TOWN OF BOLTON

DEVELOPMENT REVIEW BOARD

 

NOTICE OF DECISION

 

           This matter came before the Development Review Board (DRB) on the application of Charles and Susan Rooney (Applicant/Landowner) for a variance from Bolton Zoning Ordinance Article III, Section 1 (D), Dimensional Requirements, pursuant to Bolton Zoning Ordinance Article IV, Sec. 3, Appeals and Variances.  Applicant requests a variance to relieve the rear yard setback of 25’ to allow construction of an 18’ x 22’ two-story garage to within ten (10) feet of the rear yard.

           The DRB conducted a duly-warned public hearing on February 20, 2002.  Present at this hearing was Applicant, Charles Rooney.  Based upon the testimony provided at the hearing and submission of documents for this application, the DRB finds, concludes and decides as follows:

          

FINDINGS OF FACT

 

           1.  Applicants own a parcel of land situated at 3017 Theodore Roosevelt Hwy. in the Town of Bolton, identified as Tax Map I.D. No. 15-2024.

           2.  Applicants request a variance to allow construction of an 18’ x 22’ two-story garage to within ten (10) feet of the rear yard.

           3.  Applicants’ parcel of land is located in Village I District, Town of Bolton.

           4.  Applicant stated that access to the proposed garage would traverse abutting  property owned by the railroad.

 

CONCLUSIONS

 

           1.  Applicants’ property is situated in Village I District as defined in Bolton Zoning Ordinance Article III, Section 1.

           2.  Variances may be granted if they meet the standards as set forth in Article IV, Section 3 of the Bolton Zoning Ordinance.

           3.  Pursuant to Article IV, Section 3(1) of the Zoning Ordinance, this Board must determine if there are unique circumstances or conditions and that unnecessary hardship is due to such conditions.  The DRB concludes that hardship is created due to the configuration of the lot and location of existing buildings.

           4.  Pursuant to Article IV, Section 3(2), this Board must determine that because of such physical circumstances, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning regulation and that the authorization of a variance is necessary to enable reasonable use of the property.  The DRB concludes that

the proposed garage cannot be situated to meet the regulations and that the authorization of a variance is necessary to enable the reasonable use of the property.

           5.  Pursuant to Article IV, Section 3(3), this Board must determine that the unnecessary hardship has not been created by the Applicant.  The DRB concludes that the hardship is created by the lot configuration and not by the Applicant.

           6.  Pursuant to Article IV, Section 3(4), this Board must determine that the variance, if authorized, will not alter the essential character of the neighborhood, substantially or permanently impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, nor be detrimental to the public welfare.  The DRB concludes that this variance will not alter the essential character of the neighborhood, impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, nor be detrimental to the public welfare.

           7.  Pursuant to Article IV, Section 3(5), this Board must determine that the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the Bolton Zoning Ordinance and the Town Plan.  The DRB concludes that this variance will afford relief with the least deviation possible from the Bolton Zoning Ordinance and the Town Plan.

          

DECISION AND CONDITION 

 

           Based upon the Findings and Conclusions set forth above, the DRB unanimously approves the Applicants’ request for a variance with the following condition:

 

           Applicants are required to secure approval from the abutting

           landowner, Central Vermont Railway, to traverse property owned

by Central Vermont Railway.

 

           Approved by the DRB on February 20, 2002, and issued on ________________, 2002.

 

 

 

 

 

                                                                 ______________________________

                                                                 Michael Rainville, Chair

 

 

Members present and voting in favor:  Michael Rainville, Shirley Zundell, Rob Heimbuch and Susan Vita.

 

 

 

 

                                                                 ______________________________

                                                                 Shirley Zundell, Co-chair

 

Members present and voting in favor:  Michael Rainville,