TOWN OF NORTH HERO, Board of Adjustment

Meeting of Thursday, August 17, 2006 at the North Hero Elementary School

BOA Members Present: Chip Porter, Chair; Mary Jane Healy, Ken Basset, Eileen Mitchell, Bart Wilcox, Alison Rogers, Ed Norris, Henry Hutchins, Jack Miller, Cheryl Vantine ,clerk

Applicants in Attendance: John & Maureen Henry, Mary Dow & Laura Lynch, Richard & Mary Robert, Claude & Mary Viens, James & Nancy Roberts

Others in Attendance: Jack Miller, Amy Bradford, Jim & Sally Brabham, Ken & Darlene DeHart.

1. Minutes from July 20, 2006 meeting minutes were approved.

2. The North Hero Board of Adjustment heard John & Maureen Henry’s Application 4549A. Mr. and Mrs. Henry were sworn in. The hearing was conducted in accordance with, as per 24 VSA §4469, for a Variance, and North Hero Zoning regulations: 376. This permit is a request for a variance of 7 ft. from the adjourning property owner. The existing accessory structure will be removed and replaced by a garage of up to 18 X 36 ft. with a 7ft. variance. On a roll call vote, the application was approved by all but two members.

3. The North Hero Board of Adjustment heard Mary Dow’s Application 4552A. Ms. Dow and Ms. Lynch were sworn in. The hearing was conducted in accordance with, as per 24 VSA §4469, for a Variance, and North Hero Zoning regulations. This permit is a request for a variance for an attached garage. Ken and Darlene Dehart were concerned that the permit was being discussed when the garage was never intended to be built, since the house is for sale. After discussion it was determined that it was appropriate to proceed. The attached garage will be a normal, one car, single story 16 x 20ft. with a 3 ft. variance. On a roll call vote, the application was approved by all members.

4. The North Hero Board of Adjustment heard Richard & Mary Robert Application 4561A. Mr. & Mrs. Robert were sworn in. The hearing was conducted in accordance with, as per 24 VSA §4414, for conditional use, and North Hero Zoning regulations. This permit is a request for a change of use for a year round residence. On a roll call vote, the application was approved by all members.

5. The North Hero Board of Adjustment heard Claude & Mary Viens Application 4562A. Mr. & Mrs. Viens were sworn in. The hearing was conducted in accordance with, as per 24 VSA §4414, for conditional use and North Hero Zoning regulations: 503E. This permit is a request for a variance/conditional use to add a shed. After discussion it was determined that a conditional use for a 90 square ft. addition to the shed with a minimum of 8 ft. setbacks from the property line. On a roll call vote, the application was approved by all members. The second part of the hearing was conducted in accordance with, as per 24 VSA §4414, for conditional use and North Hero Zoning regulations: 503F. This permit is a request for a variance/conditional use to enlarge a deck. The deck will come within 22ft. of the property line, and does not project beyond the bank and does not project by either of the adjacent structures and it will be an open structure. On a roll call vote, the application was approved by all members.

6. The North Hero Board of Adjustment heard James & Nancy Roberts Application 4570A. Mr. & Mrs. James & Nancy Roberts were sworn in. The hearing was conducted in accordance with, as per 24 VSA §4412, for conditional use and North Hero Zoning regulations: 240. This permit is a request for a variance/conditional use to add a shed. The 16 X20 shed will meet all setbacks. On a roll call vote, the application was approved by all members.

7. Bart moved the meeting be adjourned and was seconded by Eileen. All were in favor.

Meeting of Thursday, June 8, 2006 at the North Hero Elementary School

BOA Members Present: Chip Porter, Chair and acting Clerk; Mary Jane Healy, Henry Hutchins, Ken Basset, Eileen Mitchell, Allison Rogers, Bart Wilcox

BOA Members Absent: Ed Norris

Applicants in Attendance: Philip Pelletier, Douglas Frazier, Richard Jamieson, Jeff Sikora, Elizabeth Manfredi, Donald Mashtare, Norma Mashtare, and Donna Mac Donald

Others in Attendance: Connie Jameson, David Bray and Lynn Johnston

1. The new member, Allison Rogers was introduced. She will serve as an alternate at times when a member is absent or is recused.

