ZONING BOARD OF APPEALS
MONDAY, MAY 23, 2011
Members Present: Ms. Marteney, Mr. Baroody, Mr. Darrow, Ms. Calarco, Mr. Kilmer and Mr. Westlake
Member Absent: Mr. Tamburrino
Staff Present: Mr. Hicks and Ms. Jensen
Staff Absent: Mr. Fusco
APPLICATION APPROVED: 112 Swift Street, 110 Clymer Street, 25 Hockeborne Avenue, 10 Fitch Avenue, 53 Hamilton Avenue
Mr. Westlake: Good evening, ladies and gentlemen, this is the Zoning Board of Appeals. Tonight we have the following item: 112 Swift Street, 110 Clymer Street, 25 Hockeborne Avenue, 10 Fitch Avenue, 53 Hamilton Avenue
If there are no errors, omissions or additions to last month’s minutes of the meeting, the minutes will stand as written.
Thank you.
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112 Swift Street. Area variance for addition. Applicant, Shawn McNabb.
Mr. Westlake: 112 Swift Street. Please come to the podium, state your name and tell us what you would like to do. Did you come up with something different than last month?
Mr. McNabb: I did.
Mr. Westlake: Ok.
Mr. McNabb: As you see the change from last month is I went got some accurate measurements from the southeast corner of my home.
Ms. Marteney: I don’t have a packet.
Mr. Westlake: There is no new packet this was on last month.
Mr. McNabb: You should have it I made 10 copies.
Mr. Westlake: You made 10 copies and gave them to Brian?
Mr. McNabb: I did.
Mr. Westlake: Let’s wait for Brian. We will hold this item.
Mr. McNabb: Ok.
Mr. Westlake: Thank you very much I appreciate that.
Brian, Mr. McNabb from 112 Swift Street said he delivered to you copies of his new packet.
Mr. Hicks: It did come in late I have to make copies.
Mr. Westlake: We will wait until the end to do this item.
Mr. Hicks: A couple of changes.
Mr. Baroody: Did you put a drawing with this?
Mr. McNabb: I did.
Mr. Hicks: Does anyone need to see last month’s application if you don’t have it with you?
Mr. Westlake: I have mine.
Ms. Calarco: Three feet more than last time.
Mr. McNabb: Last time when I was here we discussed this and there was a pipe in the southeast corner of the property that I had a hard time locating to get an accurate measurement and I finally located it and it is so far into my neighbor’s yard and I had no clue that I owned that as part of my lot. So now I do accurate measurement and that would be 15 feet 2 inches from the corner.
Mr. Darrow: So you are going to maintain 3 foot from the two property lines but you still need a rear yard setback of 22 feet am I correct because it was 25 feet before and now you are 3 foot from your property line.
Mr. McNabb: Yes because I didn’t locate that I was going off the other
Mr. Darrow: You gained property.
Mr. McNabb: I did quite a bit. So I was able to sacrifice the 3 feet easily.
Mr. Darrow: Four-foot side yard setback.
Mr. Westlake: If you got a different surveyor it might not be there.
Mr. Darrow: I realize that but I personally I can’t speak for the other board members but I personally can live with 3 foot on this small piece of property where I couldn’t live with on the property line. It is a tiny tiny lot.
Mr. Kilmer: Last time you had some concerns about construction
Mr. Baroody: Right on the property line is impossible to do you couldn’t do it without trespassing.
Mr. McNabb: I do have some supporting letters from the neighbors also, I did have one but the other on the south side of me and also on the east side of me has expressed support.
Mr. Westlake: The person behind you on Swift Street do you have a letter from them?
Mr. McNabb: Yes that is the same owner.
Mr. Kilmer: Is that Brandon Grillo?
Mr. McNabb: Yes.
Ms. Marteney: That is in the packet now.
Ms. Calarco: I think he has met giving some space and the lot is extremely tiny.
Ms. Marteney: What is this going to be (pointing to sketch)?
Mr. McNabb: A family room. I plan on putting some sliding glass doors and put my grill out there and have a small patio so I can get my grill off my front porch.
Ms. Calarco: It will be on this side right here (points to sketch)?
Mr. McNabb: Yes I want to put a 7 x 10 shed in there
Mr. Baroody: Between the addition and the shed?
Mr. McNabb: Yes back in there. This is what I came up with that I can live with and be able to enjoy it.
Ms. Calarco: I appreciate it not being on the property line.
Mr. Westlake: Is there anyone wishing to speak for or against the application? Seeing none we will close the public portion and discuss amongst ourselves and give you a decision in a few minutes.
Mr. Darrow: Better that it is not on the property line. Is there any other discussion?
I would like to make a motion that we grant Shawn McNabb of 112 Swift Street a 22 foot rear yard area variance and a 4 foot side yard area setback on the west side of the property for the purpose of constructing a 15 x 12 addition to the back of the property as submitted in the revised plot plan.
Mr. Kilmer: I second that motion.
