Town of Bolton
3045 Theodore Roosevelt Highway
Bolton VT 05676
802-434-5075
Development Review Board members present: Sharon Murray, Chair, Margot Pender, Mike Rainville, Ken Richardson, Vice Chair, Susan Vita
Development Review Board members absent: None
Clerk: Amy Grover
ZAO: Dick Ward
Also present: Jerry Chabot, DRB Alternate, Clayton and Judith Bergeron, applicants
1. Variance Application – Clayton and Judith Bergeron, applicants
2. Deliberative Session – Bergeron
3. Deliberative Session – Findings and Decision – MODC, Fries, agent
4. Rules of Procedure
5. Minutes – July 6, 2005
6. Any other business or communications
7. Adjournment
Call to Order
The hearing was called to order at 7:04 p.m., by Sharon Murray, Chair.
Agenda Item #1 – Variance Application – Clayton and Judith Bergeron, applicants
Sharon Murray read the public hearing notice. This public hearing was convened to consider the request of Clayton and Judith Bergeron, applicant/landowner, seeking a variance, Section 9.6, from Section 2.3, Table 2.5 RII District, (D), Dimensional Requirements of the Bolton Land Use and Development Regulations. Request approval to construct a two story, two car garage within fifteen (15) feet of the side yard, fifty (50) foot side yard required. Tax Map #2, Parcel ID #0042699, 2749 Notch Road, Bolton VT.
Sharon Murray noted that:
· A quorum of the DRB was present, 5 members.
· There was no conflict of interest, or ex parte communication of the members present.
· Adjoining/abutting landowners had been notified by mail of the variance application by the Bergerons, the public hearing date and time, and information regarding “interested person” status.
· The Bergerons met the criteria for interested person status.
· The variance reflected an appeal of a decision by the Bolton Zoning Administrator, permit denied because of failure to meet the setback requirements in the RII District.
· The Bergerons had the right to appeal the decision of the DRB to Environmental Court.
· The DRB had received a packet from the Bergerons, which included the two page Bolton/DRB application form, a site map, and a sketch of the proposed garage.
Sharon Murray reviewed the variance criteria under Article IX, Section 9.6 of the Bolton Land Use and Development Regulations.
Sharon Murray administered the oath to Clayton and Judith Bergeron.
Sharon Murray asked the Bergerons to review their application for the DRB. Clayton and Judith Bergeron stated that:
· The proposed garage is 26’ X 30’, and would be a two story, two-car garage.
· The garage would be detached from the house by approximately 10’.
· There would be no connection to the house.
· They are limited in the placement of the garage because of the septic site, the placement of the house on the lot, the placement of the bedrooms in the house, and the steep topography of their lot, which drops off quickly behind the house.
· From the front of the house to the back, there is an 8’ drop.
· The house, which is 4 years old, just meets the 50’ side yard setback requirement.
· The engineer who designed the septic system created the building envelope for the house.
· Their lot is a two-acre pre-existing non-conforming lot; current minimum lot size in the RII District is 10 acres.
Questions and Comments
Ken Richardson asked if there were any objections to the garage from the adjoining landowners. Clayton Bergeron replied no, the adjoining landowners had no objections, and that he had spoken with the landowners before filing an application. Clayton noted that Russ Campbell’s barn next door did not meet the side yard setback requirements.
Sharon Murray asked if not having a garage would present a hardship. The Bergerons replied yes, as they did not have a full size basement, were very limited in storage space, and needed the space for vehicle, equipment, and toy storage, as well as a possible woodworking shop. Sharon noted that the DRB could only allow for the minimum variance and asked if the size could be reduced to a one-car garage. Judith replied yes, but that would eliminate the storage space that they needed. Sharon asked if the distance between the house and the garage could be reduced. Clayton replied that because of how the house roof sheds snow in the winter (toward the garage site), the garage could not be moved closer.
Sharon Murray asked if the second story would be used for storage. The Bergerons replied yes, and Clayton added that the second story was only a half story. Margot Pender asked if the second story would be used for living space. Clayton replied no, only for storage or maybe a woodworking shop.
Jerry Chabot asked if the garage could be spun around creating more of an L shape with the house. The Bergerons replied that then they would not meet the front yard setback requirement.
Mike Rainville presented photos to the DRB of the site visit he had made. Mike stated that it was obvious at the site that a garage was intended to be placed in the level area.
Margot Pender asked if the garage was about the same size as the house. Clayton Bergeron replied, yes, almost.
