ZONING BOARD OF APPEALS
MONDAY, JULY 24, 2006
Members Present: Ms. Marteney
Mr. Baroody
Mr. Darrow
Ms. Brower
Mr. Westlake
Mr. Bartolotta
Member Absent: Mr. Rejman
Staff Present: Ms. Hussey
Mr. Hicks
Mr. Selvek
APPLICATIONS
APPROVED: 42 Chapman Avenue
66 Standart Avenue – one variance
APPLICATIONS
DENIED: 111 E. Genesee Street
66 Standart Avenue – one variance
APPLICATION
TABLED: 102 Osborne Street
Mr. Darrow: We are normally a 7-member board; we are currently two members shy. What we are going to do is postpone for 5 more minutes to wait and see if our Chair shows up and one of the other members, if not, we will proceed as is.
Good evening, welcome to the Zoning Board of Appeals. I am Vice-Chairman Ed Darrow. Tonight on our agenda we have:
102 Osborne Street
111 E. Genesee Street
42 Chapman Avenue
66 Standart Avenue
150 Grant Avenue
First on the agenda, are there any additions, corrections, or deletions to the minutes of our last session? Seeing none, hearing none, they will stand as recorded.
ZONING BOARD OF APPEALS
MONDAY, JULY 24, 2006
102 Osborne Street, R2 zoning district. Carr Magel, applicant. Area and use variances for legalizing fourth dwelling unit (efficiency apartment).
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Mr. Darrow: 102 Osborne Street, Carl Magel. Any body representing 102 Osborne Street, Carl Magel?
Seeing none, we will move on to the next item.
Mr. Magel: (Came in late) Can I be excused? You only have six people here right.
Mr. Darrow: That is correct we are one short.
Mr. Magel: Do I have to stay under those circumstances?
Mr. Darrow: Yes we do not have a full board so if you would like to table until the next meeting you may.
Mr. Magel: I would like to table.
Mr. Darrow: You may.
Mr. Magel: Thank you very much.
Mr. Darrow: Let the record show that 102 Osborne Street has been tabled to our next meeting.
ZONING BOARD OF APPEALS
MONDAY, JULY 24, 2006
111 E. Genesee Street, R1A zoning district. Joseph Blumrick, applicant. 3’2” are variance in height of allowed 4’ for front yard fence.
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Mr. Darrow: 111 E. Genesee Street, Joseph Blumrick. Mr. Blumrick, please come forward. As the record shows from the last meeting this is a 7-member board, we do have 6 this evening, but as you know due to relations, I will be abstaining. So it is a 5-member board, we will still give the privilege of tabling until the next meeting so that you could have at least 6 possible members or you may proceed this evening, which ever your wish may be.
Mr. Blumrick: What is the majority? Four?
Mr. Darrow: Yes, you need 4 yes votes.
Mr. Blumrick: I can assume if I were to postpone to next month I probably would end up with basically the same number again.
Mr. Darrow: So would you like to proceed?
Mr. Blumrick: I will proceed.
Mr. Darrow: OK, wonderful, if you could please state to us what you would like to do.
Mr. Blumrick: Basically I have if any of you have been by and seen the property, I have a fence across the front of my yard, what I am looking to do is where the slope of the land goes from where the retaining wall is down to a point which is tasteful, I am basically, there is actually a grade already there, it is already landscaped, I am looking to put a 4 foot fence, I think it is about 15 feet down to where the chain link fence is and complete the project.
Mr. Darrow: Are there any questions from the board members?
Mr. Baroody: What I understand is you are looking to tie in the 4-foot fence go up the slope with the other fence would be 6
Mr. Blumrick: It will be 4 foot but it is following the grade. It will be 2 feet below the other fence, it will be 4 feet from the grade.
Ms. Brower: What is the variance neede4d?
Ms. Hussey: The grade was artificially created so the Zoning Ordinance calls for the height at the grade and street level and because it was artificially created to accommodate the pool.
Ms. Brower: Ok.
Mr. Darrow: Are there any other questions from board members?
Mr. Westlake: It looks tastefully done.
Mr. Darrow: Hearing none, we will close the public portion, you may be seated and we will discuss this amongst ourselves.
