ZONING BOARD OF ADJUSTMENT
January 2, 2007
2/6/07 jrl______
AGENDA: CONT. VARIANCE FOR EQUITABLE WAIVER: J.P.G. BUILDERS LLC, 30 Timberlane, #116-034
SPECIAL EXCEPTION: SONDRA J. KEENE, 94 Mandi Lane,
#205-011
ATTENDING: Jay Meegan (Chairman), Mike Willingham, Dan Bouchard, Donna Hardy, Sandra Heaney
Alternates: Lloyd Belbin
ABSENT: Alternates: Susan Colby (excused), Linda Lee, Lorraine Oranato-Sullivan
OTHER: Bob McCormick, Code Enforcement Officer
The meeting began at 7:00 p.m.
MINUTES OF DECEMBER 5, 2006:
M. Willingham made a motion, second by D. Bouchard, to accept the minutes as read. The motion carried.
At this time, Mr. Meegan explained hearing procedures.
EQUITABLE WAIVER: J.P.G. BUILDERS LLC
Mr. Willingham asked to step down as his company was involved in this property. Mr. Belbin was asked to step in for him.
Ms. Laferriere read the application, referral, list of abutters notified and where the hearing was advertised.
The applicant explained that the Code Enforcement Officer measured this and found it to be 24’ from the edge of the street. When the bank did their survey (after the building was in), they found that it was only 17 ˝’ from the lot line in front (20’ is needed). Mr. McCormick presented a photo showing the pin that he measured from. The one that the bank found was covered with leaves.
Mr. Belbin asked if the fence is theirs or the neighbors and was told that it belongs to the neighbors. This fence is closer to the road than the pin that the bank found, it was noted.
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J.P.G. BUILDERS LLC continued:
Mr. McCormick stated that it is possible that the pin he used had been moved during excavation; he did not know for sure. He also stated that he always measures when the lot lines are this close.
Mr. Meegan asked for public comment and there was none. He then gave a summary of the case stating that the town official measured and the applicant placed the house in good faith. Mr. McCormick stated that he found a boundary marker and measured from it. Mr. Meegan stated that Mr. McCormick also acted in good faith.
At this time, the hearing was closed to the public. Mr. Belbin expressed that this is a cut and dried case and all agreed.
The Board voted UNANIMOUSLY TO APPROVE THE EQUITABLE WAIVER FOR J. P. G. BUILDERS, LLC.
Mr. Meegan explained that there is a 30-day appeal process.
SPECIAL EXCEPTION: SONDRA J. KEENE
Ms. Heaney stepped down due to conflict of interest and Mr. Belbin replaced her at this time. Mr. Willingham came back to the table.
Mr. Meegan explained that there is a co-owner to this property who has not been notified. Richard Duvarney (the co-owner) was present so the case continued.
Mr. Meegan stated that there is only a State Septic permit for 2 bedrooms and the plan shows that there are 4 bedrooms. Ms. Keene stated that she will go ahead with a permit when she gets this done. She added that she purchased the property 10 years ago and there were 4 bedrooms at that time. Mr. McCormick explained that when anyone is expanding bedrooms, they need to get an approved plan from the State but do not have to put it in unless the current septic fails.
Ms. Keene continued by saying that this is a 4-bedroom home and the children are now grown and going to college. She would like to have a Bed & Breakfast and to get more involved with the Chamber of Commerce and the Historic District Commission. Her Bed & Breakfast would be a different type than the other two that are in town. There will be no change in structure and she intends to advertise on the internet. Mr. McCormick asked about signs and Ms. Keene does not intend on having any.
Mr. Meegan asked what the parking requirement is. Ms. Keene stated that she is showing 4 10’ x 20’ spaces plus 5 additional spaces. Mr. Meegan asked the square footage and was told that it is a little less than 4,000 sq. ft. Mr. Willingham stated that it is 3,637 sq. ft. Mr. Meegan stated that they will still have to go to the Planning Board for Site Plan Review and they will handle parking.
Mr. Willingham asked if she intends on going forward with a State Septic plan and Ms. Keene stated that she will.
M. Willingham made a MOTION, second by D. Bouchard, to ACCEPT THE APPLICATION AS COMPLETE.
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KEENE SPECIAL EXCEPTION continued:
The criteria for a Special Exception was then addressed:
1. The proposed use (s) shall be only those allowed in this Ordinance by Special Exception – Listed under Rural District on page 5.
