Zoning Board of Appeals - Minutes - 08/13/2020

Zoning Board of Appeals
August 13, 2020
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MINUTES
SPECIAL MEETING
REMOTE ACCESS
Zoning Board of Appeals August 13,2020 >
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Members Present: Josh Friedman, Chair; Cathy Newlin, Vice Chair; Warren Mackenzie
Michele Kripps E =
Members Absent: Anne Darling, Secretary ' 25 ¢
Alternates Present: Jason Maryeski; Danielle McCarty oo
Alternates Absent: Darcy Van Ness
Staff Present: Jill Pisechko, Zoning Official; Mark Wujtewicz, Planner; Anna Scanlon,
Recording Secretary
1. CALL TO ORDER AND APPOINTMENT OF ALTERNATES
Chair Friedman called the meeting to order at 3:00 PM and appointed Jason Maryeski to sit for Anne
Darling.
2. APPROVAL OF MINUTES
MOTION: Motion made by Michele Kripps seconded by Cathy Newlin, to approve the minutes of the
August 6, 2020 meeting as written.
VOTE: 5-0
3. RECEIPT OF APPLICATIONS
No new applications received.
4. CONTINUATION OF PUBLIC HEARINGS
Application #Z-20-2 - Appeal of Rydan, LLC., owner and applicant; James Bernardo, LS, agent at 52 R
Millstone Road West, R-20 zone. Variances are requested from zoning regulations section 4.4.1—Front yard
setback variance of 37 feet to allow a front yard setback of 13 feet. Section 4.4.2 Side yard setback variance
of 12 feet to allow a side yard setback of 8 feet. Variances are required to construct single family dwelling as
proposed on plan entitled "Zoning Location Survey, Property of RYDAN, LLC for property located at 52R
Millstone Road West" dated June 1, 2020.
Agent James Bernardo, LS, addressed the board. Mr. Bernarndo stated that a hardship of the variance is
needed 1) because of the unusual configurations of the property boundaries does not permit a reasonable use
of the land under the current zoning regulations, 2) There is currently a non-conforming accessory structure
which is typically not allowed on the property without a primary residence. By adding a primary residence
with the a accessory structure the property will be in compliance with the current regulations 3) 100 feet
from the wetlands set back all put a hardship on this property in order to develop it in accordance to the
regulations.
M. Wujtewicz addressed the Board and stated that the Environmental Planner reviewed the proposal and
found that the work proposed in the Upland Review Area would not require a permit from the Inland
Wetlands Commission.
Exhibits #1 - 16 were previously submitted into the record.
Exhibit #17 PA17-39 Non-Conforming Buildings