Mr. Scharett: I oppose, will I have a chance?
Mr. Darrow: I am sorry, absolutely, please.
Mr. Scharett: My name is Lawrence Scharett, I live at 107 E. Genesee Street right next to this 4 foot fence. Looking from my side I see 10 foot of wood. It looks like I live in a wooden box. That grade was artificially created, that wasn’t a natural grade. Several years ago we were here for the exact same thing, Mr. Blumrick asked for a variance for the same reason to extend his too tall fence even farther towards Genesee Street. His request was rightfully denied at that time. I again ask that this not be granted for the same reasons. We look out our side door at a wall of wood, it looks like we live in a wooden box. It would shut out the sunlight that would enter our yard. Now Mr. Blumrick wants to close
off the last remaining view we have looking eastward on Genesee Street. We have to go the end of our driveway to see up Genesee Street. This extension is not what we or our neighbors want. It would also make it hard to see people walking down the sidewalk or children riding down the sidewalk on bikes. We ask you to deny Mr. Blumrick’s request again. Thank you.
Mr. Darrow: Thank you. Any one wishing to speak for or against this application? Yes, Mr. Blumrick.
Mr. Blumrick: One quick rebuttal on that.
Mr. Darrow: Please, you need to approach the podium.
Mr. Blumrick: At the time I did do that, that was a 4 foot solid wood fence directly to the sidewalk and at that point it was denied because it would block the view from the road. However, this fence is roughly 20 feet back, it is a chain link fence as per Code, you can see through it, it doesn’t obstruct any body’s vision. That was the reason the first one was denied because I wanted to keep the same basic concept a wood fence all the way through and you said I couldn’t do that, I went to the chain link fence which you can see doesn’t obstruct any body’s view. In this little section here when you do the grade I think it is roughly 7 feet and goes down to 4 feet so it is not a complete 10 foot solid wall, a small taper
going down to grade.
Mr. Westlake: Why do you feel you need a fence at all?
Mr. Blumrick: Basically because of the way the grade is, I need the fence to keep it the way it looks, I couldn’t have my dog in the front yard. I need the fence.
Ms. Marteney: Can you clarify where the fence is going, I couldn’t understand it from the drawings. It is going where you have the wooden
Mr. Blumrick: Correct that is it.
Mr. Baroody: Aesthetically it is getting from point A to point B.
Mr. Blumrick: I couldn’t put a pole in that grade a little bit of retaining wall that is basically the only kind of fence that I can use.
Ms. Marteney: You already have a fence there.
Mr. Baroody: Not there, he has a chain link to here.
Mr. Bartolotta: Where will the fence end?
Mr. Blumrick: At the street. The fence encompasses my entire yard.
Mr. Baroody: He has 20 feet of chain link then the wooden fence then nothing further.
Ms. Marteney: I could not understand from your application what type of fence you were putting in or where it was going to go. But where there is this light color here
Mr. Blumrick: That is correct
Ms. Marteney: You are wanting to put this.
Mr. Blumrick: Where you see the 45-degree angle that is where the top of the fence is going to be.
Ms. Marteney: And it is going to be the same color as this fence here?
Mr. Blumrick: Yes.
Mr. Darrow: Are there any other questions for Mr. Blumrick from the board members?
Mr. Baroody: From the sidewalk back you have 20 feet of chain link fence, then you tie the wood in and then you have a wooden fence around the pool, you are looking just to tie in to make it all look aesthetically from point A to point B.
Ms. Marteney: It was very difficult to understand that from your application where it is going.
Ms. Brower: Does the neighbor understand that?
Mr. Blumrick: I am sure he does.
Mr. Darrow: Any other questions for Mr. Blumrick? You may be seated sir.
Mr. Blumrick: Thank you.
Mr. Darrow: Is there anyone that has something new to add? Please step forward and give your name for the record and your address.
Mr. Scharett: Lawrence Scharett, 107 E. Genesee Street. What Mr. Blumrick is describing is there is a 10 foot corner of wood on top is a 6 foot fence on top of a 4 foot retaining wall on my side it is 10 feet tall. He wants to extend that 10-foot corner, 9 feet of that out about 25 more feet so it is going to be blocking a solid view, from his side it is 4 feet, and he wants 4 foot on top of 4 foot already there. He created the mound there, it is not a natural grade, and he put that grade there.
