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Zoning 10-14-09 PDF Print E-mail
Zoning Board of Adjustment
October 14, 2009
Meeting Minutes
I. Roll Call
Board members present at the meeting were Chairman Graham Hunter, David Gulbrandsen, Westley Hazeltine, and Ted Goddard. Land Use Administrator deForest Bearse was also present.

In the audience were Ken Blum, Christina Charest, Cheryl Cox, Chris Harris, Todd Hindinger, Ernest Shand, and Jill Jason.

II. Additions & Corrections

deForest Bearse would like the Board to look over a policy in regards to alternate members.

III. Approval of Minutes: September 23, 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.

Westley Hazeltine made a motion to approve the minutes as written. Ted Goddard seconded it. All were unanimous.

IV. Public Hearings
A. #09.0809 by Kenneth and Kathleen Blum for conditional use permit to construct an animal shed within 300 feet of a mapped deer wintering area
Chairman Hunter opened the hearing at 7:05. deForest Bearse, Ken Blum, and Chris Harris affirmed. There was no exparte communication or conflict of interest among the Board.
Ken Blum would like to build an animal shed 36 feet by 24 feet. It is 50.1 acres in C10 zoning district. The Weathersfield Conservation Commission visited the property on August 31, 2009. Chairman Hunter read the letter from the Conservation Commission. Ken Blum showed the site of the horse shed. It will be next to another shed which is in the deer wintering area. It is 50 feet to the tree line. He has cleared about 15 feet. Chris Harris stated that the area being cleared is between the developed area and the road. Ken Blum said that nothing is developed. It would be within 70 feet of another shed and the driveway would be between them. There are about 2 acres cleared. He might clear another acre for the animals. He has been in contact with a current use forester and withdrew another acre from land use. All but 2 acres are in current use. It is mostly wooded with low quality wood and under forest management. Site plan shows Cook's Pond Road changes from a Class IV road to a trail in front of his property.
Westley Hazeltine stated that it is still a right of way, but no motor vehicles can use it. It is only for horseback or on foot.
Ted Goddard made a motion to close the hearing at 7:20. David Gulbrandsen seconded it. All were unanimous to close the hearing.

B. #09.0909 by the Weathersfield Proctor Library for a conditional use permit, site plan approval, and variances of the front, side, and rear setbacks to construct a 2, 584 sq. ft. addition to the library at 5181 Route 5
Chairman Hunter opened the hearing at 7:22. Graham Hunter stated that he would like recuse himself since his wife is president of Friends of Proctor Library. David Gulbrandsen stepped in as acting chairman.
deForest Bearse, Christina Charest, Cheryl Cox, Chris Harris, Todd Hindinger, Ernest Shand, and Jill Jason affirmed. deForest Bearse stated that it is the same as in 2004. The conditional permit use has expired. There have been variances issued before (15 ft from the south, 17 feet from the east, 4 feet from the north) on December 9, 2004. There was no request for a variance for the rear setback. It has 0.15 acres. It was built prior to the Town's zoning. The setback requirements are 40 feet from the road right of way and 20 feet from the side and rear property lines. The existing building is non-complying in all, except the rear set back. The existing building is 12 feet from the property line, 17 feet from the south, 38 feet from the rear, and 18 feet from the north. There was a land swap between the library and post office which made the rear set back comply. The village requires 20 feet front and rear. There is no existing parking lot. The library uses the Town and Country parking area and parking in the highway right of way.
Cheryl Cox stated that the library needs to do the expansion in order to be accredited by the American Library Association and serve the population of our size. The library would like to serve the people of Weathersfield better and other towns. It is going to the south to maximize the use of the property. The total square footage will be around 4,800. The waste water system can accommodate up to 5 employees and 40 visitors each day. The library hooked up to the septic at Martin Memorial Hall.
David Gulbrandsen mentioned that in 2004 there was no site plan and parking was not specifically addressed. There was a condition in regards to parking. Jill Jason stated that the parking area is on her land. The parking area and sidewalks are being built on her property with permanent parking signs. They would be tearing down her fence and putting in plants. There is no deed or easement for this. The license is for permission to park.
Cheryl Cox stated that the Act 250 permit allows for 69 parking spaces for the post office, library and the Ascutney House to share.
Jill Jason has no problem with the parking. She just feels that they are taking over her property. Why does the library need more parking with the 69 spaces there already?
Todd Hindinger stated that the water does enter the existing road. It should all go to some drainage grates. There are no existing grates. The two proposed grates near the road are at the lowest point. The lights will be attached to the building, near the walkway and the lot area which will be on a timer. The lights on the doors will be motion sensor. There are existing lights on the front door and the north side which are on a timer. The light pole is controlled by the post office. The proposed lights are due to safety concerns. The landscaping is meant to be attractive and for screening.
Jill Jason stated that the post office is tied into her septic. She stated that she is upset that the first time she heard about all of this was at this meeting. She is opposed to the landscaping, lighting, signage, and parking. She has 1.01 acres at the restaurant. She purchased it in March 2004.
Cheryl Cox wanted to know what prevents the library from using the 69 spaces for their parking. The Board was unanimous to go into a Deliberative Session at 8:40 and came out at 8:52. The Board will do a site visit at 5:00 on October 20, 2009.
Exhibit 1 will be the application dated 09/09/09 which includes the site plan 5/27/09. Exhibit 2 will be the sketch plan 09.2104PZ. Exhibit 3 will be the agreement for parking spaces dated 10/19/05. Exhibit 4 is the Act 250 permit.
Westley Hazeltine made a motion to continue this hearing on October 28, 2009 at 7:00. Ted Goddard seconded it. All were unanimous to continue this hearing.

V. Other Business
The Board looked over the alternate member use policy given to them by deForest Bearse. It is similar to their current policy. The Board will show the Select Board their policy to see if it meets their approval.

VI. Public Comment
There was none.

VII. Adjournment
Ted Goddard made a motion to adjourn at 9:10. Westley Hazeltine seconded it. All were unanimous.

 

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