TOWN OF DERBY
ZONING BOARD OF ADJUSTMENT
Minutes 2007
*** Unapproved ***
Derby Zoning Board of Adjustment * Minutes * December 1, 2008
Members Present: Paul Prue, Norman Gaboriault, Charles Capaldi.
Members Absent: Joe Profera, Judy Nommik.
Others Present: Nancy Poulin, Johanna Poulin, Jeff Poulin, Peter Poulin, ZA Bob Kelley.
7:05 p.m.: Acting Chair Charles Capaldi called the hearing to order. Norman Gaboriault made a motion to accept the minutes of the last meeting (Nov 3) as written. Seconded by Paul Prue. Approved by a unanimous decision.
Acting Chair Charles Capaldi read the warning for application 08-124 by Native-Vest LLC, PIN SMSDC039G5.C, for conditional use approval for a residential business. It is proposed to convert an existing office into a retail store for infant/children clothing and toys. This property is located at 282 Main Street, Derby Center and is in a Village Residential/Derby Center zoning district. Peter, Jeff, Nancy and Johanna Poulin were present to explain the request. Peter and Jeff Poulin are partners in Native-Vest LLC. Nancy and Johanna Poulin will be purchasing the property. They will be selling new merchandise not used. Parking and landscaping were discussed in detail. The existing sign will be refaced. There were no letters submitted or oral testimony given by abutting property owners/interested parties in regards to this application. Paul Prue made a motion to close the hearing on application 08-124 by Native-Vest LLC. Seconded by Norman Gaboriault. Approved by a unanimous decision. The applicant was informed that the Board has 45 days to render a decision and they will be notified when a decision has been made.
After deliberating on the above application Norman Gaboriault made a motion to grant conditional use approval for application 08-124 by Native-Vest LLC with the following conditions:
Seconded by Paul Prue. Approved by a unanimous decision. (See written decision)
8:00 p.m.: Norman Gaboriault made a motion to adjourn. Seconded by Paul Prue. Approved by a unanimous decision.
The minutes were taken by Bob Kelley.
TOWN OF DERBY ZONING BOARD OF ADJUSTMENT
Conditional Use Review
Findings of Fact, Conclusion of Law & Decision
December 1, 2008
OWNER: Native-Vest LLC
MEETING DATE: December 1, 2008
APPLICATION #: 08-124
This decision pertains to Conditional Use review for application #08-124 by Native-Vest LLC for conditional use approval for a Residential Business to sell infant/children clothing/toys.
FINDINGS OF FACT
Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Zoning Board of Adjustment hearing on December 1, 2008 the Town of Derby Zoning Board of Adjustment makes the following Findings of Fact:
General Information
This Application
CONCLUSION OF LAW
Based on the foregoing Finding of Fact, the Town of Derby Zoning Board of Adjustment concludes that the proposed site plan provides:
1.) The capacity of existing or planned community facilities;
This project will not have an undue adverse impact on existing or planned community facilities.
2.) The character of the area involved;
This project will not have an undue adverse impact on the character of the area.
3.) Traffic on roads and highways in the vicinity;
This project will not have an undue adverse impact on the roads and highways in the vicinity.
4.) Bylaws then in effect;
§402.3(B) and §402.8(D) apply to this application.
5.) Utilization of renewable energy resources;
This project will not have an undue adverse effect on the utilization of renewable energy resources.
6.) The general public health, safety and welfare;
This project will not have an undue adverse effect on the general public health, safety and welfare.
DECISION
The Town of Derby Zoning Board of Adjustment, based upon the foregoing Findings of Fact and Conclusion of Law, hereby APPROVES application #08-124 by Native-Vest LLC for conditional use approval for a Residential Business to sell infant/children clothing/toys with the following conditions.
Those in favor: Paul Prue, Norman Gaboriault, Charles Capaldi.
Those in opposition: None.
Dated in Derby, Vermont this 1st day of December 2008.
Town of Derby Zoning Board of Adjustment
Charles Capaldi, Acting Chair
An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision. The fee is $250.
