Zoning Board of Adjustment October 26, 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 Gary Pellerin, Carrie Jewell, Judy Belyea, Vincent Jewell, Michael Cohen, and Ernest Shand.
David Gulbrandsen called the meeting to order at 7:00PM.
II. Additions & Corrections There were none.
III. Approval of Minutes: September 14 & 28, 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 September 14, 2011 as presented. Ted Goddard seconded it. Lynn Esty made a motion to approve the minutes of September 28, 2011 with corrections. Debbie Graham seconded it. All were unanimous. IV. Public Hearings (1) App. #09.2111 by Ascutney House LLC for a conditional use permit under section 4.3.2(a) "Other Uses" for a change in use of the former Ascutney House Restaurant to an assisted living facility David Gulbrandsen opened the hearing at 7:02 PM. There was no exparte communication. Gary Pellerin, Carrie Jewell, Judy Belyea, Vincent Jewell, and Ernest Shand (trustee of the library) are interested party. They all affirmed including deForest Bearse. deForest Bearse stated that Judy Belyea filed a permit on September 21, 2011for an assisted living at Ascutney House. It is not addressed in the Bylaws 3.2a and 4.3.2a & b. The Board needs to take evidence and testimony for it to see if it is similar and meets the village district and do findings for a conditional use permit. Carrie Jewell stated that it will be primarily older adults living there that are in need of assistance in their daily needs. She currently runs Davis House in Windsor. There will be a 24 hours staff with around 18 residents depending on the licensing from the State. The State will inform them how many adults will be able to live there due to the size of the rooms. There will be no more than 20. She stated that it is a community care home and the adults like to be involved with the community. It will be up to what the adult is capable of doing. The adults could go to the library, post office, etc. It is not a locked facility. Some volunteers will pick up residents take them apple picking, etc. This is similar to an adult day care, but there will be no adults with tubing, IV, etc. We will do bathing, meals, medicine, and activities. The adults will live there. She is applying for a Level 3, Residential Care licensed. She needs to apply for it 90 days before it opens. She stated that she has not done so since she was not sure how long the whole process would take. deForest Bearse stated that since Carrie Jewell stated that it will be a residential care home, it is an allowed usage in this district. The Board will need to just do a conditional use permit. Ted Goddard made a motion that a residential care home fits the definition in the Bylaws and to proceed with a conditional use. Lynn Esty seconded it. All were unanimous. David Gulbrandsen went over the checklist. Exhibit 1 was the application with the project review sheet. Exhibit 2 was the letter from Darrin Spaulding, Ascutney fire chief, dated 9/27/11 in regards to wanting a 6 inch pump connector on the outside to allow fire apparatus to pump water into the sprinkler system. Vincent Jewell stated that he has met with the fire department and the fire marshal. Vincent Jewell stated that they have proposed a new sprinkler system with tanks. It is a public building which needs to follow the State rules. They will have a private trash hauler. They have approval from Country Estate Water Company. Westley Hazeltine signed off on 9-13-11. deForest Bearse stated that there are similar uses in the area. Carrie Jewell stated that they will not be doing anything to the outside of the building. They are going to use the current sign, just change it. The lighting is shown on the plan with no new lights. Gary Pellerin stated that there is a light that now shines into his house. There were no problems before, but this light just came on one day. Vincent Jewell stated that they are aware of this light, but can't seem to find the switch to shut it off. They are going to have an electrician come in and fix it. Carrie Jewell stated that they have a monthly activity plan for the adults with 1 to 2 trips per month. There will be occasional visitors with 14 employees when capacity is full. They have three shift changes over the 24 hours. deForest Bearse stated that it is a busy intersection with 5500 vehicles on Route 5 and 8700 on Route 131 and Route 12. She stated that this use applies to Bylaws 1.2, 4.3, 2A, 6.14, 6.14.3, and 6.14G. deForest Bearse stated that this property has a lot of parking spaces due to previously being a restaurant. The applicant would like to redesign the parking plan. Vincent Jewell stated that there will be 18 to 20 parking spaces with 2 handicapped ones included. That is more than they will need. The current parking area is grass with no lines. They will put up signs for the handicapped ones. Gary Pellerin stated that there is additional parking on the gravel near the post office. Gary Pellerin stated that he has no concerns with this permit. He is worried about snow removal on this property. The snow plow driver would plow the snow up to his fence. Then the water would go under his fence onto his property. He spoke to the previous owner who changed where they plowed the snow. There is a culvert at the post office which pushes the water onto his property. The water does not go to the catch basin. Carrie Jewell stated that they would work with Gary Pellerin in regards to snow removal. Ernest Shand stated that the library would like to meet with you in regards to parking. In the Act 250 permit it states that there are 69 parking spaces. The library would like to use some of the parking since it is doing an addition. Barbara Ingalls made a motion to close the hearing at 7:55. Ted Goddard seconded it. All were unanimous.
V. Public Comment There was none.
VI. Other Business There was none.
VII. Adjournment Ted Goddard made a motion to adjourn the meeting at 8:02PM. Barbara Ingalls seconded it. All were unanimous to adjourn.
Respectfully submitted,
Diana Day
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