MEMBERS PRESENT: Chairperson Stephen Wagner, Thomas Berstene, Teri Dickey-Gaignat, Sandi Jeski and Joel Nadel
ALTERNATES PRESENT: Ronald Banks and Tim Moriarty
STAFF PRESENT: Michele Lipe, Assistant Director of Planning and Ether Diaz, Recording Secretary
The meeting was called to order at 7:30 p.m. The Recording Secretary read the legal notice as published in the newspaper.
ITEM: New Business
Appl. #2619-04 – Lynn M. Miller, a 12’ variance to section 4.1.12g to allow a proposed deck 13’ from the property line (25’ required), at 207 Garden Circle (Pleasant Meadows Senior Residence Development), RR zone.
Ms. Lynn Miller came before the Board to represent this application. She explained that she would like a variance to build a deck onto her unit.
No one from the public spoke in favor to this appeal.
Ms. Sue Piotrawicz who lives at 78 Cinnamon Springs came before the Board to speak in opposition to this appeal. She stated that her condominium complex abuts Pleasant Meadow Condominiums. Ms. Piotrawicz feels that once one owner is allowed to construct a deck, other unit owners will want the same thing. Her unit is constructed in close proximity to the shared boundary line for Pleasant Meadows Senior Residence Development. If residence in the Pleasant Meadow Senior Residence Development are allowed to construct decks closer to that boundary line, it would be a definite detriment to her property.
Answering questions from the Board, Ms. Miller explained that there is presently a deck on the second story with access through the master bedroom. There is a cement pad underneath the deck without direct access into the condo.
Chairperson Wagner voiced his concern regarding the drainage area adding that it could be very hazardous for small children because there is a big hole.
Board members discussed the ability for the existing patio to be extended and the stairs to be redesigned. This could be an alternative instead of constructing a deck into the setback area.
With no further questions, the public participation portion of this appeal closed at 8:15 p.m.
Appl. #2618-04 – Emery Tapley, two variances: 1) a variance to section 3.10.3a to allow expansion of a nonconforming structure; and 2) a 7’ variance to section 10.2 to allow a proposed addition 13’ from the property line (20’ required), at property located at 1008 Main Street, A-40 zone.
Mr. Emery Tapley came before the Board to represent this application. He explained that his house was built in 1947. The house presently has small rooms and Mr. Tapley said he would like to extend the house in order to enlarge some of the rooms and construct a room to the rear of the existing house. The slope of the land, and a driveway in the front of the house leading to a garage in the back corner of the property creates a hardship in locating the addition anywhere but where it has been proposed.
Mr. Tim Star came before the Board to speak in favor of this application. He stated that because of the lay out of Mr. Tapley’s land, there is no other area to construct the addition.
Letters were received from abutting property owners speaking in favor.
No one from the public spoke in opposition to this appeal.
Answering questions from the Board, Mr. Tapley explained that he has lived in this house his entire life. The addition will be two stories and will consist of a family room and the second story will have a master suite. The size of the addition (24’ x 24’) is necessary because in the construction of the family room, there will also be an entry way into the house from the outside, closet space, and access into the kitchen. The shrubs and trees will be left as a buffer.
In response to Board questions, Michele Lipe, Assistant Director of Planning informed Board members that zoning went into effect in 1938.
With no further questions, the public participation portion of this appeal closed at 8:30 p.m.
DELIBERATIVE SESSION
ITEM: Appl. #2618-04 – Emery Tapley, 1008 Main Street, A-40 zone
Commissioner Nadel noted that a 7’ variance would not be necessary if the applicant was requesting a 17’ x 24’ addition instead of a 24’ x 24’.
Motion to: Approve with conditions appl. #2618-04 – Emery Tapley, two variances: 1) a variance to section 3.10.3a to allow expansion of a nonconforming structure; and 2) a 7’ variance to section 10.2 to allow a proposed addition 13’ from the property line, (20’ required), at property located at 1008 Main Street, A-40 zone.
Was made by Commissioner Berstene
Hardship:
The property pre-dates present zoning regulations.
The topography of the land does not lend itself to locate the addition in any other area.
Conditions: The addition should be built to the specifications and location as shown on the plan submitted by the applicant.
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
ITEM: Appl. #2619-04 – Lynn M. Miller, 207 Garden Circle (Pleasant Meadows Senior Residence Development), RR zone
Motion to: Deny appl. #2619-04 – Lynn M. Miller, a 12’ variance to section 4.1.12g to allow a proposed deck 13’ from the property line (25’ required), at 207 Garden Circle ( Pleasant Meadows Senior Residence Development ), RR zone.
Was made by Commissioner Berstene
Commission members noted that the whole complex is constructed in the same manner. There is nothing unique about this particular unit and it makes it even harder to approve construction happening in the buffer area.
Reason for Denial: There was no hardship demonstrated that is unique to this property.
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
ITEM: Minutes
Motion to: approve with corrections the May 6, 2004 minutes.
Was made by Commissioner Berstene
Seconded by Commissioner Nadel
The motion: carried
The vote was as follows: unanimous
ITEM: Old Business:
Suggested Revised Information Sheet
Commission members reviewed and discussed changes they would like on the Information Sheet. Commissioner Berstene will update it and it could be reviewed and discussed again at the July 1, 2004 meeting. A draft should be submitted to the Town Attorney for his review.
Abutters Letter
The Commission reviewed the draft abutter letter. They suggested changes to be complete for the letter to be used at the July meeting.
Zoning Board of Appeals bylaws
Motion to: approve the suggested amendments to Section IV, Item E of the Zoning Board of Appeals Bylaws.
Was made by Nadel
Seconded by Berstene
The motion: carried
The vote was as follows: unanimous
A subcommittee was established to review and make draft changes to the bylaws. When the subcommittee is done with their suggested changes, the draft will be reviewed by the Board for their input. The subcommittee consists of Commissioners Nadel and Banks.
Application Fee
Michele Lipe, Assistant Director of Planning explained to the Commission that the State fee has gone up an additional $10.00 per application.
Motion to: increase the application fee to $160.00 in order to cover operating and State costs. This fee will be implemented for any applications received for the July, 2004 meeting.
Was made by Commissioner Nadel
Seconded by Commissioner Berstene
The motion: carried
The vote was as follows: unanimous
ITEM: Correspondence
A letter was submitted to the Commission from Mr. John H. Wrynn of 195 Wood Pond Road requesting to waive an appeal filing fee from the Zoning Enforcement Officers decision. The Commission made the decision that a public hearing would be necessary in order to make a decision on this and thereby creating expenses for the Town (the application fee).
Motion to: deny the request to waive an appeal filing fee for Mr. John H. Wrynn of 195 Wood Pond Road.
Was made by Commissioner Berstene
Seconded by Commissioner Moriarty
The motion: carried
The vote was as follows: unanimous
ITEM: Adjournment
Motion to: adjourn the meeting at 10:10 p.m.
Was made by Commissioner Berstene
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows
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Deborah W. Reid, Recording Secretary
Recording Secretary
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