TOWN OF SOUTH HERO
ZONING BOARD OF ADJUSTMENT
JANUARY 9, 2013, REGULAR MEETING
7:30 pm Hearing:
- SD042-13-18WWB/Richardson â€“ Conditional Use Review
- Land development within the Flood Hazard District
- Zoning Board members in attendance
- C. Perry, J. Delmage, S. Nedde, G. Rice, G. Hobbs, S. O’Flaherty (alternate)
- T. Maxham recused himself
- All other active participants in the meeting
- J. Anderson (spoke), M. Richardson (spoke)
- Zoning Administrator â€“ D. Smallwood
- The reconvened hearing was called to order by Gwen Hobbs at 7:30pm
- Motion made by G. Rice at 8:30 pm, seconded by S. O’Flaherty to recess the hearing until March 13, 2013. Prior to the March hearing, the applicant must submit a contour map that clearly shows where the 102′ elevation was, as determined by VTANR, prior to fill placement in 2010. If the applicant is unable to produce the map in advance of the March 13, 2013 hearing, it will be recessed each month until it is provided. All so voted to approve.
- Project and Discussion
- J. Anderson requested that the ZBA make a decision on its conditional use review soon because it will help him prepare for his legal case in Environmental Court regarding the wetlands violations on the property.
- J. Anderson proposed that he and M. Richardson work with Rebecca Pfeiffer from the VT Agency of Natural Resources (VTANR) to determine where the 102′ elevation contour line on the property was prior to the placement of fill on the property after the ZBA made its decision on the conditional use review.
- The Board went into Executive Session to discuss J. Anderson’s proposal and determined that it was reasonable for the applicant to work with VTANR to determine where the 102′ elevation was, however the ZBA is unable to make a decision on the conditional use review until after the 102′ elevation contour line is determined.
8:30 pm Board Business
- Board members in attendance
- C. Perry, J. Delmage, S. Nedde, G. Rice, G. Hobbs, T. Maxham, S. O’Flaherty (alternate)
- Motion by G. Rice to close the meeting at 10:15 pm, seconded by S. Nedde. All so voted to approve.
- G. Hobbs presented a draft decision on MT013-13-30B/Heywood conditional use review and variance request. The Board discussed that the proposed reconstruction of a pre-existing, non-conforming, seasonal dwelling fails 1 or more of the criteria for a variance. The Board will meet on January 16 to finalize the written decision. The Board was unclear on whether denying the variance request negates the need to vote on the conditional use review application.
- T. Maxham reminded the Board that we have been speaking out of turn, and need to conduct ourselves more appropriately during hearings. S. O’Flaherty suggested that Board members raise their hand and wait to be acknowledged by the chair before speaking until we get back into the habit of conducting ourselves in a more orderly fashion.
Tim Maxham, Chair Sandra O’Flaherty