Administrative:

1. Roll call. Zoning Board of review was called to order at 6:03PM. The board members present: Thomas Heaney, Rick Lombardi, Alicia Reyes, Rebecca Rogers, Christopher Rowe, Judith Rosenthal, and Antone Viveiros. Absent: Mark Donahue. Unless otherwise indicated, the voting members for this meeting were: Thomas Heaney, Rick Lombardi, Rebecca Rogers, Judith Rosenthal, and Alicia Reyes.
2. Adoption of the Zoning Board meeting minutes from August 26, 2025 as written. Rick Lombardi made the motion to accept the minutes and Rebecca Rogers seconded. The minutes were approved 5-0.
3. No previous continued petitions.

______________________________________________________________________________

New petitions for September 23, 2025:

Petition ZBR-25-11: Donald & Lilly Thieme (Owner) Tanner Jackson (Attorney) for a Variance from 603 & 321 (A) to construct an 11.6' X 13' three season room 44' from the rear yard where 50' is required.  Said real estate is located at 71 Gosset's Turn Drive further identified as Plat 105 Lot 623.

This matter was presented as a summary petition. After reading in the summary petition, a motion was made to approve the petition as a summary case. When the chairman opend the meeting to the public, no one expressed concerns regarding the summary petition. Since no  one objected, the board voted on the petition without a full hearing. Rick Lombardi made the motion to approve the summary petition and the motion was seconded by Judith Rosenthal. The summary petition was approved 5-0.

Petition ZBR-25-20: Frank Ubriaco (Owner) Richard Viera (Applicant) for a Variance from 603,903, 803 (G) and 321(A) to add a 12' X 10' pergola on the existing deck.  Said real estate is located at 146 Tuckerman Avenue further identified as Plat 116 NE Lot 150

This matter was presented as a summary petition. After reading in the summary petition, a motion was made to approve the petition as a summary case. When the chairman opend the meeting to the public, no one expressed concerns regarding the summary petition. Since no  one objected, the board voted on the petition without a full hearing. Rick Lombardi made the motion to approve the summary petition and the motion was seconded by Judith Rosenthal. The summary petition was approved 5-0.

Petition ZBR-25-21: Austin & Mary Willis (Owner) Girard Galvin (Attorney) for a Variance from 603, 903 & 701 to construct a new house in a coastal buffer that results in a 15.7' front yard setback where 25' is required; and 13.7' on both side yard setback where 15' is required. Said real estate is located at 83 Shore Drive and further identified as Plat 116 SE Lot 10

Attorney Regan and voting member Judith Rosenthal recused themselves from this petition. The voting members for only this vote were: Thomas Heaney, Rick Lombardi, Alicia Reyes, Rebecca Rogers, and Christopher Rowe. Attorney Galvin was present on behalf of Austin and Mary Willis (Owners). Mrs. Willis explained that her and her family purchased the property about a year ago and wants to demolish the current home and rebuild the home. The property is entirely in CRMC jursidiction and due to significant deffered maintance on the property, does not meet the FEMA requirements. The property is also in a flood area and needs to be 26 feet above sea level. Mrs. Willis further stated that this property is intended to be a family home for long term use for her children and in-laws and will bring value to the neighborhood. Rosana Harding, a architect with 17 years of experience and licensed in California and New York is qualified as a expert. Mrs. Harding described the pie shape lot and how to design a home that would comply with mutliple boards, including FEMA and CRMC. The original design did fit within the zoning code and did not require zoning approval, however, CRMC compliance required the design to be changed by moving the structure closer to the road. Mrs. Harding further stated that the encroachments are 1.3 feet on both sides, which is minimal and the necessary features of the home are the sides where the set backs are. Mike Russel is qualified as a expert in engineering. The plans were entered as Exhibit A. Mr. Russel discussed the hardships the owners face, including the shape of the lot and that the entire property is within CRMC jurisdiction and therefore requires their approval. A plan was presented to the CRMC for review and the board did not want the new build to encroach any further towards the coastal buffer and requested that the home be moved closer to the street. Mr. Russel explained that there is a split zone – velocity zone and flood zone which creates an additional hardship.

James Houle is qualified as an expert in land use. Exhibit B was entered. He stated that the exisiting home is older and does not aline with the current market whereas the new design is a better fit for the area. Mr. Houle further stated that the new build would be a greater improvement to the neighborhood. When the chairman opened the meeting to the public, Marissa Nardo, a neighbor objected. Mrs. Nardo explained she purchased her home in 2017 and that the new home would be in very close proximity to her property. She described that the home Mrs. Willis wishes to build would tower over hers. The hearing was closed and Rick Lombardi made a motion that the variance be approved. Rebecca Rogers opposed the motion. The motion was seconded by Alicia Reyes. The motion was approved 4-1 with the condition of CMRC approval. The reasons for granting the variance were:

1. That the hardship the petitioner faces are due to the unique characteristics of the lot;
2. That the hardship is not the result of any prior action of the applicant;
3. That the granting of this accommodation will not alter the general character of the surround area;
4. That the hardship which will be suffered if the dimensional variance is not granted shall amount to more than a mere inconvenience.

Petition ZBR-25-16: Ryan Miller (Owner) and Brian Shull (Applicant) for a Variance from 603, 701 and 903 to add a second floor over existing garage on non-conforming lot of record.  And add a 12' x 21' addition for access stairs/entry to second floor resulting in 1.5' East side rear setback where 30' is required.  Said real estate is located at 13 Fairview Avenue further identified as tax assessors Plat 108SW Lot 54.

This petition was continued to the next date of October 28, 2025.

Petition ZBR-25-18: Dawn S. McKenna (Owner) Brett Wallick (Applicant) for a Variance from 603 & 903 to add an addition resulting in a side yard setback of 13.6' where 15' is required and rear setback of 26.6' where 30' is required. Said real estate is located at 27 Cow's Path further identified as Plat 105 Lot 524. R-10 District.

Brett Wallick (Applicant) was present. Mr. Wallick described that the plan is to keep the original design of the property but stretching the house on the south side of the property to enlarge the master bedroom. The property next to said property is currently for sale and there is no one to discuss if there was any issue with this plan. Due to the odd shape of the lot, it creates a hardship. When the chairman opened the meeting to the public, there were no objections. The hearing was closed and Rick Lombardi made a motion that the variance be approved. Rebecca Rogers seconded the motion. The motion was approved 5-0. The reasons for granting the variance were:

5. That the hardship the petitioner faces are due to the unique characteristics of the lot;
6. That the hardship is not the result of any prior action of the applicant;
7. That the granting of this accommodation will not alter the general character of the surround area;
8. That the hardship which will be suffered if the dimensional variance is not granted shall amount to more than a mere inconvenience.

Rick Lombardi made a motion to adjourn the September 23, 2025 meeting. Rebecca Rogers seconded the motion. The motion to adjourn was approved 5-0. The meeting was adjourned at 7:25PM.