Meeting and Hearing Minutes

Meeting date: 
Thursday, May 18, 2023

                                                                           Town of Stoddard                                Preliminary

                                                   Zoning Board of Adjustment Meeting and Hearing

                                                                 May 18, 2023 at the Town Hall

The Chairperson called the meeting to order at 7:31 pm

Pledge of Allegiance was led by the Chairperson

Roll Call: Herb Healy Chairperson, Milosh Bukovcan sitting in for Franz Haase, Douglas Summerton, Bud Record, Jason Korvarik,

Members Excused: Franz Haase

Others present:  Craig Pettigrew presenting for the Warren applicant, Harry Power Compliance Officer, Janice Gordon Applicant, Allyson Gordon, Jeremy Hamilton for applicant J. Davis, Kim Rumrill for abutter J. Davis, Geoff Jones Conservation Commission

Public Hearing:

The Chairperson explained the rules of procedure for ZBA Hearings, the conditions allowed under Article 12 of the CPO regarding Wetlands by Special Exception and that Shoreland Permits must be part of the file but are not needed for the hearing to occur.  He also explained the ZBA relies on the Conservation Commission’s opinion on cases involving wetlands.

Jason made a motion to begin the Davis hearing and Doug seconded the motion.

  • The Secretary read the appeal aloud and where it was posted. Case# 2023-0503, Appeal for Special Exception by Jeffrey A. Davis to Article 12, Sections 4 and 5 of the Stoddard Zoning Ordinance to expand an existing deck on the property located at 319 North Shore Road, Tax Map 138, Lots 19 & 20, in the Lakeside District for reason the expansion will be within the 50-foot buffer area of Granite Lake.
  • Contractor, Jeremy Hamilton presented the proposed plan for Mr. Davis.  He presented the project’s plan with pictures as sent to the DES.
  • A small section is being added to the original deck to square it off. One new pier will be added as the new deck is replaced.  All the piers under the house and deck will be replaced.  Siltation fencing and construction fencing will be used. Debris will be hauled off site.
  • Applicant also presented the Shoreland Permit.
  • He explained the infiltration system which was required on the Shoreland permit. There[ZS1]  are no restrictions on the permit regarding the deck.

 Doug made a Motion to close hearing, Bud seconded the motion. Hearing closed.  

Deliberation:

  • There is minimal change to the site as only a small portion of new deck is being added and the area is already manicured grass and sandy beach. 
  • On behalf of the Stoddard Conservation Commission, Geoff did not object to the project.  He explained a 50’ buffer containing vegetation protects the water quality.  It would be nice if the homeowner would voluntarily add some natural vegetation to the area.

Doug made a motion to reopened the hearing, Jason second the motion.

  • The Chair asked if there was any correspondence regarding the project, there was none. The Chair asked for abutter’s input. Kim Rumrill, representing the abutter, stated they were for the project. 

Doug made a motion to close the hearing and Jason seconded the motion. The hearing closed.

Continued Deliberations:

  • RE conditions 1 & 2: The project has DES approval and no objection from the Conservation Commission.  Geoff’s comments were taken seriously but there was no recommendation for additional shrubbery.  Members found no environmental impact with the project.
  • RE condition 3: The changes to the property show no impact to town services & utilities and does not change the way the property would be accessed for emergencies.

Bud made a motion to vote, Jason seconded the motion.

  • A roll call vote was taken: Herb approve, Jason, approved, Bud approved, Milosh approved, Doug approved.

Jason made a motion to hear the second case. Bud seconded the motion.

  • The Secretary Read the Appeal aloud and where it was posted. Appeal for Special Exception by Robert and Janice Gordon to Article 12, Sections 4 and 5 of the Stoddard Community Planning Ordinance for an existing 8-foot x 15- foot addition to the property located at 172 Anderson Road, Tax Map 127, Lot 24, in the Lakeside District, for reason the addition was built without necessary permits and is within the 50-foot buffer area of Highland Lake.
  • Applicant, Janice Gordon presented her case.  She presented a diagram of the project.   
  • The project addition is livable space to house.  The property is not currently a year-round residence but may be at some time in the future.  The work was completed in November.  The lake is 46 feet from the 8’ x 15’ project addition.  There is only lawn between the house and lake.
  • As the project was completed without permits, the applicant was fined by the Town and that fine has been paid.
  • The National Heritage program performed a survey of the property, finding it in compliance.
  • The DES has approved a Shoreland Impact Permit.
  • It was noted that as part of overall property changes, the Gordon’s have installed a new septic system with leach field.
  • On behalf of the Stoddard Conservation Commission, Mr. Jones stated the committee has no objections for this project as the shoreline is already manipulated from its natural state and does not cause further harm.
  •  The Chairperson asked if there were any communications for or against the project and if anyone had further comments.  There were none.

