Zoning Board of Adjustment 9-10-08

Zoning Board of Adjustment September 10, 2008 Meeting Minutes I.  Roll Call: Board members present at the meeting were Chairman Graham Hunter, David Gulbrandsen, Ted Goddard, Elizabeth Deliso, and Westley Hazeltine.  Land Use Administrator deForest Bearse was also present. In the audience were Chris Charest, Donald Roys, Hunter Roys, Greg Smist, Peter Boemig, Sue and Dow Tillson, Bill Dakin, and Michael Cersosoimo.      Ted Goddard, David Gulbrandsen, Graham Hunter, Elizabeth Deliso, Westley Hazeltine, deForest Bearse, Donald Roys, and Terry Sheehan were at the Pikes Peak Road Site Visit Graham Hunter opened the meeting at 7:00. II. Additions & Corrections:     There were none. III. Approval of Minutes: August 27, 2008 Elizabeth Deliso made a motion to approve the minutes of August 27, 2008 with minor corrections.  Ted Goddard seconded it.  All were unanimous to accept the minutes with minor corrections. IV. Public Hearings: 1. #08.2008A by Christopher and Christina Charest appealing the approval of zoning permit #07.2308A Chairman Hunter opened the hearing at 7:10 by reading the Notice of Public Hearing.  deForest Bearse, Christopher Charest, and Mr. Smist affirmed     Graham Hunter noted that Mr. Smist contacted him via telephone regarding the appeal. Graham Hunter terminated the conversation at that time. Graham stated this conversation was not considered exparte. Mr. Charest agreed the Graham could remain on the Board for this hearing.         deForest Bearse explained that the existing lot and structure is non conforming due to the setback requirements. The existing structure pre existed the 1997 Weathersfield By Laws. deForest Bearse drew a sketch to explain to the Board that if the new structure was to run parallel to the existing structure, then the construction would not increase the level of non conformity, in such, the application was granted to Mr. Smist Graham Hunter clarifies to Mr. Smist that the setback requirement is measured from the center of the road, not from the property boundary, concluding that the lot is nonconforming on every side except one. Mr. Charest is appealing the application on two grounds; that the construction does not meet the setback requirements as prescribed in the By Laws and that Mr. Smists structure in encroaching his property line. When asked by Graham Hunter, Mr. Charest could not support testimony of encroachment and that there where survey posts that are missing on the property line between Mr. Smist’s property. Mr. Smist states that the top of the slope is the abutting property line, Mr. Charest disagrees. The property deed was not present at time of hearing to support testimony Mr. Charest stated he intends on surveying his property to determine whether Mr. Smist’s dwelling is on his property, and that the burden of proof should be the responsibility of Mr. Smist. deForest Bearse reminded the Board that it is not the responsibility of the Zoning Board to determine boundary disputes. Westley Hazeltine asked what is the percentage of slope leading to Mr. Charest property. Mr. Charest replied it was 60-70% Mr. Smist admitted he was negligent in posting the Application Notice at the site before the appeal period ran out, allowing Mr. Charest to appeal after 75% of the construction was complete. Ted Goddard made a motion to close this hearing.  Westley Hazeltine.  All were unanimous to close this hearing at 7:40 2. #08.1208 by Michael and Vicki Greenberg for a conditional use permit construction of a warming hut and a garage within 300 feet of a deer wintering area at 769 Pikes Peak Road Chairman Hunter opened the hearing at 7:40 by reading the Notice of Public Meeting.  deForest Bearse affirmed.  deForest Bearse stated that the barn/garage would be 36 feet by 24 feet and the warming hut would be 29.4 feet by 20 feet by 13 feet.  The property is covered in deer wintering area.  She referred the property owners to the State of Vermont, Department of Fish and Wildlife.  Chris Bernier, Department of Fish and Wildlife, sent deForest Bearse a letter (dated August 1, 2008).  Both uses are permitted, but would need a conditional use permit.   Graham Hunter recommended that permits granted for all future construction be in contact with the Department of Fish and Wildlife.  Donald Roys stated that the property owners have an issue with the State’s recommendation.  The State wants the property owners to sign a letter stating that they will contact the State before doing anything else for the property.   deForest Bearse is concerned about the negative impact with the development already done.  The State is a consultant that may make recommendations.  There will not be additional clearing for the hut or garage.  There is no additional significant impact.  She is concerned with the deeryard already lost.   David Gulbrandsen stated that that statement would restrict future land use.  He also stated that a site visit was conducted and the Board witnessed the two sites which were flagged.  The hut is at the edge of the human made pond.  deForest Bearse would like the property owners to come back to the Board for clearing in anticipation of development.  According to the Town’s Bylaws, there is no control over logging.  deForest Bears stated that there needs to be a 50 foot buffer for the pond.   Donald Roys said that 80% to 90% of the clearing was done for the tennis court.  Donald Roys said that the hut is 15 feet from the pond.  The pond is fed by a stream and run off.  The hut was originally was planned near the house, but there is a steep slope there.  