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Board Of Adjustment

11 am 4/16/08

Board of Adjustment met to discuss a variance for a Tiki Hut in the north end of town….

I asssumed it was the new board…seeing that old boards were disbanded last month by the new commission….

I was surprised to see Bill Hubley as Chair…. along with 3 others….Tom Carr was missing….

so was this a correct board for making the decision?…..

Our new Town Atty was there….Dan Abbott….

Tatiana from code/development office was present…..

Also present was the applicant….

The questionable Tiki Hut was built without a permit by the homeowner after being advised it was not necessary per the contractor/ installer…business owner…

It was built outside the required set back… in the applicant’s backyard…replacing a hot tub…

The variance…which must involve a hardship…was based on the shape of the property….an argument with merit according to both Tatiana and the New Town Atty.

The choice of the board ….to recommend either to deny the variance…resulting in the hut being torn down….

or…granting the variance…which would result in a penalty being paid by the owner of double permit fees….and direction to the commission to approve at the May 13, 2008 commission meeting to also approve the hut.

According to paperwork provided…neighbors who would be directly impacted by the Tiki Hut had no problem with it….

Each member discussed the project….

The discussion ranged from not agreeing there is a hardship….

having a problem with those coming before the board after the fact…disregasrding the process….

how it could be either rotated or built smaller …

other comments….

suggesting Town Topics be used to advise residents to call the building dept. before any construction to verify the need for permits…variance etc….

understanding what transpired …with personal knowledge of the contractor/business owner …and taking the individual’s advice as this applicant did…

understanding the premise of the property shape as a hardship…along with the double permit fee fine and the additional weight of the approval of the affected neighbors…

Final vote 3-1 approval…

It will now be in friont of the full commission on May 13, 2008…7 pm…

The applicant was advised by the outgoing… Chair…(who was still sitting Chair )….for the applicant to attend the May meeting….

informing him that the last applicant who was approved by the board did not attend and the variance was denied by the commission.

The outgoing chair said his goodbyes to the board…

Adjourned…

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