TOWN OF BRADFORD
ZONING BOARD OF ADJUSTMENT MINUTES
JANUARY 6TH, 2021
7:00 PM HELD REMOTELY VIA ZOOM PLATFORM
Members: Brooks McCandlish (Chair), Ken Parys (Vice Chair), Nathanial Bruss, Beth Downs, Denise Renk and Bill Duffy (Alternate).
Alternates: Robert Hodges (Absent).
Public Present: None
Meeting was called to order at 7:01 pm
To Do:
- Review and consideration of the December 2nd, 2020 minutes.
Motion: Beth Downs motioned to accept the minutes as written.
Second: Ken Parys
Decision: Beth Downs-Ayes, Nathanial Bruss-Ayes, Brooks McCandlish- Ayes, Ken Parys-Ayes, Denise Renk-Ayes.
New Applications: None
Unfinished Business: None
Public Hearing(s): None
New Business: Variance Appeal-Motion for Rehearing; Rick Deschenes Map 7, Lot 76.
The rules and procedures were sent out for review to revisit the process for a Variance Appeal request for a re hearing. Denise Renk was unseated at 7:06 pm due to not being present at the public hearing. Alternate Bill Duffy was seated at 7:06pm because he was present for the public hearing. The notice of decision was not sent within 5 business days thus the 30-day appeal does not stand, which allowed the appeal for re hearing to stand to move forward.
Chair Brooks McCandlish read the variance appeal into record. Chair Brooks McCandlish explained the procedures if the rehearing is granted; the process would begin by notifying the abutters of a continuation of the previous public hearing. The Zoning Board discussed the appeal and the item concept of precedence being ignored.
Chair Brooks McCandlish stated reasons to grant the variance would be that the applicant presented new evidence, or that they believe the board made a mistake or an error. The Zoning Board discussed and agreed that the request does not present any new evidence. The Zoning Board discussed if the board felt that the arguments were not specifically made clear. If granting a rehearing this would be opening up for new testimony and reconsidering the board’s decision; given the opportunity to make a new decision and to justify it. The Zoning Board discussed the proposed shared septic from the November 4th,2020 public hearing. The shared septic proposal between abutters was not included in the application. The item of the proposed house being placed and built on poor soils and close to the wetlands was discussed. The Board had discussed at the public hearing that there are other potential areas that the house could be built. Special conditions were not required for the proposed location of the proposed home. The Zoning Board revisited the setbacks and the closeness to the buffer zones of the wetlands. Beth Downs expressed that options were given to move forward with the building located on a different location of the lot. Bill Duffy stated that there are other locations on the lake that are similar in density but do not have the same shoreline as where the proposed dwelling would be constructed.
The Zoning Board felt that they had expressed this concern very clearly. Nathanial Bruss expressed the notice of decision or finding of facts should have been included in the notice of decision. This is not what the motion for re hearing was based on. Ken Parys stated that the notice of decision was sufficient and that the meeting is recorded. Ken Parys stated that Engineer Dan Higginson was present representing the client and at any time could have asked any questions for clarification and that did not happen. Ken expressed how he felt that the Zoning Board did their job sufficiently. The Zoning Board was in agreeance.
Motion: Nathanial Bruss motioned to deny the request for re hearing.
Second: Beth Downs
Decision: Bill Duffy-Aye, Ken Parys-Aye, Nathanial Bruss-Aye, Beth Downs-Aye, Brooks McCandlish-Aye.
*Denise Renk suggested possibly attaching the Zoom link to the notice of decision.
Communications and Miscellaneous– The Zoning Board discussed the upcoming candidacy. Denise Renk asked if she can step down as an alternate. Brooks McCandlish encouraged Bill Duffy to run as a member of the Zoning Board. The Zoning Board discussed appointing someone and how they are always looking for alternates as well.
Zoning Board Communications:
- The next Zoning Board of Adjustment meeting will be held on February 3rd, 2021 at 7:00 pm, remotely via the Zoom platform.
Motion: Beth Downs motioned to adjourn.
Second: Bill Duffy
Decision: Nathanial Bruss-Aye, Ken Parys-Aye, Beth Downs- Aye, Brooks McCandlish-Aye, Denise Renk-Aye, Bill Duffy-Aye.
Meeting Adjourned at 7:51pm
Draft Minutes written and submitted by Katie Olohan, Zoning Board Secretary