Mr. Darrow: Sir, it is my understanding from his application and please correct me if I am wrong, that what he plans on extending is going to be chain linked and not solid wood.
Mr. Baroody: Wood from point A to point B.
Ms. Brower: He doesn’t want to go 25 feet but
Mr. Baroody: It has to be at least 25 feet
Ms. Brower: I see where it is going to go, is that 25 feet?
Mr. Baroody: 16 or 18 feet.
Mr. Darrow: Is there any body to speak for or against or has something new to add? Seeing none, we will close the public portion. Discussion?
Mr. Westlake: I am still not clear, what is he putting there a chain link fence?
Ms. Brower: No. This white part here that is all that is going up.
Mr. Westlake: So he wants to fill this in?
Mr. Bartolotta: Simply it looks like a maybe a 6-foot
Mr. Westlake: He is going to fill all this in with wood?
Mr. Baroody: There is going to be a wood fence from point A to point B. The chain link stays the same nothing toward the road. This fence is going to be extended to the wood to tie in right here, going from 0 to 4 or 5 feet whatever that is.
Mr. Westlake: But he built this grade
Mr. Baroody: To match the grade that the built because the pool is there.
Mr. Westlake: How long is the chain link
Mr. Baroody: 20 to 30 feet to the road. That is going to be that area right there.
Ms. Marteney: 19 feet
Mr. Darrow: 19 feet of wood fence?
Ms. Marteney: It doesn’t say, it doesn’t say on there.
Mr. Darrow: So this evening’s variance is for the wood fence not the chain link fence?
Mr. Hicks: That is correct.
Mr. Darrow: Does the board understand that? You are voting on the wood fence not the chain link fence that was spoken of.
All agreed.
Is there any other discussion?
Ms. Brower: If he fills this in does it create more of a shadow and walls for the neighbors?
Mr. Darrow: That seems to be the neighbors’ contention.
Mrs. Scharett: Can I speak?
Mr. Darrow: Absolutely. Please approach. Can we have your name and address for the record.
Mrs. Scharett: My name is Mary Ann Scharett. I live at 107 E. Genesee Street. Come up to my yard and see what we have to look at every day, is any body willing to do that?
Ms. Marteney: We have been by it.
Mrs. Scharett: You have been by it, you haven’t been in my yard. I can’t grow any plants, I have nothing but shade, it is like living in a box. We received no letter for a variance when he did that, now he wants a variance to (couldn’t hear). Are you coming to look at it, it is beautiful from their side.
Mr. Darrow: We are required to visit the properties that are on the agenda. We do not go on neighbor’s property the only property we are permitted on is the applicant’s property.
Mrs. Scharett: Which looks nice to them.
Ms. Marteney: I got out on the sidewalk
Mrs. Scharett: Did you look in my yard, how it looks.
Mr. Darrow: Thank you. Last rebuttal for Mr. Blumrick and then the Chair will be entertaining motions.
Mr. Blumrick: I will be brief. Basically my neighbor has probably got more growth in their yard than any 4 or 5 neighbors that we know of. There are more trees, shrubs, plants in fact if you look from either side the growth I have on my side and the growth they have on their side it is very difficult to actually see the fence when I put it up, if you have been down to look at it. The reason it is shady is because they have more trees and shrubs than any 3 or 4 neighbors that I know of in their yard. They have the biggest tree in the neighbor right next to their house.
Mr. Darrow: Please, all comments are addressed to the board.
Mr. Blumrick: If they didn’t have so much shade there they would actually have some sun but they choose to have trees and shrubs and that does cause I mean realistically my fence might cause a little shade early in the morning from 10:00 on the sun is going to hit their property and all the shade is from all their trees and shrubs. They choose to have that stuff and that is what they have, a nice shady yard, which is great in the summer if it is hot.
Mr. Westlake: They don’t need a variance for their trees. You need a variance for your fence.
Mr. Blumrick: I am not against trees, if you want trees, you are going to get shade.
Mr. Darrow: Thank you Mr. Blumrick. Public portion is closed. Any more discussion amongst the board members? The Chair is entertaining motions.
