Town of Bolton
3045 Theodore Roosevelt Highway
Bolton VT 05676
802-434-5075
September 18, 2002
Development Review Board members present: Rob Heimbuch, Mike Rainville, Chair, and Greg Swan
Development Review Board members absent: Ken Richardson, Susan Vita
Substitute for Clerk: Amy Rubin
Also present: Ada Brean, Harvey Lawrence
1. Appeal of Ada Brean seeking a variance from Section 3, subsection D; Dimensional Requirements for permission to install a twenty-seven (27) foot diameter above ground swimming pool to within four and one half (41/2) feet of the westerly side yard on a property located at 40 Boulder Wood Lane
2. Minutes May 22, 2002.
3. Any other business or communication.
4. Adjournment.
Mike Rainville called the hearing to order at 7:00 p.m.
This hearing was convened to consider the appeal of Ada Brean, who is seeking a variance from Section 3, subsection D; Dimensional Requirements for permission to install a twenty-seven (27) foot diameter above ground swimming pool to within four and one half (41/2) feet of the westerly side yard on a property located at 40 Boulder Wood Lane
Ada Brean appeared on behalf of the application.
Mike Rainville swore in Ms. Brean.
Ms. Brean stated that she had originally instructed installers to place the pool farther from the line, but they found big rocks. Ms. Brean stated that the installers then chose a place that was the only viable option, because they would have to dig very deep elsewhere. Ms. Brean stated that when she discovered that the installers had moved the site and were well into the project, she discussed it with Dick Ward, who said it was okay. Ms. Brean stated that the pool is approximately 4.5 feet from the set back. Ms. Brean stated that her neighbors were unopposed and had submitted notes to this effect.
Mike Rainville confirmed that notices had been received and that the neighbors were not present.
Harvey Lawrence then arrived, at 7:04 p.m.
Mike Rainville swore in Mr. Lawrence.
Mr. Lawrence stated that he did not object to Ms. Brean being granted the variance as long as there is still room for the propane truck to get through. Mr. Lawrence asked if there were any public safety requirements for pool installation.
Mike Rainville stated that the Board’s concern is the footprint only.
Mr. Lawrence reiterated that he didn’t object to Ms. Brean’s variance request, but expressed concern about the long-term environmental and aesthetic implications of an ongoing practice of granting variances after work has already been initiated or completed on various projects. Mr. Lawrence also expressed concern that some Bolton property resale values may be at risk because he was concerned that some Bolton properties might be receiving lower appraisals than similar properties in nearby towns.
Mike Rainville stated that the discussion needed to focus on Ms. Brean’s request for approval of the location of the pool. Mr. Rainville asked Mr. Lawrence if he was saying that Ms. Brean’s pool location would devalue Mr. Lawrence’s property. Mr. Lawrence replied that he was not. Mr. Lawrence explained that he was providing input to the Board. Mr. Lawrence also stated that projects other than Ms. Brean’s have proceeded without permits posted and asked for clarification about the protocol in such an instance.
Mr. Rainville recommended that Mr. Lawrence notify the Town Clerk or the Zoning Administrator. Mr. Rainville gave an overview of Bolton’s variance policies and affirmed the importance of Mr. Lawrence’s feedback on variance approval practices. Mr. Rainville asked if there were any more comments.
Ms. Brean and Mr. Lawrence each told of their own past experiences of finding zoning compliance demanding. Mr. Lawrence expressed concern for his property value, his neighborhood and the town because he felt that compliance was more strictly required in the past. Mr. Lawrence stated that he hoped that the Board could address these issues. Ms. Brean expressed concern about the financial and time costs of the current compliance process.
Rob Heimbuch made a motion to accept the minutes of May 22, 2002.
Greg Swan seconded the motion.
All were in favor.
Rob Heimbuch stated that the Board would discuss a skating rink in October.
The hearing was adjourned at 7:30 p.m.
Amy Rubin
Substituting for Clerk, Development Review Board
These minutes are unofficial until accepted.
These minutes were read and accepted by the Development Review Board on
________________________, 2002.
______________________
Michael Rainville, Chair