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

In the audience were Michael Todd, William Ellis, Steve Aikenhead, and Lara Todd.

Chairman Hunter opened the meeting at 7:00.

II. Additions & Corrections:
There were none.

III. Approval of Minutes: July 8, 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.

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

IV. Public Hearings:
A. Application #06.2509A by Donald S. Aikenhead for construction within 300 feet of a mapped deer wintering area at 178 Pikes Peak Road
Chairman Hunter opened the hearing by reading the Notice of Public Hearing at 7:05. Chairman Hunter knows Donald Aikenhead, but there has been no exparte communication about this matter. Donald Aikenhead and deForest Bearse affirmed.
deForest Bearse stated that Donald Aikenhead would like to build a cabin (18 feet by 12 feet by 12 feet) on his 35 acres. She looked at the Natural Resources maps and both maps show that the cabin will be within 300 feet of mapped deer wintering areas. She contacted the Conservation Commission to confirm the location of deer wintering areas. The Conservation Commission visited the property and sent a letter dated June 26, 2009. The proposed structure would be 50 feet from the mapped deer wintering areas. None of the buildings are 300 feet from the deer wintering areas. The deer wintering protection did not take effect until 1994. The house was built in 1980.
Donald Aikenhead said that the corner of the guest house will be about 8 feet from the existing house. It is approximately 50 feet from the abutter's property. He will remove only one apple tree. There are other apple trees in the cleared area and in the forest. He will not be clearing any more of his property. The cabin will have bunk beds, a compost toilet, no kitchen, and no road will be built.
Ted Goddard made a motion to close the hearing at 7:22. David Gulbrandsen seconded it. All were unanimous to close this hearing.

B. Application #07.2309 by Mike Todd to enlarge an existing Home Industry at 720 Route 106
Chairman Hunter opened the hearing at 7:23 by reading the Notice of Public Hearing. deForest Bearse, Michael Todd, and William Ellis affirmed. Graham Hunter mentioned that before the meeting he said hello to Michael Todd and discussed the Planning Commission with Michael Todd. He did not discuss this case with him.
deForest Bearse stated that Michael Todd's proposal is to add a 40 feet by 40 feet addition to the existing 20 feet by 40 feet garage used as a motorcycle repair shop.
Michael Todd went over the map of his property with the Board. He will be cutting 6 pine trees that lean by the back corner. He will not be cutting any trees in the forested area between his property and the property line. He is just moving dirt from one side to the other side for a flat lawn.
Graham Hunter said that the previous application discussed adding employees and wanted to know if he would be adding any employees. Michael Todd said he has no intention of adding employees right now, but if the need arises, it would be a seasonal position. He gave the Board a letter with proposed changes to the findings of facts. In his previous Act 250, they told him that if he added employees, he would need to have a bathroom which he does not want to do.
Michael Todd said that the new building will be taller than the garage with a 6/12 pitch. It will be consistent with the current building. The Act 250 permit might require him to have more doors, and power will be off the house. There will be a total of 2400 square feet with the proposed structure. There is a storage tent that will be disassembled. He is not sure if he will put it back up. If he does, he will let deForest Bearse know where it goes. It is not part of his business. It contains a snow blower, log splitter, etc. He will add a flood light along the garage.
Dr. Ellis said that the proposed 40 feet by 40 feet building is the same size that was turned down previously. It is taking home industry and making it a commercial enterprise. He would like the decision of June 22, 2009 by the Zoning Board entered as an exhibit. It is no longer a home industry when it is bigger than the home and no longer an accessory building. All that has been done is that it is moved closer to the house. The previous request was 40 feet by 60 feet. Michael Todd's entire structure is visible from his property. He can hear it on a regular basis during normal business hours. He can tell when he is moving the bikes out of the building around 8 or 9 am. Dr. Ellis said that under the finding of facts the definition of home industry is not clearly laid out.
Graham Hunter stated that the Bylaws have provisions for home industry and allows accessory buildings which can be 400 square feet per acre up to 4000 square feet. The Board has Bylaws to enforce and interpret. This is an independent application.
Michael Todd has no objection to the decision being an exhibit. He is trying to resolve this by moving it up to the house. He read page 53 in the Town Plan. He will be moving his business into the proposed 40 feet by 40 feet building. The customer area will be the 16 feet addition. The front of the garage will be for personal use. He will not be doing any clearing for this building except for the 6 pine trees previously mentioned.
Ted Goddard made a motion to close this hearing at 7:58. David Gulbrandsen 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:
(A) Newspaper of choice
Ted Goddard recommended the change in the proposed language to the Rules of Procedure. David Gulbrandsen seconded it. All were unanimous to the proposed language change. (In order to change the Rules of Procedure, the proposed wording must be warned in advance of the hearing which the change will be voted. This motion proposed new wording that will be warned prior to the next meeting of the ZBA.)

IX. Adjournment:
Ted Goddard made a motion to adjourn the meeting at 8:05. David Gulbrandsen seconded it. All were unanimous to adjourn.

Respectfully submitted,
Diana Day