ZBA REGULAR MEETING MINUTES 24 January 2018

ZBA REGULAR MEETING MINUTES 24 January 2018 The Westbrook Zoning Board of Appeals met on Wednesday, January 24, 2018, in the Multi-Media Room of the Teresa Mulvey Municipal Center located at 866 Boston Post Road. Chairman Bonnie Hall called the Regular Meeting to order at 9:37 p.m. immediately following the public hearing portion of the meeting. Members present were Chairman Bonnie Hall, Mark Damiani, and Alternates Eugenia Magill, John Bech and Damian Wesoly. Absent were members Vincent Neri, Devin Xenelis and Alternate Nick Alaimo. Also present was Recording Secretary Category I, Janet L. Aiken. DECISIONS: No. 17-021 Appeal of James Kavanaugh & Margaret Mancini, applicants/owners. Property located at 60 Sagamore Terrace East, Identified on Assessor s map 193 as Parcel 139. HDR zone. Variance requested from Zoning Regulations Section No. 4.33.06(b) side yard setback to allow 5 where 10 required (shed), Section 8.01.03 location of accessory building to allow 5 where 10 required (shed). Section No. 4.33.06(b) side yard setback to allow 5.5 where 10 required (a/c), and Section No. 4.33.06(b) side yard setback to allow 5.5 where 10 required (shed), for 8 x 16 shed. Continued from 10/25/17 And No. 17-026 - Appeal of James Kavanaugh & Margaret Mancini, applicants/owners. Property located at 60 Sagamore Terrace East, Identified on Assessor s map 193 as Parcel 139. HDR zone. Variance requested from Zoning Regulations Section No. 4.33.06(b) side yard setback to allow 8.0 /7.5 where 10 required, for generator placement. Alternates Eugenia Magill and Damian Wesoly were seated to hear and vote on both applications. No issue with shed Zoning Commission working on shed regulations Not permanent No hardship with a/c unit Built on own pad Wants to expand patio so therefore move unit As to Application #17-021, a motion was made by Mark Damiani, seconded by Bonnie Hall, to GRANT variances of Section No. 4.33.06(b) side yard setback to allow 5 where 10 required, Section 8.01.03 location of accessory building to allow 5 where 10 required, and Section No. 4.33.06(b) side yard setback to allow 5.5 where 10 required for 8 x 16 shed, and DENY variance of Section No. 4.33.06(b) side yard setback to allow 5.5 where 10 required for relocating the a/c, with the a/c remaining where it is presently located. Statement of fact included the applicants had shown hardship for the shed as the lot was not only very small but that improvements and septic location maxed out any other location on the property. The motion carried unanimously. Requirements regarding fueling and placement

Page 2 ZBA Regular Meeting Minutes 1/24/18 Permanent structure Hardship? Option portable generator with external vents More variance than needed Other options/locations Convenience No hardship with land Could be placed in shed As to Application #17-026, a motion was made Bonnie Hall, seconded by Mark Damiani, to DENY the application request for lack of hardship. The motion carried unanimously. No. 17-022 Appeal of Thadeus W. Budney Jr., applicant/owner; Attorney Ed Cassella, agent. Property located at 29 Sagamore Terrace Road South. Identified on Assessor s map 193 as Parcel 150. HDR zone. Variance requested from Zoning Regulations Section No. 4.33.06(b) side yard setback to allow 6.9 /6.9 W, Section No. 4.33.06(b) side yard setback to allow 1.6 /1.8 E, Section No. 2.10.06 expansion of non-conforming structure, and Section No. 2.10.07 replacement of non-conforming structure, for second floor addition. CAM required. 23.7 height okay East & west sides bordered by beach association property Small addition in square footage Sufficient hardship shown Minimum variance requested Could go even higher A motion was made by Mark Damiani, seconded by Damian Wesoly, to GRANT the variance as presented including the CAM. Statement of fact included sufficient hardship had been demonstrated including constraints imposed by the Association s beach location. The motion carried unanimously. No. 17-024 Appeal of Ellen M. Lepak, applicant/owner; Attorney Ed Cassella, agent. Property located at 11 Lynne Avenue Ext. Identified on Assessor s map 184 as Parcel 030. HDR zone. Variance requested from Zoning Regulations Section No. 4.33.06(b) side yard setback to allow 6.6 /6.2 where 10 required and Section No. 2.10.06 expansion of non-conforming structure, for attached two-car garage. Too much Could be reconfigured High wind zone Zoning only hardship No financial or health Not sufficient hardship A lot of secondary information Septic where it could go Moving tank if approved Reserve area under driveway right up against addition Zoning hardship vs. health code Septic is hardship

