ZONING BOARD OF APPEALS
MONDAY, FEBRUARY 25, 2002
Members Present: Mr. Hare, Mr. Darrow, Mr. Westlake, Mr. Gentile, Mr. Rejman
Absent: Ms. Marteney (called)
Staff Present: Mr. Moore, Mr. Leone, Mr. Miller
APPLICATION APPROVED: 17 Chestnut Street
Mr. Rejman: Good evening, this is the Zoning Board of Appeals. Tonight we have one item: 17 Chestnut Street
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17 Chestnut Street, (Ra-A), 3-foot side yard area variance for garage, Rocco Malvaso.
Mr. Rejman: 17 Chestnut Street, come forward please? State your name for the record.
Mrs. Donohue: Ann Malvaso Donohue.
Mr. Rejman: OK, Ann, tell us what you would like to do there. Before you start I want to make an announcement. This is a seven member Board and you can see we are a little short tonight. It does take four affirmative votes to have an application passed. We will start this thing and right at the very end I am going to ask you if you would like us to continue and vote on it. OK.
Mrs. Donohue: OK.
Mr. Rejman: Please understand if you don’t get four out of four here then it is really difficult at that point.
Mrs. Donohue: What are my other alternatives?
Mr. Rejman: You can table until next month. I suggest you move forward and let’s how we feel towards the end.
Mrs. Donohue: Basically what I want to is my father is 85 years old and he has lived there for over 60 years. We want to put a one-car garage on the side of the house. We will be taking out the side porch. Basically the reason for this he needs a variance for that. He still wants to live in his house. One of our concerns is the winter; the ice and we strongly feel that this is safety measure for him.
Mr. Rejman: OK.
Mrs. Donohue: Basically that is all I have.
Mr. Rejman: Looking for a 3-foot variance, you need 7 feet, you only have 4.
Mrs. Donohue: Right. I did bring my father’s neighbor, Sandy Fedigan, the garage would be near her line and she has no objection. Do you want to hear from her?
Mr. Rejman: Yes, would you mind coming up please. Hi, state your name for the record.
Ms. Fedigan: Sandy Fedigan and I live at 21 Chestnut and the line that you are talking about is between their house and my house. We have no problem with it.
Mr. Rejman: You understand what they want to do there?
Ms. Fedigan: Yes. Everything they have always done has increased the property value.
Mr. Rejman: OK. Thank you. See one other gentleman out there, would you like to step forward and state your name.
Mr. Smith: Tim Smith, 13 Chestnut.
Mr. Rejman: OK, Tim, what is your opinion on this?
Mr. Smith: Well you sent me a notice, and where I sit I don’t have a problem with it as long as she doesn’t have a problem with it.
Mr. Rejman: Very good. OK, Ann, now we have a fifth member here (Mr. Gentile comes in to meeting), so now you only need four out of five affirmative votes.
Mrs. Donohue: This will only add to the value of the house. I feel confident to go ahead with this.
Mr. Rejman: Let's ask the Board if they have any questions. Any questions from the Board?
Mr. Darrow: Your father is 85 years old?
Mrs. Donohue: Yes. On March 1st.
Mr. Rejman: Any other questions from the Board? We are going to close the public portion right now, have a seat and we are going to discuss and come to a decision.
Mrs. Donohue: Thank you.
Mr. Darrow: Pretty self-explanatory when you consider the property is 62.37 feet wide, the minimum for a lot is 60 foot, there is not a lot you can do. I understand the health and safety issues, snow and ice, for having an attached garage. I don’t think there should be a problem.
Mr. Rejman: And the support of the two neighbors.
Mr. Darrow: Yes. I would like to make a motion that we approve a 3-foot area variance for 17 Chestnut Street for Rocco Malvaso for the purpose of constructing an attached enclosed garage as plotted on the layout attached with application.
Mr. Westlake: I second the motion.
VOTING IN FAVOR: Mr. Hare, Mr. Darrow, Mr. Westlake, Mr. Gentile, Mr. Rejman
Mr. Rejman: Application has been approved. See Mr. Moore in the morning for your building permit. Thank you very much.
Mrs. Donohue: Our family really appreciates this very much. Thank you.
Mr. Rejman: OK, any housekeeping?
Mr. Moore: Yes. I received a letter from Mr. Temple requesting that I extend his variance for another six months on 48 Cayuga Street and I could do it.
Mr. Darrow: That is where his girlfriend lived.
Mr. Moore: It is his girlfriend’s house.
Mr. Rejman: He presented it.
Mr. Moore: Actually he really didn’t have to come in, he does have a valid building permit, and he did send me a letter so I am notifying you.
Mr. Rejman: Are you looking for approval or looking for
Mr. Moore: Like I said it really doesn’t matter, I am just notifying you, that is all, because he does have a valid building permit.
Mr. Darrow: Does he have a valid reason for the extension?
Mr. Moore: Yes.
Mr. Rejman: Then there you go, your call. OK. Any other housekeeping?
Meeting adjourned at 7:15 p.m.
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