MEMBERS PRESENT: Chairperson Thomas Berstene, Stephen Wagner, Teri Dickey-Gaignat
ALTERNATES PRESENT: N' Marie Crumbie sat for Sandy Jeski
STAFF PRESENT: Michelle Lipe, Assistant Director of Planning
Kathy Middleton, Recording Secretary
Public Hearing
Chairperson Berstene called the public hearing to order at 7:08 PM
The recording secretary read the legal notice into the record as it was published in the Journal Inquirer on October 20, 2007 and October 27, 2007
1. Appl. #2713-07 - Richard and Virginia Bamber - request for two variances: 1) a variance to Section 2.14E to allow expansion of a non-conforming use, and 2) an 8 foot variance to Table 4.1.6A to allow 12' x 24' garage to be located 2 feet from side property line (10 feet required), on property located at 315 Strong Road, I zone
Richard Bamber came before the Commission and stated that they would like to construct a 12 x 24 foot pre-fabricated garage to the back end of the driveway. Mr. Bamber stated that there is a shed on the property that is falling apart and a garage would allow them to tear down the old shed and also allow them to store their daughter's car while she is in college. Virginia Bamber came before the Commission and stated that it is the only place to put the garage because the pool and well are on the other side. Mr. Bamber stated that he met with the neighbors and explained what they would like to do and there were no objections.
Wagner stated that some of the questions on the application were not answered and asked Mr. & Mrs. Bamber to answer them.
Crumbie asked if the reason the garage could not be out on the other side was because it would be too costly. Mrs. Bamber stated that they would have to build a new driveway and a garage would block the two windows on that side of the house. Mr. Bamber stated that there isn't a doorway on that side of the house.
Lipe stated that there was a concern about the location of the well. Lipe stated that she spoke with the health officer about the distance that has to be maintained from the well. The health officer was comfortable with the proposed location of the garage.
Public hearing closed at 7:22 PM
2. Appl. #2714-07 - Joseph and Pamela Butler -request for two variances to Table 3.1.2A: 1) an 8 foot variance to allow a shed to be located 42 feet from the back property line (50 feet required), and 2) an 8 foot variance to allow the shed 7 feet from the property line (15 feet required) on property located at 75 Quail Run, A-30 zone
Joseph Butler came before the Commission and stated that he would like to place a shed in his back yard and are requesting a variance of 8 feet. Butler stated that there is a shed currently on the property that will be removed and would like to replace it with a 12 x 20 foot shed and put it in the back corner of his lot. Butler stated that he will be putting a pool on his property and doesn't want the shed to be too close to the pool.
Butler stated that the hardship is that most lots in the neighborhood do not have a 50 foot front yard and back yard setback. Butler stated that he spoke with his neighbors and there were no objections.
Dickey-Gaignat asked what would happen to the Maple tree. Butler stated that it would have to be taken down and that he couldn't put the shed on the other side. Butler asked what a drainage easement is. Lipe explained what a drainage easement was and stated that Butler's lot is not affected by one.
N'Marie asked if the existing shed is going to be demolished, why the new shed can't be put in the same spot. Butler stated that it is too close to the drainage easement.
Public hearing closed at 7:30 PM
ITEM: Deliberative Session
1. Appl. #2713-07 - Richard and Virginia Bamber - request for two variances: 1) a variance to Section 2.14E to allow expansion of a non-conforming use, and 2) an 8 foot variance to Table 4.1.6A to allow 12' x 24' garage to be located 2 feet from side property line (10 feet required), on property located at 315 Strong Road, I zone
Motion to: Approve - Appl. #2713-07 - Richard and Virginia Bamber - request for two variances: 1) a variance to Section 2.14E to allow expansion of a non-conforming use, and 2) an 8 foot variance to Table 4.1.6A to allow 12' x 24' garage to be located 2 feet from side property line (10 feet required), on property located at 315 Strong Road, I zone
The Board concluded the hardship to be the non-conforming use of the house, and the position of the driveway and well does not allow for placement in any other location.
Was made by Commissioner Dickey-Gaignat
Seconded by Commissioner Wagner
The motion: carried
The vote was: unanimous
2. Appl. #2714-07 - Joseph and Pamela Butler -request for two variances to Table 3.1.2A: 1) an 8 foot variance to allow a shed to be located 42 feet from the back property line (50 feet required), and 2) an 8 foot variance to allow the shed 7 feet from the side property line (15 feet required) on property located at 75 Quail Run, A-30 zone
Motion to: Approve with conditions - Appl. #2714-07 - Joseph and Pamela Butler -request for two variances to Table 3.1.2A: 1) an 8 foot variance to allow a shed to be located 42 feet from the back property line (50 feet required), and 2) an 8 foot variance to allow the shed 7 feet from the side yard (15 feet required) on property located at 75 Quail Run, A-30 zone
The Board concluded the hardship to be the 50 foot front and back yard setbacks and the minimal impact to the neighborhood.
Condition of approval- Existing shed located on the northwest corner must be removed.
Was made by Commissioner Wagner
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was: unanimous
ITEM: Minutes
Motion to approve the minutes of October 4, 2007.
Was made by: Commissioner Dickey-Gaignat
Was seconded by: Commissioner Crumbie
The motion carried
The vote was unanimous
ITEM: Other Business
Lipe stated that the by-laws have been handed out for review by Commission members. If there are any changes that will be made to the by-laws the commission members should review them for discussion at the next ZBA meeting. Lipe stated that if the board wants to change the time of the meeting it should be corrected in the by-laws. Wagner stated that Paragraph 8E of the by-laws should also be looked at. Lipe stated that the changes would be drafted and send it to Commission members with the next agenda.
The 2008 proposed meeting schedule has been handed out for review. There was also discussion about the vacant position for a regular member on the board. Berstene asked if the Commission members wanted to look at changing the meeting time to 7:30 in order to change the time on the 2008 proposed meeting calendar. Berstene stated that he would send an email to the Commission members requesting they think about a 7:30 time change and voice their concerns at the next meeting.
Berstene stated that until the Town Council approves the new ZBA Board, the Commission should continue to meet so that there is continuity.
ITEM: Correspondence
Lipe stated that Commission members should be receiving an invitation to the Annual Holiday Social and New Business Welcome that will be held at The Mill on the River Restaurant on Monday, December 3, 2007. Lipe also stated that the Leadership Roundtable meeting will be coming up on Thursday, December 13, 2007.
ITEM: Adjournment
Motion to: adjourn the meeting at 7:58p.m.
Was made by Commissioner Dickey-Gaignat
Seconded by Commissioner Wagner
The motion: carried
The vote was as follows: unanimous
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Katherine J. Middleton
Recording Secretary
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