Motion to close the hearing was made by Doug with Jason seconding it. The hearing was closed.

Deliberations

  • Re: Conditions 1 & 2:  The project has DES approval and no objections from the Conservation Commission.  The disturbance to the environment was done years ago and todays project does not further impact the environment.
  • Re: Condition 3: The project has not changed access from the road.  They now have a safe and upgraded electrical service and the new septic system protects the environment for the future.

Herb made a motion to vote Doug seconded.

  • A roll call vote was taken: Doug approve, Milosh approve, Bud approve, Jason approve, Herb approve.

Doug made a motion to hear the Warren case. Bud seconded the motion.

  • The Chairperson recused himself as he is a neighbor of the Warrens and asked Jason to lead the hearing. 
  • The Secretary read the appeal aloud and where it was posted.Case #2023-0502. Appeal for Special Exception by Thomas Warren to Article 12, Sections 4 and 5 of the Stoddard Community Planning Ordinance to build a pervious patio on the property located at 38 West Shore Circle, Tax Map 124, Lot 14, in the Lakeside District. The reason being the patio will be within the 50-foot buffer area of Highland Lake.
  • Craig Pettigrew, contractor, presented the case for the Warrens using the printed plans sent with the Shoreland Permit and pictures he included with the application.
  •  He explained there is a foot of stone under the pavers as a filtration system to prevent water run-off.  All the stone used is pre-washed. He explained the maintenance program for cleaning the pavers showing there would be no phosphates utilized. They will be removing 2 rhododendron bushes. No other trees or brush will be removed. The rest of the property is natural vegetation and hemlocks.  An L shape modular kitchen will be on the patio utilizing propane tanks. A hot tub will be on the patio. Electric will be run to the modular kitchen and hot tub.  A Bobcat will be used to remove 18 inches of fill to be loaded into a truck in the driveway. He explained how the project will decrease water runoff from the property.
  •  The project plan showed the leach field to be across the street.  
  • He brought copies of the Shoreland Permit for the file.  
  • There was no correspondence for or against the project.
  • Herb, an abutter, spoke in support of the patio and walkway. He feels the owners have done a good job in designing the pervious patio and walkway and in keeping the natural vegetation. He feels it may improve the drainage situation and not aggravate the problem. 
  • On behalf of the Conservation Commission, Geoff stated it is already a highly altered environment and this project does not further exacerbate it. He has no objections based on what he hears.

Doug moved to close the hearing, Bud seconded the motion. The hearing closed.

Deliberations

  • Re conditions 1 & 2:  The project has DES approval and no objections from the Conservation Commission. The project may improve the current water runoff problem.
  • Re condition 3: The project changes nothing from the road to the house. If anything, a smoother pathway is now available to the back of the house.

Doug made a motion to vote Bud seconded the motion.

Roll call vote was taken: Bud approve, Jason approve, Doug approve, Milosh approve. 

Correspondence/Reports

  • Secretary:  Received bills, expiring terms for Members: Doug will stay, Jason intends to stay also.
  • Compliance Officer: No new news.
  • Board Members: We may have a new alternate on the board.

Meeting Minutes

  • Review and approval of April 20, 2023 draft minutes. Minutes approved with one revision on page 2.

Old Business

New Business

  • Discussion with Conservation Commission Chair regarding more effective and timely process of sharing Wet Land Special Exception information.
  • New fact worksheet for Wetland special exceptions was discussed.
  • Jason made a motion to use the wetland worksheet. Motion was seconded by Doug and accepted.

Public comment – non-agenda items: None

Non-public session (if necessary): None

Adjournment Motion made to adjourn by Doug, seconded by Bud. All in favor. Meeting adjourned 9:50 pm.  Next meeting is June 15, 2023 at 7:30pm at the Stoddard Town Hall.

Respectfully submitted,

Kathleen Ellis

ZBA Secretary