Mr. Hicks: Mr. Chair if I may interrupt. There are 2 other area variances that go along with this I had to change the calculations the 4 foot side setback to the west of the required is correct, the 22 feet from the rear yard is correct but instead of being 110 square feet of the required 250 square feet of usable space is now 95 square feet and will stay with the 4.2% of the allowed lot coverage.
Mr. Darrow: May the motion be amended to also show a 95 square foot of the required 250 square foot of usable space and an area of 4.2% of the allowed lot coverage at 35%.
Mr. Kilmer: I second the motion.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Mr. Darrow, Ms. Calarco, Mr. Kilmer
VOTING AGAINST: Mr. Westlake – I couldn’t pass this without a more updated survey that proves to me that the property is actually what he says it is so I have to vote no.
Mr. Westlake: Your application has been approved. Good luck with your project.
Mr. McNabb: Thank you.
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110 Clymer Street. Area variance for storage shed. Applicants: Robert and Toni Considine.
Mr. Westlake: 110 Clymer Street. Please come to the podium, state your name and tell us what you would like to do.
Mr. Considine: My name is Bob Considine and we would like to put a new storage shed up out back on my property it will be 14 x 28.
Mr. Westlake: Reason you couldn’t is you already have one. Any questions from the board?
Ms. Calarco: You are removing the old shed and putting a new one up or an additional one?
Mr. Considine: I am not sure which was I was going to go now I am thinking about taking the old one down first. What is the problem with having 2 of them?
Mr. Westlake: You can only have one accessory structure on your property.
Mr. Considine: All right. I will take the old one down it was questionable any way on my part.
Ms. Calarco: If he is taking the old one down does he need a variance?
Mr. Baroody: The size, it is 14 x 28.
Mr. Darrow: 392 square foot you are allowed 150 square foot.
Mr. Considine: I will put it in the same spot as the old one.
Mr. Westlake: Is there anyone wishing to speak for or against the application? Seeing none we will close the public portion and discuss amongst ourselves and give you a decision in a few minutes.
Mr. Considine: Ok thank you.
Mr. Darrow: I don’t see a problem.
Ms. Calarco: I don’t see a problem he is taking the old one down and putting up a new one in the same area.
Mr. Darrow: I would like to make a motion that we grant a area variance of 142 square feet to Robert Considine of 110 Clymer Street for the purpose of constructing a 14 x 28 foot storage shed conditioned upon the removal of the old storage shed within ten (10) days of construction of the new shed.
Mr. Baroody: I’ll second that motion.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Mr. Darrow, Ms. Calarco, Mr. Kilmer, Mr. Westlake
Mr. Westlake: Your application has been approved. Good luck with your project. See Brian in the morning.
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25 Hockeborne Avenue. Area variances for front yard parking. Applicant: Michael McLoughlin
Mr. Westlake: 25 Hockeborne Avenue. Please come to the podium, state your name and tell us what you would like to do.
Mr. McLoughlin: Michael McLoughlin and I would like to add a paved driveway 20 x 25 on the front yard for getting cars off the street.
Ms. Calarco: Are you already parking there in a non-paved area?
Mr. McLoughlin: Yes.
Ms. Calarco: Ok. Looking to pave the area that you are already in?
Mr. McLoughlin: Yes.
Mr. Baroody: Are you going to move the motorcycle too off the sidewalk?
Mr. McLoughlin: That is usually in the garage.
Mr. Westlake: Any other questions from the board?
Is there anyone wishing to speak for or against the application? Seeing none we will close the public portion and discuss amongst ourselves and give you a decision in a few minutes.
Mr. McLoughlin: Thank you.
Ms. Calarco: It is really not directly in front of the house it is offset there is parking there any way.
Mr. Baroody: It is a huge lot and it is a dead end street.
Ms. Calarco: Exactly. It will get cars off the street, which will make it easier.
Mr. Westlake: For snow plowing and stuff like that.
Ms. Marteney: It is a narrow street I don’t like front yard parking
Ms. Calarco: I don’t like it either but it is offset it is not right smack dab in the front of the house. I don’t look at it any different than if you had a driveway going down the other side.
Mr. Baroody: We will see a lot more of these since the City came out with the alternate side parking all year.
Mr. Westlake: That is why we do each one as an individual case we don’t have a blanket.
Ms. Calarco: I don’t see this as being right in front of the house it is offset.
Ms. Marteney: And there is plenty of room.
Ms. Calarco: Don’t see it any different as another driveway going out to a garage in the back behind the house.
Mr. Darrow: If the front of the garage was even with the front of the house if there was a garage or a carport there it would be considered front yard parking. I think of it as in front of the house when it deters and detracts.
Mr. Westlake: Do I hear a motion?
Ms. Calarco: I make a motion that we grant Michael McLoughlin of 25 Hockeborne Avenue an area variance for front yard parking and a variance of 10 foot combined driveway and parking area width 20 foot maximum allowed.
