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Zoning Board of Appeals Minutes 07/11/2012
MINUTES
Zoning Board of Appeals
Town of Old Saybrook

NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Old Saybrook at its Meeting that was held on Wednesday, July 11, 2012 continued to July 12, 2012  at 7:30 p.m. at  the Town Hall, First Floor Conference Room, 302 Main Street, heard and decided the following appeals:

Seated for this evenings meeting and voting were the following members: Rexford McCall, Chairman, Adam Stillman, Secretary, Dorothy Alexander, Vice Chairman, Philip Broadhurst and Robert McIntyre.

Present:  Christopher Billiau, alternate and Kim Barrows, Clerk

Absent:  Carl Garbe, alternate

The meeting was then called to order at 7:30 p.m.

The following public hearings were conducted, as well as the decision making sessions.  The meeting has been recorded on tape and the following actions were taken:

The Chairman introduced the Board members who were seated for this evenings meeting. The Chairman then proceeded to read the Legal Notice into the record.

11/12-42 B Francis & Sharon Henderson seek a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change), Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/35’ required/18.0’ on east side) and Par. 24.5.1 (front yard setback/25’ required/22.0' proposed) of the Zoning Regulations to permit second floor addition and enclosure of space between breezeway and house on property located at 26 Neptune Drive (Cornfield Point), Map No. 4, Lot No. 224.

CONTINUED PUBLIC HEARING:

Present:  Edward Cassella, Esquire, agent for the applicant; Mr. Henderson, applicant and Pat Toolan, Builder.

Attorney Cassella gave an overview of the plans that were presented last month along with the requested new site plan and elevations of the structure.  Attorney Cassella also presented to the Board pictures of the area showing the elevations.  The second floor is over existing dwelling and is gabled in the front.  R. McCall went over the variances requested.  The enclosure of the space between the breezeway and the house is a small space and does not impact the overall picture of the structure.  

The Chairman opened the floor for comments from the audience either in favor or in opposition.  There was no audience participation and no further comments from the Board.  The public hearing closed at 7:45 p.m.

VOTING SESSION:

Discussion with respect to the public hearing that closed this evening.  The matter was continued from the June meeting so that additional information could be provided to the Board in order to make an informed decision. A. Stillman stated same building but now that the Board has the documents to make an informed decision he has no objection.  R. McCall sees no concerns or threat to the zoning regulations.  P. Broadhurst concurred.  The hardship is the corner lot with two street setbacks.  The addition is within the homes existing footprint.

A Motion was made by R. McCall, seconded by A. Stillman to GRANT Application 11/12-42, Francis & Sharon Henderson.  It presents a unique situation in that it requires adequate frontage from two roads as it is on a corner lot, it represents no expansion of the existing footprint and is in harmony with the area.  No discussion and a vote was taken:  In favor:  R. McCall, A. Stillman, D. Alexander, P. Broadhurst, R. McIntyre   Opposed:  None  Abstaining: None   The motion passed unanimously. 5-0-0  

11/12-43 B Junelle Giannini seeks a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change), Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/30’ required/ 28.0' proposed for streeline ramp), Par. 24.5.3 (sideline setback/15' required/3.4' proposed for ramp), Par. 24.5.3 (sideline setback/15' required/11.8' proposed for addition) and Par. 24.5.4 (coverage/20% allowed/34.4% proposed) of the Zoning Regulations to permit finishing existing covered concrete patio and constructing a handicapped ramp on property located at 54 Hartford Avenue (Saybrook Manor), Map No. 13, Lot No. 101.

CONTINUED PUBLIC HEARING:

Present:  Edward Cassella, Esquire, agent for the applicant; Ms. Giannini, applicant

Attorney Cassella gave an overview of the plans that were presented last month.  The existing structure is on a 50’ x 125’ lot which the applicant has owned for 18 years.  The applicant wants to convert the home to year-round use.  The lot is in a flood zone and needs to meet FEMA requirements.  The proposal is to replace an existing covered patio with an addition to the structure that will be a handicap accessible bathroom and add an ADA approved handicap ramp.  The existing steps will be improved.  The ramp will be encroaching into the setbacks since it needs to get the maximum pitch to meet the standards.  The hardship for the variance requested for the sideline is the fact that the house is nonconforming and is on a nonconforming lot, plus the imposition of the regulations on the existing lot.  The ramp adds an additional 370 s.f. to the overall coverage.  The ramp can’t be placed any place else on the lot due to the location of the septic system and the propane tanks.  D. Alexander asked if the sheds were staying, the applicant replied yes and they are included in the coverage calculation.  Mr. John Giannini stated that the two sheds were needed to store wheel chairs, golf cart and scooters plus the lawn and garden equipment.  There is no basement.  A. Stillman stated that other homes in the area had two sheds.  A petition signed by the neighbors in favor was entered into the record.  The Chairman opened the floor for comments from the audience either in favor or in opposition.  Ms. Gianinni spoke in favor since they would like to live here year-round and need the handicap accessible bathroom and ramp.  There was no further audience participation and no further comments from the Board.  The public hearing closed at 8:10 p.m.

