Present:
Bill Pittman
Bruce Clark
Nelson Waters
George Ianson
Mary Lou Doulin \
Ch. Robert Goetsch
Graham Bailey, Zoning Enforcement Officer
Mary Jo Keeler, Recording Secretary
Absent:
Tina King
Ch. Goetsch opened the Regular Meeting at 7 pm and the Board members introduced themselves.
APPROVAL OF MINUTES
ZEO Bailey requested the language in the denial of the Simunek variance be clarified since it is the basis for his denial. The Board reworded the language to follow the variance justification form more precisely. B. Clark made a motion to approve the April 24 minutes as changed; M.L. Doulin seconded. All members voted aye. The April minutes were accepted with a vote of 6-0.
NEW BUSINESS
1. OXFORD/TIER 73.20-1-3
Silver Bay Rd.
TR-1r
The applicant wishes to subdivide property into two lots, both of which would be nonconforming. Originally the lot was comprised of two parcels. Recently they were combined into a single lot. Applicant wishes to now revert to a 2-lot subdivision requiring a variance.
The purpose for placing the item on the agenda is to discuss the process to be used where proposed subdivisions may result in what would be a variance to the minimum lot size as required in Section 160 of the Town Code. ZEO Bailey requested that the Board review the procedure he plans to follow. Mr. Bailey plans to submit his procedure to Dominick Viscardi in the event he is challenged.
Ch. Goetsch remarked that the Planning Board does not have the authority to make a nonconforming lot. That would have to come before the Zoning Board.
The property was combined a few years ago when it was suggested to Mrs. Oxford that she would save tax money by doing so.
Mrs. Oxford shares the property from an inheritance with her brothers. She is interested in keeping the property and the brothers are not. Mrs. Oxford is proposing creating a 2-lot subdivision so the property can be divided. In the Ordinance Book, immediate family does not include siblings therefore she cannot give a portion of the property to her brothers without a variance.
Ch. Goetsch questioned how the property was combined into two lots when there are three dwellings on the property.
Mrs. Oxford will have to go before the Planning Board first and then request a variance after that.
2. MIZER 12.18-1-9
Mohawk Lane
TR-2
Applicant wishes to replace house with new house. New house will reduce the degree of nonconformance with respect to the setback requirement but it will not meet the side and shoreline required setbacks. The proposed new house will not exceed the 25% square footage limitation.
Everything on the property is currently legal, nonconforming because the house is within 50’ of the lake and stream.
ZEO Bailey will put this on the Planning Board agenda. The Zoning Board will join the Planning Board for a joint site review.
N. Waters made a motion to put this on the June agenda; B. Clark seconded. All members voted aye. The motion was passed with a 6-0 vote.
OTHER BUSINESS
1. ZEO Bailey provided a memo to the Board members outlining a procedure for processing variances that he would like to follow in the future. A request for variance is sent to the Planning Board for their recommendation then it comes to the Zoning Board for a decision. If the Planning Board approves unlawful zoning, the Zoning Board cannot overrule the Planning Board but the applicant can file an Article 78 to challenge their decision.
2. REINGOLD 42-1-2 Var 06-02
Abenakis Dr. (East of Rte. 9N)
Reingold’s attorney has requested matter be placed on the September ZBA agenda if necessary. Neighbors are working on plans, which may resolve issues. The ZEO also received a letter from the Town’s attorney, McNalley, providing additional information and concerns.
ZEO Bailey informed the Board regarding letters going back and forth. Mr. Bailey received a letter stating the attorneys hope to have a sketch that all the parties agree to by the end of next week. This issue will probably be on the Zoning Board agenda for next month.
ADJOURNMENT
B. Clark made a motion to adjourn the meeting; M.L. Doulin seconded. All members voted aye. The meeting was adjourned at 7:45 pm.
Respectfully submitted,
Mary Jo Keeler
Recording Secretary