Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT MINUTES MEETING OF JANUARY 20, 2015 APPROVED MEETING OF APRIL 20, 2015 Present: S. Bogert, Chair; S. Perley, Vice Chair/Secretary; D. Greski; O. Gibbs; K. Geraci, Alternate; R. Smith, Alternate Absent: G. Ober, M. Foote S. Bogert called the January 20, 2015 meeting of the ZBA to order at 7 pm. S. Bogert seated K. Geraci as a full voting member for the evening. He let the others know that M. Foote was attending a Conversation Commission meeting and would be here for the board elections which will be held at the end of the meeting. MINUTES: The minutes from the ZBA meeting of December 15, 2014 were reviewed. The motion to approve the minutes as written was made by O. Gibbs and seconded by D. Greski with all voting in favor of approval, 5-0. S. Bogert said that D. Greski had asked for a few minutes before the meeting got underway. D. Greski let the committee know that he will not be able to attend the February 17, 2015 ZBA meeting. D. Greski said that he feels that when we have an extension request it should be noticed as an Extension, but also with the criteria, 235-81 (D) (1) (A-C). That will be done in the future. EXTENSIONS: 2012-0010 MSL 230-477-1.24 RS Zone P. & J. Waligora 15 Hackberry Lane Variance The applicant is requesting an extension for the variance originally approved on 4.16.12 and extended on 1.21.14. The variance was for a 17’ front setback in a zone where a 25’ setback is required. S. Bogert asked the applicant if he intends to do the same thing and was told yes. Applicant: Peter Waligora appeared for the extension request. He said that he has come close to selling the lot 3 times and is in an e-mail conversation with someone now. P. Waligora stated he is here for another extension. He showed the lot, which is long and narrow. There is a 30’ setback that runs the entire length. The lot is located in Long Bay, and there is only one other home that is 28’, which is all that they can build, even with the variance. They meet the 3 requirements for the extension. The variance has not expired; the current extension runs out in April of this year. 1 They have proceeded with due diligence and in good faith. They have been marketing the lot for the last 3 years. Roche Realty has been handling it. It has been advertised in the local real estate magazine, one time showing it with a facsimile home. Three couples have come very close to purchasing. One had their contractor siting the lot but had concerns over their dog. A second couple met with a local builder who has plans. They went to Florida and he hasn’t heard any more from them. A third couple had shown interest and he is hoping to hear back from one of those 2 couples in the spring. They had looked at doing a spec house but Romeo Lacasse is very busy right now with other projects. The facts submitted haven’t changed. Public: No one spoke for or against the extension request. There were no further comments so S. Bogert closed the hearing to the public. Motion: D. Greski moved to approve the request for a 6 month extension for Application # 2012-0010. The application was approved April 16, 2012, and then granted an extension on January 21, 2014. The original variance is for extension dates here. The variance was to allow a 17’ front setback where 25’ is required. The applicant meets the criteria of 235-81 (D) (1) (A-C). Criteria A states that the extension has not expired. The current extension is valid until April 16, 2015 so is still in effect. Criteria B states that the applicant has proceeded with due diligence and in good faith. D. Greski asked that the applicant’s wording be used here: “235-81 (D) (1) (B): We have proceeded with due diligence and good faith in our attempts to sell the lot and have explored options to potentially build on it. The lot has been listed on MLS and aggressively marketed over the past year as both a lot only and also as “to be built” facsimile home. We met with a local builder who has a set of house plans for the lot and who is willing to work with prospective buyers re: building options. We had 3 different interested parties over the past few months who were seriously considering the lot, however we’ve had no written offers as yet (one had their contractor with them who took measurements; the second met with our local builder about building options; the third worked with our agent and our local builder for about a month to attempt to find an appropriate set of house plans).” Criteria C states that the facts submitted as part of the original application have not changed. Nothing has changed on the submittal or with the extension request so the applicant has met the 3 criteria for the extension. O. Gibbs seconded the motion, and all voted in favor of approval, 5-0. 2 K. Snow asked about the date of approval as the current extension does not expire until April 16, 2015. D. Greski amended his original motion to state that the extension is for 6 months, beginning on April 15, 2015, and expiring on October 15, 2015. O. Gibbs seconded the change, with all voting in favor, 5-0. ZBA Rules: S. Perley said this is something that has been in the works for almost a year and asked if there were any questions on this before the vote is taken. D. Greski stated that under D, Staff and Zoning Technician, (a) states that the technician receive applications, create and maintain application files. He doesn’t think this is detailed enough. He feels that this should state that the technician receive, review the applications and assist the applicants as well. D. Greski said that K. Snow knows what is to be done but what if she isn’t here and a new technician takes over. S. Perley said that would be in the job description. S. Bogert said he doesn’t want to open the technician to litigation if the applicant says that they did what the technician suggested. O. Gibbs suggested this could read receive and review the application for completeness. Motion: O. Gibbs moved to accept the ZBA Rules and Regulations with the suggested change “receive application and review for completeness”. K. Geraci seconded and all voted in favor of approval, 5-0. OTHER BUSINESS: The election of officers for the year 2015 were held. Elections : (M. Foote entered meeting for the elections.) Nominations: Chair: O. Gibbs nominated S. Bogert as Chair and S. Perley seconded. There were no other nominations. All voted in favor, 5-0. Vice Chair: O. Gibbs nominated S. Perley as Vice Chair. S. Bogert seconded and all voted in favor, 5- 0. Secretary: O. Gibbs nominated S. Perley as Secretary. M. Foote seconded and all voted in favor, 5-0. (M. Foote left the meeting.) S. Bogert asked about who wrote the information for the ZTF. S. Perley asked if he meant the information on the medical marijuana and was told yes. She replied that she wrote that. S. Bogert said it was very well written; that she took a lot of time on it. He asked about the growing facility and would there be fencing required. S. Perley said there is a large section on security, alarms, etc. We are following the state on that. We took what they required under land use. She asked if anyone had seen the 60 Minutes episode where they talked about a cultivation factory. The US government has not legalized marijuana so they can’t bank the money. Everything is done in cash. 3 She said that they talked to the LPD who are not thinking this is going to be a big deal. She said the chance of us getting this is small but that we need to be prepared. S. Bogert asked if the cultivation site could be in a different location and S. Perley said you can’t just have the cultivation site, you need the dispensary as well. There are only 4 being approved in the state and that is going to be done by the end of next month. This costs about $80,000 to get licensed with the state, and another $3,000.00 application fee. S. Bogert said he is glad to see this will only be permitted in 3 zones. S. Perley said it will be done by CUP so it will be looked at by Planning. ADJOURNMENT: S. Perley moved to adjourn with the second by O. Gibbs. All voted in favor, 5-0, and the meeting adjourned at 7:45 pm. Respectfully Submitted: Kristine Y. Snow, Zoning Technician 4