TOWN OF DERBY ZONING BOARD OF ADJUSTMENT

Conditional Use Review

Findings of Fact, Conclusion of Law & Decision

September 21, 2009

OWNER: Julie Bronson

MEETING DATE: September 21, 2009

APPLICATION #: 09-115

This decision pertains to Conditional Use review for application #09-115 by Julie Bronson, PIN #PATST003A6L13, for a 13 ft by 19 ft sunroom addition to a nonconforming single-family dwelling.

FINDINGS OF FACT

Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Zoning Board of Adjustment hearing on September 21, 2009 the Town of Derby Zoning Board of Adjustment makes the following Findings of Fact:

General Information

1. The property is owned by Julie Bronson
2. The property is located at 315 Dashner Circle and is in a Village Residential-One Derby Line (VR-1/DL) zoning district.
3. The lot is .38 ac with 282 ft of road frontage.
4. The existing single-family dwelling, with a 12 ft rear setback, is a nonconforming structure due to an error by the zoning administrator in issuing permit #05-064.

This Application

1. The proposed 13 ft by 19 ft sunroom is to be 14 ft from the rear lot line.
2. The existing dwelling is 12 ft from the rear lot line.
3. The rear yard setback for the VR-1/DL zoning district is 25 ft.
4. §302.5 allows for the expansion of single-family nonconforming structures with conditional use approval provided that the expansion does not increase the extent of the existing nonconformity regarding setbacks or other bylaw requirements.
5. The neighborhood consists of single-family dwellings and there is open farmland to the west along the rear lot line of the Bronson property.
6. There will be minimal traffic generate from this project.
7. Water/sewer will not be affected by this project.
8. There are no renewable energy resources in close proximity to this property.

CONCLUSION OF LAW

Based on the foregoing Finding of Fact, the Town of Derby Zoning Board of Adjustment concludes that the proposed site plan provides:

1.) The capacity of existing or planned community facilities;

This project will not have an undue adverse impact on existing or planned community facilities.

2.) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan;

This will not have an undue adverse impact on the character of the area.

3.) Traffic on roads and highways in the vicinity;

This project will not have an undue adverse impact on the roads and highways in the vicinity.

4.) Bylaws and ordinances then in effect;

A portion of the proposed sunroom will be within the required rear yard setback area and this will increase the extent of the existing noncomformity.

5.) Utilization of renewable energy resources;

This project will not have an undue adverse effect on the utilization of renewable energy resources.

6.) The general public health, safety and welfare;

This project will not have an undue adverse effect on the general public health, safety and welfare.

DECISION

The Town of Derby Zoning Board of Adjustment, based upon the foregoing Findings of Fact and Conclusion of Law, hereby DENIES application #09-115 by Julie Bronson, PIN #PATST003A6L13, for a 13 ft by 19 ft sunroom with a 14 ft rear yard setback because §302 of the Derby Zoning Bylaw does not allow for the expansion of the footprint of a nonconforming structure within any required setback area.

Those in favor: Joe Profera, Paul Prue, Judy Nommik, Norman Gaboriault.

Those in opposition: None.

Dated in Derby, Vermont this 21^st day of September 2009.

Town of Derby Zoning Board of Adjustment

Joe Profera, Chair                                                                                

An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision.  The fee is $250.

If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long.  You will be bound by the decision, pursuant to 24 V.S.A. §4472(d).

This is a local permit application only.  Other permits may be NECESSARY.  The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application.  To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098.

EXHIBIT LIST

TOWN OF DERBY ZONING BOARD OF ADJUSTMENT

Conditional Use Review

Findings of Fact, Conclusion of Law & Decision

July 13, 2009

OWNER: Tim Gustafson-Byrne

MEETING DATE: July 13, 2009

APPLICATION #: 09-065

This decision pertains to Conditional Use review for application #09-065 to expand an nonconforming structure by adding a 24 ft by 30 ft second story addition for a one-bedroom apartment.

FINDINGS OF FACT

Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Zoning Board of Adjustment hearing on July 13, 2009 the Town of Derby Zoning Board of Adjustment makes the following Findings of Fact:

General Information

1. The property is located at 78 VT Rte 111 and is owned by Tim Gustafson-Byrne.
2. The lot is 0.13 ac and is in the Village Residential Multi-Family Derby Center zoning district.
3. The property is on village water and sewer.

