WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=TXEvDGItAL8

NOTE
MEETING SECTIONS:

Part 1 (Video ID: TXEvDGItAL8):
- 00:00:16: Meeting Called to Order; Pledge of Allegiance
- 00:00:49: Chairman's Explanation: History of the Variance Application
- 00:02:44: Board Member Discloses Prior Relationship With Applicant
- 00:02:59: Applicant Explains Hardship; Garage Demolition & Rebuild
- 00:04:07: Clarification of Grandfathering and Permit History Details
- 00:05:34: Variance Requirements: Size, Shape, Soil, Financial Hardship
- 00:06:41: Board Introductions; Members Questions and Comments Start
- 00:07:13: Board Member's Historical Knowledge of the Property
- 00:09:06: Question: Usage of the Detached Garage
- 00:09:55: No Proponents or Opponents Present to Speak
- 00:10:16: Motion to Close Public Hearing; Enter Deliberations
- 00:10:31: Variance Discussion; Statement of Facts; Potential Impact
- 00:11:40: Motion to Grant Variance; Roll Call Vote; Supermajority Achieved
- 00:12:30: Variance Paperwork; Notification of Challenges; Adjournment


Part: 1

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Ladies and gentlemen, it is 6 p.m. A quorum being present calling the meeting of the Grand Zoning Board of Appeals to order. Now that we have a flag, I'd like to invite you to say the pledge of allegiance. >> I pledge allegiance to the flag of the

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United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> Thank you. Before

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I call the uh public hearing uh notice open, I just want to give a a little prelude as to the history of this case uh before the zoning board of appeals. Uh many months ago, the applicant made an application to file for a variance

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based upon a determination of the Graanby uh building commissioner. Uh unfortunately we were unable to uh form a quorum to hear make that hearing and I sent a letter to the applicant stating that under pursuant to chapter 48

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section 15 the application was deemed to be granted because of the lack of a decision of the zoning board of appeals because we didn't have a quorum under advice of council and consulting with the applicant. Um that decision although valid uh put the applicant at risk to

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make the building permit issued would have been subject to recall or challenge uh for up to 10 years. The given that information uh the applicant uh decided to reapply for our hearing uh for this

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variance and unfortunately again and with my deepest apologies uh were unable to form a quorum again. um hence this meeting this evening. Um so at that point I would like to um invite the

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applicant to give a pre presentation regarding uh her application for a variance and I just want to point a couple of things out is that uh to apply for a variance um and if the variance is granted the waiting period is only 20 days uh to receive uh people to

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challenge the permit. So with that being said, you have the floor. Miss Miss Healing. >> Mr. Chairman, I just want to before the meeting start, I just want to let you know I've known the applicant for many many several decades. >> I grew up across the street just

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>> Well, yeah. Well, anyway, I grew up across the street, but that fact will not uh I don't feel that will cause any >> That's the question. Do you think that'll precision? >> I do not think it will affect my one or the other. >> And I just want to make that mention. Still no.

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>> So the record will reflect that. >> Southern years. >> Thanks for the clarification. >> Just saying he's old. That's all. Um I I never have done this before, so I don't really know what you guys want. Um

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I know that to put the garage anywhere else going to cause a hardship for me. >> Okay. So um it was there for even know how many years. >> Several years though >> now we can say decades.

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>> Okay. >> So it was there for for a long time and I took it down because it was dilapidated. >> Okay. >> And um you know got the permit to take it down. No one ever said that you had only so

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many years >> to build it back up again. Um >> your your your savior was here. >> So yeah, so I was under the understanding that I had a um what do you call that? >> Grandfather.

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>> Grandfather, right? >> That I was grandfathered in because the the um foundation was still there, >> right? Let if I may, let let me clarify that for the rest of the board. Um there was a pre-existing non-component garage

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on the property. Um that's uh by today's standards for zoning. Uh it was too close to the property line. The applicant filed for a permit back in 199. >> It was back in 94. Uh July 6th, 1994, as a matter of fact. uh permit was to

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demolish the existing garage. There is a permit granted. Uh there is no other documentation in the file regarding this permit. Uh in other words, uh there is no uh certificate uh stating that the garage had been demolished. We all know

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that it has. Uh but more importantly, there's no other documentation in the file regarding um a cover letter or a warning or uh notice to the applicant that if the garage was not rebuilt within 2 years, you'd have to go before the zoning board

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of appeals to apply for a variance. >> So that's part of the problem with this uh application is as the applicant has stated uh she was never informed of that requirement under statute. Um, the second thing I'd like to point

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out is that you're you're correct in terms of in order for a variance to be granted, you have to show that due to size, shape, soil, topography of the land, uh, that it becomes a hardship for you to build it elsewhere on the property together with a a hardship that

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is either financial or otherwise. So, I hope that you can explain on that or maybe your your builder can can uh explain the circumstances of an application. >> Yeah, I demolition of existing garage or demolition of existing foundation and

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then excavation and pouring a new foundation would be at least $40,000. That's like there's no >> right and then they'd have to pour another foundation somewhere else. where it could be. I'm not even sure where it could be with the septic the way it is.

