ZBA MEETING
Bob, Niel, Jim, Tony and Bill were present.
Case # 360 Vanessa Banyas.
Case # 361 Jim & Marlene Banyas
Bob read particulars of the hearing. Board will hear the two cases as one because they are alike and each request is the same. The board will vote on each one separately and questions can be asked separately.
Abutters present were: Bob, Marie and Alan Beveridge, Judy and David Crouse, David Rembis and Jim Keddie representing Edge O Lake Association. The Banyas’ are part of the Association. David Rembis mother was also present.
Jack Parsons, Betsy Frago and John Cook present.
Vanessa Banyas presenting. The applicants presently each have a mobile home, 30+ years old located within their “unit” at Edge O Lake Park. They are seeking a variance for both from town, front and side setbacks. They would be allowed to replace in the same footprint, their existing mobile homes/trailers are 12’ x 44’ and 12’ x 46’. The park allows a 28’ x 60’ in each “unit” providing they meet their internal setbacks but their two “units” are unique in that they are on a point and are long and narrow, 50’ and 48’ wide at the lake down to 30’ wide at the rear. They could not fit a 28’ x 60’ therefore they would like 14” x 60” units. Both trailers now are angled on the “unit”, they would “tweek” away from the Crouse property. The Crouse home is about 6’ from the external boundary. They would center the new structure more than it is now. They will have to get a permit from the State, because of the proximity of the lake. They will also have to get approval from the Association because they do not meet their internal 10’ boundary. Banyas stated that they would build new porches, probably smaller than what they have now. No increase in bedrooms. They are only allowed two per unit.
They were asked if trees would have to be removed. Yes because some are right up to the existing structures. Only remove what is necessary. The Association does require a surveyed plot plan prior to any structure being removed. Board asked if they could move back further in their “unit”? Vanessa responded that she had a shed and carport behind her trailer plus the septic tank is near the shed. More trees would have to be taken down. They like where they are located because they get a view and don’t want to lose that.
Jim questioned the length, he could see no reason why it had to be 60’ could they respond to why? Vanessa responded that it makes more comfortable living space and that is what is allowed within the park and they are giving up width that others have because their “unit” is long and narrow. Niel asked what choices do manufacturers give for length? Vanessa responded that a variety of choices. Dave Rembis replied that 48’ to 80’ are choices.
Bob asked if there were questions from the public? Jim Keddie, on the Board
at E.O.L. he commented that there are approx. 20 new mobile homes in E.O.L. and
that they have all met their setbacks within their units as per rules. The
Assoc. does own the land in front of the Banyas’ units
and the dock and they (members) have the right to get to that area via the Banyas units from
John Cook commented about the internal 10’ setbacks and that it was unique within the Assoc.
Rembis replied that at the time the EOL condo was set up (1999) they tried to accommodate all so that units could have a 28’x 60’ if they were going to replace.
Jim thought that yes they were unique within the Assoc. but he is concerned about the length, he asked that Banyas explain why they needed the 60’. Jim Banyas explained it would be more comfortable and because they could not get the width like all the others would like the length, He also explained that they would like to stay as close to the existing front footprint so they would not lose their view. Keddie felt that they should have to move back and conform as much as possible to their 10’ setback. Bob replied that that is an Assoc. issue not a Town issue and they were here because of external front and side setbacks.
Judy Crouse asked what the size the porch would be? They did not know at this time, it would not be any larger than what they have now. She felt very strongly that there should be some definitive measurement prior to any approval.
Bob’s opinion was that if this did get approved the board could put a restriction on placement.
Niel felt they should address Judy Crouse’s concern. Jim suggested to continue so that the applicants could provide more information. Dimensions of porch, placement on unit, size of structure. He was still concerned about size and would like them to try and minimize. The board needs a firm position on their part. More effort in trying to conform.
Tony felt he could vote because they would be within the 10’. No, they would not meet the 10’ on the boundary dividing the two units. Niel supports Jim’s position on continuing. Bill felt he needed more definite data.
Bob Beveridge was very concerned that they not be any closer to his property, they are very close now. He doesn’t want 10#’s in a 5# bag.
John Cook felt the board should act tonight so that the Banyas’ not incur any more expenses out of pocket.
Vanessa said their intent was to live amicably within the neighborhood and they do not want to impact anyone. She has already contacted White Mountain Survey who has done a site survey and they would not be able to do a location survey until at least January. She would like a decision tonight.
Jim felt he needed dimensions. Niel
wanted a redo with trailer/ mobile home and porch exact size and location on
the lot. Bill agreed. Applicant should
try not to exceed setbacks any more then what exists. Motion made and 2nd
to continue to
Hearing Adjourned.
Continued from page 2.
Case # 364
Bob, Niel, Tony, Bill and Jim were present.
Betsy Frago, John Cook and Jack Parsons also present.
Robert & Mary Murley,
Bob read particulars of the hearing.
Rick Benton, builder presenting. Applicant currently has cast in place concrete steps from the front porch. Applicant would like to cover those existing steps with wood, they will then look like the ones on the other side of the house. The wood would have a 3” overhang on each side. The house sits on a point (Pine Point) and has water on three sides and the steps are now 38’ from the lake. The concrete is deteriorating and has been repaired over the years. They would cut the concrete back about 19” and then cover. Bob felt that this was a “natural expansion” of a nonconforming area based on case law and a variance was not needed. It is something that the code officer needs to send to the board for their decision. Jim made motion to consider this application as a “natural expansion” of a nonconforming area and to grant relief. Niel 2nd. All were in favor.
Hearing Adjourned
Jackie Rollins
Jim moved to accept the September 5th minutes as written. (#362 & #363). Niel 2nd. All in favor.