2. The North Hero Board of Adjustment heard Philip Pelletier's Application 4523A. Mr. Pelletier was sworn in. The hearing was conducted in accordance with, as per 24 VSA §4414(3), for conditional use, and North Hero Zoning regulations: 502. This permit is a request for a garage. The lot is approximately 0.74 acres, with 300 x an average of 90 feet wide in dimension. Structures include a one story dwelling, with two porches attached to the dwelling include: a porch which extends across the front, and one rear 20 x 4 foot porch. There is an accessory 8 x 12 foot shed. A Conditional Use for Year Round Use has not been granted. Specific Findings included that a 24 x 24 foot garage is proposed. The shed is to be removed. The proposed garage meets all set backs. On a roll call vote, the application was approved by all members.

Mr. Pelletier closed his hearing with a comment that his application was, in his opinion, unnecessary and reflected wrong policy. The Board advised him that the provision which had caused him to make an application had been removed from the new By-laws.

3. The Board then heard application 4526A in the hearing of Douglas Frazier. Mr. Frazier was sworn in. The hearing was conducted in accordance with, as per 24 VSA §4414(3), for conditional use, and North Hero Zoning regulations 503C. This permit is a request for an enclosed porch on a lot of approximately 0.25 acres, with 75 x 150 dimensions. Structures include a one story three bedrooms dwelling. Porches attached to the dwelling include: one 12 x 16 foot porch in the front, two small 3 x 5 storage sheds, and one 12 x 12 shed. A Conditional Use for Year Round Use has not been granted. A 14 x 12 enclosed foot porch is proposed to the front of the building, but will be too close to the lake. A setback by conditional use is required, using the existing front of the dwelling. The standards of 503 C are met. On a roll call vote, the application was approved by all members.

4. On June 8, 2006, the North Hero Board of Adjustment, with regard to Application 4527A in the hearing of Richard Jamieson. Mr. Jameison was sworn in. The hearing was conducted in accordance with, as per 24 VSA §4414(3), for conditional use, and North Hero Zoning regulations 502. This permit is a request for a screened porch. The lot is approximately 1.0 acres, with dimensions of 100 x 450 (ave). Structures include a one story with a 12 x 20 open deck in front and two side porches, with an accessory garage of 24 x 24. A Conditional Use for Year Round Use has not been granted. A 20 x 10 screened porch is proposed. The proposed porch meets all set backs. On a roll call vote, the application was approved by all members.

5. The Board heard Application 4536A in the hearing of Gail Stearns, as per 24 VSA §4414(3), for conditional use. The owner Gail Sterns was represented by Jeff Sikora acting as agent. Elizabeth Manfredi presented the application as the potential buyer. Mr. Sikora and Ms. Manfredi were sworn in. The hearing was conducted in accordance with , as per 24 VSA §4414(3), for conditional use, and North Hero Zoning regulations North Hero Zoning Regulation 240 which requires a conditional use permit for development on Butler Island. This permit is a request for a dwelling and an accessory structure. The lot is approximately 0.46 acres, with dimensions of 100 by 200 feet. Currently there are no structures on the lot. A 24 x 30 foot dwelling with a 12 foot exterior open porch around the outside of 500 feet is proposed and an outhouse. The proposed development meets all set backs from the lake and adjacent lots. On a roll call vote, the application was approved by all members.