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>> It could increase the cost of the project by at least $40,000 to not use that. >> All right. Thank you. Is there anything else you'd like to share before the board uh goes into question mode? >> Nothing. >> Thank you for coming on.

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>> Uh oh, I did forget. Let me introduce the board beginning on my right hand side. >> Brian Trunky, ZBA member. >> Rob Schovin, ZVA member. Steve Nally, chair, >> Bill Johnson, Dakota Richards. Thank

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you. Um, >> is there any questions the board has regarding this building? >> Mr. Chairman, I like I said, I have intimate knowledge of the property cuz I like I grew up across the street and in fact that that that was a a dwelling at one point >> was

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>> and with a garage door. Um, it was pasture land. I believe it's still pastor land or still >> still there was always a Bob or fence there. I don't know if that's still there or not. >> Some of it is, some of it isn't. >> Yeah. So, I mean, there's no uh the closest house. I'm not even sure that's

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a legal building lot in between there where the land goes. So, it's it's it's I I don't have the dimensions, but I recall going from my memory. I think it's roughly like 8 ft from the fence. If I recall from a kid being a kid, it was like six or eight feet from the fence or

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>> Well, the front of it is had to have a survey done. >> Yeah. >> And the front of it is further away from the fence than the back. That's >> okay. >> The issue is the back doesn't fall within the beer. >> Well, back in the day, I mean, it was just Well, plus that was I mean, like I

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said, it was all family back then. I don't know if anybody remembers Steve Zaven. That was his father's farm. >> Elaine had married Steve. Their mom is Conniey's sister. Anyway, it it just it it so I I like I said, I it's

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and you know, I can see $30 $40,000 to move a foundation and even if it was only 25, that's a hardship, you know, $25,000. I I don't see anything. And plus, it's not going to be a you know, it literally be moving the foundation

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and then move it over what 4T. I mean, for what, you know, 5T? So I I I know the area. I I know the the foundation was there. I know that was I mean I was born in 1957 and I remember that from probably when I was 5 years old. I

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remember that being there. That was 64 years ago. So I know for a fact that's that was there for 64 years my own personal knowledge. So >> thank you. Uh any other member have any questions at this point? >> Uh yeah I had a question. uh for the the

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detached garage that's proposed. What's the primary usage of it going to be? I see it does it looks like it has a second floor? >> Yeah, the second floor is going to be for storage. >> Okay. >> And that um the uh first floor on the right hand side, I have a lot of tools

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and everything that are kind of like all over the house that I'd like to get into one spot. And the other side will be where my car I bought a new car last year thinking I was going to have a garage to put it in this winter, >> but I didn't. So the garage the the the car will be in on that side. And I have

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like a you know I have a snowblower and you know >> just miscellaneous stuff in storage in a car. Okay. >> Yeah. >> That I now have to store outside to cover it. So >> all right. Um are there any proponents in the audience that would like to speak? I don't believe there's any the butters

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here either. Okay. Any opponents? >> All right. Um hearing none, is there any other comments you'd like to make uh regarding the project? >> I think so. None. >> In that case, uh hearing none, then the chair would ask a motion to close the

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public portion of this hearing and enter into deliberations. >> Second. All those in favor? >> I I >> All right. >> So I would like to begin by just covering our variers here about the

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statement of facts. Um it is clear uh that uh fact number one is that the uh permit was pulled to de uh demolish the structure the existing structure. uh there's no evidence to support that the uh applicant was given any indication

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that the uh the free grace period so to speak of two years was never explained to her properly. There's nothing in the file. Um the um the applicant has um mentioned a hardship due to shape, size, soil,

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topography of the land and certainly has demonstrated the um financial hardship in this case. Does the board have any other questions for or facts that we want to determine on or discuss? I'd like to add that I don't think it

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would be any um more detrimental to the neighboring community um if we were to approve this. >> Any other questions or comments? >> No. >> No. If that's the case, then the chair will call for a motion to grant the

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variance. >> I second. >> All right. All in favor? I >> I um we have to have I should have mentioned a little stupid. We need to have a minimum of four. We have to have a super majority. So we have lady

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codified uh the uh vote. So we should do a roll call vote on this. >> I I >> I >> Bill Johnson I >> Richards I then this is short, sweet and simple. >> Well, not wasn't the meeting was short.

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process was that >> short and again I extend my apologies for the u >> for the process >> thank you >> then there's no other business for proceed >> so we'll submit it to the

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>> we're going to fill out the paperwork be recorded with the town clerk uh and then the c town clerk will notify us whether or not there's any challenge to the uh variance granted >> is there any other business before this board? >> I don't believe so.

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>> No, I don't believe so. >> I'll call for a motion to adjourn. >> Second. >> All those in favor? >> I I >> All right. Sure. Simple. >> Yeah.