Mr. Westlake: I would like to make a motion that we grant Joseph Blumrick of 111 E. Genesee Street requesting a 3 foot 2 inch area variance in height of the allowed 4 foot for a front yard fence. This is a 19-foot long transition to the existing sideline rear portion fence.
Mr. Darrow: The Chair has a motion, is there a second?
Mr. Baroody: I’ll second that.
VOTING IN FAVOR: Mr. Baroody
Mr. Bartolotta
VOTING AGAINST: Ms. Marteney
Ms. Brower
Mr. Westlake
ABSTAINING: Mr. Darrow
Mr. Darrow: Sir your variance has been denied. Unless thee is a large change in circumstances you cannot apply for the same variance, but if there is a large change you can reapply.
Mr. Blumrick: My question is what options are available to me?
Mr. Darrow: You would have to discuss that with your counsel.
Thank you.
ZONING BOARD OF APPEALS
MONDAY, JULY 24, 2006
42 Chapman Avenue, R2 zoning district. John Williams, applicant. Area variance for shed less than required 10 feet from house.
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Mr. Darrow: 42 Chapman Avenue, are you here?
Mr. Williams: John Williams, 42 Chapman Avenue.
Mr. Darrow: Could you please tell us what you would like to do.
Mr. Williams: I would like to put up a shed, I want a variance for the 10-foot from my house. We had a concrete form up there before. We attempted to put a shed farther in the back yard but it always gets moisture for the creek because the landscape slopes right down to our back yard and it stays wet. It lasts about a year before it starts to rot out. I want to put the shed back to where we had it before.
Mr. Darrow: Are there any questions from the board?
Is there anyone that would like to speak for or against the application? Any body who would like to speak for or against this application? Seeing none, you may be seated and we will discuss this amongst ourselves.
Mr. Westlake: It will float away they have to move it to higher ground.
Mr. Darrow: When I viewed the property it was kind of clear-cut.
Mr. Westlake: I would like to make a motion that we grant John Williams of 42 Chapman Avenue, the applicant is seeking a 7 foot area variance of the required 10 foot separation from the primary structure to replace an existing concrete pad.
Mr. Darrow: Chair has a motion, do we have a second?
Ms. Brower: I will second that.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Ms. Brower
Mr. Westlake
Mr. Bartolotta
Mr. Darrow
Mr. Darrow: Sir, your application has been approved. See the Code Enforcement Office for your permit.
Thank you.
Mr. Williams: Thank you.
ZONING BOARD OF APPEALS
MONDAY, JULY 24, 2006
66 Standart Avenue, R1 zoning district, Alisa Estrada and Kevin Lawton, applicants. Area variances for pool and fence in front yard. Variances for distance to property lines and fence height.
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Mr. Darrow: 66 Standard Avenue, are you here? Please give your name and address for record and tell the board what you would like to do.
Ms. Estrada: Alisa Estrada, 66 Standart Avenue.
Mr. Lawton: Kevin Lawton, 66 Standart Avenue.
Ms. Estrada: We live on a corner lot and we would like to along Standart Avenue side 6 foot high fence and Harnden Street side a 6 foot fence and then also on Harnden Street side a 4 foot fence. We want to go the same distance as our neighbor’s to where their’ end because we are too close to the road right of way. We also would like to have an ok for our pool. It is 7 feet 6 inches away from the neighbor’s fence. If I can also say when I bought the house a year ago, I didn’t know that corner lots you have two fronts to your house.
Mr. Darrow: I understand completely, I have a corner house.
Ms. Estrada: It upset me, I didn’t know.
Mr. Darrow: As far as the pool goes, the board is required to give the least variance necessary. You do have the ability of moving the pool closer 2 ½ foot and then you would not need the variance, you are aware of that?
Ms. Estrada: Yes. The problem is it is my error, I told them where to start, we didn’t want to go through re-digging. We are going to move it anyway, but since we were coming for a variance, why not try for the pool too.
Mr. Darrow: As far as the fence, you had said 6-foot fence on the Standart Avenue side. I am not seeing anything to that in the drawing or was that cut off when it was copied.
Mr. Lawton: If you look at the sketch on the left hand side across the top would be 6 feet and then where Harnden is on the right hand side of the page would be 4 feet, 8 foot gate comes back to the house.
