Vice-Chairman Jeffrey Slapikas called the meeting to order at 7:04 p.m.

Other Members Present: Marianne Byrne, Dave Michaud, Nazih Noujaim (alt) Chuck Witkowski (alt)

Members Absent: Lori DaSilva (alt), George Havican (alt)

Vice Chairman Slapikas seated C. Witkowski and N. Noujaim for the two vacant seats.

Correspondence:
Entered with scheduled public hearings

Clerical Bill:
Motion by D. Michaud, seconded by M. Byrne, to pay the clerical bill. Unanimous.

Approval of Minutes:
Motion by C. Witkowski, seconded by J. Slapikas to approve the July 28, 2009 minutes Two votes in favor; three abstentions. Motion to approve carries. Unanimous. Motion by M. Byrne, seconded by D. Michaud to approve the August 25, 2009 minutes as amended. Four votes in favor with one abstention. Motion to approve carries.

New Business: None

Old Business: None

New Business:

Public Hearings:
a. 7:10 p.m. Application 07-2009 of Anthony & Mary Doughney, 19 Dogwood Drive for a 23-foot front property line variance of Section 3.2.4.1 for a front porch. Chairman Slapikas read into the record the “Notice of Public Hearings” as it appeared in the Republican American on September 11 & 18, 2009. Chairman Slapikas also read into the record correspondence received from Ralph & Mary Zarrella, 20 Dogwood Drive supporting the Doughney’s proposed front porch. Mr. Doughney explained he is seeking to add a new front porch onto his house. He has lived at this residence for 5-years. Chairman Slapikas asked the type of construction for the porch. Mr. Doughney stated it is a basic wood frame construction with a roof. Chairman Slapikas asked if the variance includes the roof overhang. Mr. Doughney stated it does. Discussion followed concerning the width of the porch required with the roof overhang to satisfy the requested variance. The Board and applicant concurred the deck can be a maximum 5 ½ -feet wide with a ½ -foot roof overhang. Mrs. Doughney stated they could not make the deck wider than requested because of the location of their septic system which is in the front yard. Chairman Slapikas asked for a hardship with this application. Mr. Doughney stated other houses in the neighborhood have similar decks. The lot is 1/3 acre in size and the house is also non-conforming because it is 33 ½ feet from the front property line. There were no comments from the public and no further comments from the board. The public hearing was closed at 7:23 p.m.

b. 7:25 p.m. Application 08-2009 of Peter & Diane Neri, 22 Putting Green Lane. Application for a 6-foot side line property variance of Section 3.2.4.2 for a house addition and a 6-foot front property line variance of Section 3.2.4.1 for a front porch. Chairman Slapikas read into the record the “Notice of Public Hearings” for this application as it appeared in the Republican American on September 11 & 18, 2009. Jennifer Shea, the property owner of 22 Putting Green Lane represented the applicants. Chairman Slapikas confirmed this is a conforming lot in a newer subdivision. The house addition is to be a 40’ x 24’ Accessory Living Unit as defined in the regulations for Mrs. Shea’s parents. The addition would be 19-feet from the left side property line. M. Byrne questioned the distance of the house to the front property line. C. Witkowski asked if Chesprocott Health District has approved this plan. Mrs. Shea stated the Health District did not want them to build off the right side of the house because of the location of their septic system. Chairman Slapikas confirmed the front porch is a 6-foot wide porch with a 1-foot roof overhang. The porch is to provide shelter from the driveway to the accessory living unit. M. Byrne asked for a statement of hardship. Mrs. Shea stated their house is one of the smaller houses in the neighborhood. Other houses do have front porches. There were no comments from the public and no further comments from the Board. The public hearing closed at 7:33 p.m.

Action on Applications:
a. Application 07-2009 of Anthony & Mary Doughney, 19 Dogwood Drive for a 23-foot front property line variance of Section 3.2.4.1 for a front porch Motion by M. Byrne, seconded by C. Witkowski to approve Application 06-2009 as presented. Discussion: M. Byrne stated she does not see a relevant hardship; however, the lot and house are both nonconforming and a similar variance was previously granted to a neighboring house. She is in favor of the variance. C. Witkowski stated the porch would enhance the house and he is in favor of the variance. N. Noujaim stated because the Board did grant a similar variance, he is comfortable granting this variance as well. Chairman Slapikas stated the nonconformities of the lot plus restrictions with the location of the well and septic prevent putting a porch on the house without getting a variance. He is in favor of granting the variance. In favor: Unanimous. Reasons: small, non-conforming lot and house and septic and well location restraints.

b. Application 08-2009 of Peter & Diane Neri, 22 Putting Green Lane. Application for a 6-foot side line property variance of Section 3.2.4.2 for a house addition and a 6-foot front property line variance of Section 3.2.4.1 for a front porch. Motion by M. Byrne, seconded by D. Michaud to approve Application 08-2009 as presented. Discussion: M. Byrne stated they are restricted from building on the right side because of the location of the septic. Because the regulations do allow Accessory Living Units, the proposed location is the only place available. The front line variance for the porch naturally follows a variance approval of the addition for an Accessory Living Unit. N. Noujaim questioned the accuracy of the measurements for the addition and porch. Chairman Slapikas stated regulations were put in place to create standards for conforming lots. While he feels there may be an economic hardship with the current economy, the regulations were put in place to cause conforming lots to remain as conforming lots. With no further discussion the vote to approve was 4 votes in favor, one vote opposed. Motion to approve carries. Reasons: justifiable reason for the addition as an Accessory Living Unit.

Public Participation: None

Adjournment:
Motion by D. Michaud, seconded by C. Witkowski to adjourn at 7:45 p.m. Unanimous.

Jeffrey Slapikas, Chairman