TOWN OF DERBY
ZONING BOARD OF ADJUSTMENT
Minutes
Derby
***Unapproved***
Derby Zoning Board of Adjustment * Minutes * January 9, 2012
Members Present: Richard Del Favero, Judy Nommik, Paul Prue, Norman Gaboriault, Joe Profera.
Members Absent: None.
Others Present: Nicole Johnson, Art LaPlante, Monique LaPlante, ZA Bob Kelley.
7:00 PM: Chair Joe Profera called the meeting to order. Judy Nommik made a motion to accept the minutes of the last meeting (Dec 12) as written. Seconded by Richard Del Favero. Approved by unanimous decision.
Chair Joe Profera read the warning for application 11-104 by James & Nicole Johnson, PIN #SESAL009J7T, for conditional use approval to raise the height of both their camps. These properties are located at 243 & 249 Hayward Rd and are in the Shoreland (SD) zoning district. Ms. Johnson was present to explain the request. They are raising the buildings because of flooding this past spring and the work has already been completed. There is no increase in the buildings’ footprints. Each building is on a separate deeded lot. There was no oral or written testimony from interested parties. Judy Nommik made a motion to close the hearing on application 11-104 by James & Nicole John. Seconded by Norm Gaboriault. Approved by 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 deliberations, Judy Nommik made a motion to approve application 11-104 by James & Nicole John as submitted (see attached written decision). Seconded by Norm Gaboriault. Approved by a unanimous decision.
7:16 PM: Norm Gaboriault made a motion to adjourn. Seconded by Judy Nommik. 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
January 9, 2012
OWNER: James & Nicole Johnson
MEETING DATE: 1/9/12
APPLICATION #: 12-001
This decision pertains to Conditional Use review for application #12-001 by James & Nicole Johnson, PIN #SESAL009J7T, to increase the height of 2 nonconforming camps to prevent future flooding.
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 January 9, 2012 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 #12-001 by James & Nicole Johnson as submitted.
Those in favor: Paul Prue, Judy Nommik, Norman Gaboriault, Richard Del Favero.
Those in opposition: None.
Dated in Derby, Vermont this 9th day of January 2012.
Town of Derby Zoning Board of Adjustment
Joe Profera, 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 12/14/2011 Application A-2 12/14/2011 Abutters list A-3 12/14/2011 Site plan Town Date Description T-1 12/20/2011 Certificate of Mailing T-2 12/21/2011 ZA's comments