Approved Minutes

Meeting date: 
Thursday, May 20, 2021

Approved

Town of Stoddard

Zoning Board of Adjustment

Minutes of Meeting May 20, 2021

The meeting was called to order by the Chairperson at 7:30 pm.

The Pledge of Allegiance was led by Herb Healy.

Roll call: Chairperson Herb Healy, Franz Haase, Jason Kovarik, Bud Record

Members excused: Doug Summerton

Alternate sitting in for Doug Summerton: Milosh Buckovcan

Others present: Harry Power Compliance Officer, Douglas Hudson Applicant, Abutters: Rick and Lynn Cavallaro, Erma Kraszinski, Gary Kraszinski, Ben Kraszinski and Marjorie Kraszinsk.

Zoom is running no one is in attendance.

Hearing-Douglas Hudson Revocable Trust, 190 Power Line Rd, Map 104, Lot 015

  • Jason made a motion to change order of meeting to accommodate the Hearing, Franz second the motion, the motion passed. Herb explained the order and procedure of the Hearing to all present. He also informed Mr. Hudson, that there must be three affirmative votes from the members for a Variance to pass. There are only four members present this evening. He has the option of rescheduling the Hearing when there are five members present for the vote. Mr. Hudson chose to go ahead with tonight's Hearing.
  • The Secretary read the Hearing Notice and the minutes from the Site visit.
  • Mr. Hudson presented his plans and explained his builder, Tom Forest, chose the location for the garage as the most reasonable site on his property based on it’s proximity to the leach field, cove and other buildings. Mr. Hudson is asking for an 8 foot set back at the back of his property which is also the back of his neighbors property. He would like to build a two car garage with a wood shop above the garage.
  • Herb asked if anyone feels this project does not need a variance. No reply.
  • Mr. Hudson stated only electric power will be in the garage and there would be no water to the building.
  • Miloush asked if the shop was going to be for a hobby not a business. Mr. Hudson replied in the affirmative.
  • Herb asked if this will be the only change to the property which currently consists of a cottage, house, storage shed, boat house and wood storage area. Mr. Hudson stated there are no other changes planned.
  • Franz asked Doug to sketch where the garage will be built on his map. Doug complied and explained why the current shed wouldn’t work as a garage.
  • The Chairperson opened the hearing for questions from the public. Rick Cavallaro asked if there were regulations on how many buildings can be placed on an acre and a half. Harry stated there are no regulations on the number of buildings on a lot. The CPO (Community Planning Ordinance) does state there can be only one residence and one ADU residence on a property. Mr. Hudson said he feels the original cottage and shed may pre-date the CPO. He says the prior owners had permission from the Town of Stoddard to keep the cottage as a seasonal cottage after the house was built. The Board does not have the necessary background on the dates of construction, but if the buildings do predate the CPO their existence is grandfathered in.
  • Jason read aloud from Article three, Section E, of the CPO regarding ADU restrictions. Mr. Hudson has the necessary Lake Shore Permit. Herb stated if there is a problem with the existing structures it would need to be taken up with the Compliance Officer and not take time from this hearing.
  • Mr. Hudson stated that the Lake Shore Permit has a formula & ratio to assure runoff from buildings and slopes meets State standards of allowable runoff. There is a ratio of impervious to pervious land that the permit will allow.
  • Lynn Cavallaro asked if it have an impact on maneuverability for emergency vehicle access? Mr. Hudson replied the setbacks from the road are more than twenty five feet from the center of the road and will have no impact on the road.
  • Herb asked if he would be changing the driveway access. Mr. Hudson said no.
  • Rick Cavallaro asked what the total height the building will be. Mr. Hudson said that number is not on the plans here tonight, but he feels it would be close to the same height as the cottage is currently. Herb asked if there would be space under the roof area. Mr. Hudson said no. Franz commented that according to the picture diagram, access in the attic space would be hands and knees only.
  • Mr. Cavallaro asked, what would prevent Doug from turning the wood shop into a living space at a later date? Herb answered, stating the variance is for a garage with no plumbing, a second floor workshop and is not to be occupied,. He added, the ZBA is not an enforcement group. If neighbors find that people are living there it would be up to them to report it to the Selectmen.