Terry Sheehan works for Mr. Greenberg.  Donald Roys was not there when Chris Bernier came.  He thought that Chris Bernier mapped it when he visited the property.  He asked Terry Sheehan were the deeryard was and it was not mapped.  There is no current use, nor is there a plan written up.  Terry Sheehan has met with the property owners and Donald Roys about areas to protect on the property.   deForest Bearse stated that the Town Plan does mention a goal of protecting deer wintering areas.  If the Conservation Commission and Chris Bernier did an updated map of the deer wintering areas, that would be great.   Westley Hazeltine made a motion to close the hearing at 8:07.  Elizabeth Deliso seconded it.  All were unanimous to close this hearing. 3.  #07.3108 by Dow Tillson appealing a Notice of Violation (continued from August 27th) Chairman Hunter opened the hearing at 8:15.  Exhibit 2 was the information on ECHO housing.  He reviewed what was mentioned at the previous meeting on August 27th.  The ECHO was granted in 1988 and a mobile home was placed there.  Dow and Sue Tillson lived in the mobile home.  His mother died around 2000 and shortly after they moved into the house.  Currently, Sue’s mother lives in it during the summer months.  In the winter, her mother lives in a mobile home park in Florida.  In 2006, the parcel was subdivided.  The mylar that was filed on behalf of the owners shows that the mobile home will be removed.  It was filed and shows the four lot subdivision.  There have been a series of letter to extend the removal of the mobile home.  Dow and Sue Tillson are appealing the removal of the mobile home.  The ECHO housing was part of the Bylaws that were adopted in 1986 with revisions.   Dow Tillson stated that he came and asked the Town after his mother passed away to have it as a guest house.  He has no record of that.  Sue Tillson said that in the last eight years the Town has not come out to their property.  Dow Tillson has been sick with a heart bypass and not able to move the mobile home.   Bill Dakin reminded the Board about the provision for accessory dwelling.  He would like them to try and see if it fits for an accessory dwelling.  Mr. Tillson does not always focus on what is in front of him.  He asked Dow if the copies Bill Dakin was holding were of the floor plan for the house and garage.  Dow Tillson said that it was.  Bill Dakin presented the Board with copies of the floor plan (Exhibit 3).   David Gulbrandsen made a motion to close the hearing at 8:30.  Ted Goddard seconded it.  All were unanimous to close this hearing.   4.  #07.3108B by Cersosimo Industries, Inc. for expansion of the quarry (continued from August 27th) Graham Hunter recused himself.  Acting Chair David Gulbrandsen opened the hearing at 8:33.  The Board conducted a site visit on September 2, 2008.  The Board is aware that a site plan has been submitted, but might require a letter of credit.  deForest Bearse asked what the cost of each phase would be.  Michael Cersosimo said that they are doing it in phases and can not reclaim each terrace until they are done with the other terrace.  deForest Bearse asked if they could give an accurate description of the phases, cost, and timetable.   David Gulbrandsen said that during the site visit, the Board noted the storage area and the location of the sediment pond with a man made burm.  The Board would like to know what the purpose of the crushed stone is.  Peter Boemig said that it would filter out the silt.  Ted Goddard said that one area has broken through the burm and wanted to know why you are filtering it before the sediment pond.  Michael Cersosimo said that one area would use ditch stone so that it runs through it.  Peter Boemig said that there is no silt is going out.  David Gulbrandsen said that the crushed stone is functional up to a point and one part seems to be working.   The Board would like to know about the maintenance plan of the ponds.  Peter Boemig said that it is not in writing. If they see a problem, they fix it.  Michael Cersosimo said that every summer before the crushing operator arrives, the excavator goes through each pond.  deForest Bearse said that they have been approved to discharge off site and that has been addressed in their permit.  The Board would like a formal plan. Michael Cersosimo said that all machinery does have a mistifier on it and they use chloride for the roads as needed.  The burms are in place and the fence has not been put up yet.  After reclaiming the first tier in about two years, they will do the planting.  There are signs for no trespassing and rocks are placed at the top until the fence is in place.  There will be no new buildings at this time.  deForest Bearse said that the fire department has no concerns (Exhibit 4).  deForest Bearse said that the permit in 1994 for the pug mill said there would be 200 trips per week and not exceed 75 per day.  The Board would like a detail description on the cost of phasing, support limit on trucks, review existing town conditions, increase topsoil to four inches, and a storm water permit.   Ted Goddard made a motion to continue this hearing on October 8, 2008 at 7:00.  Elizabeth Deliso seconded it.  All were unanimous to continue this hearing.     V.  Deliberations      VI. Public Comment:     There was none.   VII. Other Business:     There was none. VIII. Adjournment:     Elizabeth Deliso made a motion to adjourn the meeting at 9:30.  David Gulbrandsen seconded it.  All were unanimous to adjourn. Respectfully submitted, Diana Day