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ZBA meeting 05/19/2008
ZONING BOARD OF APPEALS
MONDAY MAY 19, 2008      

Members Present:                Ms. Marteney
                                Mr. Baroody
                                Mr. Darrow
                                Ms. Calarco
                                Mr. Tamburrino
                                Mr. Bartolotta
                                Mr. Westlake

Staff Present:          Mr. Fucso
                                Mr. Hicks
                                                                        
APPLICATIONS
APPROVED:               27 Paul Street
                                13 Cross Street
                                32 Chase Street
                                18 Peacock Street
                                21 Hobson Street
                                138 Owasco Street
        
Mr. Westlake:   Good evening, this is the Zoning Board of Appeals.  Tonight we have on the agenda:
        
                                27 Paul Street
                                13 Cross Street
                                32 Chase Street
                                18 Peacock Street
                                21 Hobson Street
                                138 Owasco Street

Before we do that if there are no corrections, additions or deletions, the minutes stand as typed.


ZONING BOARD OF APPEALS
MONDAY, MAY 19, 2008

27 Paul Street.  R1A zoning district.  Donald and Kellee Carroll, applicants.  Area variance for four feet of the required seven feet side yard set back to erect an attached garage and mudroom.  
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Mr. Westlake:   27 Paul Street, please come to the podium, state your name and speak into the microphone as this is being recorded.  This was adjourned from last month because we did not have the meeting.

Mr. Carroll:    My name is Donald Carroll and we would like to erect an attached garage and mudroom at 27 Paul Street.

Mr. Westlake:   Any questions from the board?  Please sit down.  Is there anyone wishing to speak for or against this application?  Seeing none, we will discuss it amongst ourselves.  

Ms. Marteney:   Enough space.

Mr. Westlake:   Do I hear a motion?

Mr. Baroody:    I would like to make a motion that we grant Donald and Kellee Carroll of 27 Paul Street area variance four foot of the required seven foot side yard set back to erect an attached garage and mud room per application submitted.

Mr. Bartolotta: I’ll second that.

VOTING IN FAVOR:        Ms. Marteney
                                Mr. Baroody
                                Mr. Darrow
                                Ms. Calarco
                                Mr. Tamburrino
                                Mr. Bartolotta
                                Mr. Westlake

Mr. Westlake:   Applications has been approved.  Thank you very much for your patience.  We couldn’t do it last month; we just didn’t have enough people.




ZONING BOARD OF APPEALS
MONDAY, MAY 19, 2008

13 Cross Street. R2 zoning district.  Lisa Godfrey, applicant.  Area variance of 3 feet of the required 10 feet to both side lot lines to install an above ground pool.
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Mr. Westlake:           Please come to the podium, state your name and what you would like to do.  

Ms. Godfrey:            My name is Lisa Godfrey.  Looking to put in an above ground pool and I am here asking for a variance.

Mr. Westlake:           Ok, is there anyone here wishing to speak for or against this application?

                Could you please state your name?

Ms. Pinchak-Lucas:      I have to translate for my Dad.  My Dad owns the house at 15 Cross Street, next door.  Could you please tell me what #2 is actually stating?  

Mr. Darrow:             Number 2 on the agenda?

Ms. Pinchak-Lucas:      Area variance of 3 feet of the required 10 feet.

Mr. Westlake:           Ok, it requires 10 foot and apparently they only 7 feet, so they need a 3 foot variance.  

Mr. Baroody:            Here are the plans; she needs a variance of 3 feet.

Ms. Pinchak-Lucas:      So she is going to have to go into my Dad’s

Mr. Baroody:            No, no, instead of having a minimum of 10 feet, she has only 7.

Mr. Westlake:           They will not go on your Father’s property.

Ms. Pinchak-Lucas:      My Father wanted to know how far from his fence and I explained to him.

Mr. Baroody:            It is 7 feet from the fence.

Mr. Westlake:           You are speaking for then?

Ms. Pinchak-Lucas:      Yes.

Mr. Westlake:           Ok, thank you.  Is there anyone else here wishing to speak for or against?    Hearing none, we will discuss amongst ourselves.

                It is your typical lot.

Ms. Marteney:           Very narrow.

Mr. Darrow:             Very narrow and even if they dropped down to the smallest one made 15 foot round, would still require a variance.  

Mr. Tamburrino:         I wonder where the equipment will be, they are going to have a pool filter and other accessories, this shows 18 foot diameter circle.

Mr. Darrow:             They can be on either side.     

Mr. Westlake:           Do I hear a motion?