Mike Rainville asked if the same setback requirements were in place 4 years ago when the house was built. Sharon Murray replied yes, that when the permit for the house was issued, the Bergerons should have then been made aware of the setback requirements. Judith stated that the engineer had designated the house site. Sharon stated it was unfortunate that the house site was not moved over.
Mike Rainville asked if the Bergerons had the original septic plans. The Bergerons stated that the site map they had provided to the DRB was traced directly over the original plan. The DRB and the Bergerons reviewed the site map, the placement of the septic and house, and other options for the garage site. Jerry Chabot stated that his lot had similar topography with similar challenges for adding a garage, and that he had built a garage with a walk out basement. Jerry invited the Bergerons to look at his garage.
Sharon Murray noted that variance criteria #2 states that the variance is necessary to enable reasonable use of the property, adding that the Bergerons already have reasonable use, and that all the criteria needed to be justified.
Susan Vita asked if the garage site could be moved to the left rear of the house. Judith Bergeron stated that windows and chimney were in that area. Susan asked if a carport could be built instead. Sharon Murray noted that would still require a variance. Judith Bergeron noted that a carport would not afford the storage space needed. Clayton Bergeron stated that if the garage were to be angled, then the variance would be for 22’ instead of 15’ side yard setback.
Sharon Murray asked the DRB if there were any further questions or comments. There were none. Sharon asked the Bergerons if they had any further questions or comments. The Bergerons stated that they could reduce the size of the garage to 24’ instead of 26’, make the pitch on the roof of the garage go the opposite way from the house to move the garage 2’ closer to the house, and request a variance for a 24’ side yard setback.
Sharon Murray made the motion to close the hearing. Margot Pender seconded the motion. All were in favor, motion carried. Sharon noted that the DRB had 45 days to issue their decision, but would try to expedite the decision. The hearing was closed at 7:29 p.m.
Agenda Item #2 –Deliberative Session – Bergeron Variance
Sharon Murray made the motion to enter deliberative session for the Bergeron Variance. Mike Rainville seconded the motion. All were in favor, motion carried.
Sharon Murray made the motion to close the Bergeron deliberative session. Susan Vita seconded he motion. All were in favor, motion carried.
Mike Rainville made the motion to approve the request of Clayton and Judith Bergeron, applicant/landowner, seeking a variance, Section 9.6, from Section 2.3, Table 2.5 RII District, (D), Dimensional Requirements of the Bolton Land Use and Development Regulations, with the following condition:
· Variance approval is for a side yard setback of 24’, and not the requested 15’.
Ken Richardson seconded the motion. Four ayes, and one nay, motion carried. Sharon Murray noted that her vote was nay, as she did not feel that the hardship requirement had
Been met.
Agenda Item #3 –Deliberative Session – Findings and Decision – Conditional Use Application, MODC, Bob Fries, agent
Sharon Murray made the motion to enter deliberative session for the Findings and Decision, Conditional Use Application, MODC, Bob Fries, agent. Ken Richardson seconded the motion. All were in favor, motion carried.
Sharon Murray made the motion to close the MODC deliberative session. Ken Richardson seconded he motion. All were in favor, motion carried. 8:40 p.m.
Sharon Murray made the motion to approve the findings and decision, with conditions, of the Conditional Use Application: Bolton Valley Lift Replacement, MODC, as amended. Ken Richardson seconded the motion. All were in favor, motion carried.
Agenda Item #4 – Rules of Procedure
Margot Pender made the motion to approve the DRB Rules of Procedure, as amended and dated June 2005. Ken Richardson seconded the motion. All were in favor, motion carried.
Agenda Item #5 - Minutes July 6, 2005
Sharon Murray made the motion to approve the minutes of June 15, 2005. Ken Richardson seconded the motion. All were in favor, motion carried.
Agenda Item #5 - Other business or communications
Dick Ward noted that Redstone/Bolton Valley would be placed on the August 17th agenda for the wedding pavilion.
Amy Grover noted that Matt Moore from the GMC had called and was hoping that the survey would be completed in time to allow him to be placed on the August 17th agenda for final GMC/Stevens subdivision approval.
Agenda Item #6 – Adjournment
Meeting adjourned at 8:55 p.m.
Amy Grover
Clerk, Development Review Board
These minutes are unofficial until accepted.
These minutes were read and accepted by the Development Review Board on
________________________ , 2005
_____________________________
Sharon Murray, Chair and/or
Ken Richardson, Vice Chair
Mike Rainville, Vice Chair elect