APPROVED:

DRAFT COPY:________

AGENDA: VARIANCE: CHARLES & LINDA VASSIL, 974 West Shore

Rd., #101-020

CONT. COMPLIANCE: SONDRA J. KEENE, 94 Mandi Lane,

#205-011

REQUEST FOR REHEARING: FRANK G. & SHIRLEY S.

BEDNAZ, 401 Wulamat Rd., #103-014

ATTENDING: Dan Bouchard (Chairman), Mike Willingham (Vice Chairman), Lloyd Belbin, Donna Hardy, Sandra Heaney

Alternate: Susan Colby

ABSENT: Alternate: Lorraine Oranatto-Sullivan (conflict)

OTHER: -----

The meeting opened at 7:00 p.m.

MINUTES OF 6/5/07: L. Belbin made a motion, second by D. Hardy, to accept the minutes as read. The motion carried.

CONTINUED VARIANCE: CHARLES & LINDA VASSIL

Mr. Bouchard read the request for withdrawal sent in by Linda Vassil.

CONTINUED COMPLIANCE HEARING: SONDRA J. KEENE

Ms. Keene was not in attendance. Mr. Bouchard would like to send a certified letter to Ms. Keene and to Norma Barney (the right-of-way abutter) to request their presence at our August meeting so as to get this case finished. Ms. Keene states that Ms. Barney is not negotiating in good faith but we do not hear from Ms. Barney. We need both parties so as to determine what is going on.

Ms. Heaney suggested that we might need town counsel on this. Mr. Bouchard felt that this might be but that all we need is a liability and maintenance agreement between the two parties. A discussion followed. Mr. Bouchard stated that the approval of a Special Exception was granted pending special conditions. Both parties should be negotiating in good faith. If one or the other does not show up at the Aug. meeting, we need to make a decision. The Board agreed to the certified letters and Mr. Willingham volunteered his help in drafting them, if needed.

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6/5/07

S. KEENE COMPLIANCE HEARING continued:

D. Hardy made a MOTION, second by M. Willingham, to CONTINUE THE COMPLIANCE HEARING OF SONDRA J. KEENE TO AUGUST 7, 2007. The motion carried.

Ms. Keene arrived shortly after this and was told of the continuation which she was going to ask for herself.

REQUEST APPLICATION FOR REHEARING: FRANK & SHIRLEY BEDNAZ

Mr. Bouchard explained that this request for a rehearing is in regard to the Variance that was denied last month. He further stated that there must be new evidence which was unavailable at the hearing.

Mr. Bednaz stated that he was unable to be at the Variance hearing. He continued to say that there is no latitude to go backwards with the house. The new house is only 3’ wider than the old one. There is a 26’ drop from the road level to the water level. The plan for the new house is fully conforming. Mr. Bednaz then pointed out the tax map copies that he had sent in and showed the first as being what is there presently and the second as to what is proposed. The deck would now be 40’ from the water. Mr. Bednaz then stated that the Bohlke residence was approved for a Variance to be within 32’ of the Lake and that the Quinn’s (on the other side of his property) is even closer – 14’ with no variance. The Bednaz request would be more compliant that what is there now. The property is quite steep. Mr. Bednaz added that, between the architect and the septic designer, this is the best plan they can come up with. Mr. Bednaz is to have a hip replaced in October and would like to have a home that is accessible. He has downsized the original plan by 300 sq. ft. Mr. Bednaz then pointed out the area in which they want to keep the trees (maples, birch, etc.).

Mr. Willingham stated that they now have a variance from the state for the septic system which they cannot move. Mr. Bednaz agreed and added that the waterline is all in.

Mr. Bouchard explained that the Board cannot vote on a Variance tonight. The Board has to determine if there is new information for which they need to hold a rehearing.

Mr. Belbin stated that the Board determined that there was no hardship with the house itself being within compliance and the spirit of the ordinance is to relieve the town of non-conforming situations. Mr. Belbin feels that they have no new information. Mr. Willingham felt that the information about the septic state variance is new and they cannot reposition the house per the septic designer.

Mr. Bouchard stated that the Board previously discussed moving the house back. We did not hear any information of the septic designer. Ms. Heaney thought that everything looks the same.

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6/5/07

BEDNAZ REHEARING REQUEST continued:

Mr. Bednaz stated that his wife gave no information of the septic or water lines. The new house is only 3’ (36”) larger than the old house and, if they reduce the house, the deck will still be in the setback. Both of the neighbors have a deck and they are within the setback.

Mr. Bouchard was not sure that the septic information is new. Mr. Bednaz stated that he got the variance from the state in March. Ms. Heaney read the minutes relating to the septic which states that Ms. Bednaz was not sure about the septic. Mr. Willingham stated that we discussed moving the house into the hill more. He feels that the information from Bruce Barnard, the septic engineer, is new information and the house cannot be moved further back. Ms. Heaney stated that the Board made their decision on the design of the lot.

At this time, Mr. Bouchard read the reasons given for the denial of the variance. Mr. Willingham thinks that the Board got it wrong the first time. The deck is not living space and the Board can give conditional approval that the deck can never be converted to living space. Again, Mr. Belbin stated that the Board acted according to the ordinance and nothing has changed.

A vote was taken with 1 for and the remainder against granting a rehearing. Mr. Bouchard explained that Mr. Bednaz does have further options in which the next step would be to hire a lawyer. Mr. Bednaz stated that he knows this and he does not understand the result of the vote.

COMMUNICATIONS: A Spring 2007 LGC Publications catalog and the June 2007 Town & City magazine will be held in the office for the members to read.

UNFINISHED BUSINESS:

NEW FORMS: Mr. Bouchard met with Mr. Nebesnik, Land Use Officer, on the new forms and the changes that the Board suggested. Mr. Nebesnik was okay with everything but felt that he should keep in the part on filling the criteria as he felt that the applicant could use it as a worksheet for when they present their case and it would also inform the Board of intent when they go to see the property. The Board was okay with Mr. Nebesnik’s reasoning but felt that they would like to see the final copy of the form.

BYLAWS: The bylaws are all set and are now on the web.

NEW BUSINESS: None.

NEXT MEETING: The next meeting will be August 7^th. To date, the only item on the agenda is the continued compliance hearing for Sondra J. Keene.

With no other business, S. Heaney made a motion, second by M. Willingham, to adjourn at 7:50 p.m. Respectfully submitted, Jan Laferriere, secretary