  • The Chairperson asked if there were any more questions from the public. There were none. He then asked for comments from the Board.
  • Franz asked about the Right-of-way vs center of the road, in reference to the twenty five foot setback. Harry stated he has researched the property. When it was developed, everyone there had a Right of Way. The original builder had permission to build in 1967. At that time the road was a Right-of-way, not a road. A road has never been laid out with footage. Mr. Hudson stated the garage will be thirty to thirty two feet from the center of the current road.
  • Jason spoke, stating many properties in this town were built on very small lots and very little can be done with them without a Variance. Herb said he believes Mr. Hudson needs a garage and should have one, but he is concerned with the cumulative impact of many buildings on a small piece of property. Mr. Hudson currently has four buildings on a piece of property and wants to add another.
  • The Chairperson declared the fact finding part of the hearing closed. He explained the finding of fact portion of the meeting to the public. Members were invited to speak their concerns while working on their Fact Finding Sheets. He also explained that if any of the 5 criteria are not met, the member cannot approve the Variance.
  • Franz asked to speak with Mr. Hudson. Granted. Franz asked, in reference to the cumulative impact of many buildings, might Doug consider removing the current shed to keep the number of buildings to four? Franz added, obviously we can’t make him do this, but might he consider it? Mr. Hudson said the shed is currently packed full of stuff as he moved from a larger place to the smaller one and is currently using the space.
  • Mr. Hudson asked about the need for 3 positive votes to pass the Variance and what his options are if the measure fails at tonight’s meeting. Herb explained he could appeal, appeal through the judicial system or come back with alternate plans.
  • Bud has arrived and has recused himself, as he missed most of the hearing.
  • Herb Read the five criteria of a Variance to the assembly. He again explained, if any of the five criteria are not met, the member cannot approve the Variance.
  • The Chairperson asked for a motion to close the hearing. Jason asked for the motion, Franz second the motion, all voted in favor.
  • Members discussion: Jason feels the garage is hidden from the road in the back, may not be visible from the lake side. The most visual impact would be coming up the road. Miloush asked if cumulative impact was part of tonight's vote. Herb said it is a consideration and is up to the individual member.
  • Herb asked for motion to grant or deny the Variance. Jason made a motion to vote and Miloush second the motion. Franz wants to add a condition to the Decision that “no portion of the building will be used as a dwelling”. He feels that it would address the neighbor’s concern. Franz made a motion to include the condition. Miloush seconded the motion for the condition, all agreed. Roll Call vote was taken: Franz voted to grant the variance, Miloush voted to grant, Jason voted to grant, Herb voted in favor of the condition but to deny the Variance. Due to the cumulative impact of many buildings, the look from the road and to his neighbors, Herb feels the Variance doesn’t meet all 5 criteria. The Variance has been Granted with three affirmative votes from the Board.

Old Business

  • Based on the late hour, a Motion was made that the status of ZBA rules, application(s) and next steps on updating them should be postponed. A vote was taken and the motion passed.
  • Miloush presented information on computer options of four computers and software for use by the secretary. Herb will find out what the other boards are doing for secretary computers, how they get software packages and how they get service on the equipment.

New Business

None

Minutes of April 15, 2020

Bud moved to accept the minutes as read. Jason second the motion. Members voted unanimously to accept the minutes as read.

Correspondence/Reports

Members reviewed ZBA expense & budget report

Next years budget was approved at the Town Meeting on May 18.

A Motion was made by Franz to adjourn. The Motion was seconded by Jason. The Motion passed unanimously. The meeting adjourned at 9:05 pm. The next meeting will be June 17, 2021, at 7:30 pm at the Stoddard Town Hall and on Zoom. Information for the Zoom meeting is posted outside the Town Clerk’s office and on the Town of Stoddard web site.

Respectfully submitted,

Kathleen Ellis

Secretary to ZBA