TOWN  OF  SWANTON


 

PUBLIC HEARING MEETING MINUTES

 ZONING  BOARD  OF  ADJUSTMENT

July 17, 2008

 

            The Swanton Zoning Board of Adjustment held a Public Hearing on Thursday, July 17, 2008 at the Swanton Town Offices, 1 Academy Street, at 7:00 P.M. to hear the following requests:

 

Present were: Chairman, Robert Manning, Gail Bevins, Lucie Hill, and Spencer Labarge. Also present were Ronald Kilburn, Zoning Administrator, and Heidi Britch-Valenta, Board Clerk.   Paul Beaudry was absent.

 

Applicants:                   Richard Hersey

                                    Jami and Robyn Lapan

                                    H.D. and Kelly Campbell

Interested Parties:         Randy Livingston (#368-08)

                                    Vicky Shaw (CU#370)

                                    Mike E. Walsh (CU#370)

                                    Martha Casavant Ries (CU#370)

                                    David Tanner (CU#370)

                                    Dennis Ryan (CU#370)

                                   

Manning called the meeting to order at 7:05pm and swore in all that would give attendance. He explained the need for those present to sign in on the appropriate documents to secure their rights as interested parties.

 

1.#46-2008 Variance Request of Jeannete Weiland to construct  a front entrance enclosure, 11 ft. by 8 ft. at her residence which does not meet the front setback of 35 ft would require 9 ft variance at #3 Tanner Memorial Drive R5 Residential District.

 

Richard Hersey, Contractor, was present on behalf of the applicant to explain the desired changes to the home of a  8 x 11 ft addition glassed in entryway to allow for easier access. The addition is in keeping with the character of the neighborhood.

 

The Board had few questions on this issue and there were no interested persons present.

 

2. #CU 368-08 Conditional Use Request of Jami & Robyn Lapan to amend the hours of operation of an automobile repair business at #46 County Road., formerly the business of Mike Bourgeous and previously the business of Ivan Johnson  at the same location.  R1 Agricultural Residential District. The request is to increase the hours of operation to 7:30am to 7:30pm , Monday – Friday and 8am to 5 pm on Saturdays. Original Conditional Use Permit was issued to Ivan Johnson on October 9, 1991.

 

Jami and Robyn Lapan were present to explain their plan to increase the hours of business for their repair shop. Jami stated that he works on several cars each day but that he may have 10 to 12 in the yard at any given time.

All work is performed inside of the garage. He said a tree line and fence separate his business from the neighbor’s yard.

 

Manning asked if there were issues with the neighbors. Jami said he was getting along fine with his neighbors fine until a Wildlife Specialist was permitted to do research behind the shop and found the neighbor engaged in illegal activity. The Wildlife Specialist filed a report. Now the neighbor believes the Lapan’s turned him in and he is trying to cause trouble for them. Kevin Lapan, Jami’s brother, pointed out that the wildlife specialist has been coming to study in this area for many years.

 

The neighbor, Randy Livingston, was present to express his frustration with the hours of operation of the Lapan’s business which he claimed exceeded the approved permit. He said he had obtained a copy of the permit which outlined the hours of operation and gave a copy of this to Lapan.

 

Livingston noted that Lapan is operating a wrecker service and this was not on the original permit. He also mentioned that he is concerned about encroachment of the 15 foot setback. Manning suggested that a surveyor might be necessary to solve that issue and the Zoning Board of Adjustment could not make any rulings on this issue.

 

Livingston stated his concern for the extended hours is a result of his desire to use his pool more frequently and his handicapped daughter is uncomfortable using the pool due to the traffic and the noise from the neighboring shop.

 

Kilburn stated he had not received any other complaints regarding this business since the original permit was issued to Ivan Johnson in 1991.

 

Lapan asked for clarification on his use of his shop after hours for his own maintenance of his equipment and for his family members vehicles for which he does not charge. Manning agreed this was fine as long as he was not conducting business after hours.

 

Manning said he would like to review the minutes of the past meetings when Ivan Johnson received the permit before making any ruling.

 

3.  CU#369-08 Conditional Use Request of H.D. and Kelly Campbell to amend CU#355-06 to permit operation of a roadside Vegetable Stand instead of a Snack Bar as previously permitted. Hours of operation would be from sunrise to sunset Monday to Saturday at 325 North River Road. NC Neighborhood Commercial District.

 

H. D. and Kelly Campbell were present to discuss their request.

 

Kilburn said he had not received any complaints on this snack bar when it was in operation.

There were no interested parties in attendance. The Board had few questions.

 

4. CU #370 Conditional Use Request of H.D. Campbell to engage in the Adaptive Reuse of a Historic Barn in order to conduct seasonal weekly public events at the historic Carman Barn located at 24 Lakewood Drive. SR Shoreland Recreation District.

 

H.D. and Kelly Campbell explained their plan to host special events such as weddings and barn dances at this restored barn. The events will always  be catered. The liquor is the responsibility of the caterers.