VOTING SESSION:

Discussion with respect to the public hearing that closed this evening.  The matter was continued from the June meeting so that additional information could be provided to the Board in order to make an informed decision.  With the plans, the Board noted that the addition would be constructed where an existing slab with a roof is.  The increase in coverage is due primarily to the installation of the handicap ramp.  The hardship is the size of the lot and the location of the house on the lot.  D. Alexander stated that she would like to see something out back.     

A Motion was made by A. Stillman, seconded by P. Broadhurst to GRANT Application 11/12-43, Junelle Giannini.  The applicant has demonstrated significant hardship, the narrow size of the property with the significant setbacks creates a difficulty.  And it is consistent with the neighborhood and all other concerns.  No discussion and a vote was taken:  In favor:  R. McCall, A. Stillman, P. Broadhurst, R. McIntyre   Opposed:  D. Alexander  Abstaining: None   The motion passed. 4-1-0  

A. Stillman recused himself, C. Billiau seated

12/13-01 B Town of Old Saybrook seeks a variance of Par. 33.7.1A (coverage each building/3,000 s.f. required/8,599 s.f. proposed), Section 33.7.2A (maximum gross floor area each bldg/6,000 s.f. required/8,599 s.f. proposed) and Section 62.4.2B (lighting/no bldg. mounted flood lights/propose 5 bldg mounted flood lights) of the Zoning Regulations to permit expansion of existing uses at existing public works facility, new construction and demolition on existing buildings and relocation of Connvault doublewall above ground fuel tank (refer to file) on property located at 497 Middlesex Turnpike, Map No. 057, Lot No. 031.

PUBLIC HEARING:

Present:  Geoffrey Jacobson, consulting engineer, agent for the applicant; Larry Bonin, Director of Public Works

Mr. Jacobson presented the proposal to the Board.  Mr. Jacobson went over the site plan which showed the wetlands on the property and the specific variances that are being requested.  The site is an 18 acre parcel in a B-3 zone but has an aquifer overlay zone.  The Town would like to construct additional garage bays to keep the equipment they use in a confined space to prevent gas and oil runoff into the surrounding wetlands and aquifer.  R. McCall stated that the Department of Energy and Environment Protection highly endorse this project.  This site was originally developed in the 1970’s prior to all the environmental safety requirements.  If this project is approved by the Board, the applicant will still have to go to the Zoning Commission, the Planning Commission and the Architectural Review Board for further approvals.  This project is to benefit the public health, safety and welfare of the Town.  Mr. Jacobson also discussed the Industrial Storm Water permit requirements as well as the variance requested for lighting.  The lighting will be 6 wall pack units, which Mr. Jacobson states will meet the Zoning Regulations requirement for lighting.  They are 250 watt lights that are fully shielded and will have auto on and off.  The Board asked if the light would penetrate to the neighbors, Mr. Jacobson stated that they are downcast lights.  Mr. Bonin stated that the Aquifer Protection Regulations were enacted last year and the Town is trying to comply with them.  The Chairman opened the floor for comments from the audience either in favor or in opposition.  There was no audience participation and no further comments from the Board.  The public hearing closed at 8:30 p.m.

VOTING SESSION:

Discussion with respect to the public hearing that closed this evening. The construction of the new building is a necessity to satisfy various agencies including the State.  The proposal will have to go before the Zoning Commission, Planning Commission and the Wetlands Commission.  The consensus of the Board was to grant the variances.

