town of bennington zoning board of adjustment minutes 1 veterans memorial drive, bennington, vt 05201 MAY 10, 2000 @ 7:30 p.m. Present: Ron Alderman, Gale Wisher, Richard Owens, Edith Prandini, Bill Congdon, Kevin Goodhue, Melissa Perrott, John Redding, and Bill Barney. Also present: Zoning Administrator Daniel Monks, Chris Denio, Mike von Ouhl, Jim Gulley, Bill Thompson, Pauline Dunn, and Robyn Baker. Ms. Wisher called the meeting to order at 7:30 p.m. 1. Minutes of April 26, 2000. Ms. Prandini moved to accept the minutes of April 26, 2000 as presented. Mr. Owens seconded the motion. The motion passed unanimously. 2. Reading of witness' oath. Ms. Wisher read the witness oath: "I solemnly swear and affirm under the pains and penalties of perjury that the statement I make, the testimony I give, and other evidence I submit to the Zoning Board of Adjustment at the Board's public hearing held on this date shall be true and correct to the best of my knowledge and belief." 3. Christopher Denio, Chapel Road Gravel Pit, seeking amendment to conditional use approval permit for camp and seeking conditional use approval for accessory use pole barn. Sections of the Bylaw applicable 1.3, 3.4, 5.2. Mr. Denio presented his project to the Board. He explained that the Planning Commission had asked for a better plot plan, which Mr. Denio submitted to the Board. Mr. Monks explained that Mr. Denio constructed a camp in the forest zone, and there are issues surrounding the type and use of the camp. Mr. Monks explained that the Bylaw defines a camp as a building not exceeding 800 square feet of building area and 20 square feet of building height, and having no permanent foundation. Mr. Goodhue asked if the camp was inspected by the town to certify compliance, and Mr. Monks explained that the former Zoning Administrator certified that the septic system was in place, but there was no formal inspection concerning the building itself. No building permit was submitted for that until recently, and Mr. Monks has since viewed the camp. Ms. Prandini asked if the permit in front of them was from 1992, and Mr. Monks explained that the permit in front of them was for the pole barn. The 1992 permit does not specifically outline what would be built. The pole barn would be 36' x 24'. Mr. Denio explained that the building permit specified cabin, and he previously had a trailer on the property. Ms. Prandini noted that the permit says seasonal camp with grey-water system and outhouse. Mr. Denio explained that the cabin was built with lumber from the property, and he removed the trailer when it was complete. Mr. Alderman asked, and Mr. Denio explained that the cabin is on an 8-foot concrete block foundation with a cement floor, a full cellar. Mr. Denio did not feel that there was a definition of permanent foundation in the Bylaw. Mr. Alderman explained that the Board has previously considered a concrete slab a permanent foundation. The Bylaw does not specify poured concrete, but it is a determination that the Board has made consistently over the years. Mr. Alderman also explained that the building was more clearly defined as a residence, not a camp. Mr. Denio explained that he spends most of the summer in the camp, but has a permanent house in Shaftsbury, and stays at his parents' home in the winter when they are not present. He also uses the camp for deer hunting and snowmobiling. Ms. Prandini asked and Mr. Denio noted that he uses a holding tank for black-water, and has a septic truck come and pump it when necessary. Mr. Denio explained that the tank is 1000 gallons and has been pumped a couple of times. Mr. Alderman asked and Mr. Monks noted that the septic system is in compliance. Ms. Wisher asked and Mr. Monks noted that camps are allowed in the forest zone, but not as a primary or secondary residence, but occasionally for temporary shelter in connection with recreational activity. Ms. Perrott felt that the foundation was the primary issue, and Mr. Owens felt that the camp might be a primary or secondary residence. Ms. Prandini felt that they should make a site visit. Mr. Alderman asked if the carport overhang was included in the 36 x 24, and Mr. Denio noted that it was not a carport, but a porch, and he did not feel that it was included in the total. Mr. Barney asked if porches are included in square footage, and Mr. Monks noted that porches are not typically included unless they are enclosed and heated. Mr. Barney noted that there are two porches, one on the front and one on the side. Mr. Alderman asked what triggered the notice of violation, and Mr. Monks explained that no notice of violation has been issued. It was brought to the board because of the pole barn, and to determine if this structure meets the definition of camp. Ms. Perrott asked and Mr. Denio noted that one could stand and walk in the basement. Pauline Dunn lives across from the gravel pit on Chapel Road. She explained that she has spoken with Jeff Pelton about the definition of a camp, and was referred to the town listers. She thought that Mr. Wright should come before the Board to answer questions about the building. Mr. Monks noted that there was not a final building inspection. Mr. Monks explained that it was approximately an 800 square foot cabin. Ms. Dunn felt that construction in this zone was restricted. Ms. Dunn is concerned because her water system has been on the brook for 45 years, and is concerned about what is up the brook from them. Ms. Prandini asked and Ms. Dunn indicated the location of her home in relation to the site. William Thomson addressed the Board. He explained that he has a customer with property in the forest zone, and he thinks it is delightful that they can begin developing in the forest zone. He will be seeking permits for structures with permanent basements for his customer and himself, as well as outbuildings to house snowmobiles and other recreational vehicles. He is present in support of developing the forest zone. They would be seeking permits for septic systems as well. Mr. Alderman felt that Mr. Thomson agrees that the basement is permanent. Ms. Wisher asked Mr. Monks and he noted that the septic system has been certified by the former zoning administrator as in compliance. Mr. McLeod has also visited the site and confirmed that there is a separate black and grey water system. The Board agreed that they should continue the matter for two weeks, and visit the site in the meantime. The Board was in favor of a site visit. The site visit was scheduled for Wednesday, May 24 at 6:00 P.M., before the regular meeting. Mr. Goodhue moved to continue the hearing until May 24, 2000. Mr. Owens seconded the motion. The motion passed unanimously. 7. Other Business ¨ Findings of fact and minutes were passed around and signed. ¨ Mr. Monks read the warning for the next meeting: The Town of Bennington Zoning Board of Adjustment will hold a regular meeting on Wednesday, May 24, 2000 at 7:30 P.M. in the District Court, located at One Veterans Memorial Drive, Bennington, Vermont. The purpose of the meeting will be to conduct regular business and to hold a public hearing on the following: Richard Boutin, Big Boys Toys, Route 67A, expansion of non-conforming use . Gary and Donna Hunt, 29 South Stream Road, variance of setback. Continued Denio matter. As there was no further business to come before the Board, Ms. Prandini moved to adjourn. Ms. Perrott seconded, and the meeting was adjourned at 8:06 P.M. Respectfully submitted, Robyn C. Baker Dated this 14th day of May 2000. _______________________ ____________________ _______________________ ____________________ _______________________ ____________________ _______________________ ____________________ _______________________