Members Present: Jane Roberts, Gretchen Wittenborg, Jack Ernst, Steve Filipi and Cathy Davis.
Meeting was called to order at 7:00 PM
7:00 PM Case # 08-07: Melissa Burbank application for an Area Variance of Article V, Section 127-18 E. to build a deck and roof that encroach on the rear setback on property located at 67 Sandy Beach Road, Map 7, Lot 7-47, Rural District.
The seasonal dwelling is located in White’s Campground. Mr. and Mrs. Burbank lease the land and own the structure. They said the campground owner has given permission for this project, pending town approval. The structure is surrounded by campground one three sides with one side close to the boundary line with an abutting property. At one point the existing structure is about 5’8” from the property line.
The Burbank’s propose to replace the old deteriorated roof, extending it beyond the perimeter of the structure to give covered access to an existing attached equipment shed and to accommodate a covered deck or screened porch in the future. The new roofline as proposed would encroach on the rear/side setback by five feet. They are seeking the area variance for this encroachment.
Wittenborg asked to see the tax map. The Board reviewed the tax maps in question, identifying the Ray property, which shares the property line with the Burbank leased land. Mr. Ray was present at the hearing and said neither he nor his wife had any objections to the proposed plan.
Wittenborg moved, Ernst seconded and the Board voted to close the public hearing. The Board proceeded to the mandatory findings for an Area Variance, finding that:
1) There would not be a diminution in the value of surrounding properties as a result of granting this variance. Wittenborg noted the proposed plan would probably improve values. All agreed.
2) Granting the variance would not be contrary to the public interest. All agreed.
3) (a) An area variance is necessary to allow the applicant to use the property as proposed because the structure was originally built too close to the boundary line. All agreed.
3) (b) The same benefit could not be achieved by some other reasonable method, since the plan is necessary to accommodate a covered access to equipment and have a uniform roofline. All agreed.
4) By granting this variance substantial justice would be done. All agreed.
5) The use contemplated by the petitioner as a result of obtaining this variance would not be contrary to the spirit of the ordinance, because it is a reasonable use of the property. All agreed.
Filipi suggested, as part of the decision, it be noted that because future plans include building a screened porch or deck under this roof, the Board stipulate that new living space will not be created.
The Area Variance was granted with the suggested notation.
Minutes: The Board reviewed minutes of the August 12, 2008 meeting. Filipi moved, Ernst seconded and the Board approved the minutes as written.
Ernst noted that he may not be available for some meetings this fall, because of family obligations out of town.
Filipi plans to attend the Local Government Center Law Lecture on September 17, 2008.
The meeting was adjourned at 7:45 PM.
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