January 24, 2023 – Continued Petitions:

Petition of: Prescott Point Investor, LLC (Owner) Jeremiah C. Lynch III, Esq. (Attorney) for a Special Use Section 902, Article 9 to permit the construction of a 20-unit multifamily dwelling project, with a 2,500 sqft. clubhouse.  Said real estate is located at 0 West Main Road and further identified as lot 7 on tax assessor’s plat 104. The petition of Prescott Point Investor, LLC (Owner) and their attorney Jeremiah C. Lynch III, Esq. for a Special Use to Section 902, Article 9 to permit the construction of a 20-unit multifamily dwelling project was continued to the Oct 24, 2023 meeting.

Petition of: Prescott Point Investor, LLC (Owner) Jeremiah C. Lynch III, Esq. (Attorney) for a Variance from Section 603, 1506 (A), 1508 (A) & 903 to construct principal buildings, with windows, within 50’ of the adjacent building and to permit the construction of a multifamily dwelling project with maximum building height of 45’ where 35’ is allowed.  Additionally, seeking variance for multifamily dwelling project not connected to sewer system.  Said real estate is located at 0 West Main Road and further identified as lot 7 on tax assessor’s plat 104. The petition of Prescott Point Investor, LLC (Owner) and their attorney Jeremiah C. Lynch III, Esq. for a Variance from Section 603, 1506 (A), 1508 (A) & 903 to permit the construction of a 20-unit multifamily dwelling project was continued to the Oct 24, 2023 meeting.

May 23, 2023 – Continued Petitions:

Petition of: CCE Development, Inc. (Owners) and J2 Construct Inc. & Boardworx, Inc. (Applicant) for a Special Use Permit under Article 602 for approval to manufacture furnishings, millwork, and casework items within the primary and accessory buildings.  Said real estate is located at 499 East Main Road and further identified as lot 27 on tax assessor’s plat 113. The petition of CCE Development, Inc. (Owners) and J2 Construct Inc. & Boardworx, Inc. (Applicant) for a Special Use Permit for approval to manufacture furnishings, millwork, and casework items within the primary and accessory buildings was withdrawn without prejudice. The board voted 5-0 to accept the withdrawal. Thomas Heaney made the motion and Mark Donahue second.

Summary Petitions:

Petition of: Robin Conley (Owner) for a Variance from 603, 903 321 (A) to construct a 6’ x 10’ front deck resulting in a 19’ front yard setback where 25’ is required.  Said real estate is located at 16 High Street and further identified as lot 30 on tax assessor’s plat 108. The petition of Robin Conley (Owner) for a Variance from 603, 903 321 (A) to construct a 6’ x 10’ front deck resulting in a 19’ front yard setback where 25’ is required. Ms. Conley spoke on her behalf. She provided the details for the petition. The request was straight forward and there were no additional questions from the board. When the Chairman opened the meeting to the public, no one spoke out against the petition. After closing the hearing, a motion was made to approve the petition by Stephen Huttler and second by Mark Donahue. Following a discussion among the Board members the board voted 5-0 to approve the petition. The reasons given for approval are:

1.      That the hardship petitioner faces are not the result of any prior action of petitioner;

That the motivation for the petition is to build a deck to provide with greater recreational space;

2.    That the relief requested is the least relief necessary;

3.    That the granting of this accommodation will not alter the general character of the surrounding area.

Petition of: Melissa Roderick & Michelle Fried (Owners) for a Variance from 603, 903 321 (A) to construct a rear deck 20’-4’ from the rear Western property line where 30’ is required.  Said real estate is located at 11 Crest Street South and further identified as lot 54 on tax assessor’s plat 116. The petition of Melissa Roderick & Michelle Fried (Owners) for a Variance from 603, 903 321 (A) to construct a rear deck 20’-4” from the rear Western property line where 30’ is required.  Ms. Roderick spoke on their behalf. She provided the details for the petition. The request was straight forward and there were no additional questions from the board. When the Chairman opened the meeting to the public, no one spoke out against the petition. After closing the hearing, a motion was made to approve the petition by Stephen Huttler and second by Thomas Heaney. Following a discussion among the Board members the board voted 5-0 to approve the petition. The reasons given for approval are:

2.      That the hardship petitioner faces are not the result of any prior action of petitioner;

That the motivation for the petition is to build a deck to provide with greater recreational space;

2.    That the relief requested is the least relief necessary;

3.    That the granting of this accommodation will not alter the general character of the surrounding area.

Petition of: Christopher Keefe (Owner) for a Variance from 603, 903 321 (A) to construct an extension off existing deck.  New deck will be 21’ from setback where 40’ is required.  Said real estate is located at 1250 East Main Road and further identified as lot 841 on tax assessor’s plat 117. The petition of Christopher Keefe (Owner) for a Variance from 603, 903 321 (A) to construct an extension off existing deck.  The new deck will be 21’ from setback where 40’ is required. Mr. Keefe spoke on his behalf. He provided the details for the petition. The request was straight forward and there were no additional questions from the board. When the Chairman opened the meeting to the public, no one spoke out against the petition. After closing the hearing, a motion was made to approve the petition by Stephen Huttler and second by Antone Viveiros. Following a discussion, among the Board members the board voted 5-0 to approve the petition. The reasons given for approval are:

