Zoning Board of Adjustment

September 26, 2007

Meeting Minutes

I.  Roll Call:

Board members present at the meeting were Chairman Graham Hunter, Ted Goddard, Wes Hazeltine, and David Gulbrandsen.  Land Use Administrator deForest Bearse was also present.

In the audience were Jeff and Lynda Spurr, Amy Messina, Kim Currier, Steve Smith, Richard and Sheryl Smith. 

II. Additions & Corrections:

            The Board added Jeff Spurr to the Agenda.

III. Approval of Minutes:

            David Gulbrandsen made a motion to move to approval of minutes to the end of the meeting.  Ted Goddard seconded it.  All were unanimous.

IV.  Public Hearings:

• #08.1607A by Jeff Spurr for construction of two self storage unit buildings at 4125 Route 106

Chairman Hunter opened the hearing at 7:05.  This is a continuation from the September 12, 2007 meeting.  Jeff Spurr presented the Board with a copy of an e-mail from Joe Ruzzo, a D2 Technician with the Agency of Transportation.   The State has a 25 foot Right of Way in front of the property.  The 50 foot offset begins at 25 feet from center of Route 106.  Jeff Spurr put posts on the stone wall representing the setback.  The Board wanted to know what the grade will be at the back of the property.  Jeff Spurr stated that the flat area by the house will be lowered about 3 feet and he will bring the back bank up.  The bank will need to be built up for one building and the other one building will need to cut into the bank.  He stated that he got the dimensions for his property from his deed.  The Board asked if the drop level will be carried down to the road.  Jeff Spurr stated that he is going to take this down to the road.  He stated that he is going to dig into the bank and there will be a 30 foot distance between the bank and the building.  Wes Hazeltine made a motion to close the hearing at 7:15.  Dave Gulbrandsen seconded it.  All were unanimous to close the hearing.

• #08.3007 by Richard & Sheryl Smith appealing the decision of the Land Use Administrator to deny zoning permit application #08.1707A

Chairman Hunter opened the hearing at 7:20.  Richard Smith would like to build a 30 by 28 by 12 garage in a RR1 zoning district.  deForest Bearse stated that Richard Smith filed an application for this garage.  According to the soils map and the web soil survey, this property is located on prime agricultural soil.  Therefore, the application was denied.  There is an existing house and barn on this property.  The proposed garage will be 300 feet from the road, 60 feet from the house, and 200 feet from the property line.  The lot has 15 acres.  Richard Smith stated that he had a portable standing building in the past for his cars, but would like a permanent structure.  It is 270 feet from the house to the horse barn, 300 feet to the riding area, and the road frontage is 500 feet.  It was all forest when he purchased the property.  Ted Goddard made a motion to close the hearing.  Dave Gulbrandsen seconded it.  All were unanimous to close this hearing at 7:30.

• #08.307A by Steven Smith for a conditional use permit to add an apartment above the existing garage at 6078 Route 5

Chairman Hunter opened the hearing at 7:40.  Steven Smith would like to build a 60 feet by 50 feet apartment upstairs of an existing building.  He has applied for a septic permit with Dufranse and Associates. The building currently contains a garage and a small machine shop.  There is only one way up and that is on the back side.  The fire division has been in the proposed apartment to select the location of the smoke detectors.  There will be a door from his daughter’s room to go downstairs.  The parking will be out back.  Chairman Hunter went over the criteria for the conditional use.  David Gulbrandsen made a motion to close the hearing.  Wes Hazeltine seconded it.  All were unanimous to close the hearing at 7:50.

D. #09.0507 by Kim Currier for a family child care facility at 7303 Route 131

deForest Bearse stated that Kim Currier would like to have a family child care facility in an existing building in a highway commercial zone.  There was no concern from the police chief.  This building has had other permits issued for it.  The site plan is a revision of a 1998 site plan.  Kim Currier stated that according to the square footage, the State would allow her to have 31 children (5 toddlers, 4 infants, 10 preschoolers, and 12 school age children).  There will be 4-5 employees and the hours will be Monday through Friday, 6am to 6 pm.  The hours of the employee will be staggered.  Ed Floyd is working on the septic permits.  The leachfield is located across Route 131 at the old site.  She will be taking out the pavement and adding shur pac.  The entrance needs to be 24 feet wide and she is working with AOT for an access permit.  There is 185 feet road frontage on Route 131.  This is an 8 acre parcel.  There are two outside lights and she was told by the State that she needs to put another outside light on the back of the house for safety issues.  The second floor will be for preschool and school age children.  She needs to put sprinklers in the building with two water storage tanks.  She needs to put up exterior stairs to the second floor.  She already has a licensed day care in Cavendish.  There was no concern from the fire chief.  Kim stated that the fire alarm will be wired to the station.  She will bring the trash to her house.  On September 21, 2007, Kim Currier received an e-mail from Mic Metz and he does not have a concern with her plans.  Chairman Hunter went over the five criteria for a conditional use permit.  The Board is concerned with the traffic in that area and that the flashing signal is ignored.  They are concerned with the loading and unloading of vehicles.  Kim Currier stated that adults will meet the children getting on and off the bus and parents will bring their child into the facility.  Ted Goddard made a motion to close this hearing at 8:55.  Wes seconded it.  All were unanimous to close this hearing.    

V. Site Plan Review

            A. #09.0507 by Kim Currier for a family child care facility at 7303 Route 131

                   Chairman Hunter went over the checklist.  AOT is dealing with the traffic access and the parking lot will be 54 feet long.  Currently, there is a white picket fence along the front on Route 131 and side on Route 106, Kim Currier will be taking this down.  There will be a fence to keep the children in the play area.  She is taking down trees on the septic near Route 106. 

VI. Public Comment

            There was none.

VII. Other Business          

            There was none.

VIII. Adjournment:

Wes Hazeltine made a motion to adjourn the meeting at 9:10.  David Gulbrandsen seconded it.  All were unanimous to adjourn the meeting.

Respectfully submitted,

Diana Day