If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long. You will be bound by the decision, pursuant to 24 V.S.A. §4472(d).
This is a local permit application only. Other permits may be NECESSARY. The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application. To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098.
EXHIBIT LIST
|
Applicant |
Date |
Description |
|
A-1 |
11/10/2008 |
Application |
|
A-2 |
11/10/2008 |
Abutters list |
|
A-3 |
11/10/2008 |
Hand drawn site plan |
|
A-4 |
11/10/2008 |
sign plan |
|
A-5 |
11/10/2008 |
Fax cover letter |
|
A-6 |
11/10/2008 |
Letter from Fleming to Derby 4/10/02 |
|
A-7 |
11/10/2008 |
Copy permit 02-093 - Certificate of Occupancy for office |
|
A-8 |
12/1/2008 |
Revised Site plan |
|
|
|
|
|
Town |
Date |
Description |
|
T-1 |
11/13/2008 |
Certificate of service |
|
T-2 |
11/13/2008 |
ZA's comments |
Derby Zoning Board of Adjustment * Minutes * November 3, 2008
Members Present: Paul Prue, Norman Gaboriault, Judy Nommik, Charles Capaldi.
Members Absent: Joe Profera.
Others Present: Reginald Abbott, ZA Bob Kelley.
7:05 p.m.: Acting Chair Norman Gaboriault called the hearing to order. Judy Nommik made a motion to accept the minute of the last meeting (Oct 6) as written. Seconded by Charles Capaldi. Approved by a unanimous decision.
Acting Chair Norman Gaboriault opened the hearing for application 08-114 by Reginald Abbott, PIN TRD41001G3.T, for conditional use approval to expand a nonconforming single-family dwelling by removing the existing garage and building a 48 ft by 65 ft one-story addition. The existing building is approximately 16 ft from the Crawford Farm Road and 24 ft from Rte 5. The proposed addition will not get any closer to either road. This property is located at 30 Crawford Farm Road and is in a Commercial zoning district. Reginald Abbott was present to explain the request. The property is a rental unit that is currently vacant, the last tenant destroyed the building. The proposed addition is one story. The State has plans to change Crawford Road so that it exits at the traffic light by Community Bank and close off the current exit between the Abbott property and the police barrack. There were no letters submitted or oral testimony given by abutting property owners/interested parties in regards to this application. Judy Nommik made a motion to close the hearing on application 08-114 by Reginald Abbott. Seconded by Charles Capaldi. Approved by a unanimous decision. The applicant was informed that the Board has 45 days to render a decision and he will be notified when a decision has been made.
After deliberating on the above application Charles Capaldi made a motion to grant conditional use approval for application 08-114 by Reginald Abbott as submitted. Seconded by Judy Nommik. Approved by a unanimous decision. (see written decision)
7:25 p.m.: Judy Nommik made a motion to adjourn. Seconded by Charles Capaldi. Approved by a unanimous decision.
The minutes were taken by Bob Kelley.
TOWN OF DERBY ZONING BOARD OF ADJUSTMENT
Conditional Use Review
Findings of Fact, Conclusion of Law & Decision
November 3, 2008
OWNER: Reginald Abbott
MEETING DATE: November 3, 2008
APPLICATION #: 08-114
This decision pertains to Conditional Use review for application #08-114 by Reginald Abbott to expand an nonconforming single-family dwelling by removing the existing garage and adding a 48 ft by 65 ft addition that will not get any closer to the lot lines than the existing structure.
Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Zoning Board of Adjustment hearing on November 3, 2008 the Town of Derby Zoning Board of Adjustment makes the following Findings of Fact:
General Information
This Application
CONCLUSION OF LAW
Based on the foregoing Finding of Fact, the Town of Derby Zoning Board of Adjustment concludes that the proposed site plan provides:
1.) The capacity of existing or planned community facilities;
This project will not have an undue adverse impact on existing or planned community facilities.
2.) 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;
This will not have an undue adverse impact on the character of the area.
