Zoning Board of Appeals Meeting Minutes 7/15/19
ZBA Hearing Meeting Minutes
Date: 7/15/19
Hearing began at: 2:10pm
Members Present: Stanley Ross, Scott Jenssen, Susan Cooper, Acting Chair and Gary Shaw
Also present: Jeremia Pollard, Town Counsel, Alexandra Glover, Don Torrico, Jon Levin, Paula Hartstein, Kathleen Triem, Joe and Kathleen Wasiuk, Nancy Monk, Spencer Noel, Jane Allen, Keith Rosebrock
The Board and Counsel recapped the purpose of today’s meeting and reminded everyone that the public hearing was not closed at the last meeting. The Board also explained that the 5th member, alternate Ian Jenkins had to resign from the Board due to health reasons.
Attorney Ferris, representative for the applicant Kathleen Triem sent new information earlier today and presented this to the Board. Charlie argued that the structure has existed for over 10 years and no action has ever been taken against this structure during that time. Charlie argued that the town has been on notice since 1985 that this property was going to be used as a 1 bedroom dwelling.
The applicant maintains that the 2 lots did not merge however they are under common control and when the PB endorsed the plan the imposed restrictions of which the town was the beneficiary.
Alexandra Glover, Attorney for Nancy Monk rebutted the new evidence presented by Attorney Ferris as well as an email from the prior owner regarding the property in question and what the structure had been used for.
If one of the components (eating, sleeping or cooking space) were to be removed it would then be considered an accessory sleeping unit instead of a single family dwelling,
A motion was made to close the public hearing and begin the deliberative phase. These motion was seconded and unanimously approved.
Ms. Glover was asked how her client would feel about the lots being combined as one and only used as an accessory sleeping unit. Ms. Glover was unprepared to make a settlement at this time.
The Board reviewed the draft findings prepared by counsel. The proposed findings (32) were read and discussed for approval. Item #31 was deleted unanimously.
A motion was made to adjourn the meeting which was seconded and approved unanimously at 4:27pm
Submitted by
Melissa Noe, Administrative Assistant