Zoning Board of Adjustments
ZONING BOARD OF ADJUSTMENT
DRAFTED MEETING MINUTES
August 24th, 2021
Public Hearing/Meeting
Members & Staff Present:
Diane Kendall (Chair), Bob Holmes (Vice Chair), Janet McEwen (Member), Michael Ott (Member participating via Zoom), David Clater (Alternate),and Ashley Brudnick-Destromp (Assistant)
Absent: Shelley Nelkens (Member) and Carol Ogilvie (Planning Consultant)
Public Attendees: Deb Capistran (Abutter) and Tom Davis (BOS)
*Due to COVID-19 this meeting was conducted with social distancing and also made available to public access via Zoom*
Opening of Meeting: Chair Kendall opened the meeting at 7:00 PM
Roll Call Vote for Attendance: Diane Kendall, “Here,” Bob Holmes, “Here,” Shelley Nelkens-Absent, Michael Ott, “Here,” Janet McEwen, “Here,” and David Clater, “Here.”
The Chair appointed Mr. Clater to fill in for Ms. Nelkens.
I. Public Hearing Continued: Clifford Thornberry & Noel Bryant for a variance from Article XI-A, Section Q in order to rebuild the existing non-conforming dwelling, improve driveway access, and construct a new garage within the Shoreland Protection Setback for property located at 15 Hillside Drive (Tax Map 214 Lot 055) in the Lakefront Residential District.
The Assistant reported that, at this time, there is no updated application and she has not received any updates from the State either in regards to an updated application with them. She reported that she has been in continued follow up with Mr. Guida from Fieldstone via email, and that the applicant should have an updated application soon, but the 3rd party consultant requires four weeks to review the materials and the cost to the applicant is $800. The Board discussed the different options on how to proceed. The Chair mentioned the Board can motion to continue to a specific date, or they can vote on the application as it stands now with the 5 criteria.
Motion: At 7:09 PM Mr. Holmes made a motion to continue the Public Hearing to Tuesday, November 16th at 7:00PM, at 7:09 PM Mr. Ott seconded it.
Discussion: Mr. Holmes decided to amend his motion to state that the Board wants full State approval and not pending approval prior to November 16th, Mr. Ott seconded this amendment to the motion.
Roll Call Vote: Diane Kendall, “Aye,” Bob Holmes, “Aye,” Janet McEwen, “Nay,” Michael Ott, “Aye,” and David Clatter, “Aye.”
II. Review/Amend Drafted Minutes from the 7/06/2021 Site Visit and Public Hearing:
Motion: At 7:13 PM Mr. Holmes motioned to approve the minutes as written for both the site visit and Public Hearing on 7/06/2021, at 7:13 PM Ms. McEwen seconded it.
Roll Call Vote: Diane Kendall, “Aye,” Bob Holmes, “Aye,” Michael Ott, “Aye,” Janet McEwen, “Aye,” and David Clater, “Aye.”
III. Other Business:
The Board discussed items they have come across in the Zoning Ordinance that they wished to recommend to the Planning Board for review. The Board mentioned the following items:
- Having a definition of “footprint” and if it includes building up as well as ground coverage
- Clarifying Right of ways vs driveways vs shared driveways. Clearly define the differences between each and if ROWs should be held to the same setback requirements of a driveway or road. Also clarify the reference line/point, is it the center of the Road or is it the edge of the road.
- Follow up on the ZBA’s recommendation letter to have Shoreland be a Conditional Use Permit
- Clarify accessory structures in Shoreland Protection
There was discussion on Article XI-A Section Q as well as expanding non-conforming structures. It was discussed about if accessory structures should possibly have a size limit in the definition and if this should be a recommendation to the Planning Board.
Motion to adjourn: At 7:40 PM Mr. Holmes made a motion to adjourn, and at 7:40 PM PM Mr. Ott seconded it.
Ms. McEwen wanted to discuss one more item before adjourning so Mr. Holmes withdrew his motion.
Ms. McEwen wanted to have on the next Agenda discussing Ms. Nelkens lengthy absence from meetings, and asked that the Chair reach out to her and discuss what is keeping her from being active on the Board. It was mentioned that even if not voting on an application, all Board members should still be present and wanted to know if there were specific barriers the Board could address to help Ms. Nelkens feel comfortable to come in because her attendance is critical. The Chair said this would be ok.
Motion to adjourn: At 7:43 PM Mr. Holmes made a motion to adjourn, and at 7:43 PM PM Ms. McEwen seconded it.
Roll Call Vote: Diane Kendall, “Aye,” Bob Holmes, “Aye,” Michael Ott, “Aye,” Janet McEwen, “Aye,” and David Clater, “Aye.”
Meeting Adjourned: 7:44 PM
Respectfully Submitted,
Ashley Brudnick-Destromp
Assistant to Land Use Boards