3.) Traffic on roads and highways in the vicinity;
This project will not have an undue adverse impact on the roads and highways in the vicinity.
4.) Bylaws and ordinances then in effect;
This project will not have an undue adverse effect on the bylaw in effect.
5.) Utilization of renewable energy resources;
This project will not have an undue adverse effect on the utilization of renewable energy resources.
6.) The general public health, safety and welfare;
This project will not have an undue adverse effect on the general public health, safety and welfare.
DECISION
The Town of Derby Zoning Board of Adjustment, based upon the foregoing Findings of Fact and Conclusion of Law, hereby APPROVES application #08-114 by Reginald Abbott to remove the existing garage and build a 48 ft by 65 ft addition as submitted.
Those in favor: Paul Prue, Judy Nommik, Norman Gaboriault, Charles Capaldi.
Those in opposition: None.
Dated in Derby, Vermont this 3rd day of November 2008.
Town of Derby Zoning Board of Adjustment
Norman Gaboriault, Acting Chair
An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision. The fee is $250.
If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long. You will be bound by the decision, pursuant to 24 V.S.A. §4472(d).
This is a local permit application only. Other permits may be NECESSARY. The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application. To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098.
EXHIBIT LIST
|
Applicant |
Date |
Description |
|
A-1 |
10/7/2008 |
Application |
|
A-2 |
10/7/2008 |
Abutters list |
|
A-3 |
10/7/2008 |
Site plan |
|
|
|
|
|
Town |
Date |
Description |
|
T-1 |
10/15/2008 |
Certificate of service |
|
T-2 |
10/21/2008 |
ZA's comments |
Derby Zoning Board of Adjustment * Minutes * October 6, 2008
Members Present: Paul Prue, Norman Gaboriault, Joe Profera, Judy Nommik, Charles Capaldi.
Members Absent: None.
Others Present: Priscilla Reed, ZA Bob Kelley.
7:00 p.m.: Chair Joe Profera called the hearing to order and read the warning for application 08-092 by Priscilla Reed, PIN TRD54080N5.T, for conditional use approval to enlarge a nonconforming structure by adding an 11 ft by 11 ft storage addition to her house. The proposed addition will be no closer to the front lot line than the existing house, approx. 30 ft. This property is located at 341 Old Town Road and is in a Rural Residential zoning district. Ms. Reed was present to explain the request. She explained that the setback used to be 30 ft when she built her house and regulations have since changed and now it is 50 ft. The addition is to provide protection for her outdoor pellet boiler and for the pellets. The front will remain open to access the boiler. Her house is the last one on the road. There were no letters submitted or oral testimony given by abutting property owners/interested parties in regards to this application. Judy Nommik made a motion to close the hearing on application 08-092 by Priscilla Reed. Seconded by Charles Capaldi. Approved by a unanimous decision. The applicant was informed that the Board has 45 days to render a decision and they will be notified when a decision has been made.
Charles Capaldi made a motion to accept the minute of the last meeting (Aug 25) as written. Seconded by Norman Gaboriault. Approved by a unanimous decision.
After deliberating on the above application Judy Nommik made a motion to grant conditional use approval for application 08-092 by Priscilla Reed as submitted. Seconded by Norman Gaboriault. Approved by a unanimous decision. (see written decision)
The Board reviewed proposed rules of procedure and made some minor changes. Judy Nommik made a motion to adopt the proposed Rules of Procedure as amended. Seconded by Norman Gaboriault. Approved by a unanimous decision.
7:35 p.m.: Judy Nommik made a motion to adjourn. Seconded by Norman Gaboriault. Approved by a unanimous decision.
The minutes were taken by Bob Kelley.
TOWN OF DERBY ZONING BOARD OF ADJUSTMENT
Conditional Use Review
Findings of Fact, Conclusion of Law & Decision
October 6, 2008
OWNER: Priscilla Reed
MEETING DATE: October 6, 2008
This decision pertains to Conditional Use review for application #08-092 by Priscilla Reed, PIN TRD54080N5.T, to enlarge a nonconforming single-family structure by adding an 11 ft x 11 ft attached shed addition.
