East Hampton Zoning Board of Appeals
Regular Meeting
March 10, 2008
Town Hall Meeting Room
7:00 P.M.
Unapproved Minutes
1. Call to Order: Chairman Nichols called the ZBA Meeting of March 10, 2008 to order at 7:00PM
Members Present: Chairman Charles Nichols, Members Sharon Ives-Lawson, Suzanne Redfield, Brendan Flannery
Alternate Members Present: Vincent Jacobson, Brian Spack,
Absent: Willie Fuqua, Linda Dart
Staff Present: James Carey, Building, Planning & Zoning Administrator
2. Seating of the Alternates: Vincent Jacobson was seated
3. Legal Notice: Mr. Carey read the legal notice.
4. Approval of Minutes
a. February 11, 2008 Regular Meeting:
Ms. Redfield moved, and Mr. Jacobson seconded, to approve the minutes of February 11, 2008 regular meeting as submitted. The motion carried unanimously.
Mr. Flannery moved that the agenda be re-ordered to allow the review Application of William Bailey, 33 Knowles Road, requesting a variance of the East Hampton Zoning Regulations, Section 20.1 to construct an accessory building in excess of 1/3 the total square footage of the principal dwelling – M 2C/B 18/L 16. Motion was seconded by Ms. Redfield. The motion carried unanimously.
5. Application of William Bailey, 33 Knowles Road, requesting a variance of the East Hampton Zoning Regulations, Section 20.1 to construct an accessory building in excess of 1/3 the total square footage of the principal dwelling – M 2C/B 18/L 16.
Mr. Bailey was before the commission with an explanation of a proposed garage he would like to construct on his property. The need for the garage size is to store 2 vehicles, one being a 19’ truck in addition to a tractor, loader, and utility vehicle. Mr. Bailey has mailed to the abutting neighbors. Mr. Flannery asked for clarification of the dimensions. 25’ x 41’ is the size of the proposed structure for the record. Ms. Lawson stated of this issue the ZBA is faced with frequently and hopes in the near future to have the zoning laws amended.
Mr. Carey stated the MHHDC approved this application 5-0-0 at the January 31st meeting.
Tom Otto, 27 Knowles Road, supported the application stating that the Baileys have already done a number of improvements to the property.
Mr. Flannery moved, and Ms. Redfield seconded, to approve the application of William Bailey, 33 Knowles Road, requesting a variance of the East Hampton Zoning Regulations, Section 20.1 to construct an accessory building in excess of 1/3 the total square footage of the principal dwelling with the stipulation that the building comply with the submitted plans before the commission with a revised dated 1/30/08 indicating a 41’ length depth. Motion passed unanimously.
6. Application of John Sienko, 51 Bay Road, requesting a variance of the East Hampton Zoning Regulations, Section 6.1 to reduce east side yard setback to 6’ and rear yard setback to 19’ to construct a deck on back and side of house- M 09A/B 70/L34. Continued from the February 11, 2008 Regular Meeting.
Mr. Flannery stated that although he was not present at the February meeting when discussion of this matter took place, he has listened to the recordings from the meeting in addition to visiting the site. Ms. Lawson also visited the site.
Attorney Barber asked the board of re.an issue regarding conflict of interest. Attorney Barbers office has a in the past represented a client that has made a complaint against the board where his firm is a witness. Mr. Carey stated it is at the board’s discretion as to weather there is a conflict of interest or not. Members of the commission stated there was not a conflict of interest and Attorney Barber may continue.
Attorney Barber has had discussions, along with offering a variety of scenarios to Mr. Stevens, all of which were rejected. Mr. Sienko however has agreed to amend his application by withdrawing the front deck, facing the waterline. The side deck facing the Westbrook property he wishes to continue as presented. Attorney Barber submitted previous documentation showing CT State laws and paraphrased the applicable law with hardship discussion.
Mr. Flannery stated that when he visited the property in previous years there was visible signs of erosion and if there ever was a property that had a topographical hardship it was 51 Bay Road. Since then, the current owner has made drainage improvements to the property and the only area that was suitable outside the footprint of the home for any kind of decking or landscaping was the lower end.
Mr. Nichols moved to close the public hearing. Motion was seconded by Ms. Lawson. The motion carried unanimously.
Mr. Flannery moved to approve the amended application of John Sienko, 51 Bay Road, requesting a variance of the East Hampton Zoning Regulations, with the stipulation of the plans that are going to be finalized for this deck be submitted to the building department. Motion was seconded by Ms. Redfield. The motion carried unanimously.
7. Election of Officers
Ms. Redfield moved, and Mr. Flannery seconded, to nominate Charlie Nichols as the ZBA Chairman. The motion carried unanimously.
Ms. Ives moved, and Mr. Jacobson seconded, to nominate Brenden Flannery as the ZBA Vice Chairman. The motion carried unanimously.
8. Old Business- None
9. Public Comments
John Jordan member of the Lake Pocotopaug Commission was before the ZBA to advise them of the upcoming Education Seminar that will take place in the East Hampton Library Community Room on April 21st and 24th at 7pm. Mr. Jordan also requested a member of the ZBA be appointed to liaison for the Lake Pocotopaug Commission that meets the 3rd Thursday of every month in the town hall meeting room at 7pm.
10. Adjournment: The meeting was adjourned at 7:45 P.M.
Respectfully Submitted
Kamey Peterson
Recording Secretary
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