 

Adjoining land owner, Dennis Ryan, said he doesn’t’ believe this should go into a residential / Agricultural district. He would be extremely unhappy to have the noise late at night. He asked why they Board would consider approving a business of this type in a residential area.

 

Vicki Shaw, Daughter of land Dennis Ryan, expressed her concern for resale values if this business were to be approved.  She stated her desire to keep the area the tranquil retreat it has previously been. She explained that the barn doors remain open during the event and the noise is very loud. She added that late at night the people leaving, are talking loud, and starting their cars create a considerable amount of noise. She questioned the right of land owners to have quiet and be able to sleep.

 

Campbell noted that the Ryan’s camp is very near to route 78 and the train. Ryan said these two things do not bother him.

 

Mike Walsh said he was pleased with the rehabilitation of the barn and would like to see it be used. He would prefer weddings to concerns, but would be OK with either as long as there were conditions placed on the permit. Kilburn said the barn is on the historic register.

 

David Tanner, son of Dennis Ryan, spoke of his concern for this type of use at this site. He thought this business would be a problem for  neighboring land owners.

 

Kelly Campbell said they came to the idea because people in the community asked to have it. They had over 100 people for their barn dance. She said they are meeting a need in the community.

 

Martha Casavant Reis said she was home when the Campbells had their wedding reception and they heard nothing. Her mother owns property on the road also and was not affected by either of the receptions.  She was pleased with the new life of the barn and doesn’t have a problem with the business.

 

H.D. Campbell said he allows the wedding party to have the building the week before the event to set up so the day of the event is not as hectic. They have a better parking plan than before and will keep the cars off the road.

 

Dennis Ryan said he would like to see some control over this issue.

 

The Campbell’s questions the usage of the Ryan’s home. Ryan said he was there only the last weekend of the month but he pointed out that there are several other full time neighbors, and new home expected to be built in the neighborhood and they will all be denied the ability to sleep the night when there is an event.

 

 

DELIBERATIVE SESSION

MOTION:  Manning made a motion to go into deliberative session at 8:35 pm; Seconded by Labarge. Motion carried.

 

MOTION: Hill made a motion to adjourn for the evening at 9:50pm and to reconvene on Tuesday, July 22 at 6:00pm for deliberative session. Seconded by Bevin. Motion carried.

 

MOTION: ________ made a motion to APPROVE #46-2008 Variance Request of Jeannete Weiland to construct  a front entrance enclosure, 11 ft. by 8 ft. at her residence which does not meet the front setback of 35 ft would require 9 ft variance at #3 Tanner Memorial Drive R5 Residential District._____________ seconded the motion. Motion carried.

 

MOTION: ___________ made a motion to APPROVE #CU 368-08 Conditional Use Request of Jami & Robyn Lapan to amend the hours of operation of an automobile repair business at #46 CountyRoad., R1 Agricultural Residential District. The request is to increase the hours of operation to 7:30am to 7:30pm , Monday – Friday and 8am to 5 pm on Saturdays. APPROVAL IS CONTINGENT UPON COMPLIANCE WITH THE FOLLOWING CONDITIONS:

 

 

 

 

 

 _______________seconded the motion. Motion carried.

 

           

MOTION: ___________made a motion to APPROVE  CU#369-08 Conditional Use Request of H.D. and Kelly Campbell to amend CU#355-06 to permit operation of a roadside Vegetable Stand instead of a Snack Bar as previously permitted. Hours of operation would be from sunrise to sunset Monday to Saturday at 325 North River Road. NC Neighborhood Commercial District. __________________seconded the motion. Motion carried.

 

MOTION: ___________________made a motion to ________________ CU #370 Conditional Use Request of H.D. Campbell to engage in the Adaptive Reuse of a Historic Barn in order to conduct seasonal weekly public events at the historic Carman Barn located at 24 Lakewood Drive. SR Shoreland Recreation District.

 

MOTION: ________ made a motion to APPROVE the minutes from the May 22, 2008. ____________ seconded the motion. Motion carried.

 

MOTION: ____________ made a motion to adjourn the meeting at ________pm. _____________seconded the motion. Motion carried.

 

 

 

Unless otherwise stated all motions passed unanimously.

 

Respectfully Submitted,

 

 

Heidi Britch-Valenta

Zoning Board of Adjustment Clerk

 

 

 

 

 

 

__________________________                                            _______________________________

Robert Manning                                                                        Gail Bevins

 

 

 

 

__________________________                                            ________________________________

Spencer Labarge                                                                      Lucie Hill                                                                                 



TOWN OF SWANTON
PUBLIC HEARING MEETING MINUTES
ZONING BOARD OF ADJUSTMENT
May 22, 2008

The Swanton Zoning Board of Adjustment held a Public Hearing on Thursday, May 22, 2008 at the Swanton Town Offices, 1 Academy Street, at 7:00 P.M. to hear the following requests:

Present were: Chairman, Robert Manning, Gail Bevins, Spencer Labarge, and Paul Beaudry. Also present were Ronald Kilburn, Zoning Administrator, and Heidi Britch-Valenta, Board Clerk. Lucie Hill was absent.

