BARRETOWN
ZONING BOARD OF ADJUSTMENT
MEETING OF APRIL 19, 2006
The Chairperson, Paul Malone, called the BarreTown Board of Adjustment public hearing held at the MunicipalOfficeBuilding on Wednesday, April 19, 2006 to order at 7:03 p.m. The Zoning Administrator and interested parties were sworn in.
Board Members Present:
Paul Malone, Chair
Richard Jensen
Mike Gallo
Board Members Absent:
Paul Badger
Mark Reaves
Staff Members Present:
Chris Violette - Zoning Administrator
Others Present:
Jeff Gagne
Tammy Cookson
Board Secretary:
A. WARNED HEARINGS:
STAFF REPORT
REVIEW COMMENTS FROM CHRIS VIOLETTE, ZONING ADMINISTRATOR
Request by Jeffrey Gagne for a 3’ variance from side yard setback for the purpose of extending living space on property located 38 Baptist Street; Tax Map 017, lot 003.00; Zoned: RES A. (V-06000002)
Applicant: Jeffrey Gagne
Date: April 14, 2006
This is a request for a 3’ variance of side yard setback so that the applicant may build a 12’x24’ addition to the side of their house. As the house exists today it is 21’ from the right property line. The addition will leave it only 9’ from the line where 12’ is required.
This is a narrow lot and assuming the five variance criteria can be met, I don’t see a problem with issuing this variance.
DISCUSSION:
Paul Malone – Asked Mr. Gagne the 5 Criteria Questions
1. Are there unique physical circumstances or conditions as to:
a. Irregularity, narrowness or shallowness of lot size or shape; or
b. Exceptional topography or physical conditions peculiar to a particular property; or
c. Unnecessary hardship due to above?
Mr. Gagne – Yes
2. Are there physical circumstances or conditions that prevent conformity to zoning regulations; And, a variance is necessary to enable “reasonable use” of the property?
Mr. Gagne – Yes
3. Is it true that no unnecessary hardship was created by the applicant?
Mr. Gagne – Yes
4. Is it true that a variance will not:
a. Alter the essential character of the neighborhood?
b. Substantially or permanently impair appropriate use or development of adjacent property?
c. Reduce access to renewable energy sources?
d. Be detrimental to the public welfare?
Mr. Gagne – Yes
5. Is it true that the variance represents the minimum deviation from regulation and plan to provide relief?
Mr. Gagne – Yes
MOTION & RECOMMENDATION:
On a motion by Mr. Jensen, seconded by Mr. Gallo, the Board voted to approve the request by Jeffrey Gagne for a 3’ variance from side yard setback for the purpose of extending living space on property located at 38 Baptist Street; Tax Map 017, lot 003.00; Zoned: RES A. (V-06000002)
CONDITIONS Yes___ No X
MOTION BY: JENSEN
SECOND BY: GALLO
ROLL CALL:
Paul Malone YES Mark Reaves ABSENT
Dick Jensen YES Mike Gallo YES
Paul Badger ABSENT
STAFF REPORT
REVIEW COMMENTS FROM CHRIS VIOLETTE, ZONING ADMINISTRATOR
Request by Scott & Tammy Cookson for a 12’ variance from the town right-of-way for the purpose of constructing a new single-family dwelling on property located at 320 East Cobble Hill Road; Tax Map 007, lot 045.01; Zoned: RES C. (V-06000003)
Applicant: Scott & Tammy Cookson
Date: April 14, 2006
This is a request for a 12’ variance of right-of-way setback so that the applicants may remove an existing home and place a newer one in its place. The problem here is that a terrain issue behind the existing house won’t allow the new house to be placed back far enough and include a 7’ wide entry (mudroom) on the front of the house. The home that they are locating here is setup with the entry and is basically designed for it. Fitting the existing deck to the rear and utilizing the entry will place the structure 38’ from the edge of the road right-of-way. Thus, a 12’ variance is needed due to the fact this is a residential C zone which requires a 50’ setback.
I do not think that this request, if granted, will have a major effect of the surrounding area. This area is proposed to change to res A standard with the rewrite anyway. Assuming the five criteria can be met I don’t see a problem in granting this request.
DISCUSSION:
Paul Malone – Asked Ms. Cookson the 5 Criteria Questions
1. Are there unique physical circumstances or conditions as to:
a. Irregularity, narrowness or shallowness of lot size or shape; or
b. Exceptional topography or physical conditions peculiar to a particular property; or
c. Unnecessary hardship due to above?
Ms. Cookson – Yes
2. Are there physical circumstances or conditions that prevent conformity to zoning regulations; And, a variance is necessary to enable “reasonable use” of the property?
Ms. Cookson – Yes
3. Is it true that no unnecessary hardship was created by the applicant?
Ms. Cookson – Yes
4. Is it true that a variance will not:
a. Alter the essential character of the neighborhood?
b. Substantially or permanently impair appropriate use or development of adjacent property?
c. Reduce access to renewable energy sources?
d. Be detrimental to the public welfare?
Ms. Cookson – Yes
5. Is it true that the variance represents the minimum deviation from regulation and plan to provide relief?
Ms. Cookson – Yes
MOTION & RECOMMENDATION:
On a motion by Mr. Gallo, seconded by Mr. Jensen, the Board voted to approve the request by Scott & Tammy Cookson for a 12’ variance from the town right-of-way for the purpose of constructing a new single-family dwelling on property located at 320 East Cobble Hill Road; Tax Map 007, lot 045.01; Zoned: RES C. (V-06000003)
CONDITIONS Yes___ No X
MOTION BY: GALLO
SECOND BY: JENSEN
ROLL CALL:
Paul Malone YES Mark Reaves ABSENT
Dick Jensen YES Mike Gallo YES
Paul Badger ABSENT
B. APPROVAL OF MINUTES:
On a motion by Mr. Jensen, seconded by Mr. Malone, the Board voted to approve the minutes from the February 15, 2006 Board of Adjustment meeting.
On a motion by Mr. Jensen, seconded by Mr. Malone, the Board voted to approve the minutes from the February 22, 2006 Board of Adjustment meeting.
C. CORESPONDENCE & MISCELLANEOUS:
D. EXECUTIVE SESSION:
E. ROUND TABLE:
F. ELECTION OF OFFICERS:
G. ADJOURN:
On a motion Mr. Jensen, seconded by Mr. Gallo, the Board voted to adjourn the Board of Adjustment meeting at 7:16 p.m.