TOWN OF VERMONT
COUNTY OF CHITTENDEN
STATE OF VERMONT
IN RE: Ben and Erica Farmer
87 Bayview Road
Colchester, VT 05446
87 Bayview Road
Colchester, Vermont 05446
Tax Map 67, Parcel 022013
Account # 67-022013
FINDINGS OF
On the 11th day of April 2018 the Colchester Development Review Board upheld the appeal of the Administrative Officer’s denial of building permit #25822 for the after-the-fact installation of a roof mounted solar array that does not meet Chapter 4-3(b), R324.7.2.2 and 324.7.2.5 of the International Residential Code. This decision applies to lands identified in book 790, page 374 of the Colchester Land Records. Property is located at 87 Bayview Road, tax map 67, parcel 022013 and the decision to uphold is based upon the following facts:
I. DISCUSSION
On
Excerpt of Minutes from
L. Riddle recused herself from the appeal.
Ben Farmer was present on behalf of the appeal.
The presentation included, but was not limited, to the following:
- The property is in violation for the installation of roof mounted solar array.
- B. Farmer installed the solar paneling himself.
- Any changes would make the paneling ineffective and would require a new inverter.
- The violation was issued as a result of the after-the-fact permit for the roof mounted solar array being denied due to International Residential Code not being met.
- The solar panels will either need to be re-arranged to meet the access pathway or removed from the rooftop.
- B. Farmer also asked the Board to consider the integrity of the roof from the holes created by removing the panels.
Derek Shepardson, Building Inspector, was called upon to confirm the current position of the solar panels over the roof ridge does not allow access by the Fire Department. B. Farmer proposed removing 3 panels from the sides to meet code, but will not be able to comply with regulations pertaining to roof ridge and Fire Department access. He stated that ventilation would not be allowed in lieu of the ridge clearance.
The Board reviewed the appeal.
Mr. Matthew Andrews, located at 148 Bayview Road, addressed the Board and wanted to confirm the Board received his letter of testimony to uphold the Administrative Officer’s decision to deny the permit. S. Hadd confirmed the letter was in the file.
A motion was made by A. MacDonald and seconded by E. Richard to close the public hearing. The motion passed with a vote of 7 – 0.
L. Riddle returned to her position as staff.
In deliberative session, a motion was made by J. Swenor and seconded by A. MacDonald to uphold the Administrative Officers denial of building permit #25822. The motion passed with a vote of 7 – 0.
II. FINDINGS
AFTER CONSIDERING THE APPLICATION, A PHOTOGRAPH, CHAPTER 4-3(b), R324.7.2.2 and 324.7.2.5 OF THE INTERNATIONAL RESIDENTIAL CODE,
III. CONCLUSION
The Board hereby upholds the administrative officer’s denial of building permit #25822 for the after-the-fact installation of a roof mounted solar array for property located at 87 Bayview Road, tax map 67, parcel 22-1.
IV. APPEAL RIGHTS
The owner of the project property and interested persons have a right to appeal this decision, within 30 days of the date this decision is issued, to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V.R.E.C.P. in writing to the Vermont Environmental Court, 32 Cherry Street, 2nd Floor, Suite 303 Burlington, VT 05401 and a copy to Colchester Development Review Board at P.O. Box 55, Colchester, Vermont 05446. The fee is $295.00 made payable to Vermont Environmental Court. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 V.S.A. § 4472 (d) (exclusivity of remedy; finality). This also applies to any interested person(s) who may have had a right to appeal.