Page 3 ZBA Regular Meeting Minutes 1/24/18 A motion was made by Eugenia Magill, seconded by John Bech, to GRANT the variance request. Statement of fact included location of the septic system. On the motion: For: Eugenia Magill, John Bech Opposed: Bonnie Hall, Mark Damiani, Damian Wesoly The motion failed due to the lack of four affirmative votes and the application was therefore denied. No. 17-025 Appeal of 33 Old Mail Trail LLC, applicant/owner; Attorney Ed Cassella, agent. Property located at 33 Old Mail Trail. Identified on Assessor s map 195 as Parcel 107. HDR zone. Variance requested from Zoning Regulations Section No. 4.33.06(b) side yard setback to allow 8.1 where 10 required, Section No. 4.33.06(b) side yard setback to allow 7.0 (house)/8.2 (deck) where 10 required, Section No. 4.33.06(a) front yard setback to allow 23.9 where 25 required, Section No. 4.33.08 height to allow 41 where 35 maximum, Section No. 4.33.06( c ) rear yard setback to allow 30.8 /29.7 (deck), 25.5 /24.9 (steps) and 34.3 /33.4 (overhang) where 35 required, and Section No. 2.10.06 expansion of non-conforming structure, to raise house to FEMA standards, add third floor and re-configure rear exterior stairs. CAM required. No hardship on height variance Could add third floor but not aesthetically pleasing Could make flat roof Overhang to be removed Beach association lot in front Not waterfront 10/12 pitch on gable Height request no All others okay Height aesthetics no reason for approval A motion was made by Mark Damiani, seconded by Eugenia Magill, to GRANT variances of Section No. 4.33.06(b) side yard setback to allow 8.1 where 10 required, Section No. 4.33.06(b) side yard setback to allow 7.0 (house)/8.2 (deck) where 10 required, Section No. 4.33.06(a) front yard setback to allow 23.9 where 25 required, Section No. 4.33.06( c ) rear yard setback to allow 30.8 /29.7 (deck), 25.5 /24.9 (steps) and 34.3 /33.4 (overhang) where 35 required, and Section No. 2.10.06 expansion of non-conforming structure, also approving the CAM, and DENY the variance of Section No. 4.33.08 height to allow 41 where 35 maximum. The motion carried unanimously. No. 17-027 Kenneth Perry, owner; J. Brian Buckley, applicant/agent. Property located at 25 Indian Trail. Identified on Assessor s map 188 as Parcel 054. HDR zone. Variance requested from Zoning Regulations Section No. 4.33.06(a) front yard setback to allow 18.4 where 25 required, Section No. 4.33.06(a) front yard setback to allow 16.5 where 25 required, Section No. 4.33.06(b) side yard setback to allow 9.5 where 10 required, Section No. 4.33.06(b) side yard setback to allow 4.5 where 10 required, Section No. 4.33.06(b) side yard setback to allow 8.9 where 10 required, Section No. 4.33.06( c ) rear yard setback to allow 29.8 where 35 required, and Section No. 2.10.06 expansion of non-conforming structure, to raise house to FEMA standards, add decks and construct raised walkways and stairs to grade. Corner lot Too much wraparound deck excessive Side opposite Indian Trail no hardship

