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Zoning Board of Adjustment
May 27, 2009
Meeting Minutes

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

In the audience were James Adams and Stan Norsworthy.

Chairman Hunter opened the meeting at 7:00.

II. Additions & Corrections:
There were none.

III. Approval of Minutes: May 13, 2009
David Gulbrandsen made a motion to move approval of the minutes to the bottom of the agenda.  Ted Goddard seconded it.  All were unanimous to move approval of the minutes to the bottom of the agenda.

David Gulbrandsen made a motion to approve the minutes with the corrections.  Ted Goddard seconded it.  All were unanimous to approve the minutes with the corrections.


IV. Public Hearings:
A.  Application #04.2309 by Stan Norsworthy and James Adams requesting a variance of the C10 front setback requirement to permit construction of a garage at 354 Grout Road
Graham Hunter opened the hearing at 7:02 by reading the Notice of Public Hearing.  There was no exparte communication or conflict of interest by the Board.  The Board did a site visit.  The Board was able to see where the garage was going to be located and where the property lines might be. 
deForest Bearse, James Adams, and Stan Norsworthy affirmed.  deForest Bearse stated that it has 6.26 acres and is in the C10 zone.  The garage would be 27 feet from the center of Grout Road.  There is a 40 foot required setback for this. 
Graham Hunter stated that the board received a packet with an application, a sketch, a survey, and a copy of the Land Use Administrator’s report.  (Exhibit   1)  It was originally denied because it did not meet the required setback requirements.  Graham Hunter said that the scales of real life and the sketch were off.  The boulders shown separate the fill from the slope.  The existing terrain has extreme slopes.  He wanted to know if the boulders will come out and more fill be added. 
James Adams said that the general intent was to make as little impact as possible.  They did measure a number of points within the flat areas.  They thought it would fit there.  After tonight’s site visit, they see that it does not seem to fit.  They were not planning on adding any fill. 
Graham Hunter stated that they have power lines with wires coming back from that.  With the poles and the large trees that limits you to that angle.  Stan Norsworthy said that the size of the garage picked out is not feasible.  There is a single car garage (10 feet by 20 feet) that could be their second choice.  Their other option would be to add fill and go further back. 
David Gulbrandsen mentioned that this hearing could be continued so that they could review their site options.  Graham Hunter said that it would be beneficial if it was continued that the owners stake out the proposed structure.  Then they would know how constrained the site is and that some of the garage might be close to the road. 
Ted Goddard said that he supports the continuation.  The Town has an ancient road committee and there are very few three rod roads in Weathersfield.  The Grout Road might be a three rod road.  There are two surveys of this road.  The right of way is not 25 feet, but 33 feet from the center line.  The committee has not dug out every landowner’s deed.  Stan Norsworthy asked what does this mean for them.  Ted Goddard stated that speaking for himself, does the Town have the right to give you a variance for this right of way. 
Graham Hunter stated that according to the surveyed drawing (Ralph Michaud Engineering dated 12-12-72), there is an iron rod on the north and south ends.  The property line has been surveyed.  James Adams said that they placed a pin on the NE corner, but did not survey the boundary line.  Graham Hunter mentioned that they could put a tape on that marker. 
Ted Goddard mentioned that if the Hagan’s have their marker, then it would be a four rod road.  That would prove it.  David Gulbrandsen wanted to know what effect Ted Goddard’s testimony has.  deForest Bearse said that she has no concrete answers.  It seems highly unlikely a four rod will stand. 
Graham Hunter said that they should figure out the configurations for the garage, see where the pins are, measure from them to the road,  and deForest Bearse will check with various people about the road being a four rod road. 
Stan Norsworthy told the Board that when Mr. Hanscom subdivide the other property, he was required to do this survey.  He did not go out to the property to do this.  The Hagan’s did a subdivision recently, so they probably have a pin.
David Gulbrandsen made a motion to continue this hearing on June 10, 2009.  Ted Goddard seconded it.  All were unanimous to continue this on June 10, 2009.

V.  Deliberations:

VI.  Public Comment:   
There were none.




VII. Other Business:
A. Rules of Procedure and Ethics Policy (cont. from May 13)
The Board discussed the Rules of Procedure and Ethics Policy.  Ted Goddard made a motion in favor of readopting the Rules of Procedure and Ethics Policy.  Westley Hazeltine seconded it.  All were unanimous.

B. Development Review Board (cont. from May 13)
Graham Hunter mentioned that he would like to go to a Planning Commission meeting and see how it is done.   He would recommend that if they were going to change to a DRB that it happen after the new regulations are in place.  He would like to continue this discussion at another meeting. 

VIII. Adjournment:
Westley Hazeltine made a motion to adjourn the meeting at 8:00.  Ted Goddard seconded it.  All were unanimous to adjourn.

Respectfully submitted,
Diana Day
 

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