Zoning Board of Appeals
Minutes
November 17, 2010
Landuse Meeting Room
Members present: Chair Ethan Berg, (EB); Cliff Snyder, CS; Robert Fuster, RF; Jo Anne Magee, JM; and Ned Douglas, ND
Staff present: Land Use Clerk Peggy Ammendola, (PA)
Thomas E. and Susan G. Werman, Trustees, 169 Under Mountain Road (Map 11, Parcels 11-1, 9-1 and 9-2) (Stonover Farm B&B). Review of Variance granted on August 5, 2009. The review scheduled for November 3 was continued to November 17, 2010.
Present for the review were the following:
Attorney Philip Heller
Tom and Suky Werman
A handout was provided by Mr. Heller which included the following:
1) Document Cover Sheet from the Registry of Deeds
2) Decision of August 5, 2009
3) Notice for Recording in the Registry.
Mr. Heller reviewed the proceedings of the last meeting and reiterated that the main purpose for meeting with the ZBA was to determine if the events permitted in the variance were intrusive to the neighbors and if the Wermans had met the condition of notifying the Building Inspector of each commercial event.
It has been determined by the ZBA that there are no issues with regards to events being intrusive, but ND had requested at the last meeting that the Wermans secure a letter from the Building Inspector stating that he had been notified prior to all events. In a letter to the ZBA dated November 5, 2010 the Building Inspector Bill Thornton wrote that the Wermans did not contact his office prior to the events held in the barn, but various tent companies had been given permits to erect tents for five events at Stonover Farm during 2010.
Mr. Heller referred to the third paragraph on page two in which the third condition states:
The third condition reiterated basic limitations that there will be no more than seven commercial events per year and that the barn will be used instead of outside tents.
Mr. Heller asked the Board if they would amend the condition that if the barn is used for a commercial use, there can also be an outside tent. All other conditions would remain the same. He explained that there are times in which requests are for use of both the tent and barn for an event.
RF commented that there had not been compliance, but the events to date have not been intrusive to the neighborhood; therefore he would be in favor of continuing for another year and amending the condition as per Mr. Heller’s request
RF made a motion to continue the review of the variance to 7:00 pm on November 16, 2011 and that the third condition is modified to allow for the use of outside tents on the condition that the tents will not be used to accommodate amplified music or other amplified entertainment. ND seconded the motion and the Board voted to agree 5-0.
Respectfully submitted,
Peggy Ammendola
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