A Motion was made by R. McCall, seconded by D. Alexander to GRANT Application 12/13-01 B Town of Old Saybrook.  The granting of the variances is in order to maintain an efficient operation for all the Town equipment, even though it conflicts with some of the Zoning Regulations.  The reason is to maintain the public health, safety and welfare of the residents of the Town and to minimize runoff into the aquifer area and adjacent wetlands. No discussion and a vote was taken:  In favor:  R. McCall, D. Alexander, C. Billiau, P. Broadhurst, R. McIntyre   Opposed:  None  Abstaining: None  The motion passed unanimously. 5-0-0

A. Stillman seated

12/13-02 B Michael R. Paine seeks a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change), Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/40’ required/35’ +/- proposed), Par. 24.5.3 (sideline setback/15' required/27’ +/-  proposed) and Par. 68.1.2(B)9 (tidal wetlands setback/50’ required/27’ +/- proposed) of the Zoning Regulations to permit elevation of dwelling to FEMA flood elevation 14, replace decks, add two new decks with stairs and landings and move house 2’ to the north and 4’ to the east on property located at 16 Barnes Road (Great Hammock Beach), Map No. 014, Lot No. 103.

PUBLIC HEARING:

Present:  Mr. Michael Paine, applicant.

Mr. Paine presented his application to the Board.  He would like to raise the house to meet the flood elevation and replace the existing decks and add two new additional decks.  Due to a letter from Don Lucas, Building Inspector dated July 5, 2012, the house should be moved 2 feet to the north and 4 feet to the east, which is what the applicant is doing.  The Board discussed the ground coverage percentages, existing (36.4%) and proposed (44.7%).  The lot is a very narrow lot and the placement of the house will not meet the front and side setbacks.   No other variances have been granted for this property in the past.  The Board felt that sufficient hardship was not shown for the addition of the two new decks as noted on the plans, which increase the coverage percentage.  Mr. Paine stated that he would not go forward with the decks noted as “new” on the plans with this application, he would come back in the future for those.  Eleven neighbors submitted letters in support.  The Chairman opened the floor for comments from the audience either in favor or in opposition.  There was no audience participation and no further comments from the Board.  The public hearing closed at 8:50 p.m.

VOTING SESSION:

Discussion with respect to the public hearing that closed this evening.  The Board discussed the increase in coverage.  The consensus was that the original front deck could be reconstructed and a landing and stairs in the rear for two forms of egress.  The Board did not feel that the “new deck” to the rear and sides were needed since they increased the coverage percentage substantially.  

A Motion was made by R. McCall, seconded by R. McIntyre to GRANT w/condition Application 12/13-02 B Michael R. Paine. To allow the applicant to raise the proposed dwelling to comply with the FEMA regulation and shift slightly per the letter from Don Lucas, Building Inspector dated July 5, 2012; replace the front deck that had previously existed prior to construction with a slight enlargement and build the access and egress on the north side towards the rear as shown on the plan, proposed rear deck noted as “new deck” on the plan is not allowed. The condition is that a re-drawn plan be submitted that shows the appropriate dimensions and new location of the building without the proposed rear and side deck.  The hardship is the damage to the house, the sinking footings and the necessity for reconstruction to make it compliant with the FEMA regulations and to have a safe and satisfactory building there.  No discussion and a vote was taken:  In favor:  R. McCall, D. Alexander, A. Stillman, P. Broadhurst, R. McIntyre   Opposed:  None  Abstaining: None  The motion passed unanimously. 5-0-0

12/13-03 B Robert & Laurene Buzdon seek a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change), Par. 10.8.3 (nonconformity/lot size/12,500 s.f. required/8,400 s.f. existing) and Par. 24.5.3 (sideline setback/15' required/13.52’ proposed) of the Zoning Regulations to permit a deck that is 15’ deep and 12.5’ wide on property located at 19 Park Avenue (Fenwood), Map No. 005, Lot No. 098.

PUBLIC HEARING:

Present:  Mr. & Mrs. Buzdon, applicants

Mrs. Buzdon presented the proposal to the Board.  They would like to put a deck 2’ off the ground on the side of the house which will extend into the setback.  The size of the deck and the reason for the encroachment is so that patio furniture can be placed on it and there will be enough room.  This is such a minor encroachment into the setback.  The Board felt that there was not a hardship to extend into the setback 17 inches.  If the deck was 11’ x 15’, it would meet the setbacks and a variance would not be required.  Mrs. Buzdon stated that since the property was located so near open space many ticks are on the ground and with the elevated deck the children did not have to play on the ground.  Other variances were granted previously so that the house could be expanded.  The consensus of the Board was that sufficient hardship has not been shown.  Mrs. Buzdon had letters in support, but one neighbor did object.