FINDINGS OF FACT
Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Zoning Board of Adjustment hearing on October 6, 2008 the Town of Derby Zoning Board of Adjustment makes the following Findings of Fact:
General Information
This Application
CONCLUSION OF LAW
Based on the foregoing Finding of Fact, the Town of Derby Zoning Board of Adjustment concludes that the proposed site plan provides:
1.) The capacity of existing or planned community facilities;
This project will not have an undue adverse impact on existing or planned community facilities.
2.) 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;
This will not have an undue adverse impact on the character of the area.
3.) Traffic on roads and highways in the vicinity;
This project will not have an undue adverse impact on the roads and highways in the vicinity.
4.) Bylaws and ordinances then in effect;
This project will not have an undue adverse effect on the bylaw in effect.
5.) Utilization of renewable energy resources;
This project will not have an undue adverse effect on the utilization of renewable energy resources.
6.) The general public health, safety and welfare;
This project will not have an undue adverse effect on the general public health, safety and welfare.
DECISION
The Town of Derby Zoning Board of Adjustment, based upon the foregoing Findings of Fact and Conclusion of Law, hereby APPROVES application #08-092 by Priscilla Reed for an 11 ft by 11 ft attached shed addition to her single-family dwelling as submitted.
Those in favor: Joe Profera, Paul Prue, Judy Nommik, Norman Gaboriault, Charles Capaldi.
Those in opposition: None.
Dated in Derby, Vermont this 6th day of October 2008.
Town of Derby Zoning Board of Adjustment
Joe Profera, Chair
Charles Capaldi
Norman Gaboriault
Judy Nommik
Paul Prue
An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision. The fee is $250.
If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long. You will be bound by the decision, pursuant to 24 V.S.A. §4472(d).
This is a local permit application only. Other permits may be NECESSARY. The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application. To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098.
EXHIBIT LIST
|
Applicant |
Date |
Description |
|
A-1 |
9/9/2008 |
Application |
|
A-2 |
9/9/2008 |
Site plan overall |
|
A-3 |
9/9/2008 |
Site plan close-up |
|
A-4 |
9/9/2008 |
Abutters list |
|
A-5 |
9/9/2008 |
Elevation view |
|
|
|
|
|
Town |
Date |
Description |
|
T-1 |
9/17/2008 |
Certificate of service |
|
T-2 |
9/23/2008 |
ZA's comments |
Derby Zoning Board of Adjustment * Minutes * August 25, 2008
Members Present: Norman Gaboriault, Joe Profera, Charles Capaldi.
Members Absent: Paul Prue, Judy Nommik.
Others Present: Tim Gustafson-Byrne, ZA Bob Kelley.
7:00 p.m.: Chair Joe Profera called the hearing to order. Charles Capaldi made a motion to accept the minute of the last meeting (Aug 11) as written. Seconded by Norman Gaboriault. Approved by a unanimous decision.
Chair Joe Profera read the warning for application 08-070 by Tim Gustafson-Byrne, PIN RT111004G5.C, for variance to rebuild a portion of an existing nonconforming structure and adding a 24 ft by 30 ft second story addition for an apartment. This property is located at 78 VT Route 111 and is in a Village Residential-Multi-Family Derby Center zoning district. Tim Gustafson-Byrne was present to explain the request. The history of the use of the property was discussed. Mr. Byrne felt that if his permit were granted the property would fit into the neighborhood better, would be an improvement to the neighborhood, and would add to the tax base. The proposal would only increase the height of the building 5’ 6” to a height of 22’ and the whole building would be resided with vinyl siding. Mr. Byrne has occupied the property for approximately 7 years and purchased it 2 years ago. The building is nonconforming because it does not meet the front or side yard setbacks. The footprint of the building will not change. Landscaping and parking were discussed. There were no letters submitted or oral testimony given by abutting property owners/interested parties in regards to this application. Charles Capaldi made a motion to close the hearing on application 08-070 by Tim Gustafson-Byrne. Seconded by Norman Gaboriault. Approved by a unanimous decision. The applicant was informed that the Board has 45 days to render a decision and they will be notified when a decision has been made.
