ZBA hearing on Sawyer Mansion ADU spotlights homestead, timing and enforcement questions

Acting Chair Rick Gramlin convened the Zoning Board of Adjustment on July 29 to hear application W-12-26 from Two Lakes, LLC seeking a permit to place an accessory dwelling unit (ADU) at 6492 VT Route 100, known as the Sawyer Mansion. Attorney Ron Ferrara presented photographs and told the board the applicant, Christopher Roberts, has designed a container-built structure whose color, shape and siding could be considered consistent with the neighborhood context. Town Attorney Robert Fisher told the board the town has filed a notice of contempt because the zoning application was submitted June 26 and the wastewater permit was not submitted until June 25; a prior enforcement order required removal of the ADU if necessary permits were not obtained by June 30.

Neighbors and board members pressed the legal question of whether an LLC may claim owner-occupancy under a 2026 state law requiring the property to be owner-occupied for certain ADU permissions. Mr. Fisher summarized the legal issue and said he was uncertain that an LLC could file a homestead. Mr. Ferrara responded that the property could be transferred back into Mr. Roberts’s name to address the homestead question. On appeals, Mr. Fisher told the board that if Mr. Roberts appeals a ZBA decision the court will hear the matter "brand new," and he added, "IF there is any ambiguity the tie goes in favor of the applicant." The applicant later withdrew the filing and said he would correct ownership paperwork and resubmit.