6. The North Hero Board of Adjustment heard application 4531A in the hearing of Donald and Norma Mashtare, as per 24 VSA §4414(3), for conditional use. Donald and Norma Mashtare, and Donna Mac Donald were sworn in. The hearing was conducted in accordance with, as per 24 VSA §4414(3), for conditional use, and North Hero Zoning regulations 470, 230. This permit is a request to relocate one of the seasonal housekeeping cottages. The lot is approximately 4.2 acres, with 325 feet of frontage on Route 2, a strip of land between Route 2 and the lake, and an average of 660 feet in depth. Pre-existing non-compliance includes: two dwellings, two accessory structures of 18 x 34 and 8 x 14, and four seasonal housekeeping cottages, and two seasonal overnight cottages. The homestead dwelling is a two story, with three bedrooms. Porches attached to the dwelling include: one 10 by 24 and one 8 foot front porch of three sections totaling approximately 38 feet. The second dwelling is a one story, with two bedrooms with an attached 8 x 12 open deck. Existing permits include a permit issued on March 21, 1996, and a permit issued on September 18, 2003.

One of the seasonal housekeeping cabins, a 24 x 24 structure with an 8 foot wide roofed screened porch which extends across the front of the building, is proposed to be moved to the rear of the lot. A driveway to the new location will connect to the driveways near the homestead and will not require a curb cut. A replacement septic system will be installed and the cottage will continue to be on Town water.

The current use as a seasonal dwelling is to be continued, and the size of the building will not be increased. Either the cabin or the porch may either be moved or replaced with new construction. The new location of the cottage will meet all setbacks. The cottage will continue to be used seasonally from April 15 to November 15. A request for the cottage to be used year round shall require a new permit, including if required a Planned Unit Development which, under current regulations, would involve a joint application to the Planning Commission and the Board of Adjustment and would require an approved site plan. On a roll call vote, the application was approved by all members.

7. In other business, the Board briefly discussed meeting times and agreed to return to the third Thursday of the month.

8. The Chair requested that an executive session be called to discuss personnel matters. A series of interviews for a new clerk has been scheduled. Bart moved that we go into executive session and was seconded by Mary Jane. The Board then went into executive session. The executive session ended with no formal action needed.

8. Bart moved the meeting be adjourned and was seconded by Henry. All were in favor.

Board of Adjustment Meeting Minutes 2005

JULY14, 2005

TOWN OF NORTH HERO
BOARD OF ADJUSTMENT MEETING
THURSDAY, JULY14, 2005

Members Present:Chairman Chip Porter, Vice -Chairman Bart Wilcox, members Mary Jane Healy,
Eileen Mitchell and Henry Hutchins

Absent:Ken Bassett and Ed Norris

Officers:Marcia Barry, Clerk and Jack Miller, zoning Administrator

Guests & Interested Parties:Courtney Fisher representing applicants
Walter Blasberg, Robert Camp (Hero's Welcome, Inc.) and Ethan Pearson,
applicants Susan & Curtis Nichols, Jay Menard, Kurt & Stacy Ganon,
Amy Bradford, Ethan Pearson, and David Fisher and guests Deb & Tim McCanna

Chairman Porter brought the meeting to order at 7:32 PM.

Old Business:
In the matter of previously recessed hearing on application # 9175-C, tax map # 07-03-64.11, located at the corner of US Rte. 2 and Station Rd., applicant Walter Blasberg,
represented by Courtney Fisher, is seeking final approval for the conversion
of a single family residence to a "Bed and Breakfast" operation as part of the
North Hero House Inn & Restaurant business. There are to be 3 rooms
reserved for paying guests with the remaining rooms for family and friends.

Chairman Porter stated that this hearing is to ascertain the status of the
previously requested information on the issues of parking, fire and safety,
and wastewater.

Courtney Fisher presented a new plat map showing the proposed parking areas
off of US Rte. 2 and Station Rd. There are to be a total of seven parking
spaces with adequate space to turn around plus two spaces in the garage. The
existing parking area off of Rte. 2 will be increased to accommodate 3 cars
plus space for a vehicle checking in. The new parking area off of Station
Rd. will have four spaces. A new culvert may be required on Station Rd.
Specifics on the parking areas are available on file.

