MEMBERS PRESENT: Chairperson Stephen Wagner, Marjorie Anthony, Thomas Berstene, and Sandi Jeski
ALTERNATES PRESENT: Tim Moriarty
Paul Oates sitting for Terri Dickey-Gaignat
STAFF PRESENT: Michele Lipe, Assistant Director of Planning, Town Attorney Barry Guliano arrived at 7:35 p.m. and Debbie Reid, Recording Secretary
The meeting was called to order at 7:00 p.m. Chairperson Wagner explained that the purpose of this meeting is to deliberate on appl. #2596-03 – John J. Mitchell. There are legal issues that will need to be addressed by the Town Attorney.
Commission members had a lengthy discussion regarding issues with this application. The Board then formulated legal questions they felt needed answers before any decisions could be made on these variance requests. The questions are as follows:
Definition of extension of non-conforming use.
Can we consider adding trucks? Application extension lawful use?
Can change to other Federal regulations after the form of an existing use?
Desire to reduce or abolish non-conforming use over time with fairness vs. addition to structures allowed only to perpetuate an existing non-conforming use.
If we grant the second house, can we restrict to a particular structure vs. a new structure?
If so, will a condition restricting to that house hold water?
How do we not de facto grant an extension to non-conforming use regarding 1,000-gallon gas, 2,000-gallon diesel, propane and kerosene?
Are features such as power lines and hills, which are off the property, legitimate hardships?
If property does or does not change, does Mitchell have buffer requirement?
ITEM: Adjournment
Motion to: adjourn the meeting at 9:10 p.m.
Was made by Commissioner Berstene
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows
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Deborah W. Reid, Recording Secretary
Zoning Board of Appeals
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