Meeting Minutes : Zoning Board of Adjustment



March 19, 2012


Zoning Board of Adjustment Members Present – Rick Conway – Vice Chairman, Clarence Greeno, John Mitchell, Jack Orvis, Jim Morale, Stanley Markowski – Chairman.


Others Present – Alan Roberge, Roberta Scarcello, Kevin Brown, Margaret Evans, Carol Grace, Travis Bovey, Ken Niemczyk – Zoning Administrator, and Kelly Giard – Recording Secretary.


Stanley Markowski, Chair, called the Zoning Board of Adjustment to order at 7:00 PM.


S. Markowski explained that the purpose of the meeting was to hear the application by Travis Bovey appealing the decision of the Zoning Administrator denying an application for an off-premise sign.  The notice was originally posted at the Town of Pittsford Municipal Offices, and was also posted in the Rutland Herald.


S. Markowski introduced the members of the Zoning Board of Adjustment.  There were no parties stating conflict of interest.


S. Markowski swore in:  Travis Bovey, Alan Roberge, Roberta Scarcello, Kevin Brown, and Margaret Evans


S. Markowski explained the procedures of the meeting.


S. Markowski indicated that the request was to place an off-premise sign on property owned by OMYA at 284 West Creek Road (parcel #992).


K. Niemczyk presented a letter from OMYA and the letter of appeal of decision for the Zoning Board to review.  K. Niemczyk indicated that he had investigated the Zoning Regulations concerning the location of an off-premise sign and was able to find nothing.  Due to the fact that the regulations did not cover this topic specifically, the permit was denied, thus, prompting an appeal by Mr. Bovey,


R. Conway inquired the definition of an off-premise sign.  K. Niemczyk indicated that the definition is a sign that is not on the property that the business is located and that there is no specific criteria.


J. Morale inquired if Mr. Bovey had contacted the Vermont Agency of Transportation.  Mr. Bovey indicated that there has been no AOT contact.


There was discussion concerning this proposal and the Zoning Board of Adjustment made the decision to seek legal council on this request.  Motion by J. Orvis and seconded by J. Morale to recess the meeting until April 9, 2012 at 7:00 PM.  Motion passed unanimously.


Mr. Bovey exited at 7:23 PM.


S. Markowski introduced the second application for discussion as being an application by Margaret Evans and Kevin Brown (Groundworks Farm) for a variance to allow the placement of a recreational vehicle for farm labor housing on property owned by The Cadwell’s (property is located at 697 Elm street).


S. Markowski indicated that the notice of the meeting was posted and dated on March 1, 2012 and also appeared in the Rutland Herald.


K. Niemczyk indicated that the application was requesting a variance to extend the amount of time that the residents were occupying the vehicle from the 90-day time period to a period from April 1 through November 25 for the years of 2012 and 2013.


J. Mitchell discussed the plot plan and the site of the vehicle.  Ms. Evans presented an updated plot plan.  J. Mitchell inquired the purpose of the addition that appears on the vehicle, however, is not indicated on the plot plan.  Ms. Evans indicated that this was only a pressed board mudroom type area so that the employees can remove muddy/wet clothing prior to entry.  J. Mitchell indicated that the dimensions of the camper need to be indicated on the plot plan, as well as does the addition.


S. Markowski inquired what would happen to the vehicle after the November 25 date.  Ms. Evans indicated that the vehicle would remain in place and the employees work would be completed.


J. Mitchell inquired how many occupants would be living in the camper.  Ms. Evans indicated that there would be no more than 2 occupants at any given time.


J. Mitchell inquired what facilities would be utilized.  Ms. Evans indicated that the cooking, showering and laundry would be done within the farmhouse and that the camper would only used for sleeping.


K. Niemczyk received letters, which were read by the members of the Zoning Board members.  S. Markowski requested the letters be attached to the minutes.


Al Roberge spoke in favor of the proposal and indicated that Ms. Evans and Mr. Brown were hard workers and it is nice to see a working farm in the area.  Ms. Evans was asked why the proposal was only for 2 years.  Ms. Evans indicated that this was the length of the lease from the Cadwell’s.  Mr. Brown indicated that this was also a trial project.


S. Markowski inquired why the vehicle was not being placed in a campground situation with the employees commuting.  Ms. Evans indicated that this option was not explored.


R. Conway inquired if the camper was insulated or heated.  Mr. Brown indicated that there was a propane heater.  The dates were discussed and the dated cover an extended growing period to include the planting, harvesting, and processing of the produce.


Ms. Scarcillo indicated support for the proposal and indicated that the farm is a neat and clean area and is happy to see a working farm in the area.


S. Markowski inquired if there was any exemption for agricultural uses.  K. Niemczyk indicated that the purpose of the permit was for an extension of the 90-day allocation.


The criteria that is included in the Zoning Regulations was discussed.


R. Conway inquired the dimensions of the camper.  Mr. Brown indicated that the measurements are approximately 30’ long X 7’ wide.


J. Morale inquired why there is a 90-day limit on the regulation.  Following discussion, it was deemed the limit was due to sanitary and health conditions.


R. Conway indicated that, following testimony, the water requirements were met by use within the farmhouse.


There was discussion of the possibility of moving the camper from parcel to parcel every 90-days.  This option was deemed not feasible and that the camper could only be on 1 parcel of land for 90-days within a 1 year period.


Ms. Evans testified that the water facilities in the camper would not be utilized or hooked-up.


With no further testimony, a motion was made by R. Conway and seconded by C. Greeno to enter into Deliberative Session at 8:55 PM.


The Zoning Board of Adjustment exited Deliberative Session at 9:08 PM.


Motion by J. Mitchell and seconded by J. Orvis to recess the hearing until April 9, 2012 at 7:00 PM and seek legal council on this hearing.  Motion passed unanimously.


Meeting was recessed at 9:09 PM.


Respectfully Submitted




Kelly Giard, Recording Secretary





Stanley Markowski, Chair


                                                                        Richard Conway, Vice Chair


                                                                                                                                                James Morale


                                                                        Clarence Greeno


                                                                        Jack Orvis


John Mitchell