Applicants: Gary Rich
Gary and Cindy Gibson
Doug and Sherry Shepard
Other business: Kelly Campbell

Manning called the meeting to order at 7:05pm and swore in all that would give attendance. He explained the need for those present to sign in on the appropriate documents to secure their rights as interested parties.

1. CU#366-08 Conditional Use Request of Douglas Shepard dba Doug Shepard's Trucking to establish a Contractor's Yard and then to construct a 44 by 48 ft. garage at his 11.82 acre parcel situated at 20 Viens Road, R1 Residential District.

Doug and Sherry Shepard were present to explain their plan to operate a contractor's yard for their excavating business. Bevins revealed that she is an adjoining land owner and asked if she should recuse herself. The Applicants and the Board members did not think this was necessary.

The new building will be a wood frame with siding matching the house. The walls will be 16 ft high. The roof will have a 10 x12 pitch.

The Shepards stated their understanding of the requirement for 6 ft stockade fencing. They also plan to plant cedar trees along the road. On this site they will store 3 dump trucks, excavator, loader, dozer, mini excavator, and a skid steerer.

They stated there are no wetlands on the property. All material will be stored 100 ft from the roadway.Gary said he stores the oil from the equipment in barrels and gives it to someone with a multi-fuel burner.

No sign is expected for this site. Bevins made them aware that they would need to comply with the bylaws if they choose to have a sign at a later time.

There is plenty of room on the lot for vehicle storage. Presently there are 2 employees working at this site. They will only do maintenance for their own vehicles.

Primary work for Shepard Trucking is in Williston. There is very little work performed on site. No stone crushing will occur at this site. Noise is expected to be minimal.

No interested persons were in attendance.

2. CU#365-08 Conditional Use Request of Gary T. Rich to establish an Automobile Sales business at his 4.54 acre parcel located at 361 North River Rd., (Southwest side of VT. Rte #78) NC Neighborhood Commercial District.

Hours of operation will be 6 days a week, 7am to 7pm. The site was formerly operated as a restaurant.

Site is in the Special Flood Hazard Area (SFHA). Rich has been working with his engineer to apply for a Letter of Map Amendment (LOMA) from the Federal Emergency Management Agency (FEMA). He was still waiting for a determination from Aaron Moore, River Management Programs VT Department of Environmental Conservation. This are has a 102.3' NAVD flood zone.

Rich said there will be 3 partners in this business. Gary Rich will buy the crashed cars, his nephew, Michael Rich, will do the repairs and his brother will handle sales. Rich said there will be a maximum of 15 vehicles for sale at one time. There is room for 5 cars in the rear of the building.

Site was previously a gas station. EPA gas tank testing takes place once a month.

All work will be done inside of the garage. Office will be in the garage. No sign has been selected for this site. No car lifts will be on the site. Painting will not be done at this site. Scrap metal will be stored in a caged in area. Motion sensors lights will be on both ends of the buildings.

No interested persons were in attendance.

3. CU#367-08 Conditional Use Request of Gary & Cindy Gibson to construct a 32 by 28 ft. garage with an upstairs accessory apartment having 516 sq. ft. of living space (30 % of living space in existing residence) on a .64 acre lot located at 394 Maquam Shore Rd. SR Shoreland Recreation District.

Gary and Cindy Gibson were present to discuss their plans. Their garage will not be attached to the house. It will be constructed in a spot that presently is wooded area. They will be living in the apartment when they tear down their home and rebuild. Following that it will be for guests.

Gibsons have spoken with their neighbors and they have no problems with the project. They will install a mound system for this site.

4. #26-2008 Variance Request of Gary & Cindy Gibson to construct a 32 by 28 ft. garage with an upstairs accessory apartment; does not meet the side setback requirement of 25 ft. (15 ft. proposed) on a .64 acre lot located at 394 Maquam Shore Rd. SR Shoreland Recreation District.

Gary said that he had discussed the plan with the neighboring land owner, Pelkey and they were fine with it. The reason they were requesting the variance is so that the building does not block the view from the road.

OTHER BUSINESS: Kelly Campbell came forward with a request to convert the previously approved Conditional Use Permit for a snack bar at North River Road to a vegetable stand. She anticipated less garbage, and fewer cars parking for this use than previously approved. The Board saw no issues with this change.

Kilburn presented a letter from Michael Gawne, Esq. regarding the Wheatley application to convert a seasonal cottage to a year round residence. The board agreed to discuss this issue in deliberative.

DELIBERATIVE SESSION
MOTION: Manning made a motion to go into deliberative session at 8:10 pm; Seconded by Gail. Motion carried.

MOTION: Bevins made a motion to come out of deliberative session at 9:40 pm; seconded by Beaudry. Motion carried.

MOTION: Beaudry made a motion to APPROVE CU#366-08 Conditional Use Request of Douglas Shepard dba Doug Shepard's Trucking to establish a Contractor's Yard and then to construct a 44 by 48 ft. garage at his 11.82 acre parcel situated at 20 Viens Road, R1 Residential District. CONTINGENT UPON COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. The hours of operation will be 7am to 7pm Monday through Saturday.
2. A 6 ft stockade fence will be installed along the road front
3. Trees will be planted for a natural screen.
Bevins seconded the motion. Motion carried.