The Chairman opened the floor for comments from the audience either in favor or in opposition.  There was no audience participation and no further comments from the Board.  The public hearing closed at 9:15 p.m.

VOTING SESSION:

Discussion with respect to the public hearing that closed this evening.  A. Stillman could not see a hardship, D. Alexander agreed as well.  A number of variances were granted previously to build the house.  A slightly smaller deck would not need a variance (smaller by only 17 inches).  

A Motion was made by D. Alexander, seconded by A. Stillman to DENY Application 12/13-03 B Robert & Laurene Buzdon.  Although this was a very nice plan, there is no hardship involved and the Board’s hands are tied as far as granting it.  No discussion and a vote was taken:  In favor:  R.
McCall, A. Stillman, D. Alexander, P. Broadhurst, R. McIntyre   Opposed:  None  Abstaining: None   The motion passed unanimously. 5-0-0  

The applicant asked the Board that if they wanted to build the smaller deck within the setbacks could they do so, the Board said yes, as long as it met all the zoning requirements for setbacks.  Ms. Buzdon stated that the variances for lot size and nonconformities should be granted.  The Board agreed.

A Motion was made by R. McCall, seconded by D. Alexander to GRANT Application 12/13-03 B Robert & Laurene Buzdon for the following variances only:  10.7.1, 10.7.2, the expansion of a nonconformity and the lot size, 10.8.3, being under the required 12,500 s.f. lot size.  No discussion and a vote was taken:  In favor:  R. McCall, A. Stillman, D. Alexander, P. Broadhurst, R. McIntyre   Opposed:  None  Abstaining: None   The motion passed unanimously. 5-0-0  

A Motion was made by D. Alexander, seconded by A. Stillman to CONTINUE THE REMAINDER OF THE PUBLIC HEARINGS TO THURSDAY, JULY 12, 2012.  No discussion and a vote was taken:  In favor:  R. McCall, A. Stillman, D. Alexander, P. Broadhurst, R. McIntyre   Opposed:  None  Abstaining: None   The motion passed unanimously. 5-0-0  

July 12, 2012 continuation of the July 11, 2012 Regular Meeting

A Motion was made by R. McCall, seconded by R. McIntyre to move application 12/13-06C Application to the first item heard this evening in response to a request made by the applicant’s attorney.  No discussion and a vote was taken:  In favor:  R. McCall, A. Stillman, D. Alexander, P. Broadhurst, R. McIntyre   Opposed:  None  Abstaining: None   The motion passed unanimously. 5-0-0  

12/13-06 C B Barbara C. & Samuel M. DiCocco seek a variance of Par. 10.8.3 (minimum lot area/12,500 s.f. required/9,985 s.f. existing) and Par. 24.3.2 (minimum dimension of square/100’ required/ 8.01’ north side/12.32’ south side) of the Zoning Regulations to permit demolition of existing seasonal dwelling and construction of year-round dwelling that will be FEMA compliant, meet all codes and be more conforming than existing dwelling on property located at 2 Buckingham Avenue, Map No. 14, Lot No. 68.

PUBLIC HEARING:

Present:  David Royston, agent for the applicant.  

Attorney Royston present the proposal to the Board and thanked the other applicants for allowing him to go first.  Attorney Royston showed the Board a colored site plan, the lot is in “pink”.  The proposal is demolish existing structure and rebuild.  An engineer has been engaged to do the site plan so that the entire house could be located within the setbacks.  Buckingham Avenue has a narrow street setback so they need to meet a 30’ setback.  There are only two variances requested and those are for the lot itself.  The height of the new structure is proposed to be 33’ 11”, the maximum height allowed is 35’.  The Board cautioned the applicant not to exceed the 35’.  The hardship is that there is no additional land available to make the lot conform to the two variances being requested.  The proposal will comply with the Flood Ordinance and a new septic system will be installed.  

The Chairman opened the floor for comments from the audience either in favor or in opposition.  Mr. Paul Dellaripa of 1 Walker Avenue spoke in favor; Rick of 17 Walker Avenue spoke in favor.  There was no further audience participation and no further comments from the Board.  The public hearing closed at 7:50 p.m.

VOTING SESSION:

Discussion with respect to the public hearing that closed this evening.  R. McCall stated that there were nothing but pluses with this application.  A. Stillman stated that a tremendous effort was made to conform with the regulations.  The existing sheds are to be removed.  The Board also stated that since the proposed height of the structure is 33 ½ that the builder and applicant should make sure that the structure stays below the 35’ height requirement when completed.  