2. The specific site is an appropriate location and of adequate size for the use – Ms. Keene stated that there is 5.1 acres and she already has the 4 bedrooms.
3. The use, as developed, will not adversely affect the character of the area in which the proposed use will be located – Ms. Keene said that the use is for a Bed & Breakfast with a home atmosphere. There will be no neon signs and there will be no more people than what are there now. She was asked about screenage and answered that there are hundreds of feet of woods.
4. There will be no nuisance or serious hazard to vehicles or pedestrians – Ms. Keene felt that there will only be two more cars than what are there now and the only pedestrian traffic would be if they went out sightseeing. There will probably not be any more traffic than her kids, if as much.
5. The use will not place excessive or undue burden on Town services and facilities – Ms. Keene stated that they maintain their own road.
6. There would be no significant effect resulting from such use upon the public health, safety, and general welfare of the neighborhood in which the use would be located – Ms. Keene stated that nothing will be done to the home any different than what they have now. She feels that there will be no increase of traffic. Guests will be registered by phone or the internet only. There will be no signage on the main road and they are far off from Route 3A.
Mr. Meegan asked if they intend on expanding and was told that they do not; they are to stay as they are now. Ms. Keene’s goal is to be an Inn-sitter.
Mr. Belbin asked who owns lot #12 and Ms. Keene answered that she does along with the 3rd lot. Mr. Duvarney stated that he is the closest neighbor and he is on the 3rd lot.
Norma Barney, abutter/15 Brange Rd., asked if there will be any changes to the road. She questioned if there is extra traffic, who will pay. She owns the right-of-way (Brange Road) and stated that they plow to their own driveway and then Ms. Keene and Mr. Duvarney handle beyond that point.
Mr. Willingham asked how wide the right-of-way is. Mr. Belbin stated that the deed says 50’. Ms. Barney stated that it is about 10’ and added that the Geldermanns also use it and help to maintain it. She questioned signage and stated that she does not want to become an information booth.
Mr. Belbin asked if there is any grass in the rotary and was told no. Mr. Willingham stated that Ms. Barney needs to be specific with her concerns. Ms. Barney felt that she did not get a lot of information on the notice before coming to the hearing.
Mr. Meegan stated that Ms. Keene does not see a change to the right-of-way except for use. He personally would have trouble with not putting a sign out but they cannot authorize a sign on the right-of-way. Ms. Keene can put one on her own property.
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KEENE SPECIAL EXCEPTION continued:
Ms. Barney stated that she would prefer not to have this commercial enterprise due to the traffic and having to inform strangers as to where to go. Mr. Belbin asked her if she would be okay if Ms. Keene allowed Ms. Barney to determine what the sign would look like.
Ms. Heaney mentioned that there may be liabilities if a commercial endeavor goes through a right-of-way. Mr. Willingham felt that this would be addressed in the Site Plan. He asked Ms. Barney if she is in opposition. Ms. Barney stated that the project concerns her. You don’t know who you are going to get for patrons. She mentioned that there is to be another hearing Jan. 10th for a 10 lot subdivision further up the road. Hemlock Brook Road is already a dangerous road, she added.
Mr. Belbin felt that they should look at the deeds to see about liability of the right-of-way. Mr. Willingham feels that this is a Site Plan issue, not the Zoning Board’s. Mr. Meegan felt that the Board should get the information now. Mr. Willingham again stated that it is not for the Zoning Board to determine. Mr. Meegan felt that the issue is about vehicular traffic going to and fro. Ms. Keene said that she spoke about this over the summer. She maintains the road and put gravel down. She asked Ms. Barney how many people knock on her door now. She added that she wants to keep this private; wants people to call her for verbal communications.
Mr. Meegan asked if there is a financial agreement for the right-of-way. Ms. Keene answered that there is not but she is willing to do so.
With no other comments, Mr. Meegan summed up by saying that Ms. Keene wishes a 4-bedroom Bed & Breakfast in what is now a 4-bedroom home. The traffic and usage will not significantly change; there would be no serious hazard to town facilities or the general neighborhood. The abutter feels there will be more traffic as it will now be commercial which would adversely affect her. Ms. Barney added that she is concerned about the liability. Mr. Meegan thought that this is something that she and Ms. Keene have to work out.
With no further comments, the public portion was closed.
Mr. Bouchard felt that 1, 2, 5 and 6 have been met but we need to discuss 3 and 4 in depth. Mr. Meegan agreed. He sees that it adversely changes the neighborhood and the sharing of the right-of-way raises concerns. We could limit it to 4-bedrooms. Mr. Bouchard is struggling with how this adversely affects the situation. Mr. Meegan agreed. He added that it has low impact but it does weigh in.
