Zoning Board of Appeals—April 25, 2017

Middlefield Zoning Board of Appeals

April 25, 2017

Minutes

(Not approved at time of filing)

1. Meeting called to order by Chris Champagne,

2. Roll Call:

Present were Chris Champagne-regular, Dave Glueck-regular, Charles Augur-regular, Joe Angello-regular, and Peter Neidhardt-alternate. Peter Neidhardt was seated as regular member.

3. Approval of Agenda

4. A motion to approve the agenda as published was made by Dave Glueck, seconded by Charlie Augur, and approved by all.

5. Approval of minutes

Corrections for March 28, 2017 (My apologies) Correct Peter Neidhardt when ever noticed in the minutes.

Pg. 2 correct typo 1st line each existing

Motion to approve the minutes of March 28, 2017 as amended was made by Dave Glueck, seconded by Joe Angello and approved by all.

Motion to re-open the Public Hearing for 344/346 Baileyville Rd was made by David Glueck, seconded by Joe Angello and all were in favor.

Mr. Champagne asked Mr. Karle to continue. Mr. Champagne read a note into the record written by Mr. Karle. This will be marked exhibit D.

Mr. Karle met with Peter Tyc (Fire Marshal). Mr. Tyc said he would not have any issues for access to the properties. Mr. Champagne asked how wide Mr. Karle would be willing to go to extend the current access of approximately 12’ width. Mr. Karle said he would widen the access at whatever is suggested by the Fire Marshal. There will be a legal 25’ width designated on the site plan and currently the driveway shifts toward 346 Baileyville Rd.

Mr. Karle was confused by what variances would be applied to his application. Mr. Glueck asked who would own the strip of land used to access the lots. Mr. Karle said there would be contingencies in the deed to cover this. Discussions and clarifications continued.

Discussions from the previous meeting were reviewed for both Mr. Karle and the board. Mr. Champagne wanted to be sure Mr. Karle fully understood the requests.

A member of the audience Dineen Saks asked to look at the map where the location of the house would be. Ms. Saks asked about the farm roads. Mr. Karle explained where the driveway would be. The maximum access is 1100 sq. ft. The discussion continued. Mr. Champagne talked about a condition regarding a buffer between Louis Rd.

Mr. Champagne read into the record a letter marked exhibit E from Mr. Karle. Mr. Karle spoke with the closet neighbor, Ms. Ludwig. He explained she said she if given the choice, would not want to see a house but would get used to it. Mr. Champagne said Ms. Ludwig has NOT in writing or attendance voiced objection.

Mr. Champagne read another letter into the record from Mr. Karle marked exhibit F. Discussion regarding the Louis Rd. subdivision and interior lots continued. Mr. Champagne talked about the amount of interior lots for that subdivision. What was approved in the past by Planning and Zoning does not have anything to do with what is currently happening. Mr. Karle continued to discuss Louis Rd and a separate lot marked at the end of the subdivision. This map was marked exhibit G. Mr. Karle brought that piece from Mr. Lombardo at the time of the subdivision discussions. Mr. Karle discussed old regulations or conditions (not clear) that were presented at the time of the Louis Rd, subdivision. This was marked exhibit H. It was clarified that there was no intention of gaining road access to Mr. Karle’s property from Louis Rd although preexisting regulations and conditions for the subdivision would have allowed it prior to that land purchase. Mr. Karle stated he never intended to subdivide that piece of property. Mr. Champagne stated the board is focused on what Mr. Karle wants to do with this property today. Discussions continued. Mr. Karle concluded his presentation. Mr. Champagne asked about possible conditions if variances were granted.

Discussions regarding drive way access continued. Mr. Karle is willing to give up future rights to subdivide. He has a total of approximately 18 acres, with 3 residences taking up less than 7 ½ acres, and he is willing to give up development rights of those 10 existing acres with these variances.

After a stretch break the meeting was opened up to the audience.

Kevin Murray said he came to hear more options and feels hardship, in his opinion, has not been met. He addressed the buffer line that was previously discussed.

Ms. Saks asked the board to consider being very strict in going forward with the decision because everyone is passionate about this application.

Mr. Champagne talked about the unknown which some of the neighbors talked about previously. He felt Mr. Karle was willing to end the unknown with the conditions discussed. Mr. Champagne stipulated once the variance with conditions goes into the land records it would apply to any future development.

Discussions continued. Mr. Champagne encouraged. Mr. Karle to contact Mr. Vito for placement of septic and leaching. Ms. Saks asked about outbuildings.

Mr. Champagne asked Mr. Karle to talk to Mr. Colgrove about the conservation road. Mr. Champagne talked about the “ECRD Zone” and possible restrictions. Mr. Champagne asked Mr. Karle to take more precise measurements. Mr. Murray suggested to Mr. Karle to talk to Mr. Vito to be sure he can do what he is proposing. Mr. Karle explained to Ms. Saks where the proposed house will be on this property.

Discussions continues. It was suggested that the public hearing be once more continued so Mr. Karle can get additional information for the board and he can be clear on how he wants to proceed.

Motions to continue the Public Hearing for 344/346 Baileyville Rd on May 23 2017 was made by Peter Neidhardt, seconded by David Glueck. All were in favor.

6. The Public Hearing will be continued. No deliberations

.

7. New Business: none

8. Chairmen’s’ report: PO for membership dues will be issued.

9. Miscellaneous: nothing

5. Adjournment:

Motion to adjourn at 10:36 was made by Joe Angello, seconded by Charles Augur and all were in favor.

Prepared by Nancy Davidson Page 1