A Motion was made by R. McCall, seconded by R. McIntyre to GRANT Application 12/13-06C B Barbara C. & Samuel M. DiCocco.  The proposal eliminates most of the nonconformities, it also involves the construction of a new septic system.  The hardship is that there is no other room to expand to meet the required minimum lot size.  The Coastal Area Management application is approved as it is consistent with all applicable coastal policies and makes all reasonable measures to avoid adverse impacts.  No discussion and a vote was taken:  In favor:  R. McCall, D. Alexander, A. Stillman, P. Broadhurst, R. McIntyre   Opposed:  None  Abstaining: None  The motion passed unanimously. 5-0-0

12/13-04 B Michael and Paula Satmary seek a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change) and Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/30’ required/11.70’ +/- proposed)of the Zoning Regulations to permit extension of first and second floor bedrooms for handicap access, 9’6” x 12’ deck to be removed and the 5’6” x 12’ addition will replace it on property located at 6 Fox Lane (Cornfield Point), Map No. 3, Lot No. 203.

PUBLIC HEARING:

Present:  Mr.& Mrs. Satmary, applicants

Mrs. Satmary presented the proposal to the Board.  The addition will be in the same location as the existing deck. The addition will be slightly smaller than the deck but will also slightly increase the size of the upstairs bedroom.  Mrs. Satmary went over the floor plans and the location of the addition which fits into the flow of the house.  The addition size is actually reducing the encroachment into the front setback.  The applicants have a future need for the handicap accessible bathroom.  Many homeowners are increasing the size of bathrooms to accommodate future needs.  

The following letters in support were entered into the record:  (all the same letter) Betty and Donald Olivieri of 21 Wildwood dated May 30, 2012; Gary Lord of 5 Fox Lane dated May 31, 2012; Francis E. and Suzette Baird of 27 Indianola Dr. dated May 29, 2012; Frank & Diane Gilchrest of 7 Wildwood Drive dated June 7, 2012; David and Susan McNiff of 2 Fox Lane dated June 6, 2012; Shirley & George Antonio of 24 Wildwood Drive dated June 15, 2012; Virginia Grasso of 33 Indianola Drive dated May 25, 2012; Shawn &  Loretta Burke of 27 Wildwood Drive dated May 25, 2012.  The Chairman opened the floor for comments from the audience either in favor or in opposition.  Mr. Richard Epifanio of 43 Indianola Drive spoke in favor. There was no further audience participation and no further comments from the Board.  The public hearing closed at 8:10 p.m.

VOTING SESSION:

Discussion with respect to the public hearing that closed this evening.  R. McCall stated that there was a reduction in an encroachment in the front.  The addition will blend in with the existing home.  

A Motion was made by D. Alexander, seconded by R. McCall to GRANT Application 12/13-04 B Michael and Paula Satmary.  The changes are in harmony with the house and the neighborhood and do no harm to the intent of the Zoning Regulations.  The hardship is the fact that the house was situated less than the required 30’ from the road; the size of the lot is small with no additional land available.  No discussion and a vote was taken:  In favor:  R. McCall, D. Alexander, A. Stillman, P. Broadhurst, R. McIntyre   Opposed:  None  Abstaining: None  The motion passed unanimously. 5-0-0

12/13-05 B William Pavlu seeks a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change), Par. 24.5.3 (sideline setback/15' required/10.79’ proposed) and Par. 24.5.1 as modified by 68.1.2(B)4 (narrow street setback/35’ required/26.64’ proposed) of the Zoning Regulations to permit replacement of existing bow window with walk-in bay, reconstruct roofline, add dining bay to existing kitchen, one story on piers on property located at 62 Chalker Beach Road (Chalker Beach), Map No. 018, Lot No. 063.

A. Stillman recused himself, C. Billiau seated

PUBLIC HEARING:

Present:  Mr. & Mrs. Pavlu, applicants

Mr. Pavlu presented the proposal to the Board.  They would like to take the existing shallow roof and change the pitch to accommodate dormers in the front.  The shallow roof has created many problems over the years and the cottage is in need of a facelift.  The existing height of the structure is 20’, the proposal is 24’.  Mr. Pavlu had constructed a model of the cottage which should how it exists and then replaced the roof with what is proposed (a neat visual).  Mr. Pavlu would also like to put a dining bay window, which actually is not a window but something like a sliding glass door.  This dining bay extends into the setback.  The hardship is that the house was built in 1933 (survived the 1938 hurricane) and was placed off center on the lot.  The family has owned it since in 1958.  The proposal is a minor modification to update the house which is in harmony with the surrounding homes.  