7:50 p.m.: The board entered into deliberative session.
8:40 p.m.: The board returned from deliberative session. Norman Gaboriault made a motion to DENY the variance request for application 08-070 by Tim Gustafson-Byrne because criteria #2 was not met. Seconded by Charles Capaldi. The variance was DENIED by a unanimous decision. (see attached written decision)
8:50 p.m.: Norman Gaboriault made a motion to adjourn. Seconded by Charles Capaldi. Approved by a unanimous decision.
The minutes were taken by Bob Kelley.
TOWN OF DERBY ZONING BOARD OF ADJUSTMENT
Variance Review
Findings of Fact, Conclusion of Law & Decision
August 25, 2008
OWNER: Tim Gustafson-Byrne
MEETING DATE: August 25, 2008
This decision pertains to Variance review for application #08-070 to increase the height of a nonconforming structure by adding a second floor for an apartment.
FINDINGS OF FACT
Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Zoning Board of Adjustment hearing on August 25, 2008 the Town of Derby Zoning Board of Adjustment makes the following Findings of Fact:
General Information
This Application
CONCLUSION OF LAW
Based on the foregoing Finding of Fact, the Town of Derby Zoning Board of Adjustment makes the following conclusions in regards to the variance criteria:
1) 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 these conditions, and not the circumstances or conditions generally created by the provisions of the bylaw in the neighborhood or district in which the property is located.
The lot is narrow and shallow and the hardship is caused by these conditions.
2) Because of these physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the bylaw, and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
The existing structure is nonconforming and may exist indefinitely. The appellant has had reasonable use of the property for as long as he has owned it and therefore the authorization of a variance is not necessary to enable the reasonable use of the property.
3) Unnecessary hardship has not been created by the appellant.
The property owner currently has reasonable use of the property and is creating the hardship by requesting expanded use of the property.
4) 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, or be detrimental to the public welfare.
Increasing the height of the building will not alter the essential character of the neighborhood.
5) The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the bylaw and from the plan.
Since the property owner currently has reasonable use of the property the minimum variance that would afford relief would be no variance.
DECISION
The Town of Derby Zoning Board of Adjustment, based upon the foregoing Findings of Fact and Conclusion of Law, hereby DENIES the variance request for application #08-070 by Tim Gustafson-Byrne as submitted.
Those in favor: None.
Those in opposition: Joe Profera, Norman Gaboriault, Charles Capaldi.
Dated in Derby, Vermont this 25th day of August 2008.
Town of Derby Zoning Board of Adjustment
Joe Profera, Chair
Charles Capaldi
Norman Gaboriault
An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision. The fee is $250.
If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long. You will be bound by the decision, pursuant to 24 V.S.A. §4472(d).
This is a local permit application only. Other permits may be NECESSARY. The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application. To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098.
EXHIBIT LIST
|
Applicant |
Date |
Description |
|
A-1 |
7/24/2008 |
Permit application |
|
A-2 |
7/24/2008 |
Abutters list |
|
A-3 |
7/24/2008 |
Narrative |
|
A-4 |
7/24/2008 |
Elevation plans |
|
A-5 |
7/24/2008 |
photos - existing conditions |
|
A-6 |
7/24/2008 |
Tax map |
|
A-7 |
7/24/2008 |
Lister's card |
|
A-8 |
7/24/2008 |
Survey |
|
A-9 |
8/12/2008 |
Certificate of Service |
|
|
|
|
|
Town |
Date |
Description |
|
T-1 |
8/21/2008 |
ZA's Comments |
Derby Zoning Board of Adjustment * Minutes * August 11, 2008
Members Present: Paul Prue, Norman Gaboriault, Joe Profera, Judy Nommik, Charles Capaldi.
Members Absent: None.
Others Present: Paula Crowe, Todd Willis, Cindy Willis, Mitch Wonson, Dawn Macie, ZA Bob Kelley.