MOTION: Labarge made a motion to APPROVE CU#365-08 Conditional Use Request of Gary T. Rich to establish an Automobile Sales business at his 4.54 acre parcel located at 361 North River Rd., (Southwest side of VT. Rte #78) NC Neighborhood Commercial District CONTINGENT UPON COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. 7am to 7pm Hours of operation Monday through Saturday.
2. Elevation must be a minimum of 102.3"
3. Contingent upon approval from FEMA for a LOMA
4. No painting will take place on site
5. Any future sign will meet zoning laws and be permitted.
6. Business must meet setbacks from road.
7. There will not be an automotive lift
8. No more than 15 vehicles will be in the front of the building at one time.
9. All metal and unused parts will be stored in building or behind screening.
10. 2 motion sensor lights will light the yard.
11. All hazardous material will be stored and disposed of properly.
12. Limit 5 parking spaces in the rear of the building for vehicles awaiting repairs
13. Repair cars must be screened from view from view from the road.
Bevins seconded the motion. Motion carried.

MOTION: Bevins made a motion to APPROVE CU#367-08 Conditional Use Request of Gary & Cindy Gibson to construct a 32 by 28 ft. garage with an upstairs accessory apartment having 516 sq. ft. of living space (30 % of living space in existing residence) on a .64 acre lot located at 394 Maquam Shore Rd. SR Shoreland Recreation District. And #26-2008 and Variance Request of Gary & Cindy Gibson to construct a 32 by 28 ft. garage with an upstairs accessory apartment; does not meet the side setback requirement of 25 ft. (15 ft. proposed) on a .64 acre lot located at 394 Maquam Shore Rd. SR Shoreland Recreation District. Variance is granted to protect the appearance of the property and maintain the view of the lake. The Board allows the interior stair without reducing the footage of the apartment CONTINGENT UPON COMPLIANCE WITH THE FOLLOWING CONDITION:
1. This will not be a rental property.

Beaudry seconded the motion. Motion carried.

MOTION: Labarge made a motion to recommend that Kelly and H.D. Campbell submit an application for an amendment to their CU #335-06 for a snack bar at 325 North River Road to a Vegetable Stand. Beaudry seconded the motion. Motion carried.

MOTION: Manning made a motion to DENY the Wheatley CU#358-2007 to convert their seasonal cottage to a year round residence. Bevins seconded the motion. Motion carried.

MOTION: Manning made a motion to approve the minutes from the March 20, 2008 meeting. Bevins seconded the motion. Motion carried.

MOTION: Manning made a motion to adjourn the meeting at 9:55pm. Gail seconded the motion. Motion carried.

 


Unless otherwise stated all motions passed unanimously.

Respectfully Submitted,


Heidi Britch-Valenta
Zoning Board of Adjustment Clerk

 

 


__________________________ _______________________________
Robert Manning Gail Bevins

 


__________________________
Paul Beaudry



PUBLIC HEARING MEETING MINUTES

 ZONING  BOARD  OF  ADJUSTMENT

February 21, 2008

 

            The Swanton Zoning Board of Adjustment held a Public Hearing on Thursday, February 21, 2008 at the Swanton Town Offices, 1 Academy Street, at  7:00 P.M. to hear the following requests:

 

Present were: Chairman, Robert Manning, John Lavoie, and Lucie Hill. Also present were Ronald Kilburn, Zoning Administrator, and Heidi Britch-Valenta, Board Clerk.  Spencer Labarge arrived at 7:10. Absent was Gail Bevins

 

Applicants:                   Andrew Leduc

                                    Robert Ward

                                    Leila Lanoue

                                   

Manning called the meeting to order at 7:00pm and swore in all that would give attendance. He explained the need for those present to sign in on the appropriate documents to secure their rights as interested parties.

 

1.         CU#361           Continued Conditional Use Request of Andre & Nancy Leduc  to demolish a pre-existing, non-conforming, two-story, two-family apartment building and replace it with a single-story duplex  (Two Family Dwelling) at 65 First St.  Neighborhood Commercial Light District.

 

Andre Leduc was present to provide his updated plan with all necessary dimension. The Board accepted this print as the final information  necessary to approve this request.

No interested parties were in attendance.

 

2.         #05-2008         Variance Request of Andre & Nancy Leduc to demolish a pre-existing, non-conforming, two-story, two-family apartment building and replace it with a single-story duplex which does not meet the 30 ft. setback from New St., a 15 foot variance is requested at 65 First St.,  Neighborhood Commercial Light District.

 

Discussed above.

 

3.         #02-2008         Variance Requests of  Robert Ward, Jr. & Leila Lanoue to reconstruct a pre-existing, non-complying front porch and rear porch  which do not meet the front setback of 30 ft. (19 ft. proposed) and rear setback of  15 ft. (9 ft. proposed) at  66 First St.  Neighborhood Commercial Light District.