This Application

1. The existing building is nonconforming as it does not meet the front or side yard setbacks.
2. The proposed addition will not change the footprint of the building.
3. Additional water and sewer allocation granted from the Village.
4. Parking access is via a private R.O.W off of Rte 111.
5. The existing building is a single story structure and the buildings around this property are more than one story.
6. There are no known renewable energy resources that will be affected by this project.
7. The area is a mixture of residential and commercial uses.

CONCLUSION OF LAW

Based on the foregoing Finding of Fact, the Town of Derby Zoning Board of Adjustment concludes that the proposed site plan provides:

1.) The capacity of existing or planned community facilities;

This project will not have an undue adverse impact on existing or planned community facilities.

2.) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan;

This will not have an undue adverse impact on the character of the area.

3.) Traffic on roads and highways in the vicinity;

This project will not have an undue adverse impact on the roads and highways in the vicinity.

4.) Bylaws and ordinances then in effect;

This project will not have an undue adverse effect on the bylaw in effect.

5.) Utilization of renewable energy resources;

This project will not have an undue adverse effect on the utilization of renewable energy resources.

6.) The general public health, safety and welfare;

This project will not have an undue adverse effect on the general public health, safety and welfare.

DECISION

The Town of Derby Zoning Board of Adjustment, based upon the foregoing Findings of Fact and Conclusion of Law, hereby APPROVES application #09-065 by Tim Gustafson-Byrne for a 24 ft by 30 ft second story addition for a one-bedroom apartment as submitted.

Those in favor: Joe Profera, Paul Prue, Norman Gaboriault, Charles Capaldi.

Those in opposition: None.

Dated in Derby, Vermont July 13, 2009.

Town of Derby Zoning Board of Adjustment

Joe Profera, Chair                                                                                

An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision.  The fee is $250.

If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long.  You will be bound by the decision, pursuant to 24 V.S.A. §4472(d).

This is a local permit application only.  Other permits may be NECESSARY.  The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application.  To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098.

EXHIBIT LIST

TOWN OF DERBY ZONING BOARD OF ADJUSTMENT

Conditional Use Review

Findings of Fact, Conclusion of Law & Decision

June 29, 2009

OWNER: Ted Bolognani

MEETING DATE: June 29, 2009

APPLICATION #: 09-059

This decision pertains to Conditional Use review for application #09-059 by Ted Bolognani, PIN NOSAL004H6T, an 8 ft by 20 ft addition to a nonconforming single-family dwelling.

FINDINGS OF FACT

Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Zoning Board of Adjustment hearing on June 29, 2009 the Town of Derby Zoning Board of Adjustment makes the following Findings of Fact:

General Information

1. The property is owned by Ted & Laurie Bolognani.
2. The property is located at 13 Hideaway drive and is in the Shoreland zoning district.
3. The lot is 0.4 ac with 50 ft of road frontage and 50 ft of lake frontage

This Application

1. The existing camp has 660 sq ft of living area and is centered on the lot with a 15 ft setback on both sides.
2. Minimum side yard setbacks for the Shoreland district is 25 ft, therefore the existing building is nonconforming.
3. The proposed 8 ft by 20 ft addition will be on the back side of the building away from the lake and will not get any closer to the side lot lines than the existing building.
4. The proposed addition is to increase the living area of the building.
5. The number of bedrooms and bathrooms will not increase.
6. The area is very congested with buildings already in close proximity to one another on undersized lots.
7. There are no known renewable energy resources in the area.
8. Onsite water and septic are utilized.

CONCLUSION OF LAW

Based on the foregoing Finding of Fact, the Town of Derby Zoning Board of Adjustment concludes that the proposed site plan provides:

1.) The capacity of existing or planned community facilities;

This project will not have an undue adverse impact on existing or planned community facilities.

2.) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan;

The area is already congested and this project will add to the congestion adversely affecting the character of the area.  The Town Plan section that address nonconforming structures states in part “In certain cases, it may make sense from building safety, site planning, aesthetic, transportation and or streetscape perspective to allow these buildings or sites to be substantially altered, or demolished and reconstructed to be more complying, even if not fully complying status.”  This project would make the building even more nonconforming and therefore adversely affects the Derby Town Plan.

3.) Traffic on roads and highways in the vicinity;

This project will not have an undue adverse impact on the roads and highways in the vicinity.