7:00 p.m.: Chair Joe Profera called the hearing to order. Paul Prue made a motion to accept the minute of the last meeting (Jul 28) as written. Seconded by Norman Gaboriault. Approved by a unanimous decision.
Chair Joe Profera read the warning for application 08-057 by Owner: Paula Crowe & Applicant: AHA Inc, PIN NDRT5084F5.C 3197 VT Route 5, for conditional use approval to change the use of a portion of the building to Offices. This application was tabled from their last meeting. Dawn Macie was present to explain the request. All renovations will be interior, no change to parking, will start out being open 3 – 4 days a week with 2 employees, and no new exterior lighting will be added. The reach out center is to help people in need and they will be storing some items on site, but they also rent a storage unit from Taplins. There was no input from the general public. Charles Capaldi made a motion to close the hearing on application 08-057 by Owner: Paula Crowe & Applicant: AHA Inc. Seconded by Norman Gaboriault. Approved by a unanimous decision. The applicant was informed that the Board has 45 days to render a decision and they will be notified when a decision has been made.
Chair Joe Profera read the warning for application 07-107 by Todd & Cindy Willis dba Lake Salem Holdings LLC, PIN TRD50001J7T Hayward Road, for conditional use approval to for a campground expansion. This application was tabled from their last meeting to allow the applicant and Mr. Slaiby a chance to work out the details on the proposed berm between themselves. An agreement signed by both parties was submitted to the Board for their review. It calls for a 5 ft tall berm that is 4 ft wide at the top and 250 ft long. 2 offset rows of American Arborvitae planted 5 ft on center are to be planted on the top of the berm. The Board reviewed one final time condition 3(A) 1 thru 4 to ask all parties if they had anything else to add. No additional information was submitted. Judy Nommik made a motion to close the hearing on application 07-107 by Todd & Cindy Willis. Seconded by Charles Capaldi. Approved by a unanimous decision. The applicant was informed that the Board has 45 days to render a decision and they will be notified when a decision has been made.
7:20 p.m.: The Board began deliberations on the 2 applications.
Judy Nommik made a motion to grant conditional use approval for application 08-057 by Owner: Paula Crowe & Applicant: AHA Inc as submitted. Seconded by Charles Capaldi. Approved by a unanimous decision.
Charles Capaldi made a motion to approve the revised site plans and supporting documents for application 07-107 by Todd & Cindy Willis dba Lake Salem Holdings LLC as required in condition 3(A) of the Boards decision on this application dated 12/06/2007.
· 3(A)(1) Site plan SP-2 by David A. Lawes Engineering, Inc dated 6/24/08 is approved with the clarification that areas depicted as A2 and A3 are to be eliminated.
· 3(A)(2) Site plan LS-5 dated 5/12/08 and site plan C0 by David A. Lawes Engineering, Inc revision #7 dated 6/17/08 are approved with the amendments to the berm and landscaping as per the agreement between Todd & Cindy Willis and Bill & Jackie Slaiby signed and dated 8/11/08.
· 3(A)(3) Site plan SP-1 by David A. Lawes Engineering, Inc dated 6/24/08 is approved with supporting letter dated 3/20/28 by David Lawes and stormwater run-off analysis.
· 3(A)(4) Site plan SP-1 by David A. Lawes Engineering, Inc dated 6/24/08 is approved.
Seconded by Judy Nommik. Approved by a unanimous decision.
Other business: Rules of Procedure were discussed and ZA Bob Kelley will get a draft out to the Board prior to their next meeting.
7:40 p.m.: Judy Nommik made a motion to adjourn. Seconded by Norman Gaboriault. Approved by a unanimous decision.
The minutes were taken by Bob Kelley and filed for record on 8/13/08.
Derby Zoning Board of Adjustment * Minutes * July 28, 2008
Members Present: Paul Prue, Norman Gaboriault, Joe Profera, Judy Nommik.
Members Absent: Charles Capaldi.