Page 4 ZBA Regular Meeting Minutes 1/24/18 Rest okay Rear setback request of 29.8 insufficient hardship No access from area/no doors to deck A motion was made by Bonnie Hall, seconded by Mark Damiani, to GRANT the variance requests of Section No. 4.33.06(a) front yard setback to allow 18.4 where 25 required, Section No. 4.33.06(a) front yard setback to allow 16.5 where 25 required, Section No. 4.33.06(b) side yard setback to allow 9.5 where 10 required, Section No. 4.33.06(b) side yard setback to allow 4.5 where 10 required, Section No. 4.33.06(b) side yard setback to allow 8.9 where 10 required, and Section No. 2.10.06 expansion of non conforming structure, and DENY the variance of Section No. 4.33.06( c ) rear yard setback to allow 29.8 where 35 required. Statement of fact included hardship had been demonstrated for those requests granted however insufficient hardship had been shown for the variance denied. The motion carried unanimously. No. 17-028 - Appeal of Matthew A. Stevens, applicant/owner. Property located at 27 Linden Avenue South. Identified on Assessor s map 187 as Parcel 095. NCD zone. Variance requested from Zoning Regulations Section No. 4.114.04(b) side yard setback to allow 7.5 /10.1 (house) where 15 required, Section No. 4.114.04( c ) rear yard setback to allow 1.4 /0.5 (house) where 30 required, Section No. 4.114..03 floor area ratio to allow 31% where 30% maximum, and Section No. 2.10.06 expansion of non-conforming structure, to add second floor. CAM required. Straight up addition Meets height regulation Pull down stairs to attic Built in 1940 No third floor A motion was made by Bonnie Hall, seconded by Damian Wesoly, to GRANT the variance requests and approve the CAM as hardship had been met. The motion carried unanimously. No. 17-029 - Appeal of Breault, owner; Angela Cole, applicant/agent. Property located at 77 Chapman Beach Road. Identified on Assessor s map 18 as Parcel 109. HDR zone. Variance requested from Zoning Regulations Section No. 4.33.06(a) front yard setback to allow 15.95 and 15.92 where 25 required, and Section No. 2.10.06 expansion of non-conforming structure, for front portico. No brainer Protection of structure Previous variance much larger and applicant is willing to abandon A motion was made by Bonnie Hall, seconded by John Bech, to GRANT the application with the Stipulation that previously granted variance #13-09 dated 5/22/13 and filed on the Land Records, be abandoned as agreed to by the applicant. The motion carried unanimously. No. 17-031 Appeal of Lucia Nosal. owner/applicant; Attorney Ed Cassella, agent. Property located at 263 Seaside Avenue. Identified on Assessor s map 190 as Parcel 007. HDR zone. Variance requested from Zoning Regulations Section No. 4.33.06(b) side yard setback to allow 4.8, 5.1 and 7.1 where 10 required, Section No. 4.33.06( c ) rear yard setback to allow 34.05 and 34.21 where 35 required, and Section No. 2.10.06 expansion of nonconforming structure, for dormer additions of attic. CAM required.

Page 5 ZBA Regular Meeting Minutes 1/24/18 Sufficient hardship demonstrated Easement on Old Post Road issue Relates to the land Existing side yard distances CAM within 100 of beach Minimum area for wing dormer A motion was made by Bonnie Hall, seconded by Damian Wesoly, to GRANT the variance request and the CAM as hardship had been demonstrated. Statement of fact included the constraints placed on the property due to the Old Pent Road easement, the location being 100 feet from the beach thereby requiring a CAM and that the request was the minimum to alleviate the hardship. The motion carried unanimously. No. 17-032 Appeal of John Stranieri, owner/applicant. Property located at 257 Seaside Avenue. Property identified on Assessor s map 190 as Parcel 008. HDR zone. Variance requested from Zoning Regulations Section No. 4.33.06(a) front yard setback to allow 20 where 25 required, and Section No. 2.10.06 expansion of nonconforming structure, for glassed in portion of front porch. 6 x12 room constructed without a permit Constructed not built Within same footprint Adds square footage Same setback After-the-fact application Should have known needed permit and/or variance A motion was made by Eugenia Magill, seconded by John Bech, to GRANT the variance as hardship had been demonstrated. On the motion: For: Eugenia Magill, John Bech Opposed: Mark Damiani, Bonnie Hall, Damian Wesoly The motion failed due to the lack of four affirmative votes and the application was therefore denied. MINUTES A motion was made by Bonnie Hall, seconded by Mark Damiani, to approve the minutes of the 10/25/17 public hearing as amended. The motion carried unanimously. A motion was made by Damian Wesoly, seconded by Mark Damiani, to approve the minutes of the 10/25/17 regular meeting as amended. The motion carried unanimously. BILLS A motion was made by Bonnie Hall, seconded by Mark Damiani, to approve the bill from Halloran & Sage for $2,195.67 for the Marquis/Whitehouse appeal. The motion carried unanimously. ELECTION OF OFFICERS A motion was made by John Bech, seconded by Bonnie Hall, for Mark Damiani to remain Vice Chairman and Bonnie Hall to remain Chairman for the coming year. The motion carried unanimously. ADJOURNMENT A motion was made by Mark Damiani, seconded by Bonnie Hall, to adjourn. The motion carried unanimously. The meeting adjourned at 10:28 p.m. Respectfully Submitted, Janet L. Aiken Janet L. Aiken, Recording Secretary Category I