Zoning Board Public Hearing Minutes 11.15.23

Members: Brooks McCandlish (Chair), Nathanial Bruss (Vice-Chair), Bill Duffy, Laura Beaton, Jim Varney

Open and roll call: 7:04 pm.

Present: Brooks McCandlish (Chair), Nathanial Bruss (Vice-Chair), Laura Beaton, Jim Varney, Bill Duffy

Also attending: Kathleen Bigford, Recording Secretary

Review and approval of minutes

Motion: Nathanial Bruss moved that the minutes from the November 1, 2023 meeting be approved as written.

Second: Bill Duffy

Decision: All in favor, 5-0

Motion: Jim Varney moved that the minutes from the October 4, 2023 minutes be approved as written.

Second: Bill Duffy

Decision: All in favor, 5-0

7:05 pm: Public hearing for Janet and Michael Bauer variance application

Variance application is to allow an extension of the roof off an existing garage that encroaches into the property setback.

Site walk of the property was completed November 14, 2023.  Brooks made mention that the date and time of the site walk were not included in the public notice saying that future challenges could result in a rehearing. Brooks asked the Bauers and the Board if they agreed to proceed without public notice of the site walk. All agreed to proceed with the hearing.  

Finding of Fact: The proposed attached roof would encroach into the first five feet of the setback allowing 22 feet before the property line.

No public input.

Public Hearing closed at 7:14 pm

Discussion of Criteria

  1. The variance will not be contrary to the public interest. No discussion
  2. If granted, the variance complies with the spirit of the Bradford Zoning Ordinance. No discussion.
  3. The proposal would result in substantial justice being done. No discussion.
  4. If granted, the value of surrounding properties will not be diminished. No discussion.
  5. Special conditions exist that literal enforcement of the ordinance results in unnecessary hardship. No discussion.

All criteria have been met.

Motion: Jim Varney moved to approve the Bauer’s variance application.

Second: Bill Duffy

Decision: All in favor, 5-0

Brooks noted that the decision could be contested for 30 days.

7:20 pm: Public hearing for Judith and Richard Curless variance application

The application is for a variance of minimum building setbacks, minimum lot area, and minimum contiguous road frontage on Map 22, Lots 29 and 30 to allow an entire driveway to be built on lot 30.

Site walk of the property was completed November 14, 2023.  Brooks made mention that the date and time of the site walk were not included in the public notice saying that future challenges could result in a rehearing. Brooks asked the Curlesses and the Board if they agreed to proceed without public notice of the site walk. All agreed to proceed with the hearing. 

Two non-conforming lots that share a driveway. The variance would allow a driveway on each lot.

No public input.

Public Hearing closed: 7:34 pm

Finding of Fact: There are two non-conforming lots with a proposal to move the property lines. Lot 29 will move from .69 foot to .51 foot. Lot 30 will move from .25 foot to .43 foot. New line would be 8 feet – 9 feet from the side of garage.

Discussion of Criteria

  1. The variance will not be contrary to the public interest. No discussion.
  2. If granted, the variance complies with the spirit of the Bradford Zoning Ordinance. No discussion.
  3. The proposal would result in substantial justice being done. No discussion.
  4. If granted, the value of surrounding properties will not be diminished. No discussion.
  5. Special conditions exist that literal enforcement of the ordinance results in unnecessary hardship. No discussion.

All criteria have been met.

Motion: Laura Beaton moved to approve the Curless variance application.

Second: Nathanial Bruss

Decision: All approved, 5-0

Brooks noted that the decision could be contested for 30 days.

Adjourn

Motion: Laura Beaton moved to adjourn the public hearing.

Second: Jim Varney

Decision: All in favor, 5-0

Public Hearing adjourned at 7:50 pm.

Respectfully submitted, Kathleen Bigford