgerwood also agreed with this. The Chair stated that he is outside the requirement for a DES permit. Ms. Nelkens asked to be shown on the map where the setback is for the water. Mr. Robinson and the Chair showed her on the map provided in the packet.
The Chair asked if there were any other questions from the board. All responded “No.”
The Chair asked if there was anyone in favor of the application, there was no response.
The Chair asked if there was anyone who wished to speak against the application, there was no response.
Motion: Mr. Haggett made a motion to close the Public Hearing and start the Board discussion on the Variance. Mr. Ledgerwood seconded. All were in favor.
Discussion: Mr. Haggett stated he did not see a reason to not let this go through, as it will not affect anyone other than the owners, and would benefit the property.
The Chair mentioned that he did not see an issue with this, other than that it is difficult to build on the rough terrain, and that the vehicles might have an issue working on it. Mr. Robinson stated that they can get in front and in back with a vehicle. Mr. Ledgerwood questioned where, Mr. Robinson showed him on the map.
The Chair asked if there were any questions or concerns. The board responded with “No.”
Motion: Mr. Haggett made a motion to approve the Variance. Mr. Bryk seconded.
Roll Call Vote: Ms. Nelkens- “Aye.” Mr. Bryk – “Aye.” Mr. Haggett – “Aye.” Mr. Giffin – “Aye.” Mr. Ledgerwood- “Aye.”
The application was approved unanimously. The Variance has been Granted.
Motion: Mr. Bryk made a motion to adjourn the Zoning Board Public Hearing, and subsequently, the ZBA meeting. Ms. Nelkens seconded the motion.
Vote: By a voice vote, all agreed.
Meeting Adjourned: 7:29 PM
Respectfully Submitted,
Ashley Brudnick-Destromp
Assistant to Land Use Boards
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