Zoning Board of Appeals
August 13, 2020
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Chairman Friedman asked if there was anyone in the audience who wished to speak regarding this
application. Jessica Cleary of 50 Millstone Road West spoke in opposition of the application #Z-20-2.
There being no further comments or questions, the public hearing was closed on application #Z-20-2 at 3:34
PM
Application #ZBA-20-3 - Appeal of Michael Kempski & Dawn Pusey-Kempski, owners and applicant and
James Bernardo, LS, agent at 25 Riverside Drive, R-20 zone. Variances are requested from zoning
regulations section 4.4.1—Front yard setback variance of 10 feet to allow a front yard setback of 40 feet.
Section 4.4.2 Side yard setback variance of 8 feet to allow a side yard setback (south) of 12 feet. Section
4.4.2 Side yard setback variance of 8 feet to allow a side yard setback (north) of 12 feet. Variances are
required to construct single family dwelling as proposed on plan entitled "Boundary and Topographic
Survey, Property of Michael Kempski & Dawn Pusey-Kempski for property located at 25 Riverside Drive"
dated April 4, 2020. A COASTAL SITE PLAN REVIEW IS REQUIRED IN ACCORDANCE WITH THE
COASTAL MANAGEMENT ACT
Mark Wujtewicz reviewed the CAM Written Findings and Report with the board.
MOTION: Motion to approve the Coastal Area Management site. plan written findings and report made
by Warren Mackenzie and seconded by Cathy Newlin, with the following conditions:
1. Erosion control measures during construction shall be provided on site for the duration of the project and
until the establishment of vegetative cover on disturbed areas.
2. No work covered by this permit including the stockpiling of materials shall be conducted west of the
proposed silt fence.
3. Anas-built survey shall be submitted and approved by the Zoning Official prior to issuance of a
Certificate of Zoning Compliance. This requirement is to verify that all improvements have been constructed
in accordance with the approved site plan.
VOTE: 5-0
Applicant Michael Kempski was in attendance and agent James Bernardo, LS, addressed the board. Mr.
Bernarndo stated that the variances requested are needed in that the parcel is pre-existing and non-
conforming with regards to frontage, width and lot area. It is approximately half the size that is required in
the zone. Strict enforcement of the current R-20 zoning regulations creates an unreasonable hardship and
does not permit a reasonable use of the property.
Exhibits #1 — 11 were previously submitted into the record.
Exhibit #12 - PA17-39 Non-Conforming Buildings
Exhibit # 13 - Photos
Exhibit # 14 - Town's Appraised Value of 27 Riverside Drive
Chairman Friedman if there was anyone in the audience who wished to speak regarding this application.
Marilyn Lohrs of 27 Riverside Drive spoke opposition of the application. There being no further comments
or questions, the public hearing was closed at 3:57 PM.
5. APPLICATION REVIEW
Application #Z-20-2 - Appeal of Rydan, LLC., owner and applicant; James Bernardo, LS, agent at 52 R
Millstone Road West, R-20 zone. Variances are requested from zoning regulations section 4.4.1—Front yard
setback variance of 37 feet to allow a front yard setback of 13 feet. Section 4.4.2 Side yard setback variance
of 12 feet to allow a side yard setback of 8 feet. Variances are required to construct single family dwelling as
proposed on plan entitled "Zoning Location Survey, Property of RYDAN, LLC for property located at 52R
Millstone Road West" dated June 1, 2020.

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August 13, 2020
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After discussion by the Board, a motion was made to approve Application #Z-20-2.
MOTION: Motion to approve Application # Z-20-2 by Cathy Newlin, seconded by Michele Kripps.
VOTE: 5-0
REASON:
1. Based on the property is a pre-existing, non-conforming lot.
2. It eliminates an existing non-conformity by placing a principle structure on a lot with an existing
accessory structure
3. The new location is less non-conforming of the proposed home.
Application #ZBA-20-3 - Appeal of Michael Kempski & Dawn Pusey-Kempski, owners and applicant and
James Bernardo, LS, agent at 25 Riverside Drive, R-20 zone. Variances are requested from zoning
regulations section 4.4.1—Front yard setback variance of 10 feet to allow a front yard setback of 40 feet.
Section 4.4.2 Side yard setback variance of 8 feet to allow a side yard setback (south) of 12 feet. Section
4.4.2 Side yard setback variance of 8 feet to allow a side yard setback (north) of 12 feet. Variances are
required to construct single family dwelling as proposed on plan entitled "Boundary and Topographic
Survey, Property of Michael Kempski & Dawn Pusey-Kempski for property located at 25 Riverside Drive"
dated April 4, 2020
After discussion by the Board, a motion was made to approve Application #ZBA-20-3.
MOTION: Motion to approve Application # ZBA-20-3 by Cathy Newlin, seconded by Michele Kripps
VOTE: 5-0
REASON:
1. Based on the fact it is in keeping with the neighborhood
2. The property is a pre-existing, non-conforming lot.
6. OLD BUSINESS
No old business was discussed.
7. NEW BUSINESS
No new business was discussed.
8. CORRESPONDENCE
No correspondence was discussed.
9. ADJOURNMENT
MOTION: Motion made by Cathy Newlin, seconded by Warren Mackenzie to adjourn meeting at 4:05 PM.
VOTE: 5-0
Respectfully Submitted,
Anna M. Scanlon
Recording Secretary