1.      That the hardship petitioner faces are not the result of any prior action of petitioner;

That the motivation for the petition is to build a deck to provide with greater recreational space;

2.    That the relief requested is the least relief necessary;

3.    That the granting of this accommodation will not alter the general character of the surrounding area.

New Petitions:

Petition of: David Kilroy (Owner) for a Special Use from 1106, 725 & 602 to construct 12 ground mounted solar panels in a watershed.  Said real estate is located at 600 Paradise Avenue and further identified as lot 3(A) on tax assessor’s plat 127. The petition of David Kilroy (Owner) for a Special Use from 1106, 725 & 602 to construct 12 ground mounted solar panels in a watershed. Mr. Kilroy explained the need for the ground mounted solar panels in a watershed area. Mr. Kilroy pointed out that he owns the abutting property and his rationale for sighting the solar array further into a watershed area was to protect an existing stand of trees. The trees would have to be removed if the special use is not granted. Additionally, Mr. Kilroy wanted everyone to know his intention for setting up the solar panels was to take some of the load off an already taxed grid. The chairman asked Mr. Kilroy if any of his neighbors objected to the project. Mr. Kilroy said his neighbors were supportive of his plan to erect solar panels. When the Chairman opened the meeting to the public, no one spoke out against the petition. After closing the hearing a motion was made to approve the petition by Stephen Huttler and second by Mark Donahue. There was no additional discussion among the board members. The board voted 5-0 to approve the petition. The reasons given for approval are:

1.      That the special use will not result in the diminution of property values;

2.    That the special use will not create a nuisance;

3.    That the special use is compatible with the Comprehensive Community Plan;

4.    That the special use will not result in hazardous conditions or conditions inimical to the public health, safety, or welfare.

Petition of: Cosmo Haralambidis (Owner) for a Special Use from 803G to construct 2^nd story addition and deck on existing nonconforming 2-family structure.  All construction within required setbacks.  Said real estate is located at 443 Wolcott Avenue and further identified as lot 209 on tax assessor’s plat 116NE. The petition of Cosmo Haralambidis (Owner) for a Special Use from 803G to construct 2^nd story addition and deck on existing nonconforming 2-family structure.  All the new construction will be within required (existing) setbacks. Mr. Haralambidis asked his architect, Mr. Mark Fontaine, to explain the renovations.  Mr. Fontaine explained the need for the additional space, Mr. Haralambidis is bringing his elderly mother there to live with the family. Thus the new construction gives them greater living space and straightens out a chopped up floor plan. The renovations will not cause an increase in the structure’s nonconformity. The chairman asked Mr. Haralambidis if he’s spoken to his neighbors. Mr. Haralambidis said he had and that they were supportive of his renovation plan. When the Chairman opened the meeting to the public, no one spoke out against the petition. After closing the hearing a motion was made to approve the petition by Antone Viveiros and second by Mark Donahue. There was no additional discussion among the board members. The board voted 5-0 to approve the petition. The reasons given for approval are:

2.      That the special use will not result in the diminution of property values;

2.    That the special use will not create a nuisance;

3.    That the special use is compatible with the Comprehensive Community Plan;

4.    That the special use will not result in hazardous conditions or conditions inimical to the public health, safety, or welfare.

Petition of: Cardinal 159, LLC (Owners) and Girard Galvin, Esq. (Attorney) for a Special Use from 902, 602 and Variance from 903, 803(G), 701 & 603 to construct a 1300 sqft addition to existing restaurant, which will encroach upon northern setback (addition will be 11’2” from North property line where 35’ is required, while existing structure is 10’7” from North property line).  The expansion of the existing special use permit to serve alcoholic beverages requires a special use permit. Said real estate is located at 159 West Main Road and further identified as lot 45 on tax assessor’s plat 108. The petition of Cardinal 159, LLC (Owners) and Girard Galvin, Esq. (Attorney) for a Special Use from 902, 602 and Variance from 903, 803(G), 701 & 603 to construct a 1300 sqft addition to existing restaurant, which will encroach upon northern setback (addition will be 11’2” from North property line where 35’ is required, while existing structure is 10’7” from North property line).  The expansion of the existing special use permit to serve alcoholic beverages requires a special use permit. Attorney Galvin, on behalf of Cardinal 159, LLC, requested a continuance to the Sept 26, 2023 meeting. Additionally, having presented expert witnesses and testimony, Mr. Galvin requested to keep the public hearing open until the matter can be decided at the September meeting.

A motion to adjourn the Aug 22, 2023 meeting was made by Mark Donahue. Antone Viveiros second the motion. The meeting was adjourned at 7:37 pm.

All items on this agenda may be considered, discussed, and voted upon.

POSTED:  August 2, 2023

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