Zoning Board Minutes 09.07.22

Zoning Board of Adjustment Meeting called to order at 7:02 pm

Roll Call – Nathanial Bruss, William Duffy, Brooks McCandlish, and Denise Renk were in attendance. Doug Southard was present via telephone.

Public Present – None

Minutes –

Motion: William Duffy motioned to accept the minutes as written

Second: Nathanial Bruss

Decision: 5-0

Receipt of Applications: None

New Business:

Jay & Judith Tucker

443 Rowe Mountain Road

Jay and Judy would like to replace an entry porch with a covered porch. The front setback is too close to the road and the side setback is too close to the side. They are hoping they will be allowed to build a covered porch.

Brooks read the following from the paperwork submitted by the Tuckers:

Front yard setback special exception: under Article 111 general provisions, the front yard setback may be the average of the depth of existing buildings on either side of the lot in question.

With the addition of our porch, we would be approximately 17’ to the front setback.

Lot 29 to the north is approximately 12’ to the front setback.

Lot 31 to the south is approximately 16’ to the front setback.

The average distance would be approximately 14’.

Side yard setback special exception: Under Article V non-conforming building and non-conforming use.

B. Non-Conforming building

2. To enlarge or alter a pre-existing building which in non-conforming due to lack of lot size or lot shape,

The Board of Adjustment may, by special exception reduce the setback requirements if such and adjustment:

  1. Is consistent with the intent of this ordinance and
  2. Is necessary to fairly utilize the lot.

The Tuckers believe the request for a special exception is consistent with the intent of this ordinance.

  1. The lot is less than one acre and is further restricted by a small wet area running through the middle of the lot. You could not build a reasonable structure if all the setbacks were met, meaning 50’ from the road and 50’ from the wet land.
  2. This lot is so restricted that an easement needed to be provided enable the location of the septic system for the house.

A letter from an abutter, Rory Lettvin, was submitted and he is in full support of the project.

Mr. Tucker said that he came to the Town Office asking for an application and he was told to just show up to the meeting.

Mr. McCandlish said they need to fill out an application and asked when they could come in. Mr. Tucker said he could come in first thing in the morning. Mr. McCandlish said they could schedule a special meeting in the middle of September and then hold the hearing in October. Mr. McCandlish said they will need a list of abutters and go through the list for special exceptions. Mr. McCandlish said abutters are properties touching and kitty corner, including across the street.

Mr. McCandlish proposed reviewing the application on Wednesday, September 21 at 7:00 p.m. and then they can have the public hearing the first week of October.

Motion: Nathanial Bruss motioned to hold a special meeting on Wednesday, September 21.

Second: William Duffy

Decision: 5-0

Communications & Miscellaneous: Mr. Duffy said he attended the webinar about the changes to Planning and Zoning Regulations. He said it was a bit confusing and hard to follow. He said there will be some changes to procedure, making things more formal.

Mr. Bruss asked if Mr. McCandlish could speak to the Town Administrator to get her to direct people to the right area for applications.

Ms. Renk said maybe the Town Clerk could also put up a sign as to where applications can be found online as well.

Adjournment:

Motion: Nathanial Bruss motioned to adjourn the meeting at 7:28 p.m.

Second: Denise Renk

Vote: 5-0 in favor

Minutes submitted by Donna Long, Recording Secretary.