Zoning Board of Adjustment
MINUTES
The official copy of these minutes can be obtained at Wallingford Town
Hall.
Present:
Hans Huessy, Derek Farmer, Charles McClafferty,
Guests: Donald
Shedd, Robins and Clarice Best, Fred Thurlow, Karen Lamay, Patrick Rice, Tom
Phillips, Amanda Eltinge, Trevor Leonard, Charlie Eltinge, Michael Aleshire,
Phil Baker, Gordon Holden, Anthony Petrossi, Dennis Smith, Jill Burkett
Chair Hans Huessy opened the
meeting at
Hans asked if everyone had
reviewed the minutes of the September 18th meeting. Larry Miller
moved approval of those minutes. Charlie McLafferty seconded. Motion carried
5-0.
ITEM
#1
Amanda Eltinge appeal of Permit #07-36, an
extension of expired permit #05-50 of Christopher Dunigan for addition and
garage. The property is parcel #7010205 located at
Ms. Eltinge opened her
presentation saying that the initial approval of permit #05-50 should not have
been granted. There is no height indicated on the drawings submitted with the
permit. The lot is in the Multiple Residential district and the written opinion
by the Town’s Attorney said that the permit should not have been issued in the
first place. Larry Miller asked Amanda if she knew that the rest of the opinion
said that the permit extension should be granted. She said that she is aware of
it but that it cites legal cases from out of state. Hans Huessy said that he
will do his own research to determine what case-law applies. Ms. Eltinge went on
to describe her discussion with Bill Lohsen about the expired permit and his
feeling that it did not become null and void if work was progressing. She then
brought the information to Julie, the Town Administrator, who said she would
call Mark Blucher at Rutland Regional Planning Commission and then referred
Amanda to the Zoning Administrator. She met with Bill Brooks, the Zoning
Administrator, to outline all her concerns and ask for a hearing before the ZBA.
Ms. Eltinge feels that the
project violates the lot coverage allowance for the MR district and also the
setback requirements on the south side and on the east side bordering her
property. She is also concerned that it exceeds the height limit of 35 feet. Ms.
Eltinge also expressed her frustration that during the time since she first
tried to stop the progress of construction by voicing her concerns to the people
working at the site and appealing the permit renewal, the construction quickly
reached a point of no return before this ZBA hearing process got started.
Mr. Dunigan was not present
so Mr. Pat Rice spoke as the General Contractor on the project. He said that the
project was about 80% complete as of
Mr. Huessy then opened the
floor to guests in attendance and many of them spoke. Jill Burkett asked if the
three dimensional drawings had been provided at the time of the original permit.
When told they had not, she wondered how anyone looking at the line drawing on
the original would have been able to tell from that what kind of building was
going to be constructed. Mike Aleshire said that he looked for the posted permit
at the site and could never find it. He said that the permit application is
misleading and does not contain accurate information. Gordon Holden gave a
partial history of the Stone Shop from the time it was True Temper through
Cornelia Tarbell’s gift shop and that it has always been used for businesses
of a commercial nature and this addition is a monstrosity. Clarice Best
spoke about the area being on the National Register of Historic Places and that
this building is taller than most of the others along
After everyone who wished to
had spoken, Mr. Huessy set another public meeting for November 7th at
ITEM
#2
Dennis Smith appeal of Permit #07-37, an
extension of expired permit #05-52 of Karen Lamay for addition and renovation of
woodshed and barn. The property is parcel #7012162 located at
Mr. Smith spoke about the
deficiency in the original permit and that no extra structures were asked for.
He said the use proposed may be a conditional use and the permit should not have
been granted. He said that he is an adjoining landowner and that he was not
notified of the original permit as he has been required to do when he has
requested permits. He said that the “Big Red P” sign only went up a few
weeks ago. He suggested that a traffic study should be done as had been required
for his permits on his Route 7 South property.
Ms. Lamay said that she had
gone before the Planning Commission for site plan approval of the original
permit for the renovations needed for her home occupation and also for the
renovation and use of the barn on the east side of Route 7. She feels that all
her permits are in order.
A letter from Lisa
Charbonneau (who came to the meeting but was unable to stay due to a sick child)
was read into the record. She feels that the minutes of the September 18th
meeting do not accurately depict what occurred and leave out comments and
information given by Mr. Bloomer and herself. She feels that it is only fair
that if the sentiments of members of the public are included in the minutes,
then rebuttal and responses to their claims should be included as well.
Mr. Huessy asked for input
from the public in attendance and hearing none said that the Board will discuss
this matter at the closed deliberative session on November 7 at
Motion to adjourn by Hans
Huessy. Second by Beth Sheehe. Carried 5-0. Adjournment at
Respectfully submitted,
William Brooks, III
Zoning Administrator