 

Bob Ward and Liela Lanoue were both present to explain their plan to replace the porch on their property. The width of the porch will remain the same at 7ft but the length will be extended to run the full length of the home.

 

The Board had few questions for this application and there were no interested parties in attendance.

 

DELIBERATIVE SESSION

MOTION: Hill made a motion to go into deliberative session at 7:20 pm; Seconded by Lavoie. Motion carried.

 

MOTION: Hill made a motion to come out of deliberative session at 7:30pm; seconded by Lavoie. Motion carried.

 

MOTION:      Lavoie made a motion to APPROVE CU#361   Conditional Use Request of Andre & Nancy Leduc to demolish a pre-existing, non-conforming, two-story, two-family apartment building  and replace it with a single-story duplex. (Two Family Dwelling) at 65 First St.  Neighborhood Commercial Light District. Labarge seconded the motion. Motion carried.

 

MOTION:      Lavoie made a motion to APPROVE #05-2008 Variance Request of Andre & Nancy Leduc to demolish a pre-existing, non-conforming, two-story, two-family apartment building and replace it with a single-story duplex which does not meet the 30 ft. setback from New St., a 15 foot variance is requested at 65 First St.,  Neighborhood Commercial Light District. Manning seconded the motion. Motion carried.

 

MOTION: Hill made a motion to APPROVE   #02-2008       Variance Requests of Robert Ward, Jr. & Leila Lanoue to reconstruct a pre-existing, non-complying front porch and rear porch at 66 First St.  Neighborhood Commercial Light District. Variance is granted for a 7 ft by 40 ft with 19 ft variance and a 6’ x 8 ft back porch with a 9 ft variance. Seconded by Manning. Motion carried.

 

MOTION: Manning made a motion to approve the minutes from the January 24, 2008 meeting, the November 11, 2007 meeting and the October 18, 2007 meeting. Labarge seconded the motion. Motion carried.

 

MOTION; Hill made a motion to TABLE CU#358-2007 Conditional Use Request of Ronald & Penny Wheatley  to convert a seasonal camp to a year round dwelling at  1562 Maquam Shore Rd.  SR Shoreland Recreation District. until such time as the Applicant can provide the necessary information regarding the septic system. Manning seconded the motion. Motion carried.

 

MOTION: Manning made a motion to adjourn the meeting at 7:35 pm. Lavoie seconded the motion. Motion carried.

 

 

Next meeting is March 20th

 

Unless otherwise stated all motions passed unanimously.

 

Respectfully Submitted,

 

 

Heidi Britch-Valenta

Zoning Board of Adjustment Clerk

 

 

 

__________________________                                            _______________________________

Robert Manning                                                                        John Lavoie

 

 

 

__________________________                                            _______________________________

Lucie Hill                                                                                  Spencer Labarge



PUBLIC HEARING

 SWANTON  ZONING  BOARD  OF  ADJUSTMENT

 

            The Swanton Zoning Board of Adjustment held a Public Hearing on Thursday, January 24, 2008 at the Swanton Town Offices, 1 Academy Street, at  7:00 P.M. to hear the following requests:

 

Present were: Chairman, Robert Manning, John Lavoie, Spencer Labarge, and Lucie Hill. Also present were Ronald Kilburn, Zoning Administrator and Heidi Britch-Valenta, Board Clerk. Gail Bevins was absent.

 

Applicants:                   Andrew and Nancy Leduc

                                    H. D. Campbell

                                    Paul and Tara Fournier

Interested Parties:         Joe Mender

                                    Wayne Bourgeous

 

Manning called the meeting to order at 7:01pm and swore in all that would give attendance. He explained the need for those present to sign in on the appropriate documents to secure their rights as interested parties.

 

1.         CU#360           Conditional Use Request of  The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, a Utah Corporation,  for construction and use of a Place of Worship consisting of a 4,684 sq, ft. church with 43 parking spaces on a 4.5 acre parcel located at 22 Bushey Rd.  Future expansion plans contemplate increasing the building footprint to 5,555 sq. ft. and parking to 62 spaces.  R1 Agricultural/Residential District.

 

Manning explained that the application will be CONTINUED at the request of the applicant.

 

2.         CU#361   Conditional Use Request of Andre & Nancy Leduc to demolish a pre-existing, non-conforming, two-story, two-family apartment building  and replace it with a single-story duplex which meets the proper setbacks. (Two Family Dwelling) at 65 First St.  Neighborhood Commercial Light District.

 

Andy and Nancy Leduc were present to discuss the plan to build a new building further from the road to meet setbacks. Manning pointed out that because it is on the corner lot he will need to have two front setbacks. Present building is 44 ft from center of New Street. Lot size is 80’ x 100’. New building will be 30’ x 70’ Leduc was unable to say if he met the front setback on New Street because it had been considered a side setback, and was not measured beyond 15 ft.  The Leducs left the meeting to measure the setback.

 

Andy and Nancy Leduc returned to the meeting with the measurements. There are 27 ft between the existing buildings. Leduc said he would prefer to build the new building in the original footprint and request a  16 ft variance rather than moving the building back and requesting a 9 ft variance.  Leduc said the building is 17 feet from the sidewalk.

