Zoning Board of Adjustment December 7, 2011 Meeting Minutes I. Roll Call Board members present at the meeting were Ted Goddard, David Gulbrandsen, Barbara Ingalls, Lynn Esty, and Debbie Graham. Land Use Administrator deForest Bearse was also present.
The audience members were Dorothy Whittemore, Anstis Benfield, Teresa Volta, Julia Schmitz, Barbara Hastings Volta, Michael Cohen, and Steven Melanson.
David Gulbrandsen called the meeting to order at 7:00PM.
II. Additions & Corrections There were none.
III. Approval of Minutes: October 26, 2011
Ted Goddard made a motion to move approval of the minutes to the end of the agenda. Barbara Ingalls seconded it. All were unanimous. Barbara Ingalls made a motion to approve the minutes of October 26, 2011 with a correction. Ted Goddard seconded it. All were unanimous.
IV. Public Hearings (1) App. #11.0911 by Barbara Hastings Volta appealing the Z.A.s denial of a permit to rebuild an historic barn on Upper Falls Road David Gulbrandsen opened the hearing at 7:02 PM. There was no exparte communication. deForest Bearse and Barbara Hastings Volta are interested parties and affirmed. Barbara Hastings Volta stated that she has a barn built in the late 1700's or early 1800's. She wants to do some restoration and preservation on it. She has applied twice for a barn grant from the Department of Historic Preservation and received it both times. After she received the grant in March 2011, she looked for proposals. After reviewing the proposals, she chose Knobb Hill. She has included their diagram and proposal with her documents. They will be repairing the stone foundation, replacing some timber, repair the roof and some boards, and replace siding as needed. Knobb Hill would like to dismantle it and restore it at another location. Then they will bring it back and put it on the same foundation. She wants the same barn, not a new barn. Then she went to deForest Bearse to ask what she needed to do. She sent deForest Bearse a copy of Knobb Hill's proposal. Barbara Hastings Volta then contacted the Department of Agriculture on August 18, 2011 in regards to a variance. They denied the variance stating that the property is used for haying, sugaring, and the barn is used intermittently. The barn is not used for agricultural purposes. She then went back to deForest Bearse. deForest Bearse stated that the barn would need to be moved 6 feet since it is in the right of way. Barbara Hastings Volta made an application to appeal. The issue is that it is being called a rebuild. She is repairing and restoring the barn, not rebuilding it. Exhibit 1 is the proposal from Knobb Hill Joinery Inc. which contains three pages. Exhibit 2 is the list of Barbara Hastings Volta questions to Knobb Hill and their responses in regards to the structure of the building. Exhibit 3 is the email from Rebecca Pfeiffer, Historic Structure Guidance, dated 12-18-11 which is two pages long. deForest Bearse stated that it is nonconforming. Exhibit 4 is the land use administrator's testimony. The barn is 59 feet and needs to be 65 feet from the center line of the road. She stated that the Board needs to determine if the barn proposal falls under 6.5. David Gulbrandsen read 6.5. David Gulbrandsen asked if the footprint would stay the same. Barbara Hastings Volta stated that it would. If there are any replacement boards, they will be placed on the back side of the barn. There will be no nails or nail guns used on this project. The barn will look the same inside and out as it does now except for some new boards. The goal is restoration of the barn. Exhibit 5 is the two photographs of the barn. There is no electricity in the barn. The Coleman survey was done to determine the elevation of the barn and the sugar house. The historic structures are exempt. Exhibit 6 is the Coleman survey dated 10-17-11. Barbara Hastings Volta received another notice from FEMA on 9-29-11 repeating that historic structures are exempt. deForest Bearse stated that any structure in a floodplain with a change that would increase the value 50% of current price needs to be elevated above the floodplain. Barbara Hastings Volta read the last statement from the denial letter from the Department of Agriculture that stated that her variance would have been for repair, restoration, and preservation of the barn. Exhibit 7 is the acknowledgement of the barn grant dated 3-31-11. Steve Melanson stated that he had looked at her barn several years ago. He does work on old barns and does assessments for the State. He gave Barbara Hastings Volta a price to fix it then. In his opinion it could be repaired on site, but it would cost more and take longer. The historic integrity can be lost if it was to be moved. Exhibit 8 is the impact on moving the barn in regards to the grant. Steve Melanson stated that there were other barns attached to this barn. This is the last piece of those barns. It is on a dried stone foundation. The site is important. To move it would destroy the foundation. It would ruin that site in his opinion. It is pretty solid, but has a lot of rot. The best way is to take it apart and repair the old beams. Some of the timber is 200 years old. Barbara Hastings Volta stated that when she was told that he had to move it back 6 feet, she spoke with the Historic Preservation and her contractor. The Historic Preservation said that barns are moved from their current location if it is going to be damaged by plow trucks. It is best for it to stay at its current location. Barbara Hastings Volta called to see if she could receive more grant money for moving it. They said that she would have to complete the work first and that there was no guarantee that she would receive any more money. She then spoke with Westley Hazeltine in regards to snow plowing. He stated that he has no plowing concerns. deForest Bearse stated that it is a 3 rod road. Upper Falls Road is a Class III road. Dorothy Whittemore does not understand the problem, if Westley Hazeltine says there is no problem. Barbara Hastings Volta stated that the road was a path when the house and barn were built. David Gulbrandsen read a letter from Ted Hastings. Exhibit 9 is the letter from Ted Hastings dated 12-1-11. He is in support of the denial for the permit. Julia Schmitz wanted to know how it could be an exhibit when the author could not be questioned. David Gulbrandsen stated that he can provide testimony as an interested party since he is an abutter. Barbara Hastings Volta stated that he is the co-owner of that property. She wanted to know if the other co-owner, her brother, had responded. deForest Bearse stated that he had not. Julia Schmitz asked if Ted Hastings could appeal the decision. deForest Bearse stated that he could since he is an interested party. Teresa Volta asked if they are denied now, could they appeal. deForest Bearse stated that they could too. Debbie Graham made a motion to close the hearing at 8:10. Lynn seconded it. All were unanimous to close the hearing.
V. Public Comment There was none.
VI. Other Business There was none.
VII. Adjournment Lynn Esty made a motion to adjourn the meeting at 8:14PM. Ted Goddard seconded it. All were unanimous to adjourn.
Respectfully submitted,
Diana Day
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