Zoning Board of Adjustment January 11, 2012 Meeting Minutes I. Roll Call Board members present at the meeting were Ted Goddard, David Gulbrandsen, Barbara Ingalls, Lynn Esty, Debbie Graham, and alternate Michael Cohen. Land Use Administrator deForest Bearse was also present.
The audience members were Timothy and Kaitlyn Knapp, Donna Cauti, Linda Burns, and Michael Muller.
David Gulbrandsen called the meeting to order at 7:00PM.
II. Additions & Corrections There were none.
III. Approval of Minutes: December 7, 2011
Ted Goddard made a motion to move approval of the minutes to the end of the agenda. Barbara Ingalls seconded it. All were unanimous. Ted Goddard made a motion to approve the minutes of December 7, 2011 with a correction. Barbara Ingalls seconded it. All were unanimous.
IV. Public Hearings (1) App. # 11.3011 by Donna Cauti and Dino Zampini to establish "Scepter Services" at 7505 Route 131 David Gulbrandsen opened the hearing at 7:02 PM. There has been no exparte communication among the Board members. Also, there is no conflict of interest. Donna Cauti, Timothy Knapp, Kaitlyn Knapp, Linda Burns, Michael Muller, and deForest Bearse affirmed. Donna Cauti, Timothy Knapp, Kaitlyn Knapp, Linda Burns, and Michael Muller are interested parties. deForest Bearse stated that this property has 3.06 acres and is in the highway commercial zone. She was unable to fit it into any category under 4.3.2. The first task for the Board is to try and find a category for this application to fit. If the Board does find a category, then the applicants need a conditional use permit. There was a previous permit on this property in 1996. It was issued to Thunder Road Trucking for an office with up to 10 employees and an apartment. It has an approved site plan for trucking, but will need an updated site plan. David Gulbrandsen stated that if this does not fit in any of the categories listed, the Board might need to do a deliberative session. Exhibit 1 is the application. Exhibit 2 is the applicant's description of usage. Donna Cauti stated that she met with deForest Bearse and reviewed the application with her and went over the site plan. Donna Cauti made some changes to the site plan. She stated that they are contractors. They take care of abandoned buildings. The bank will contact them in regards to what needs to be done at the abandoned property. They can do anything from mowing lawns to building repairs. They have plywood, pipes, cement, beams, dumpsters, trucks, generators, vans, and roll offs currently at their property. She would like to have tractor trailers in the back of the house to store supplies so that she can neaten up the area and make it more appealing. Exhibit 3 is the site plan dated 1-11-12. Donna Cauti stated that when they bought the property they thought that they could sell vehicles. The vehicles that are for sale on the property come from the abandoned properties that they have cleaned up. They usually have three to four cars for sale at a time. Sometimes they have put equipment (small escavators, skid steers) out there for sale too. They bought it as a business. There is a tenant in the apartment now. They purchased the property in 2007. deForest Bearse stated that the 1996 permit for Thunder Road Trucking carries over. The previous owner did apply for a permit to sell cars, but never followed through with the process. Linda Burns wanted to know what the Board considers vehicles. There have been campers and trailers out there for sale too. The Board stated that it is anything with four wheels. David Gulbrandsen stated that Exhibit 4 is three pages of photos submitted 10-4-11 by deForest Bearse. Donna Cauti stated that there is a garage/storage area on the 1st floor, an office on the 2nd floor, and on the 3rd floor is the apartment. The Board went into deliberative session at 7:33 PM and came out at 7:44 PM. David Gulbrandsen stated that after the testimony was given, the Board concluded that it is a contractor storage. It is a conditional use permit. It is permitted in the highway commercial district. David Gulbrandsen went over the conditional use permit form. Exhibit 5 is the Community Facility Project Review and Sign Off. deForest Bearse stated that she contacted the Regional Planning Commission in regards to traffic count on Route 131. The traffic count west of Downers on Route 131, 2/10 of a mile east of Tarbell Hill Road in Cavendish for 2002 was 2000 cars per day. deForest Bearse also stated that there is soil of statewide significance on this property. Exhibit 6 is a web soil survey from the USDA. According to Section 6.10.7, the property owners can use 10% of the property for development which is approximately 13,329.36 square feet. The building is 1300 square feet. Donna Cauti went over the site plan dated 1-11-12 with the Board and the audience members. She showed everyone where the gravel parking area, tractor trailers, and car sales are all going to be located. Michael Muller wanted to know if the sale of cars will be in the front. Donna Cauti stated that if the Board approves the sale of cars, they are going to build a retaining wall and have a raised area in the front for it. She showed everyone where that will be located and what it would look like. Donna Cauti stated that there are some pins missing on the back of the property. She needs to contact the surveyor, Ralph Farnsworth, and ask him to help locate the pins. Timothy Knapp stated that they bought their property two years ago. He knows where the top pin is located. They are not concerned with the front corners, but are concerned with the back corners. Exhibit 7 is the Farnsworth survey 92-1046 revised 7-5-96. Barbara Ingalls wanted to know how many feet will it be from Donna Cauti's property to the Knapp's property. Donna Cauti stated that it is going to be close to 25 feet. Timothy Knapp stated that there is a wood buffer from their house and lawn up to the other property. Michael Muller asked the Board why they would consider a site visit. Would it be to see the boundaries or to see the site? David Gulbrandsen stated that the applicant has to comply with the site plan. It could change our opinion if the Board was to see the site. There will be setback requirements. Linda Burns stated that she has no problems with the business, but with the noise in the early morning. There have been dumpsters dropped, trucks being loaded, etc. She also does want it to look nice. Donna Cauti stated that employees start arriving around 7:00 AM and work till 6 or 8 PM. Donna Cauti stated that she has an overzealous employee that came in around 5:30 AM. She has asked him not to come in till 7. It is the loudest in the morning with trucks and dumpsters being moved around. They are there 6 days a week, sometimes she does go in on Sundays. Linda Burns asked if there are any special hours on Saturday or Sunday. Donna Cauti said that there are no special hours. She is just trying to finish things up from the week. Donna Cauti stated that she will contact Ralph Farnsworth in regards to location of the pins. Lynn Esty made a motion to continue the hearing on January 25, 2012. Debbie Graham seconded it. All were unanimous to continue the hearing.
V. Public Comment There was none.
VI. Other Business There was none.
VII. Adjournment Ted Goddard made a motion to adjourn the meeting at 8:54PM. Barbara Ingalls seconded it. All were unanimous to adjourn.
Respectfully submitted,
Diana Day
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