Hill asked about parking. Leduc drew out the proposed parking area which he calculated could hold 4-6  cars.

 

The units will not have a deck but rather will have patio doors on the back with cement pads.

 

Manning asked to have an updated drawing submitted which outlined the new building location, parking, cement pads.

 

3.         CU#362           Conditional Use Request of  Tara Fournier to use an existing structure (Seasonal Retail Store, CU Permit #92-2000) as an organic farmstand/store (Neighborhood Store/Roadside Stand) at  5 Church Road with frontage and access on Vt. Route 78, North River Rd. Shoreland Recreation District.

 

Paul and Tara Fournier were present to explain the plan to run an organic farm stand/ store. Products marketed will be vegetables, fruits, meat, and poultry. No food will be prepared or consumed on site. Site was previously approved as a creemees stand.

 

The lot is 3.5 acres. Building size is 24’ x 12’. Side setback is estimated to be over 100 feet. House and shop are on one lot which cannot be separated.

 

Tara or Paul could not verify that the State had issued a permit for a road curb cut from Route 78. Wayne Bourgeois, adjoining land owner of Swanton Orchard, said that he had seen the state visit the site and approve the driveway. Manning asked Kilburn to check in the file to ensure that there is a record of the approval.

 

Bourgeois said that he is happy that the Fourniers are on the site because they have made the site very attractive by painting, cutting brush, and cleaning up the site.

 

Bourgeois added that he would like to bring the traffic issues in this area to the attention of the board. He said it was by no means a result of the Fournier’s business proposal but the 50 mile an hour zone on this road tends to see vehicles at speeds upwards of 60 mile per hour. Stopping and turning on this road is dangerous. Bourgeois said he may circulate a petition for the area residents to submit to the Selectboard regarding this issue. Adjoining land owner, H.D. Campbell, said he agrees with Bourgeois that the traffic is very bad in this area.

 

There was a question as to the type of septic on this site. It was determined that there was a new septic system installed by the previous owners.

 

4.         CU#363           Conditional Use Request of H. D. Campbell IV to convert the existing Blue Ford Motel into a Multi-Family Dwelling of ten (10) units on a ten-acre parcel located at 325 North River Rd.  Neighborhood Commercial District.

 

H. D. Campbell was present to explain his plan. The lot size is 9.70 acres. Frontage on the road is 400’.  10 units at 14’ x 23’ sq ft rooms for rent. Building has more than adequate setbacks from road and boundaries.

 

The Board discussed whether this could be described as a multi-family dwelling. The term Dwelling, Multi-Family, multiple was found to be more accurate.

 

Campbell estimated that he has 50 parking spaces for this site. The Board found this sufficient.

 

The Board had no further questions and there were no interested parties in attendance.

 

DELIBERATIVE SESSION

MOTION: Labarge made a motion to go into deliberative session at 8:25 pm; Seconded by Lavoie. Motion carried.

 

MOTION: Labarge made a motion to come out of deliberative session at 8:55; seconded by Lavoie. Motion carried.

 

MOTION: Lavoie made a motion to TABLE CU#360 Conditional Use Request of The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, a Utah Corporation, for construction and use of a Place of Worship consisting of a 4,684 sq, ft. church with 43 parking spaces on a 4.5 acre parcel located at 22 Bushey Rd in R1 Agricultural/Residential District for a period not to exceed 12 months. Labarge seconded the motion. Motion carried. 

 

MOTION:      Lavoie made a motion to TABLE CU#361   Conditional Use Request of Andre & Nancy Leduc  to demolish a pre-existing, non-conforming, two-story,  two-family apartment building  and replace it with a single-story duplex which meets the proper setbacks. (Two Family Dwelling) at 65 First St.  Neighborhood Commercial Light District until the Applicant can submit a drawing of the site outlining the building, parking, and cement pads prior to February 21st.Labarge seconded the motion. Motion carried.

 

MOTION: Hill made a motion to APPROVE CU#362 Conditional Use Request of  Tara Fournier to use an existing structure (Seasonal Retail Store, CU Permit #92-2000) as an organic farm stand /store (Neighborhood Store/Roadside Stand) at  5 Church Road with frontage and access on Vt. Route 78, North River Rd. Shoreland Recreation District. APPROVAL IS CONTINGENT UPON COMPLIANCE WITH THE FOLLOWING CONDITIONS:

  1. 16 Parking spaces must be provided for customers.
  2. Entrance and exit must prevent traffic from backing onto Route 78.
  3. Submittal of driveway curb cut approval from the State for curb cut from Route 78 or from the Town for access from Church road.  ( no record of curb cut approval was found in file)
  4. Hours of operation will be from 11am to 7pm from May 1 to October 30.
  5. The permit is for the existing building with no changes

 

Lavoie seconded the motion. Motion carried.