Mr. Willingham felt that they have plenty of land to accommodate the project and there is plenty of buffer. Mr. Meegan pointed out that there is a long driveway. Mr. Willingham felt that the concern is the abutter’s problem with the access. Mr. Belbin stated that he was 100% for this except for the right-of-way being owned by the abutter. He would like to know what the deed says. A discussion followed as to the use of a right-of-way. Mr. Willingham stated that getting to and from affects the abutter, but this is between the two parties.
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KEENE SPECIAL EXCEPTION continued:
Mr. Meegan did not see it as adversely affecting the neighborhood. He felt that, if it had its’ own access there would not be an issue. However, the right-of-way is owned by the abutter and this is a change to commercial use. Mr. Willingham felt that the right-of-way was given to have access. Mr. Meegan agreed but added that it is now changing from residential to commercial.
Mr. Bouchard stated that the applicant is doing this with class. He felt that it may not adversely affect anything today but if sold at some point, we don’t know who could come in. Mr. Meegan questioned if we grant this, do we add the condition to keep it to 4-bedrooms. He questioned that this may be putting too harsh a condition on a business.
Mr. Belbin asked about the first question and Mr. Meegan explained that it is allowed by Special Exception in the Rural District. He feels that this comes down to just #3. Does it adversely affect the neighborhood. Mr. Bouchard asked if we would be as much on the fence if the abutter approved or did not care. Mr. Meegan stated that this is why we have the abutters come to a hearing.
Mr. Meegan suggested that the Board could have the condition that it remain 4-bedrooms and that an adequate maintenance plan be made on the right-of-way. He added that they still have to go to Site Plan. Signs are limited in size and comes under the Planning Board, as well. A discussion followed.
Mr. Meegan stated that the reason for Special Exceptions is that some plans fit while others do not (such as having a 50-room plan). Mr. Willingham was not against the plan but does have some concerns.
The Board then discussed possible conditions: not to exceed 4 bedrooms, no sign in view of the abutter’s property. Mr. Bouchard felt that this should be just the type of sign. Mr. Meegan said it should be of adequate size and nature of the neighborhood (and the Planning Board will determine this). A suitable maintenance and liability plan should be worked out and an approved septic plan that is adequate for a 4-bedroom Bed & Breakfast be done (again to be determined by the Planning Board).
M. Willingham made a MOTION, second by D. Bouchard, to APPROVE THE SPECIAL EXCEPTION FOR SONDRA J. KEENE WITH THE FOLLOWING CONDITIONS: NOT TO EXCEED 4 BEDROOMS, A SIGN OF ADEQUATE SIZE & NATURE APPROPRIATE TO THE NEIGHBORHOOD, A SUITABLE MAINTENANCE AND LIABILITY AGREEMENT BETWEEN THE APPLICANT AND THE OWNER OF THE RIGHT-OF-WAY, AND A SEPTIC SYSTEM PLAN APPROVED FOR A 4-BEDROOM BED AND BREAKFAST. The motion CARRIED, 4 ayes, 1 nay.
Mr. Meegan explained the 30-day appeal process. He then added that they need to work out a maintenance/liability plan and go to the Planning Board, who will have a say over the sign). They will also need to get the approved Septic plan with Planning and the State and keep the Bed & Breakfast to 4-bedrooms (Mr. Meegan will sign the approval on Friday). He suggested that Ms. Keene might want to see the Planning Board for an informational (PCC).
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COMMUNICATIONS:
Mr. Meegan read the two notices of intent for Planning and the Historic District Commission.
UNFINISHED BUSINESS:
Mr. Meegan spoke of the criteria for a Variance that has been sent to the Planning Board for implementation to the Zoning Ordinance. Town Attorney, Bernie Waugh, has stated that this or a referral to the State Law may be used. Mr. Meegan is leaning towards the vague format so that it does not have to be updated as often. The hearing on this is to be January 24, 2007.
Mr. Meegan reminded everyone that there is the State laws update with Bernie Waugh on January 11th.
NEW BUSINESS:
Mr. Willingham thanked Ms. Heaney and the Board for their handling of the mica building case. The Board then discussed various issues such as parking and bridges.
With no other business, M. Willingham made a motion, second by D. Hardy, to adjoin at 8:45 pm.
Respectfully submitted,
Jan Laferriere, secretary