MEMBERS PRESENT: Chairperson Marjorie Anthony, Robert Warren, Joel Nadel, and Joseph Carino
ALTERNATES PRESENT: Stephen Wagner sitting for Barbara Murray
Thomas Berstene
Chairperson Anthony called the meeting to order at 7:30 p.m. The Recording Secretary read the legal notice as published in the newspaper.
Appl. #2509-01 - David L. Belanger, request for a 25' variance to section 10.2 to
allow an attached deck 25' from the property line (50' required) at 2837 Ellington
Road, A-40 zone.
Mr. David Belanger came before the Commission to represent this application. He explained that his existing deck had been approved as an unattached deck, which leaves a 20" gap between the house and the deck. The angle of the rear property line makes it impossible to build a deck that would conform with the 50' setback requirement. Presently the rear of the house is 50' from the property line.
No one from the public spoke in opposition to this appeal.
Answering questions from the Board, Mr. Belanger explained that he has lived in the house his entire life and had purchased the house from his parents in 1992. The present deck is not attached to the house and leaves a 20" gap that he would like to fill.
Michele Lipe, Assistant Director of Planning, answered the Board's questions regarding the permitting/side yard requirement process for unattached decks.
Commissioner Nadel noted that a 20' variance should be adequate rather than a 25' variance. After looking closely at this, Michele Lipe, Assistant Director of Planning, concurred with this statement.
Mr. Belanger informed members that he had spoken with his abutting neighbor and they had no objection to his request.
Commission members discussed at length the requirements for notifying abutting property owners. Michele Lipe explained that presently the requirements are the publication of the legal notice and the sign that is posted on the applicants' property.
With no further questions, the public participation portion of this appeal closed at 7:50 p.m.
Appl. #2510-01 - Daniel & Nicoleen Lacy, request for a 25' variance to section
10.2 to allow an addition and deck 15' from the rear property line (40' required)
at 39 Benjamin Way, A-20 zone.
Mr. Dan Lacy came before the Board to represent this application. He explained that he would like to construct an addition and deck to the rear portion of his house. The lot is pie shaped and there is not much rear yard.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Commission, Mr. Lacy explained that the deck would be even with the second story. The addition would consist of an extension of the master bedroom with a bathroom between the bedroom and family room. The lower level will have a family office and storage area. The total additional square footage being requested is about 700 sq. ft. in the main living area.
Commissioner Nadel voiced his concern saying that the lot is too small to be adding to it. This will make the lot look crowded.
With no further questions, the public participation portion of this appealed closed at 8:00 p.m.
Appl. #2511-01 - Messiah Evangelical Lutheran Church, request for a variance to
section 17.8.5.c to allow a sign 54 sq. ft. and 12' in height (36 sq. ft. and 10' in
height allowed) at 300 Buckland Road, GD zone.
Mr. John Schwemmer came before the Board to represent this application. He explained that the church would like to erect a new sign. The current sign was built per variance in 1973 and is 20-24' from the road. Since the sign was placed, Buckland Road has been reconfigured and made into a 4-lane road. The speed on this road has also increased. The new sign being proposed would account for the changes that have taken place on Buckland Road. Mr. Schwemmer also informed Commission members that the proposed sign will have the same letter size as the current sign.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Mr. Schwemmer explained that the sign will be aluminum and internally lit. The sign will be lit from dusk until midnight.
Michele Lipe, Assistant Director of Planning, told members that the sign will need to be approved by Design Review or the Planning & Zoning Commission before a new sign can be erected because it is in the Gateway Development zone.
Commissioner Nadel voiced his concern explaining that the Gateway Development Zone was looked at very carefully and he feels strongly that the height of the sign should remain at 10', unless a hardship is demonstrated that relates to the property.
Commissioner Carino established that the present sign and proposed sign have approximately the same size envelope.
Ms. Kim Harmon explained that the sign at 10' in height was not acceptable to the Sign Committee because the words were compact together. The sign will be one solid piece of aluminum with a concrete base. The sign will be perpendicular to the road.
With no further questions, the public participation portion of this appeal closed at 8:26 p.m.
DELIBERATIVE SESSION
ITEM: Appl. #2509-01 - David L. Belanger, 2837 Ellington Road, A-40 zone
Motion to: Approve appl. #2509-01
Was made by Commissioner Nadel
Seconded by Commissioner Warren
The motion: carried
The vote was as follows: unanimous
Hardship: The irregular shape of the lot caused by convergence of two streets, creates little back yard making it impossible to construct a deck without a variance.
ITEM: Appl. #2510-01 - Daniel & Nicoleen Lacy, 39 Benjamin Way, A-20 zone
Commissioner Wagner stated that this request would not change the overall spacing of the houses in the neighborhood.
Commissioner Nadel expressed his concern that small lots are being over crowded with structures.
Motion to: Approve appl. #2510-01 - Daniel & Nicoleen Lacy, a 25' variance to section 10.2 to allow an addition and deck 15' from the rear property line at 39 Benjamin Way, A-20 zone.
Was made by Commissioner Warren
Seconded by Commissioner Carino
The motion: carried
The vote was as follows: unanimous
Hardship: The pie shaped lot does not allow side yards to be used appropriately, making the use of the rear yard necessary.
ITEM: Messiah Evangelical Lutheran Church, 300 Buckland Road, GD zone
Commissioner Nadel felt he did not want to set a precedence in the Gateway Development zone.
Motion to: Table appl. #2511-01 to October 4, 2001 - Messiah Evangelical Lutheran Church, request for a variance to section 17.8.5.c to allow a sign 54 sq. ft. and 12' in height (36 sq. ft. and 10' in height allowed) at 300 Buckland Road, GC zone.
Was made by Commissioner Carino
Seconded by Commissioner Nadel
The motion: carried
The vote was as follows: unanimous
The decision to table this application came after the Commission decided they would like clarification for the following:
They would like to know if the 22' from the roadway is Town owned property, which would mean the sign is on Messiah Evangelical Lutheran Church's property line and the Town's property line.
The Commission would like to condition this application with the sign to remain 22' from the roadway. If the roadway were reconstructed closer to the sign, would the applicant be required to relocate the sign 22' back from the newly constructed roadway? The Town Attorney will be asked to give his opinion on this issue.
ITEM: Minutes
Motion to: approve the June 7, 2001
Was made by Commissioner Warren
The motion: carried
The vote was as follows: unanimous
ITEM: Adjournment
Motion to: adjourn the meeting at 9:30 p.m.
Was made by Commissioner Wagner
The motion: carried
The vote was as follows
________________________________
Deborah W. Reid, Recording Secretary
Zoning Board of Appeals
| 