Mr. Darrow: So when you say the Standart Avenue side you are talking about the 6 foot fence that would actually be perpendicular to Standart Avenue.
Mr. Lawton: Correct.
Mr. Darrow: Ok and then there is that short piece which might be 3 – 4 foot which will actually parallel it coming into your patio.
Mr. Lawton: That would also be 6 feet back to the house from Standart Avenue.
Mr. Darrow: Ok. Please explain the fence part for Harnden Street.
Mr. Lawton: On Harnden Street where it shows where the gate is from the patio and parallel to Harnden it is going to be 4 feet.
Mr. Darrow: All 4 foot?
Mr. Lawton: All 4 foot then it transitions to 6 feet.
Ms. Marteney: And in the back how tall is that?
Mr. Lawton: Six feet.
Ms. Marteney: To the south.
Mr. Darrow: Question for counsel, we are looking at 3 separate variances here, the pool, the fence for Harnden Street and then the fence for Standart Avenue, is that correct?
Mr. Hicks: The fence he has depicted on his drawing show a fence 5 feet along the north and south along Harnden and adjoining property line. There is a short section because he has a narrow lot that runs east and west along the adjoining property line to the rear. The fence is not really an issue.
Mr. Baroody: With the fence there is no sidewalk here, can they have a 4-foot wooden fence
Mr. Hicks: You can’t have a 6 foot high privacy fence in the front yard they are only allowed 4 foot so they are going to have to come back 12 ½ feet from the City’s right of way. The dimension that they are showing here is 8 foot and then 10 foot to the centerline of the road.
Mr. Baroody: So you are saying from the 8-foot marker that is where the 4-foot privacy fence would start?
Mr. Hicks: That is what they are showing but need 12 ½ feet half of required front yard. A variance of the 82 feet of 4 foot high you can only go 4 foot high privacy along Harnden, 6 in the other location.
Ms. Marteney: They are going to put a 4 foot fence next to their neighbor on Harnden Street? There is a chain link fence there now
Ms. Estrada: That would be 6 foot
Ms. Marteney: The driveway is right there that is the problem.
Mr. Baroody: The driveway is 2 feet away from the fence.
Ms. Marteney: How far back from that point on Harnden is the 8-foot?
Mr. Hicks: On the Harnden Street side they need to run back 12 ½ feet from the City’s right of way before they can start a 6 foot high fence.
Mr. Baroody: So 10 plus 8 plus 12 ½?
Mr. Hicks: They put in a total of 18 feet the thing is they are showing the center line of road, we do not measure right of ways of 12 ½ feet from the center line of the road.
Mr. Baroody: Are you saying the City’s right of way is 12 ½ feet from the center of the road?
Mr. Hicks: Harnden has very specific situation. The best we can do is go from the centerline of the pavement, they are only showing a 20-foot wide road, the road is wider than that.
Ms. Estrada: Lane measured it 20 feet that is what they told us.
Mr. Hicks: The City roads are 49.5 feet whether they are paved 49.5 feet or not. You have a measurement of 20 feet, we did the calculations after lane showed us and that is what we determined what the dimensions were that is why I put the specific dimensions in for your required variance. It may not line up with what you thought. But the dimensions that we have on the application here are the accurate ones that you have to work from.
Mr. Baroody: Need 10’ 10” variance on Harnden Street and 2’6” rear yard.
Mr. Darrow: They got an 82-foot variance for 4-foot high privacy fence along Harnden. Any other questions from the board?
Ms. Brower: You are saying 4 foot privacy fence along Harnden, when is it 6 again?
Mr. Westlake: Six across the back.
Ms. Brower: What does your neighbor think about this?
Ms. Estrada: On Standart Avenue side they think it is wonderful. Our other neighbors are here. She lives along, her son is here.
Mr. Darrow: Any other questions from the board? You may be seated. Is there any body to speak for or against this application? Please approach. Please give your name and address for the record.
Mr. Bily: My name is Michael Bily and we on the property at 8 Harnden Street. My mother lives at this house. Currently they are in violation of their shed being too close to the property line
Mr. Darrow: Sir, that is something you need to bring to Code Enforcement and Code Enforcement would take it from there.