Mr. Darrow:             I make a motion that we grant Lisa Godfrey, 13 Cross Street, a 3 foot side yard property set back on the south and a 3 foot side yard property set back on the north for the purpose of erecting an 18 foot above ground swimming pool as plotted on submitted plot plan.

Ms. Calarco:            I’ll second that.

VOTING IN FAVOR:        Ms. Marteney
                                Mr. Baroody
                                Mr. Darrow
                                Ms. Calarco
                                Mr. Tamburrino
                                Mr. Bartolotta
                Mr. Westlake

Mr. Westlake:           Application has been approved.  Thank you very much.

ZONING BOARD OF APPEALS
MONDAY, MAY 19, 2008

32 Chase Street.  R1 zoning district.  Duane and Margaret Mach, applicants.  Area variance of 42 square feet to install 192 square foot shed.  Allowed size is 150 square feet.
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Mr. Westlake:           32 Chase Street.

Ms. Mach:       Good evening, my name is Peggy Mach, I reside   at 32 Chase Street and we would like to erect a little bigger shed than what the City calls for.  It would be 16 x 12 and the City’s is 15 x 10.  I do have a very large yard and both my neighbors have agreed to it.

Ms. Marteney:   In the picture that you have we can’t really tell the drawing that you did, where the shed is suppose to be, is it going to be where the shed is now?

Ms. Mach:       No on the drawing itself the shed is the larger square right here, they didn’t put the house in, 44 feet from the back of the house.  

Ms. Marteney:   It is going to be over here?

Ms. Mach:       As you are looking at the back yard it would be more to the right side.  We did not have enough footage all the way around.  

Mr. Tamburrino: It is 28.5 feet from the back of the property line here?

Ms. Mach:       Yes.

Mr. Tamburrino: And it is 44 feet from the front?

Ms. Mach:       From the front of the shed to the house.

Mr. Tamburrino: OK.

Mr. Baroody:    Very large lot.

Mr. Westlake:   Is there anyone here wishing to speak for or against this application?  

Ms. Mach:       Not that I know of, but I did bring a letter.

Mr. Westlake:   Ok, we will discuss it amongst the members.  It is a huge lot.

Mr. Darrow:     When you consider the side of her yard what she is looking for is a matter of when we met the attorneys when we were re-doing the zoning that was one of the things I brought up with them that I thought 150 square foot was too small for this day and age with what a family would have to put in it.  

Mr. Westlake:   Ok.  

Ms. Calarco:    Some properties that size building would take up the entire lot.

Mr. Darrow:     Yes it would.

Mr. Westlake:   Do I hear a motion?

Mr. Darrow:     I would like to make a motion that we grant Duane and Margaret Mach of 32 Chase Street a 42 square foot variance for the purpose of erecting a 192 square foot accessory structure as submitted on attached plot plan.

Mr. Baroody:    I’ll second that.

VOTING IN FAVOR:        Ms. Marteney
                                Mr. Baroody
                                Mr. Darrow
                                Ms. Calarco
                                Mr. Tamburrino
                                Mr. Bartolotta
                Mr. Westlake

Mr. Westlake:           Application has been approved.  Thank you very much.

Ms. Mach:               Thank you very much.

Mr. Westlake:           Enjoy your shed.
ZONING BOARD OF APPEALS
MONDAY, MAY 19, 2008

18 Peacock Street.  R1 zoning district.  Jill Oropallo, applicant.  Area variances of 2.5 feet of the required 4 feet to the rear lot line and 9 feet of the required 10 feet separation from the principal structure to install an 8 foot x 12 foot shed.
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Mr. Westlake:   18 Peacock Street.  Come to the mike and state your name.  

Mr. Ward:       James Ward, here on behalf of Jill Oropallo, 18 Peacock Street.  Looking put a 4-foot longer shed that is on the property right now, 8 x 12.  

Mr. Westlake:   Is there anyone wishing to speak for or against this application?  Hearing none we will discuss it amongst ourselves.

Ms. Marteney:   So the shed that is there now is not the shed that is going to be there?

Ms. Oropallo:   It is falling apart.

Mr. Ward:       We are going to remove the old shed.

Ms. Marteney:   Ok.  

Mr. Fusco:      The shed that is presently there is not in compliance?

Ms. Oropallo:   That was there when I purchased the house.  I didn’t know that there wasn’t a variance taken out on it.

Mr. Fusco:      The shed that is presently there is not in compliance?

Ms. Oropallo:   Correct.  
Mr. Fusco:                      The additional length comes kind of this way

Mr. Ward:                       It will come 4 feet forward towards the park.

Mr. Tamburrino:         How far is the shed from the property line?

Mr. Baroody:            Pretty close.  It is a small lot.

Mr. Hicks:                      Which dimension are you looking for?