 

MOTION: Labarge made a motion to APPROVE      CU#363 Conditional Use Request of H. D. Campbell IV to convert the existing Blue Ford Motel into a Multi-Family Dwelling of ten (10) units on a ten-acre parcel located at  325 North River Rd in Neighborhood Commercial District. CONTINGENT UPON COMPLIANCE WITH THE FOLLOWING CONDITIONS:

  1. Terminology shall be changed from “Multi-Family Dwelling” to “Dwelling, Multi-Family, Multiple” (Section 10.2, page 115).
  2. Number of units shall not exceed 10.
  3. Rooms will be 14 x 23 efficiency unit
  4. Parking must be sufficient for the number of units.

 

The motion was seconded by Lavoie. Motion carried.

 

MOTION: Lavoie made a motion to have the clerk send a letter to the Planning Commission to request a bylaw revision to prohibit the initiation of construction under a zoning permit until waste water and potable water permit is issued.

 

Also would like clerk to schedule a meeting with the Planning Commission to discuss waivers and lot coverage. Labarge seconded the motion. Motion carried.

 

MOTION: Manning made a motion to adjourn the meeting at 9:13 pm. Labarge seconded the motion. Motion carried.

 

 

Next meeting is February 21st.

 

Respectfully Submitted,

 

 

Heidi Britch-Valenta

Zoning Board of Adjustment Clerk

 

 

 

__________________________                                            _______________________________

Robert Manning                                                                        John Lavoie 

 

__________________________                                            _______________________________

Lucie Hill                                                                                  Spencer Labarge 

TOWN  OF  SWANTON

PUBLIC HEARING

 SWANTON  ZONING  BOARD  OF  ADJUSTMENT

 

            The Swanton Zoning Board of Adjustment held a Public Hearing on Thursday, January 24, 2008 at the Swanton Town Offices, 1 Academy Street, at  7:00 P.M. to hear the following requests:

 

Present were: Chairman, Robert Manning, John Lavoie, Spencer Labarge, and Lucie Hill. Also present were Ronald Kilburn, Zoning Administrator and Heidi Britch-Valenta, Board Clerk. Gail Bevins was absent.

 

Applicants:                   Andrew and Nancy Leduc

                                    H. D. Campbell

                                    Paul and Tara Fournier

Interested Parties:         Joe Mender

                                    Wayne Bourgeous

 

Manning called the meeting to order at 7:01pm and swore in all that would give attendance. He explained the need for those present to sign in on the appropriate documents to secure their rights as interested parties.

 

1.         CU#360           Conditional Use Request of  The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, a Utah Corporation,  for construction and use of a Place of Worship consisting of a 4,684 sq, ft. church with 43 parking spaces on a 4.5 acre parcel located at 22 Bushey Rd.  Future expansion plans contemplate increasing the building footprint to 5,555 sq. ft. and parking to 62 spaces.  R1 Agricultural/Residential District.

 

Manning explained that the application will be CONTINUED at the request of the applicant.

 

2.         CU#361   Conditional Use Request of Andre & Nancy Leduc to demolish a pre-existing, non-conforming, two-story, two-family apartment building  and replace it with a single-story duplex which meets the proper setbacks. (Two Family Dwelling) at 65 First St.  Neighborhood Commercial Light District.

 

Andy and Nancy Leduc were present to discuss the plan to build a new building further from the road to meet setbacks. Manning pointed out that because it is on the corner lot he will need to have two front setbacks. Present building is 44 ft from center of New Street. Lot size is 80’ x 100’. New building will be 30’ x 70’ Leduc was unable to say if he met the front setback on New Street because it had been considered a side setback, and was not measured beyond 15 ft.  The Leducs left the meeting to measure the setback.

 

Andy and Nancy Leduc returned to the meeting with the measurements. There are 27 ft between the existing buildings. Leduc said he would prefer to build the new building in the original footprint and request a  16 ft variance rather than moving the building back and requesting a 9 ft variance.  Leduc said the building is 17 feet from the sidewalk.

Hill asked about parking. Leduc drew out the proposed parking area which he calculated could hold 4-6  cars.

 

The units will not have a deck but rather will have patio doors on the back with cement pads.

 

Manning asked to have an updated drawing submitted which outlined the new building location, parking, cement pads.

 

3.         CU#362           Conditional Use Request of  Tara Fournier to use an existing structure (Seasonal Retail Store, CU Permit #92-2000) as an organic farmstand/store (Neighborhood Store/Roadside Stand) at  5 Church Road with frontage and access on Vt. Route 78, North River Rd. Shoreland Recreation District.

 

Paul and Tara Fournier were present to explain the plan to run an organic farm stand/ store. Products marketed will be vegetables, fruits, meat, and poultry. No food will be prepared or consumed on site. Site was previously approved as a creemees stand.

 

The lot is 3.5 acres. Building size is 24’ x 12’. Side setback is estimated to be over 100 feet. House and shop are on one lot which cannot be separated.

 

Tara or Paul could not verify that the State had issued a permit for a road curb cut from Route 78. Wayne Bourgeois, adjoining land owner of Swanton Orchard, said that he had seen the state visit the site and approve the driveway. Manning asked Kilburn to check in the file to ensure that there is a record of the approval.

