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Applicant seeks variance to place tiny home inside 40‑foot front setback on VT‑106; board closes hearing
Summary
Kevin McCabe requested a variance to place a tiny home (classified as a mobile home) inside the 40‑foot front setback at 3250 VT‑106. Staff flagged steep rear slopes and wetlands; the board closed the hearing after a 4‑0 vote and noted that state water/wastewater permitting and further legal questions may apply.
Kevin McCabe, the applicant for parcel 07‑01‑26, told the Weathersfield Development Review Board he is the sole heir to the property and wants to place a single‑unit tiny home on the lot as a residence while using the existing building for accessory storage. Ryan Gumbart, the Land Use Administrator, said the application was processed as a permit for a mobile home under town regulations and was denied because the tiny home would not meet the 40‑foot front setback. Gumbart stated, "The front setback is required to be 40 feet."
Board members discussed physical constraints on the parcel. Mr. Hindinger and staff noted steep slopes (about 25%) behind the existing house and nearby wetlands and a deer‑wintering area. Staff advised the board that moving the tiny home farther from Route 106 would place it on the steep slope; they also said a legal opinion may be necessary to determine whether occupying a newly permitted tiny home would affect the lot's existing nonconforming dwelling status.
After review of variance criteria and site conditions, Michael Cohen moved and Grace Knight seconded to close the public hearing; the motion passed 4‑0. The board did not render a final vote on the variance at the meeting. Staff reminded the applicant that state water and wastewater approvals are a separate process and included as a likely condition in any future action.
Next steps: the DRB will deliberate and issue any decision or conditions in writing following the hearing record; applicants are expected to pursue necessary state permitting for water/wastewater if approval is granted.