Mr. Tamburrino:         Shed and property line.

Mr. Hicks:      It is 3 ½ feet from the rear property line and it is 1-½ feet to the east.

Mr. Fusco:      Existing shed.

Mr. Hicks:      The existing shed.

Ms. Marteney:   And there is no room at all.

Mr. Westlake:   There is no one here to speak for or against.

Ms. Calarco:    You are not changing the property dimensions as far as where you are going.

Mr. Fusco:      The extra length is coming toward Boston, is there any extra width?

Mr. Ward:       No.

Mr. Fusco:      So the dimensions that Brian just mentioned as far as where you are from the side and the back line would not change.

Mr. Ward:       Not at all.  No.

Mr. Westlake:   Any other questions from the board?  Do I hear a motion?

Mr. Baroody:    I make a motion that we Jill Oropallo of 18 Peacock Street a 2 ½ foot variance from the 4 foot to the rear property line and a 9 foot variance of the required 10 feet separation from the principal structure for the purpose of putting up a new shed per documents submitted.

Mr. Darrow:     I’ll second the motion.

VOTING IN FAVOR:        Ms. Marteney
                                Mr. Baroody
                                Mr. Darrow
                                Ms. Calarco
                                Mr. Tamburrino
                                Mr. Bartolotta
                Mr. Westlake

Mr. Westlake:           Application has been approved.  Thank you very much.

Mr. Ward:               Thank you very much.
ZONING BOARD OF APPEALS
MONDAY, MAY 19, 2008

21 Hobson Street.  R1 zoning district.  Gary Dennis, applicant.  Area variances of 10 square feet to install 160 square foot shed and to place in front and side yards.  Allowed size is 150 square feet.
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Mr. Westlake:           21 Hobson Street.  Come to the podium and speak into the microphone.

Mr. Dennis:             My name is Gary Dennis.  I would to have a 10 x 16 shed at the property at 21 Hobson Street.

Mr. Westlake:           Is there anyone here wishing to speak for or against this application?  Seeing none we will discuss it amongst ourselves.  

Mr. Darrow:             This is another one that I feel we are talking 160 square foot, 10 foot over 150 allowed, meets all other set backs, what people have this day and age to store.

Mr. Fusco:              Is 16 x 10 the general

Mr. Darrow:             They go in 2-foot intervals.  

Mr. Westlake:           He does have quite a few signatures here from his neighbors saying they have no objections.

Ms. Marteney:           This is a shed that is already on the property.  

Mr. Darrow:             I would like to make a motion that we grant Gary Dennis of 21 Hobson Street a 10 square foot variance for the purpose of erecting a 160 square foot shed of a size 10 x 16 as submitted in the plot plan.

Mr. Tamburrino:         I’ll second that.  

VOTING IN FAVOR:        Ms. Marteney
                                Mr. Baroody
                                Mr. Darrow
                                Ms. Calarco
                                Mr. Tamburrino
                                Mr. Bartolotta
                Mr. Westlake

Mr. Westlake:           Application has been approved.  Thank you very much.

ZONING BOARD OF APPEALS
MONDAY, MAY 19, 2008

138 Owasco Street.  R1 zoning district.  David Davia, applicant.  Area variance of 19 feet 3 inches of the required 25 feet to the rear lot line to install a rear addition.
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Mr. Westlake:           138 Owasco Street.  State your name and tell us what you would like to do.

Mr. Davia:              David Davia, 138 Owasco Street.  I would like to have granted a variance for a 8 x 14 shed that I started turned into an addition.

Mr. Fusco:              It was intended to be a shed and you made it into a lean to?

Mr. Davia:              No, I had a shed on there that I had torn off, taken off it got dangerous and I replaced with blocks 18 x 14 up there.  This house has been there I don’t know how long 1890 house.

Ms. Marteney:           Hard time trying to find it.

Mr. Westlake:           Is there anyone here wishing to speak for or against this application?  Seeing none, back to the board.  He does have quite a few signatures from his neighbors saying they don’t object.

Mr. Darrow:             Only problem is the rear yard set back.

                I would like to make a motion that we grant David Davia of 139 Owasco Street a 19 foot 3 inch rear yard set back variance for the purpose of his addition to the rear of the house.

Mr. Baroody:            I’ll second that.


VOTING IN FAVOR:        Ms. Marteney
                                Mr. Baroody
                                Mr. Darrow
                                Ms. Calarco
                                Mr. Tamburrino
                                Mr. Bartolotta
                Mr. Westlake

Mr. Westlake:           Enjoy your addition.

Mr. Davia:              Thank you very much, I appreciate it folks.  Good night.

                Meeting adjourned at 7:30 p.m.