Zoning Board of Adjustment

July 25, 2007

Meeting Minutes

I.  Roll Call:

Board members present at the meeting were Chairman Graham Hunter, David Gulbrandsen, Ted Goddard, and Elizabeth Deliso.

In the audience were Chip Cobb, Laurie Cobb, Pat Lankone, Robert Menthe, Elaine Menthe, Evelyn Beebe, George Beebe, Maxine O’Brien, Janice Brochu, George Lamb, Alan Hudson, Allan Swanson, Kathleen McCormick, Lawrence Slason, Jeffrey Squire, Chris Kibbe, and Daisy Gosselin.

Graham Hunter opened the meeting at 7:01.

II. Additions & Corrections:

            There were none.

III. Approval of Minutes: June 6, 2007

David Gulbrandsen made a motion to approve the minutes.  Ted Goddard seconded it.  There were not any corrections.  The Board was unanimous to approve the minutes. 

IV. Public Hearings:

A. #07.0207A by Chris Kibbe appealing the denial of zoning permit #06.1207C for the construction of a single family home on Skyline Drive

Graham Hunter opened the Hearing at 7:05 and read the Hearing Notice. The Board decided that the following were interested parties: Chip and Laurie Cobb, Robert and Elaine Menthe, Evelyn and George Beebe, Janice Brochu, George Lamb, Kathleen McCormick, Jeffrey Squire, Daisy Gosselin, Chris Kibbe, and Lawrence Slason.  David Gulbrandsen made a motion the Allan Swanson be considered as an interested party.  This was not seconded.  The motion did not pass.  Elizabeth Deliso made a motion that everyone in the audience, except for Allan Swanson and Alan Hudson be considered as interested parties.  Ted Goddard seconded it.  Three members were for it and one against.  The motion passed.  Graham Hunter stated that he has done design work for George Lamb, but feels that there will be no conflict of interest.  All interested parties affirmed. 

deForest Bearse stated that on June 12, 2007 Chris Kibbe filed an application for an 1824 square feet single family home (Exhibit 1).  It is located on soil of statewide significance.  There are no Class II wetlands on this property with an average slope of 8% - 15%.  She denied this application on June 26, 2007 due to the soil.  On June 29, 2007, she received a letter from James Young stating that Chris Kibbe would appeal this decision. 

Larry Slason stated that Chris Kibbe acquired the property on April 7, 2006.  On October 18, 2002, the Town approved a subdivision for four lots.  On November 12, 2002, the final plat was approved by the Planning Commission.  Jeffrey Squire went over a Septic System Overview by Gosselin and Rogers dated May 12, 2003 in regards to this property. Larry Slason stated that after the subdivision was approved, a permit was submitted to the State for wastewater permit.  It was obtained from the State for the four lots on July 22, 2003 (WW-2-1577).   He would acknowledge that deForest Bearse was correct according to the soil map. 

They retained Jeffrey Squire to check on the soil.  Jeffrey Squire found that the lot has a 19% - 21% slope.  He stated that slopes in excess of 15% are not of soils of statewide significance.  The lot lines have not been changed on this site plan, but the proposed house site was moved on Lot 3 as shown on the Septic System Overview from Gosselin and Rogers.  Jeffrey Squire stated that if the slopes were lower, the soil would be statewide significance. 

deForest Bearse used the Natural Resource website which showed individual units and a map dated 1979.  Both of these resources show the slopes are 8% - 15%.  Jeffrey Squire used sheet 3 of 5 from the Septic System to show the Board how he figured the slope for this property.  He stated that the 1979 map is an aerial map.  deForest Bearse stated that even if the 1979 map is flawed, the current one states the slope as 8% - 15%. 

Lawrence Slason presented the Board with the following documents as exhibits.  The cover letter and subdivision plat dated October 18, 2007 was Exhibit 2.  The wastewater system dated July 22, 2003 was Exhibit 3.  Sheet 1 of 5 of the Septic System Overview created by Gosselin and Rogers dated May 2003 was Exhibit 4.  Sheet 3 of 5 of the Septic System Overview was Exhibit 5.  The excerpt from Farmland Classification System for Vermont Soils was Exhibit 6. 

George Lamb stated that the plat that was approved showed the house in a substantially different location.  The Zoning application is out of compliance with the one that was approved by the Planning Commission.  He wanted to know if the maps that deForest Bearse referred to are part of this Hearing.  Graham Hunter stated that they will be included in the Hearing as a reference. 

Robert Menthe does not understand how someone can buy property and not be able to build on it.  Pat Lankone stated that when she saw where the proposed house site was, she questioned it.  She was told she could put it where she would like.  Lawrence Slason stated that the proposed house was just for information and it was not binding. 

Kathleen McCormick asked if any permit has been issued.  Graham Hunter stated that no permits have been issued.  Elizabeth Deliso stated that the permit was denied due to the soils being statewide significance.  Evelyn Beebe stated that there is a covenant on her property stating the no one can build over a one story house in this four lot subdivision.  deForest Bearse stated that the Town does not have anything to do with covenants. 

George Lamb wanted to know if a subdivision plan is approved by the Town, is it okay to move the proposed house site.  Graham Hunter stated that the subdivision shows the boundary lines, but if a more appropriate house site is located, it could be moved. George Lamb wanted to know if an interested party can send in a letter.  Graham Hunter stated that not after the Hearing is closed.  David Gulbrandsen made a motion to close this Hearing at 8:45.  Ted Goddard seconded it.  All were unanimous to close this Hearing.   

V. Deliberations:

VI.  Public Comment:

There was no one for these.

VII. Other Business:

            There was no other business. 

VIII. Adjournment:

Ted Goddard made a motion to adjourn the meeting at 8:55.  David Gulbrandsen seconded it. All were unanimous to adjourn the meeting.

Respectfully submitted,

Diana Day