Mr. Kilmer: I second that motion.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Mr. Darrow, Ms. Calarco, Mr. Kilmer, Mr. Westlake
Mr. Westlake: Your application has been approved. Good luck with your project. See Brian in the morning.
Mr. McLoughlin: Thank you.
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10 Fitch Avenue. Area variance to expand existing driveway and front yard parking. Applicants: Rodney and Cheryl Barber.
Mr. Westlake: 10 Fitch Avenue. Please come to the podium, state your name and tell us what you would like to do.
Mrs. Barber: We are Rodney and Cheryl Barber, 10 Fitch Avenue, we own the Bed and Breakfast and we would like a variance to widen the center of the drive in front of the house for parking for 3 vehicles for the guest rooms and for vehicles to pass one another. Right now our guests are parking in our flowerbeds and on our grass, which is causing a problem because the grass is no longer growing in that area. The driveway is not being widen at either end just in the center. It will not change the way the driveway looks from the street.
Mr. Darrow: When you say 2 feet is that from here to here (points to sketch)?
Mrs. Barber: Yes from the doted line.
Mr. Westlake: You have it excavated out right now.
Mrs. Barber: Yes.
Mr. Westlake: Any more questions from the board?
Ms. Marteney: Plus it will keep people off the street, which will make it easier for your guests.
Mrs. Barber: There was a concern for emergency vehicles if they ever had to come in there they could drive on the lawn but we rather they didn’t do that.
Mr. Darrow: I have a question of Brian. Being it is close to South Street did they have to go before the Preservation Committee or no?
Mr. Kilmer: I think it goes to Fitch Avenue to a certain degree. How far does the historical district go up Fitch?
Mr. Hicks: I am not sure of the property that ends the historical district but I think it is more for structural.
Mr. Darrow: No landscaping.
Mr. Hicks: This is a zoning issue with front yard parking enlarging what is existing.
Mr. Kilmer: Do you folks know if you are in the historical district?
Mrs. Barber: We have been told that we are.
Mr. Darrow: You are in Dr. Buttarazzi’s old house?
Mrs. Barber: Yes we are.
Mr. Westlake: Is there anyone wishing to speak for or against the application? Seeing none we will close the public portion and discuss amongst ourselves and give you a decision in a few minutes.
Mr. Darrow: I think it is very minimal.
Mr. Westlake: I do too.
Ms. Calarco: I don’t think you can even see the change.
Mr. Kilmer: Going to put blacktop where the dirt is now.
Mr. Darrow: I would like to make a motion that we grant Rodney and Cheryl Barber of 10 Fitch Avenue a area variance of 2 foot for the purpose of widening their half circle front entrance driveway as submitted in the plot plan.
Mr. Baroody: I second that motion.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Mr. Darrow, Ms. Calarco, Mr. Kilmer, Mr. Westlake
Mr. Westlake: Your application has been approved. Good luck with your project.
Mr. Barber: When can we call the contractor to come in.
Mr. Westlake: Contact Mr. Hicks in the morning I am sure he will be happy to accommodate you.
Mr. Barber: Thank you.
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53 Hamilton Avenue. Area variances for above ground pool. Applicants: Michelle and Michael Sullivan.
Mr. Westlake: 53 Hamilton Avenue. Please come to the podium, state your name and tell us what you would like to do.
Mr. Sullivan: Hi I am Michael Sullivan and my wife Michelle. We are looking to put in an above ground pool to replace our above ground pool and add 6 feet to our existing deck. Same exact size pool that we currently have.
Ms. Marteney: Where you have the string is where you want to put it?
Mr. Sullivan: Yes that is where it has been.
Ms. Marteney: You let your neighbors come and use your pool I see. (Everyone laughs)
Mr. Sullivan: We do.
Mr. Darrow: The deck doesn’t have a setback does it Brian just the pool does?
Mr. Hicks: The deck does an accessory structure 3 and 4 feet making the required 25 feet rear yard and you are allowed projection into the rear yard by 10 feet. That location is what is existing versus what is proposed.
Mr. Darrow: Thank you.
Mr. Westlake: Any more questions from the board? Is there anyone wishing to speak for or against the application? Seeing none we will close the public portion and discuss amongst ourselves and give you a decision in a few minutes.
Mr. Darrow: Nice packet.
Mr. Westlake: I don’t see a problem. The house is very nicely kept.
Ms. Marteney: It is in the back you don’t see it from the street.
Mr. Westlake: Do I hear a motion?
Mr. Baroody: I would like to make a motion that we grant Michelle and Michael Sullivan of 53 Hamilton Avenue an area variance of 7 feet of the required 10 feet from the house and an area variance of 6 feet of the required 10 feet from the rear property line to install an above ground pool.
Ms. Calarco: I second that motion.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Mr. Darrow, Ms. Calarco, Mr. Kilmer, Mr. Westlake
Mr. Westlake: Your application has been approved. Good luck with your project.
Mr. Sullivan: Thank you.
Ms. Marteney: You had a real nice packet.
Mr. Sullivan: Thank you.
Mr. Westlake: Back to Swift Street.
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