The State Fire and Safety Division (formerly the Department of Labor and
Industry) is requiring that one window in each of the rooms for paying
guests be replaced with larger windows for emergency egress. These windows
will be replaced as soon as the BOA approval is obtained. A copy of the Fire
and Safety Division approval notification will be forwarded to the Board.

Letters concerning the inspection and capacity of the septic system have
been submitted to the Board and are on file. The Town of North Hero septic
inspection certificate is also on file. State wastewater certification has
not been received as of this date. It is unknown as to whether the engineers
drawing have been sent to the State Water & Wastewater Division for
certification. This will be required.

The Chair asked for public comment, there was none offered.

Chairman Porter called for a roll call vote to approve the change from
single family residence to a "Bed & Breakfast" facility using three bedrooms
for paying guests with the condition that the applicant submits approvals
from the State Fire & Safety Division and the State Water & Wastewater
Division. The proposal was approved with all members present voting "yea",

As to the previously recessed hearing on application # 9159-C, concerning
the combined properties owned by Hero's Welcome, Inc., tax map #'s 07-03-26,
32, 33, and 35, located on US Rte. 2, applicant Robert Camp, being
represented by Courtney Fisher, is seeking to amend the previous ruling of
the Board of Adjustment dated November 18, 1993. Mr. Camp is seeking a
change of conditional use permit for the dwelling located on lot # 07-03-32.

Courtney Fisher presented a plat map showing the dwelling and proposed 18'x
40', two-story addition to the rear of the dwelling and explained the
proposed change of use from a single family to a possible commercial use.
The amendment requested would also include the right to sell this property
as a separate parcel, removing it from the previously merged properties and
uses.

Mr. Fisher relayed the information regarding the proposed parking areas, the
agreement with the Chamber and Hero's Welcome in as much as the proposed
parking areas will be on adjoining lots owned by Hero's Welcome, Inc. He
also relayed plans to direct traffic in a "one-way" pattern with the
entrance between the dwelling and chamber and circling the dwelling,
possibly exiting between the dwelling and post office. Handicap access was
also discussed along with the possible location of a sign.

There were no public comments

In a discussion with the Board, Mary Jane Healy and Henry Hutchins voiced
their concerns about approving such a project when previous requests have
been denied. They also voiced their concern over what the future plans were
for the building, especially if they were to sell the property to the Town
for town offices and concerns about the proposed parking area in what may be
restricted wetlands.

The Chair called for a roll-call vote to approve the amendment and proposed
use of the dwelling and land involved. The application was denied by a 3-2
vote. Voting "Nea" was Mary Jane Healy and Henry Hutchins. Voting "Yea" was
Chip Porter, Bart Wilcox and Eileen Mitchell. There was no vote for
reconsideration. Courtney Fisher expressed his concern that the vote was for
issues that were not part of the proposed requests and therefore were not
proper.

New Business:
On the hearing of application # 9195-CV, tax map # 05-01-31, located at 391
Lakeview Drive, applicant David Fisher is seeking a conditional use variance
for a deck on their existing dwelling. The 405 sq. ft. deck will meet
setback requirements to the rear (westerly) lot line and to the southerly
lot line. The small portion of the deck that extends toward the street
requires and meets Section 503-C requirements in that it does not encroach
further into the setback then the existing structure.
No public comments were offered.

The proposed deck was approved by roll call vote with all members present
voting "Yea". A building permit and certificate of compliance is required.

In the matter of application # 9180-C, tax map # 03-01-22, located at 205
Stronghouse Lane, applicants Susan and Curtis Nichols are seeking a
conditional use permit for a garage and an addition to the existing deck
measuring 16'x 48' plus 10'x 4'. All proposed construction will meet setback
requirements. The existing 8'x 7.5' deck will be enclosed and have an
additional 8'x 7.5' foot added to the enclosed portion, a total of 18'x
7.5'. The Nichols are also planning to replace the foundation and possibly
moving the existing structure approximately four feet closer to the lake;
still meeting the required setback under Section 305-C.