The following letters in support were entered into the record:  Harry Dauphinuis of 5 Gagnon Avenue dated July 12, 2012 and George Crute of 63 Chalker Beach Road dated July 12, 2012.
The Chairman opened the floor for comments from the audience either in favor or in opposition.  Mrs. Doris Zumbrowski spoke in favor.  There was no further audience participation and no further comments from the Board.  The public hearing closed at 8:20 p.m.

VOTING SESSION:

Discussion with respect to the public hearing that closed this evening.  The Board stated that the proposal was in keeping with the neighborhood and a good use of the property.  The modifications were minor in nature.  

A Motion was made by P. Broadhurst, seconded by R. McIntyre to GRANT Application 12/13-05 B William Pavlu.  The variance requests are granted.  The hardship is caused by the zoning regulations enacted after all the buildings were constructed.  Change extending out slightly toward Chalker Beach is consistent with the other buildings on that side of Chalker Beach Road and would allow the Pavlu’s to change the building so that it’s in conformance with those other buildings on the street and enhance the property values in the area.  No discussion and a vote was taken:  In favor:  R. McCall, D. Alexander, C. Billiau, P. Broadhurst, R. McIntyre   Opposed:  None  Abstaining: None  The motion passed unanimously. 5-0-0

A. Stillman seated

12/13-07 B David G. Heiney, Co-Exec of Estate of Eugean E. Heiney, Jr. seeks a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change), Par. 58.2 (Gateway Riparian Buffer/100’ required/78’ proposed) and Par. 37.4.3.B (side yard setback/15’ required/8.5’ proposed) of the Zoning Regulations to permit renovation of residential structure with addition of rear dormer built within existing footprint property located at 27 Bridge Street, Map No. 24, Lot No. 51.

A letter from Attorney Edward Cassella dated July 10, 2012 requesting that the opening of the public hearing scheduled for July 12th be continued to the August 8, 2012 Regular meeting.

12/13-08 B John M. & Sharon A. Napier seek a variance of Par. 10.7.1 and 10.7.2 (nonconformity enlargement/change), Par. 24.5.1 (front yard setback/25’ required/16.75’  proposed) and Par. 24.6.1 (building coverage/20% allowed/27.02% proposed) of the Zoning Regulations to permit expansion of existing residential property, deck and hatchway to be removed and expansion will be in the front yard on property located at 10 Neptune Drive (Knollwood), Map No. 004, Lot No. 230.

A letter from Attorney Edward Cassella dated July 10, 2012 requesting that the opening of the hearing scheduled for July 12th be continued to the August 8, 2012 Regular meeting.

A Motion was made by R. McCall, seconded by R. McIntyre to POSTPONE THE OPENING OF THE PUBLIC HEARING FOR APPLICATIONS 12/13-07 B David G. Heiney and 12/13-08 B John M. & Sharon A. Napier to the August 8, 2012 Regular Meeting per Attorney Cassella’s letter of July 10, 2012.  No discussion and a vote was taken:  In favor:  R. McCall, D. Alexander, A. Stillman, P. Broadhurst, R. McIntyre   Opposed:  None  Abstaining: None  The motion passed unanimously. 5-0-0

Minutes:  A Motion was made by R. McCall, seconded by R. McIntyre to approve the Minutes of the June 13, 2012 Regular Meeting as submitted.  No discussion and a vote was taken:  In favor:  R. McCall, D. Alexander, A. Stillman, P. Broadhurst, R. McIntyre   Opposed:  None  Abstaining: R. McIntyre  The motion passed unanimously. 5-0-0  

Adjournment:  A Motion was made by R. McCall, seconded by D. Alexender to adjourn the July 11, 2012, continued to July 12, 2012 Regular Meeting of the Zoning Board of Appeals. No discussion and a vote was taken: In favor: R. McCall, R. McIntyre, A. Stillman, D. Alexander, P. Broadhurst   Opposed:  None  Abstaining: None   The motion passed unanimously. 5-0-0  The  meeting was adjourned at 8:35 p.m.

Respectfully submitted

Km N. Barrows, Clerk

The next Regular Meeting of the ZBA will be on Wednesday, August 8, 2012 at 7:30 p.m. at the TOWN HALL, First Floor Conference Room, 302 Main Street.