Mr. Bily: OK. I am not sure, I am not there all the time, my Mother lives there
Mr. Darrow: I understand, we need to address what the public hearing is for.
Mr. Bily: I am not going to sign a variance that they will be allowed to put the pool any closer to my Mother’s property than is allowed by law. My Mother has flowers along her fence any splashing from the chlorine will destroy those flowers. On top of that they have young children who will be knocking balls over into my Mother’s yard all the time from where that location of the pool is, it is going to create a nuisance for my Mother and for them if the ball goes into the road. From my understanding from what I am hearing here they are putting in a 6 foot fence across the back side which is where my driveway is, I will not be able to see the road backing out of my driveway, that is a hazard and will also
detract from the sale of the home. I am also not too crazy about the 4-foot fence along the other side then I can’t see any of the road until I get way down to the end of the driveway. It does create a problem for us at that location.
Mr. Darrow: Anything else sir?
Mr. Bily: No.
Mr. Darrow: Thank you very much.
Is there anyone else to speak for or against this application? Would the applicants like rebuttal?
Ms. Estrada: Yes.
Mr. Darrow: Please state your name for the record.
Ms. Estrada: Alisa Estrada. I have an issue with the 4-foot and 6 foot, we could easily make the other side 4 foot. We are just trying to do this so it looks nice from the outside, it is PVC white would look beautiful from both sides. As a matter of fact when I was doing this I went over to them and I actually gave her some of the flowers from my side because they were all the flowers are going crazy around the yard. As far as the 7-½ foot is 2 ½ feet really going to make a difference with a ball, I understand, I am doing a rebuttal. My kids are very well behaved.
Mr. Darrow: You must understand also these variances if in one month, one decade or twenty years you decide to sell the property, they all go with the property and what ever decision we make this evening they may have to suffer through or not with the next owners, so we have to look long term as well.
Ms. Estrada: This is the first time I have ever done this, then why is it ok for shrubs and bushes to be wild things, I don’t understand because her things are crazy all over the place.
Mr. Darrow: I think the easiest way to describe it is living plants and that unless they are obstructing views or are in clear sight triangles are not completely governed by zoning but to be completely addressed on that is something you need to check with Code Enforcement.
Ms. Estrada: OK.
Mr. Darrow: Ok, you may be seated.
Mr. Westlake: What would they have to do to make this so they don’t need a variance at all, move the pool?
Mr. Darrow: Just move the pool 2 ½ more feet to the north and the pool variance would go away, because there is enough room for that. It is just that it was dug obviously I would have to say without a permit being pulled
Ms. Estrada: No, there was a permit.
Mr. Darrow: Please come up. When you pulled the permit, did you submit a drawing showing the property lines?
Ms. Estrada: I did it, I should have sent him.
Mr. Darrow: Ok thank you. The permit was pulled it showed 10 foot dug 7 feet 6 inches.
Mr. Westlake: Brian, what is the Code if they put a chain link fence all the way around would that be perfectly legal?
Ms. Marteney: It is a front yard.
Mr. Hicks: Chain line in the front yard is 4 feet high, but the Chair has mentioned about the pool variance, it is a 40 foot wide lot required on the Harnden Street side to 12 ½ feet of front yard, take that away from 40, then you have 18 foot wide pool, take that away and you are still going to be looking for a variance to place this.
Mr. Darrow: That would be strictly a west yard variance instead of a west and south yard variance.
Mr. Hicks: That is correct, but still looking at variances
Mr. Darrow: I missed the west side variance.
Mr. Baroody: I can understand why they placed
Mr. Darrow: Oh, absolutely, it is a small, it is a tight lot.
Mr. Hicks: It is a non-conforming lot.
Mr. Darrow: Any other questions or discussion? We are going to have to do when motions come, I am going to need them one at a time for each.
Mr. Westlake: This is very difficult because it is a corner lot so you do have two front yards that is the hard part.
Mr. Darrow: As far as the pool, I can understand the neighbor’s concern for any nuisance as far as the south variance goes. As Mr. Hicks stated the west side variance that is basically, it is what it is because of the width of the lot, pre-existing non-conforming lot, so there is not much that can be done with that.