Others Present: Beverley Stachrowski, Gerald Stachrowski, Katherine Stachrowski, Michael Venditti, Paula Crowe, W. Slaiby, Tom Petit, Todd Willis, Cindy Willis, Mitch Wonson, Joseph Gresser (Chronicle), Robin Smith (Caledonian Record), ZA Bob Kelley.
7:00 p.m.: Chair Joe Profera called the hearing to order. Norman Gaboriault made a motion to accept the minute of the last meeting (Jul 7) as written. Seconded by Paul Prue. Approved by a unanimous decision.
Chair Joe Profera read the warning for application 08-056 by Owners: Beverley & Gerald Stachrowski & Applicants: Katherine Stachrowski & Michael Venditti, PIN LAKPK030A1.T 1049 Eagle Point Road, for conditional use approval to expand and rebuild a nonconforming single-family structure. This property is located in the Shoreland District. Applicants Katherine Stachrowski and Michael Venditti were present and explained the request. The building is nonconforming because it sits too close to the shoreline of Lake Memphremagog. The footprint of the portion of the building that sits within the required setback will not change, but the second floor will be modified to create more usable space. The height of the building will not exceed that which is allowed in the district. There were no letters submitted or oral testimony given by abutting property owners/interested parties in regards to this application.
Judy Nommik made a motion to close the hearing on application 08-056. Seconded by Norman Gaboriault. Approved by a unanimous decision.
The applicant for application 08-057 by Owner: Paula Crowe & Applicant: AHA Inc, PIN NDRT5084F5.C 3197 VT Route 5, for conditional use approval to change the use of a portion of the building to Offices was not present to explain the request. Judy Nommik made a motion to table application 08-057 by Owner: Paula Crowe & Applicant: AHA Inc until 7:10 p.m. Monday August 11, 2008 here in the Municipal Building 124 Main Street. Seconded by Paul Prue. Approved by a unanimous decision.
Chair Joe Profera read the warning for application 07-107 by Todd & Cindy Willis dba Lake Salem Holdings LLC, PIN TRD50001J7T Hayward Road, for conditional use approval to for a campground expansion. Conditional use approval was granted on 11/19/07 with the condition that “Applicants shall submit for Zoning Board of Adjustment approval a revised site plan indicating the following amendments; 1. Designated public events and activity area and pool shelter location on the north side of the hill, 2. Specification of a five foot high berm to be planted with coniferous plants no less than five feet in height in such arrangement as to provide continuous screening of proposed trailer sites from the Hayward Road and fill the current approximately twenty foot screening gap, 3. Stormwater retention and flow design that will ensure release to the south side of Hayward Road will not exceed current conditions, 4. A stop sign and no left turn are to be specified for traffic access the Hayward Road.” The applicant is now back before the Board to satisfy this condition. Todd & Cindy Willis were present to explain the application. W. Slaiby and his agent, Mitch Wonson, participated in the hearing. Condition 1: Areas depicted as A2 - Public Events and A3 - Parking on Public Events/Parking Plans SP-2 dated 6/24/08 by David A. Lawes Engineering, Inc are to be eliminated as part of this application and relocated to areas B1 and B2 on the north side of the hill. Condition 2: After much discussion on the existing fence and proposed berm, it was decided that a site visit would be helpful.
7:30 p.m. The Board recessed the hearing to go conduct a site visit of the property and will meet back in the Municipal Building to continue the hearing after the site visit.
8:15 p.m. The Board returned from the site visit and reopened the hearing. The following were present at the site visit; Joe Profera, Judy Nommik, Paul Prue, Norman Gaboriault, Bob Kelley, Todd Willis, Cindy Willis, Mitch Wonson.
Discussion resumed on Condition 2: Mr. Slaiby’s concerns were sights and sound. In the winter he feels the view is the worst. From the site visit it was thought that a 225 ft long berm starting at the edge of the existing fence would be necessary. The proposed row of conifers was discussed and the applicant and Mr. Slaiby suggested that they try to work out an agreement between themselves and bring it back to the Board for approval. Condition 3: A letter from David A. Lawes Engineering, Inc addresses this issue. Condition 4: Plan SP-2 dated 6/24/08 by David A. Lawes Engineering, Inc addresses this issue.
