Zoning Board of Adjustment 07-08-09

Zoning Board of Adjustment July 8, 2009 Meeting Minutes I.  Roll Call: Board members present at the meeting were Acting Chairman David Gulbrandsen, Westley Hazeltine, and Ted Goddard.  Land Use Administrator deForest Bearse was also present. In the audience was Aaron Fitzherbert. Acting Chairman David Gulbrandsen opened the meeting at 7:02. II. Additions & Corrections: There were none. III. Approval of Minutes: June 24, 2009 Ted Goddard made a motion to move approval of the minutes to the bottom of the agenda.  Westley Hazeltine seconded it.  All were unanimous to move approval of the minutes to the bottom of the agenda. Ted Goddard made a motion to approve the minutes as corrected.  Westley Hazeltine seconded it.  All were unanimous to approve the minutes. 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 (re-opened following closure on June 10, 2009) Acting Chairman David Gulbrandsen opened the hearing at 7:20.  At that time the applicants were not present. deForest Bearse stated that she sent a packet with the layout of the road which the Ancient Road Committee decided that Grout Road is a four rod road.  Exhibit 3 will be a description of the Grout Road from the land use administrator which shows the Cavendish line to George Potwin.  The State Statue width of any town highway is 50 feet unless proved otherwise.  Westley Hazeltine stated that Larry Melon stated that there will be no variances given in the town right of way.  Exhibit 4 will be the letter from the applicants dated July 2, 2009.  Ted Goddard mentioned that in the letter there was no proof cited.  deForest Bearse stated that there was ambiguity about this road which is why it was reopened.  She did not get a chance to talk with Larry Melen before the hearing was closed.  The Board can issue a variance, but the Town will not let it happen.  She was doing it for the benefit of the applicants.  Larry Melen is saying this, not the Selectboard. It was not until the Ancient Road Committee came into effect that this was found out.  Ted Goddard stated that the Selectboard could change the size of the road.  Westley Hazeltine said that the Board could give a variance to them.  He mentioned that to get a variance the applicants need to prove that there is no other way to do this. deForest Bearse stated that Larry Melen says that the Selectboard can not allow people to build in a right of way.  Westley Hazeltine made a motion to close the hearing at 7:33.  Ted Goddard seconded it.  All were unanimous to close this hearing. B.  Application #05.2709 by Aaron Fitzherbert for amendments to conditional use permit #05.3002Z (cont. from June 24, 2009) Acting Chairman David Gulbrandsen moved this hearing first since the other applicants were not present.  He opened the hearing at 7:05.  The Board had no exparte communication.  deForest Bearse mentioned that according to the minutes the Board wanted to know the exact height and size of the existing and proposed building and information about the corner that might be loped off.  Aaron Fitzherbert presented the Board with new documents.  Exhibit 3 will be the drawing of the new proposed height of the existing building (29 feet by 58 feet).  Exhibit 4 will be the isometric dimension (32 by 24 by 15 feet) of the proposed garage.  The back peak of the building will be 23 feet.  Exhibit 5 will be the amendment to the site plan to show the back corner.  He mentioned that there should be a correction in the minutes to the size of the proposed deck.  It will be 8 by 16 feet, not 8 by 6 feet.  Ted Goddard asked Aaron Fitzherbert if he wanted the Board to consider not chopping off the corner.  Aaron Fitzherbert asked if he had to chop it off.  deForest Bearse said he would need to because he had not requested a variance.  Ted Goddard made a motion to close the hearing at 7:17.  Westley Hazeltine seconded it.  All were unanimous to close the hearing. V.    Site Plan Review - none VI.  Deliberations: VII.  Public Comment:    There were none. VIII. Other Business: There were none. IX.  Adjournment: Ted Goddard made a motion to adjourn the meeting at 7:45.  Westley Hazeltine seconded it.  All were unanimous to adjourn. Respectfully submitted, Diana Day