Mr. Baroody: I don’t have a problem with the pool, the solid fence, 40 feet
Mr. Westlake: The application says 2’ 6” from the rear, now if they want to rescind that.
Mr. Darrow: What we probably should do because their 3 or 4 attached here, we should do one at a time, discuss that one, then move on to the next. So would it be the board’s wish that I recall and see if they would like to withdraw their variance for south variance for the pool and then we can just vote on the west side variance?
Mr. Westlake: The west side variance doesn’t even come in here.
Mr. Darrow: We have 8’ 6” and because that is considered front yard it requires 12’5” Brian?
Mr. Hicks: 12’ 5” for the front yard.
Mr. Darrow: They are still going to need 3’ 5” for west yard variance for the pool. Am I correct Brian that that will solve any variances needed for the pool, so that would conform.
Ms. Marteney: Still on the south
Mr. Darrow: I am going to see if they wish to withdraw that one and move it 10 feet from the south side so we are only voting on the west side variance.
Mr. Baroody: Move everything 2 ½ feet?
Ms. Marteney: Move 2 ½ feet closer to the house.
Mr. Darrow: Yes. Could the applicants please re-approach? In hearing our discussion you probably learned that it is in your best interest to move the pool so it is 10 foot from your south property line and then just proceed with the west side yard variance for the pool. Is that what you wish to do?
Ms. Estrada: Yes, that is fine.
Mr. Darrow: Ok, thank you. You may be seated.
Mr. Westlake: The second variance it says a 10’ 10” side yard variance on Harnden Street side.
Mr. Darrow: Let’s have a motion on the pool and then we will move to the second one. We still need the 3-½ foot west side yard variance in the City right of way for the pool.
Mr. Westlake: What are we asking for the side yard variance?
Mr. Darrow: 3 ½ foot west side yard variance for the pool from the City’s right of way.
Ms. Marteney: Front yard
Mr. Darrow: That is what I am saying west side, the west side of the property
Mr. Westlake: That is not on the application, we are going to make it.
I would like to make a motion that we grant
Ms. Marteney: It is more than that, they did not calculate that right so it is different on the application.
Mr. Darrow: Mr. Hicks told me that it was based on 12’ 5” and 3’5” is what we needed, is that correct Mr. Hicks?
Mr. Hicks: The application here we showing a 10’ 10” side yard variance
Ms. Marteney: For the pool, so it is not what you are saying.
Mr. Darrow: 10 foot 5 inches
Ms. Marteney: 10 foot 10 inches
Mr. Baroody: Eliminate number one
Mr. Westlake: Yes and start with number two.
Ms. Marteney: The measurements that they used is not the right measurement 8’ 6” isn’t the right measurement because the property line is not where they think it is.
Mr. Darrow: Number 2, the side yard variance of 10 foot 10 inch is for the pool. We will start with that one.
Mr. Westlake: I would like to make a motion that we grant Alisa Estrada and Kevin Lawton of 66 Standart Avenue a 10 foot 10 inch side yard variance on the Harnden Street side front yard variance for the purpose of installing a pool.
Ms. Brower: I’ll second that.
Mr. Darrow: We have a motion and second. Roll call.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Ms. Brower
Mr. Westlake
Mr. Bartolotta
Mr. Darrow
Mr. Darrow: Now on to the next variance, which would be
Mr. Westlake: I would like to make a motion that we grant Alisa Estrada and Kevin Lawton of 66 Standart Avenue a variance for a 82 foot of a 4 foot high privacy fence along the street frontage on Harnden Street side.
Mr. Darrow: We have a motion on the floor, a second?
Mr. Baroody: I will second that.
Mr. Darrow: Is there any other discussion on this? Are we all set to vote? Roll call.
VOTING IN FAVOR: Ms. Marteney
Mr. Bartolotta
VOTING AGAINST: Mr. Baroody
Ms. Brower
Mr. Westlake
Mr. Darrow
Mr. Darrow: Your variance for the pool has been approved with you pulling it from your south property line so that there is 10 foot so you have to have it re-dug. Your variance for the fence on Harnden for 4-foot solid vinyl has been denied. OK? Thank you.
Ms. Estrada: Thank you.
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