4.) Bylaws and ordinances then in effect;

This project will not have an undue adverse effect on the bylaw in effect.

5.) Utilization of renewable energy resources;

This project will not have an undue adverse effect on the utilization of renewable energy resources.

6.) The general public health, safety and welfare;

This project may have an adverse affect on public health, safety and welfare due to more intense use of the property and its close proximity to the lake. 

DECISION

The Town of Derby Zoning Board of Adjustment, based upon the foregoing Findings of Fact and Conclusion of Law, hereby DENIES application #09-059 by Ted Bolognani for an 8 ft by 20 ft addition to a nonconforming structure because the character of the area and a stated policy of the Town Plan would be adversely affected.

Those in favor: Joe Profera, Paul Prue, Judy Nommik.

Those in opposition: None.

Dated in Derby, Vermont June 29, 2009.

Town of Derby Zoning Board of Adjustment

Joe Profera, Chair                                                                                

An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision.  The fee is $250.

If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long.  You will be bound by the decision, pursuant to 24 V.S.A. §4472(d).

This is a local permit application only.  Other permits may be NECESSARY.  The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application.  To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098.

EXHIBIT LIST

TOWN OF DERBY ZONING BOARD OF ADJUSTMENT

Conditional Use Review

Findings of Fact, Conclusion of Law & Decision

May 4, 2009

OWNER: Reginald Abbott

MEETING DATE: May 4, 2009

APPLICATION #: 09-035

This decision pertains to Conditional Use review for application #09-035 by Reginald Abbott to expand an nonconforming single-family dwelling by adding a 2 ft by 24 ft addition to square up the building and relocating a previously approved addition 2 ft closer to Crawford Road to be in line with the existing building. 

FINDINGS OF FACT

Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Zoning Board of Adjustment hearing on May 4, 2009 the Town of Derby Zoning Board of Adjustment makes the following Findings of Fact:

General Information

1. The property is owned by Reginald Abbott.
2. The property is located at 30 Crawford Road and is in a Commercial zoning district.
3. The lot is approximately .38 acres with over 200 ft of road frontage.

This Application

1. The existing use of the building is as a single-family dwelling.
2. The existing building is approximately 16 ft from Crawford Road.
3. The setback for the Commercial zoning district is 25 ft.
4. The building predates zoning and is nonconforming.
5. §302.5 of the bylaw establishes procedures to allow for the expansion of a nonconforming single-family dwelling.
6. The property is located along Rte 5 and Crawford Rd with access only from Crawford Rd.
7. No addition water or sewer is being requested.
8. The area is predominately commercial uses with some residential uses further up Crawford Rd.
9. Additional traffic generate by this project will be minimal.
10. There are no known renewable energy resources that will be affected.

CONCLUSION OF LAW

Based on the foregoing Finding of Fact, the Town of Derby Zoning Board of Adjustment concludes that the proposed site plan provides:

1.) The capacity of existing or planned community facilities;

This project will not have an undue adverse impact on existing or planned community facilities.

2.) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan;

This will not have an undue adverse impact on the character of the area.

3.) Traffic on roads and highways in the vicinity;

This project will not have an undue adverse impact on the roads and highways in the vicinity.

4.) Bylaws and ordinances then in effect;

This project will not have an undue adverse effect on the bylaw in effect.

5.) Utilization of renewable energy resources;

This project will not have an undue adverse effect on the utilization of renewable energy resources.

6.) The general public health, safety and welfare;

This project will not have an undue adverse effect on the general public health, safety and welfare.

DECISION

The Town of Derby Zoning Board of Adjustment, based upon the foregoing Findings of Fact and Conclusion of Law, hereby APPROVES application #09-035 by Reginald Abbott to add a 2 ft by 24 ft addition to square up the building and relocate a previously approved addition 2 ft closer to Crawford Road to be in line with the existing building as submitted.

Those in favor: Paul Prue, Norman Gaboriault, Charles Capaldi.

Those in opposition: None.

Dated in Derby, Vermont May 4, 2009.

Town of Derby Zoning Board of Adjustment

Paul Prue, Acting Chair                                                                      

An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision.  The fee is $250.

If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long.  You will be bound by the decision, pursuant to 24 V.S.A. §4472(d).

This is a local permit application only.  Other permits may be NECESSARY.  The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application.  To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098.

EXHIBIT LIST