Planning Board Hearing on Ordinance Changes

December 16, 2008

Members in attendance: John Sheehy, Lynn Cook, Nan Schwartz, Tom Marshall and Fran Greene

Absent: Dennis Kelly, Bill Cole and Ken Eastman

 Public: Pat and Marcellus Liotta

Sheehy called the hearing to order at 7:00PM.

Schwartz motioned that Fran Greene sit in for Ken Eastman. Marshall seconded the motion. Motion passed.

Sheehy stated that this hearing is to review the Planning Board's proposed changes to the Land Use Ordinance to include "guest cottage" in section 301 and definitions.

Sheehy asked for Board Member comments. Greene apologized for missing the previous meeting and asked how the annual occupancy permit would work. Sheehy stated that the permit would go through the Selectmen's Office.  

Sheehy read two letters that had been forwarded from the Selectmen's Office in opposition to the proposed changes. Sheehy explained that the letters were both from residents who live in associations that their covenants would supersede the Land Use Ordinance.

Sheehy asked for public comment.

Pat Liotta stated her concerns with an association having covenants and making property owners aware that their association may have stronger regulations. Liotta gave an example of a home that had running water and electricity over a garage, which is not allowed by the Lake Ashuelot Estates land use ordinance. Liotta said that she had concerns of what would be considered a guest cottage and the inspection of these properties. Marshall said that the reason behind the inclusion in the Land Use Ordinance is that we have some properties in Town that already have guest cottages and with this inclusion the Selectmen would have a clear definition and the backing of the Town to have a property owner comply with the permitting process. Liotta said that if it is not on the books someone may be leery of doing something that they are not sure of. Marshall said this would make the property owner be held up to a standard. Greene asked if this would grandfather any current guest cottage. Sheehy said no, all existing guest cottages would have to go through the building permit process. Sheehy said that this would allow the Selectmen to apply a fine of up to $250.00 a day for non-compliance. Cook asked about the house that Liotta spoke. Liotta said that the property has passed hands many times over the last few years. The property owner has been advised that there cannot be living quarters over the garage according to the LAE land use ordinance. The owner will comply and then when no one is looking they hook up the water again. Marshall said with this adoption to the Land Use Ordinance a person that has a guest cottage would have to come in yearly for an occupancy permit. Liotta asked about the setbacks. Sheehy advised that the guest cottage must meet all of the setback requirements in the Land Use Ordinance. Liotta expressed her concern with the inclusion of the proposal in the Land Use Ordinance and thanked the Board for their time.

The board discussed to clarify the definition of foundation and some of the wording. Schwartz will re-send a copy to all Board Members.

Sheehy asked for a date for the next Public Hearing. The Board agreed to hold another Public Hearing for the matter on January 6, 2009 at 6:30PM.

Schwartz motioned to adjourn. Marshall seconded the motion. All voted in favor. The Hearing was adjourned at 8:15PM

Respectfully,

Michelle Dagesse

Recording Secretary

Planning Board

Town of Washington