Judy Nommik made a motion to table application 07-107 by Todd & Cindy Willis until 7:10 p.m. Monday August 11, 2008 here in the Municipal Building 124 Main Street. Seconded by Paul Prue. Approved by a unanimous decision.
The Board began deliberations on application 08-056 by Owners: Beverley & Gerald Stachrowski & Applicants: Katherine Stachrowski & Michael Venditti and made the following Findings of Fact:
Based on the foregoing Finding of Fact, the Zoning Board of Adjustment made the following Conclusions:
1.) The Capacity of Existing or Planned Community Facilities;
This project will not have an undue adverse impact on Existing or Planned Community facilities.
2.) 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;
This project fits in with the Character of the Area.
3.) Traffic on Roads and Highways in the vicinity;
This project will not have an undue adverse impact on the roads in the vicinity.
4.) Bylaws and Ordinances then in effect;
This project will not have an undue adverse effect on the Bylaw in effect.
5.) Utilization of Renewable Energy Resources;
This project will not have an undue adverse effect on the Utilization of Renewable Energy Resources.
6.) The general public health, safety and welfare:
This project will not have an undue adverse effect on the general public health, safety or welfare.
Judy Nommik made a motion to grant conditional use approval for application 08-056 by Owners: Beverley & Gerald Stachrowski & Applicants: Katherine Stachrowski & Michael Venditti as submitted. Seconded by Paul Prue. Approved by a unanimous decision.
8:45 p.m.: Judy Nommik made a motion to adjourn. Seconded by Norman Gaboriault. Approved by a unanimous decision.
The minutes were taken by Bob Kelley and filed for record on 7/30/08.
Derby Zoning Board of Adjustment * Minutes * July 7, 2008
Members Present: Paul Prue, Norman Gaboriault, Charles Capaldi.
Members Absent: Joe Profera, Judy Nommik.
Others Present: Terry Curtis, Cecile Curtis, ZA Bob Kelley.
7:10 p.m.: Acting Chair Paul Prue called the hearing to order and read the warning for application 08-042 by Deborah Lewis for conditional use approval to enlarge a nonconforming structure by adding an 8 ft by 21 ft deck. The existing building is 15 ft from the side lot line and the proposed deck will not get any closer. This property is located at 671 4-H Road and is in the Shoreland District. Terry & Cecile Curtis, the owner’s contractor, were present to explain the application. There were no letters submitted by abutting property owners in regards to this application. The deck is proposed to be on the front of the house and meets the front yard setback. There is a hedge along the property line causing the nonconformity. Many lots in this area are small with nonconforming structures.
Norman Gaboriault made a motion to close the hearing on application 08-042. Seconded by Charles Capaldi. Approved by a unanimous decision.
The Board made the following Findings of Fact:
Based on the foregoing Finding of Fact, the Zoning Board of Adjustment made the following Conclusions:
1.) The Capacity of Existing or Planned Community Facilities;
This project will not have an undue adverse impact on Existing or Planned Community facilities.
2.) 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;
This project fits in with the Character of the Area.
3.) Traffic on Roads and Highways in the vicinity;
This project will not have an undue adverse impact on the roads in the vicinity.
4.) Bylaws and Ordinances then in effect;
This project will not have an undue adverse effect on the Bylaw in effect.
5.) Utilization of Renewable Energy Resources;
This project will not have an undue adverse effect on the Utilization of Renewable Energy Resources.
6.) The general public health, safety and welfare:
This project will not have an undue adverse effect on the general public health, safety or welfare.
Norman Gaboriault made a motion to grant conditional use approval for application 08-042 by Deborah Lewis as submitted. Seconded by Charles Capaldi. Approved by a unanimous decision.
7:35 p.m.: Charles Capaldi made a motion to adjourn. Seconded by Norman Gaboriault. Approved by a unanimous decision.
Minutes were taken by Bob Kelley.