TOWN OF GOSHEN
ZONING BOARD OF APPEALS
REGULAR MEETING MINUTES
THURSDAY, JULY 15, 2010
PRESENT: Chairperson Gail Lavoie, Amanda Cannon, Jeff Johnson, Daniel Kobylenski, Donald Moore; Alternate Bernie Harrington; Martin Connor, AICP, Town Planner/ZEO.
ABSENT: Alternate Chris Sanders.
1. CALL TO ORDER:
Ms. Lavoie called the meeting to order at 7:30PM. All regular members were present and seated for the meeting.
2. PUBLIC HEARINGS:
A. Craig Bothroyd for George Fraise, 345 West Hyerdale Drive, 64-Foot Shoreline Setback Variance and 17.9-Foot Side Yard Setback Variance from Section 302.4 for a stone BBQ structure.
Mr. Bothroyd submitted proof of notice to abutting neighbors. Ms. Lavoie verified that all Board members had visited the site of the requested variance. Ms. Lavoie then reviewed the Notice of Public Hearing that had appeared in The Register Citizen on July 1 and July 8, 2010.
Ms. Cannon asked for clarification regarding the Town’s shoreline setback requirements versus those of the Woodridge Lake Property Owners Association. Mr. Johnson inquired about the Fraise’s patio, and Mr. Connor informed him that that had been permitted by the Inland Wetlands Commission. Mr. Bothroyd submitted to the Commission a letter from abutting neighbor Elizabeth Marx which stated that she did not have any issues with the BBQ. Mr. Connor then read into the record a letter from the Woodridge Lake Property Owners Association which requested that the Board not grant the requested variance. He then reviewed with the Board the Notices of Violation currently on the record regarding this issue. The Board then discussed the definition of a “structure” in the Town Zoning Regulations.
Mr. Johnson inquired as to the hardship in this matter, and Mr. Bothroyd explained that the location chosen for the BBQ was the only flat area in the back yard. He stated that he had obtained wetlands permits, but was unaware he would need a variance. The Board then discussed whether any other residents around Woodridge Lake had similar BBQ structures. Mr. Connor stated that he had never in his time with the Town issued a zoning permit for a BBQ structure, and that any present around the lake were very likely pre-existing nonconforming structures.
Hearing no further questions, Ms. Lavoie opened the floor to public comment. No one present in the audience expressed a desire to speak.
MOTION Mr. Johnson, second Mr. Kobylenski, to close the Public Hearing in the matter of Craig Bothroyd for George Fraise, 345 West Hyerdale Drive, 64-Foot Shoreline Setback Variance and 17.9-Foot Side Yard Setback Variance from Section 302.4 for a stone BBQ structure; unanimously approved.
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3. OLD BUSINESS:
A. Craig Bothroyd for George Fraise, 345 West Hyerdale Drive, 64-Foot Shoreline Setback Variance and 17.9-Foot Side Yard Setback Variance from Section 302.4 for a stone BBQ structure.
MOTION Mr. Johnson, second Ms. Cannon, to grant the requested variances in the matter of Craig Bothroyd for George Fraise, 345 West Hyerdale Drive, 64-Foot Shoreline Setback Variance and 17.9-Foot Side Yard Setback Variance from Section 302.4 for a stone BBQ structure.
ZBA 071510
The Board then discussed the motion on the floor. Several members of the Board noted that there did not appear to be an undue hardship necessitating this variance. Mr. Connor stated that, in his opinion, the application did not meet any of the variance requirements in the Zoning Regulations Section 723 Variances and noted that the Town had considered it a priority to ensure the water quality of Woodridge Lake.
The Board then voted on the motion on the floor.
IN FAVOR: None.
OPPOSED: Ms. Lavoie, Ms. Cannon, Mr. Johnson, Mr. Kobylenski, and Mr. Moore.
ABSTAINING: None.
The motion failed as the Commission found there was no undue hardship created by strict adherence to the Zoning Regulations.
4. NEW BUSINESS:
No business was discussed.
5. READING OF THE MINUTES:
MOTION Ms. Cannon, second Mr. Johnson, to approve the minutes of the June 17, 2010 regular meeting as written; unanimously approved.
6. CORRESPONDENCE:
The Board reviewed the Summer 2010 issue of the Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter.
7. ADJOURN:
MOTION Mr. Johnson, second Mr. Kobylenski, to adjourn at 8:05PM; unanimously approved.
Respectfully submitted,
Stacey M. Sefcik
Commission Clerk
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