 

Bourgeois said that he is happy that the Fourniers are on the site because they have made the site very attractive by painting, cutting brush, and cleaning up the site.

 

Bourgeois added that he would like to bring the traffic issues in this area to the attention of the board. He said it was by no means a result of the Fournier’s business proposal but the 50 mile an hour zone on this road tends to see vehicles at speeds upwards of 60 mile per hour. Stopping and turning on this road is dangerous. Bourgeois said he may circulate a petition for the area residents to submit to the Selectboard regarding this issue. Adjoining land owner, H.D. Campbell, said he agrees with Bourgeois that the traffic is very bad in this area.

 

There was a question as to the type of septic on this site. It was determined that there was a new septic system installed by the previous owners.

 

4.         CU#363           Conditional Use Request of H. D. Campbell IV to convert the existing Blue Ford Motel into a Multi-Family Dwelling of ten (10) units on a ten-acre parcel located at 325 North River Rd.  Neighborhood Commercial District.

 

H. D. Campbell was present to explain his plan. The lot size is 9.70 acres. Frontage on the road is 400’.  10 units at 14’ x 23’ sq ft rooms for rent. Building has more than adequate setbacks from road and boundaries.

 

The Board discussed whether this could be described as a multi-family dwelling. The term Dwelling, Multi-Family, multiple was found to be more accurate.

 

Campbell estimated that he has 50 parking spaces for this site. The Board found this sufficient.

 

The Board had no further questions and there were no interested parties in attendance.

 

DELIBERATIVE SESSION

MOTION: Labarge made a motion to go into deliberative session at 8:25 pm; Seconded by Lavoie. Motion carried.

 

MOTION: Labarge made a motion to come out of deliberative session at 8:55; seconded by Lavoie. Motion carried.

 

MOTION: Lavoie made a motion to TABLE CU#360 Conditional Use Request of The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, a Utah Corporation, for construction and use of a Place of Worship consisting of a 4,684 sq, ft. church with 43 parking spaces on a 4.5 acre parcel located at 22 Bushey Rd in R1 Agricultural/Residential District for a period not to exceed 12 months. Labarge seconded the motion. Motion carried. 

 

MOTION:      Lavoie made a motion to TABLE CU#361   Conditional Use Request of Andre & Nancy Leduc  to demolish a pre-existing, non-conforming, two-story,  two-family apartment building  and replace it with a single-story duplex which meets the proper setbacks. (Two Family Dwelling) at 65 First St.  Neighborhood Commercial Light District until the Applicant can submit a drawing of the site outlining the building, parking, and cement pads prior to February 21st.Labarge seconded the motion. Motion carried.

 

MOTION: Hill made a motion to APPROVE CU#362 Conditional Use Request of  Tara Fournier to use an existing structure (Seasonal Retail Store, CU Permit #92-2000) as an organic farm stand /store (Neighborhood Store/Roadside Stand) at  5 Church Road with frontage and access on Vt. Route 78, North River Rd. Shoreland Recreation District. APPROVAL IS CONTINGENT UPON COMPLIANCE WITH THE FOLLOWING CONDITIONS:

  1. 16 Parking spaces must be provided for customers.
  2. Entrance and exit must prevent traffic from backing onto Route 78.
  3. Submittal of driveway curb cut approval from the State for curb cut from Route 78 or from the Town for access from Church road.  ( no record of curb cut approval was found in file)
  4. Hours of operation will be from 11am to 7pm from May 1 to October 30.
  5. The permit is for the existing building with no changes

 

Lavoie seconded the motion. Motion carried.

 

MOTION: Labarge made a motion to APPROVE      CU#363 Conditional Use Request of H. D. Campbell IV to convert the existing Blue Ford Motel into a Multi-Family Dwelling of ten (10) units on a ten-acre parcel located at  325 North River Rd in Neighborhood Commercial District. CONTINGENT UPON COMPLIANCE WITH THE FOLLOWING CONDITIONS:

  1. Terminology shall be changed from “Multi-Family Dwelling” to “Dwelling, Multi-Family, Multiple” (Section 10.2, page 115).
  2. Number of units shall not exceed 10.
  3. Rooms will be 14 x 23 efficiency unit
  4. Parking must be sufficient for the number of units.

 

The motion was seconded by Lavoie. Motion carried.

 

MOTION: Lavoie made a motion to have the clerk send a letter to the Planning Commission to request a bylaw revision to prohibit the initiation of construction under a zoning permit until waste water and potable water permit is issued.

 

Also would like clerk to schedule a meeting with the Planning Commission to discuss waivers and lot coverage. Labarge seconded the motion. Motion carried.

 

MOTION: Manning made a motion to adjourn the meeting at 9:13 pm. Labarge seconded the motion. Motion carried.

 

 

Next meeting is February 21st.

 

Respectfully Submitted,

 

 

Heidi Britch-Valenta

Zoning Board of Adjustment Clerk

 

 

 

__________________________                                            _______________________________

Robert Manning                                                                        John Lavoie 

 

__________________________                                            _______________________________

Lucie Hill                                                                                  Spencer Labarge