Town of Goshen Zoning Board of Appeals
Meeting Agenda for Thursday July 16, 2009 @ 7:30 PM
Goshen Town Hall Conference, 42 North Street
- CALL TO ORDER
The meeting was called to order by Chairman Gail Lavoie at 7:30 p.m. Present were Amanda Cannon, Vice Chairman, Jeff Johnson, member, Bernie Harrington, Alternate, and Daniel Kobylenski, Alternate. Also present were Martin Connor, AICP, Town Planner/ZEO and Rista Holda, Land Use Secretary.
- PUBLIC HEARING
a. William G. Colby for Dr. Howard Pease, 399 Milton Road, 75 foot shoreline setback variance from Section 3.74b for an accessory structure, deck.
Legal notice read into the record. Mr. Colby was present on behalf of Dr. Howard Pease. Proof of notice to adjacent property owners was presented by Mr. Colby.
He stated that due the steep slopes of the land it was very difficult to access the water. The deck provided a surface which allowed them to launch a floatable dock and gain safe access to the water. Mr. Colby stated that the deed restrictions specific to the Roaraback Subdivision allowed such a deck even though under zoning it was not permitted. The owners did not realize that the deck was not permitted. Mr. Connor told the Board that he discovered the illegal deck during a site visit under another matter. After-the-fact permits were obtained for the deck and walkway from the Inland Wetlands Commission. However, a portion of the deck was located off the lot into the Woodridge Lake Property Owner’s land. If a variance was granted this portion of the deck would need to be
removed.
Ms. Cannon stated when she did her site visit the water was almost completely under the deck and asked if a landing on the bottom would work with a floating dock. Mr. Colby stated that they plan on using a floating dock, but they have no place to attach it without the deck.
b. Justin Watley, 97 Sharon Turnpike, Motor Vehicle License Approval - General Repairer's License. Mr. Connor read his memo into the record and stated that this facility was once a state garage and more recently Gallo distributor. He feels that this location is an appropriate location for this use. All traffic would be entering and exiting on to a state highway and Mr. Connor had no traffic concerns.
- OLD BUSINESS
a. William G. Colby for Dr. Howard Pease, 399 Milton Road, 50 foot shoreline setback variance from Section 3.74b for an accessory structure, deck.
Ms. Cannon feels that there is a hardship, but that a deck of this size is not appropriate and a smaller deck or a landing would cure the hardship
Ms. Lavoie and Mr. Kobylenski both stated they did not feel this deck was abnormally large.
Mr. Johnson stated that he didn’t feel he had all the information he needed to approve the application.
The Board reviewed and discussed Section 723 a. – d. of the Zoning Regulations and applying those standards to this variance request.
IN A MOTION made by Mr. Kobylenski seconded by Mr. Johnson to approve the application for William G. Colby for Dr. Howard Pease, 399 Milton Road, 50 foot shoreline setback variance from Section 3.74b for an accessory structure, deck – Ms. Lavoie, Mr. Harrington, and Mr. Kobylenski – In Favor
Ms. Cannon – Mr. Johnson – Not in Favor - Variance DENIED. (4 votes required to grant variance, 3 in favor 2 opposed.)
b. Justin Watley, 97 Sharon Turnpike, Motor Vehicle License Approval - General Repairer's License.
IN A MOTION made by Mr. Kobylenski seconded by Ms. Cannon it was voted to APPROVE the application for Justin Watley, 97 Sharon Turnpike, Motor Vehicle License Approval – General Repairer’s License. Vote Unanimous
- NEW BUSINESS - None
- READING OF THE MINUTES
IN A MOTION made by Ms. Cannon seconded by Mr. Kobylenski it was voted to approve the June 18, 2009 meeting minutes as written.
- CORRESPONDENCE
- ADJOURN
IN A MOTION made by Mr. Kobylenski seconded by Ms. Cannon it was voted to adjourn the meeting at 8:35 p.m.
Respectfully Submitted
Rista Holda
Commission Clerk
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