There were no public comments offered.

The proposed structures were approved by roll call vote with all members
voting "Yea".

As to application # 9186-CV, tax map # 02-00-28, located at 219 Bridge Road,
applicant Jay Menard is seeking a conditional use variance to replace a
pre-existing deck, add a second story and change from seasonal use to year
round use.

In regards to the proposed deck, the Board found that the pre-existing deck
had been abandoned years ago. It would not be able to be replaced unless it
met all the requirements of Section 503-C of the Bylaws. The dwelling to the
south of this dwelling is closer to the lake but there is no dwelling to the
north. The Board could not approve the deck at this time. The applicant was
given further instructions on how to measure the area to the north.

As far as the addition of the second floor is concerned, the applicant is
able to do this without the need for a conditional use. Mr. Nichols stated
that there will only be one bedroom in the dwelling, the septic system has
been upgraded and that he will be using the home year round. He is asking
the Board's approval to change from seasonal use to year round use.

There were no public comments.

The second story and change of use to year round only were approved by roll
call vote with all members present voting "Yea". The remaining issue of the
deck was recessed until the August 25th meeting. A building permit and
certificate of compliance is required. If the addition of the second story
is 500 sq. ft or more, a RBES certificate is also required.

On the hearing of application # 9187-C, tax map # 03-02-11.2, located off of
North End Road West, applicants Kurt and Stacy Grenon are seeking a
conditional use permit for the operation of a sheet metal business out of
their garage, There are 6 employees, including Mr. Grenon, Mrs. Grenon and
their son. The building is located approximately 650 feet or more from the
road, is screened from view by trees and other vegetation. There will be
very little traffic. The property is over 50 acres in size and the lot is
zoned as Rural District.

There was no public comment on the issue.

The Board determined that a commercial business is allowed in this district.
The proposed business was approved by roll call vote with all members
present voting "Yea".

In the matter of application # 9190-CV, tax map # 03-01-20, located on
Stronghouse Lane, applicants Amy Bradford and Marty Feldman are seeking a
change of use from seasonal to year round and the addition of a 16'x 46'
deck on the lake side portion of the existing dwelling meeting setback
requirements to the lake and south. The northerly end of the deck will be
approximately 22 feet from the property line but is considered a lateral
extension of the existing dwelling and porch. As such will not further
encroach into the setback and is acceptable under Section 305-C. The home
has been remodeled recently and has a new 1000 gal septic system.

No public comments were offered.

The proposed change of use and deck were approved by roll call vote with all
members present voting "Yea". A building permit and certificate of
compliance is required.

As to application # 9191-C, tax map # 10-00-17, located at 1009 South End
Road, applicant Ethan Pearson, with consultant Courtney Fisher, appeared
before the Board requesting a conditional use permit for a 38'x 60 foot
addition with a second floor over 1/3rd of the addition. The existing
attached shed and barn will be removed. The addition will have two
additional bedrooms for the applicant's mother and mother-in law. No kitchen
will be involved. The proposed addition will meet all setbacks.

There were no public comments offered.

The proposed addition was approved by roll call vote with all members
present voting "Yea". A building permit, RBES permit and certificate of
compliance is required along with a State wastewater permit if required by
the State.

Minutes:

The Minutes of May 5, 2005 were approved as written

The Minutes of June 16, 2005 were approved with an amendment adding comments
into the record made by Bart Wilcox, and others, in support of Walter
Blasberg's improvements made to the building at the corner of US Rte. 2 and
Station Road.

".Walter Blasberg's restoration of the old brick house and land at the
Southwest corner of Station Rd and US Rte. 2 has been done with great
aesthetic and practical skill and is entirely consistent with the Town
Plan." The quiet members indicated their agreement.

The meeting was adjourned at 10:10 PM.

Respectfully Submitted,
Marcia Barry
Zoning Clerk