PRESENT: Peter Stempien, Chairman, Sally Cini, Secretary, Phil Hagaman, Bill Greenwood, Bill Willetts, Alternate

ALSO PRESENT: Attorney Greg Kirschner, for the Applicant, Ann Farley, Applicant, Attorney Edward O’Connell, Association Counsel, Steve Whitman, Alternate, Tom Hayes, Alternate, Charlie Beckham, BP Zoning Enforcement Officer

ABSENT: Don Wilkinson

1. Call Public Hearing to Order

Chairman Stempien called the Public Hearing to order at 10:35 AM.

Mr. Stempien noted that he had seated Bill Willetts, Alternate at the table.

2. Read Notice of Public Hearing

Mr. Stempien read the Notice of Public Hearing:

Case No. 1 - 2006: Request for Variance by Ann Farley, Owner, to allow for a front porch to be within the front setback area, Section V.1A & V.1B on property located at 39 Seacrest Avenue.

Mr. Stempien noted that this was sent to The Day for publication on 2/7/06 and 2/15/06.

3. Introduction of Zoning Board of Appeals members

Mr. Stempien asked the Board Members to identify themselves for the audience. The members did so.

4. Poll ZBA Members for conflicts of interest –

Mr. Stempien polled the Board members for any conflicts of interest – hearing none – he noted to the applicant and the audience that they would need four votes in favor for the appeal to be granted.

Mr. Stempien called upon the applicant or their representative to give their presentation.

Attorney Kirschner said that this request for variance is under the Fair Housing guidelines that both Federal and State recognize. Ms. Farley is requesting to build a slightly larger front landing to allow her better movement. She has a permanent and degenerative disability that limits her range of motion. This is clearly within the view of the Federal Fair Housing Act and is seen as a reasonable request. The enlargement of the front step area will be kept to a minimum with 2’9” beyond the 3’ side to side and 1’ out beyond the 3’ in the front.

Mr. Stempien asked if there was a medical report filed in terms of her condition and to see a copy of it.

Attorney Kirschner said that it was given to the Zoning Enforcement Officer, Mr. Beckham and that it should be in the file.

Mr. Beckham presented the copy from the file, to Mr. Stempien.

Attorney Kirschner asked that it please be entered into the record.

Mr. Stempien read into the record Exhibit A - a letter dated August 27, 2004 from Stephen Firshein MD , Hartford, CT, stating that Ms. Farley has an illness that may require the use of a walker or wheelchair in the future.

Mr. Willetts asked if the front entrance of Ms. Farley’s house, as it exists today, doesn’t allow her to have unlimited room to maneuver now?

Attorney Kirschner replied yes, but the area has a tendency to puddle and she needs a level, covered area.

Mr. Willetts asked if that wouldn’t be something that would apply to everyone in the community and not just to her?

Attorney Kirschner said certainly and added that they could have the 3’ x 3’ landing.

Mr. Willetts asked if the presence of the columns would be impeding her ability to maneuver on the landing.

Attorney Kirschner said that they are minimal and added that she has a 39” wide handicap front door there already.

Mr. Greenwood asked for the date of the doctor’s letter.

Mr. Stempien said that it was dated August 27, 2004.

Mr. Beckham said that the permit was issued in June of 2004 and that they are a year and a half into it and it needs to be amended. Section 1B addresses the 3’ x 3’ size criteria that they have been talking about and where the actual property line is and the setback area.

Attorney Kirschner said that they are allowed 17’. The area from the foundation is 21’ according to the A-2 survey.

Mr. Stempien asked if they could get a copy of that A-2 survey so that it can be used for the basis of the variance.

Mr. Beckham said that he has a copy in the file and that it would be used for the variance.

Mr. Stempien asked if there were other comments from the Board or if anyone from the public wished to speak regarding this application –

Hearing no one –

Mr. Stempien asked if the Commission members had any other questions or comments regarding this application –

Hearing none –

Mr. Stempien closed this public hearing at 10:48 AM.

REGULAR MEETING

Mr. Stempien opened the Regular Meeting for Case No. 1 - 2006 at 10:49 AM.

Case No. 1- 2006: Request for Variance by Ann Farley, Owner to allow for a front porch to be within the front setback area, Section V.1A & V.1B on property located at 39 Seacrest Avenue.

Mr. Stempien called for discussion.

Mr. Hagaman said that he would make a motion.

**MOTION (1)

Mr. Hagaman moved to approve the request for variance by Ann Farley, Owner to allow for a front landing with overhang, of 5’9” wide by 4’ deep within the front setback area, on property located at 39 Seacrest Avenue.

Mr. Greenwood seconded the motion.

It was noted that this was approved due to Ms. Farley’s disability.

Mr. Stempien called for a vote on the motion.

Vote in Favor of the motion: 4 – 1 – 0. Motion passed.

For: Mr. Stempien, Ms. Cini, Mr. Greenwood, Mr. Hagaman

Against: Mr. Willetts

ADJOURNMENT

**MOTION (2)

Mr. Greenwood moved to adjourn Case #1-2006 of the Black Point Beach Club Zoning Board of Appeals at 10:55 AM.

Mr. Hagaman seconded the motion.

Vote: 5 – 0 – 0. Motion passed.

Respectfully submitted,
Karen Zmitruk,
Recording Secretary