Design Review Board Meeting

Present: Ray Ferrarin, Shirley Maiden, Brenda Madkour, John Watanabe, Perry Green, Devin Halligan, Julie Nolan; Tim Waker, Bob Bushee, Alan Benoit, John Watanabe, Gerry Deyo, John Griffin, John Watanabe; Kaitlyn Filippi, Sydney Schiffman; also Planning Director/Zoning Administrator Lee Krohn, and others per sign in sheet.

The minutes were tabled.

Design Review applications:

Avalanche Motel/Family Fun Center, 2187 Depot Street: Design Review OK with a new sign panel for the fun center, to hang under the existing sign for the motel, of similar color and materials. Design Review also OK with proposed outdoor seating (picnic tables) in two locations.

Motion Bushee to approve both as presented; seconded by Griffin and OK unanimously.

Vanderbilt Properties, 72 Depot Street: Design Review OK with proposed landscaping changes in front of the ‘Crystal Palace’, in species selection and design in the Gordon Hayward plan. Existing conditions and several ailing trees were discussed, along with growth patterns and salt tolerance of the proposed pin oaks, the annuals and perennials for the understory, and soil conditions to be created and improved. Motion Benoit to approve as presented; seconded by Kalinsky and OK unanimously.

Savoy, 696 Silver Springs Lane: parties were sworn. Phoebe Savoy lives in her home on two acres of land at this location, and for years has had a customary home occupation allowing her to run a dog grooming business, and to house overnight no more than four dogs at a time. The reason for that limit: a dog kennel is specifically prohibited as a home occupation, and a dog kennel is defined as housing...five or more dogs... Here, Savoy seeks a variance from that limit, seeking permission for up to 15 dogs. She sought to justify the request by way of comparison to other theoretical uses of the property that she believed would create greater impacts. Neighbor Stroup, and members of the Wilcox family who live on this road, spoke in opposition to the application, citing concerns about noise, traffic, and impact on the neighborhood and ability to enjoy their homes. Stroup also offered testimony suggesting that the application could not meet the variance criteria.

The variance criteria were reviewed. Questions were raised about how this application could satisfy the criteria, which are oriented primarily toward physical constraints of land that would otherwise render property difficult or impossible to develop in a reasonable manner. The hardship is not supposed to be self created; nor created by general operation of the zoning bylaws. While everyone wishes success for the applicant, she must still meet the criteria to be granted a variance. It was also asked whether Savoy could take steps to lessen existing noise issues, which some neighbors already find challenging, let alone those that might occur if more dogs were boarded. With no other questions, motion Benoit to close the hearing; seconded by Bushee and OK 6-0.

Chamber of Commerce banner, 1191 Depot Street: being an appeal of the Zoning Administrator, Krohn stepped down from the table to participate from the audience. Parties were sworn. Myerson and Sparkman offered their case. Krohn explained his case.

Considerable discussion ensued. With the issues apparently exhausted, motion Bushee to close the hearing; seconded by Deyo and approved unanimously.

The Board took a brief recess; tabled the minutes until the next meeting; and signed decisions in the Michaud and Habitat for Humanity cases. Motion Benoit to enter closed deliberative session; seconded by Bushee and OK unanimously. Krohn left the room when the appeal was discussed. The Board concluded its deliberative session and adjourned at 11:00 P.M.