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Borough of Newtown
Zoning Board of Appeals
Newtown, Connecticut
THESE MINUTES ARE SUBJECT TO APPROVAL BY THE BOROUGH ZONING BOARD OF APPEALS.
Minutes of Meeting of November 18, 2009
Minutes of the meeting of the Borough of Newtown Zoning Board of Appeals on November 18, 2009, at Borough Room, Town Hall South, 3 Main Street, Newtown. Chairman John Madzula called the meeting to order at 7:00 p.m.
Present: John Madzula, Janet Woycik, Bea Gellert, Robert Taylor and Kathy Geckle.
Absent: None.
Application B09-02: Application of Geoffrey and Sarah Middeleer for a variance to Section 5.01 of the Borough zoning regulations so as to permit a 22.1’ setback on the northerly side of the property and a 47.9’ setback on the westerly side of the property (front of house). The property is located at 7 South Main Street in a R-1 zone in the Borough of Newtown.
Chairman Madzula opened the public hearing at 7:02 p.m. He stated that the following members would be voting on this application: John Madzula, Janet Woycik, Bea Gellert, Robert Taylor and Kathy Geckle. Mrs. Gellert read the legal notice. Geoffrey Middeleer, the applicant, presented the application. He stated that 1½ years ago had an accident so they want to make modifications to their home to accommodate Sarah. He pointed to the landing and ramp and stated that they were not part of the request for a variance since it does not count towards the setback because of ADA rules and regulations. They want to add a porch and addition towards the back of their house which would include laundry room, bathroom, closet, office and bedroom - all would be accessible for Sarah. ADA regulations
state you need a 5' circle to operate a wheelchair properly in a room. Mr. Middeleer stated that their lot is trapezoidal in shape. The proposed changes to their house would be in keeping with the character of the neighborhood. He also talked about the request for the variance for the front yard setback. They plan on adding to the front of the house but not at this time but wanted to request the variance at this time along with the variance for the side yard.
Chairman Madzula stated that the variance request seemed straight forward. He also said that there was no one else at the hearing besides the applicants, therefore, there was no one to speak in favor or against the application.
Chairman Madzula closed the public hearing at 7:35 p.m.
Mrs. Gellert made a motion to approve the application of Geoffrey and Sarah Middeleer for a variance to Section 5.01 of the Borough zoning regulations so as to permit a 22.1’ setback on the northerly side of the property and a 47.9’ setback on the westerly side of the property (front of house) for property located at 7 South Main Street in a R-1 zone in the Borough of Newtown, as presented. The motion was seconded by Mrs. Woycik and the vote was unanimous (5-0). The vote was as follows:
Bea Gellert …… Yes
John Madzula …… Yes
Robert Taylor …… Yes
Janet Woycik …… Yes
Kathy Geckle ………….. Yes
Application B09-03: Application of John Costello and Tim’s Sign & Lighting for a variance to Section 6 of the Borough zoning regulations so as to permit a sign on the roof of the building. The property is located at 34 Church Hill Road in a B-½ zone in the Borough of Newtown.
Chairman Madzula opened the public hearing. Mrs. Gellert read the legal notice. The clerk, Maureen Crick Owen, read into the record a letter dated November 18, 2009 from Richard J. Frankonis, Member of Church Hill Associates of Newtown, LLC, the owner of the property, stating that they were withdrawing the application without prejudice.
Discussion took place regarding the proposed changes to Section 9.03 of the Borough zoning regulations and more specifically the section regarding "special permit". It was agreed that the commission would hold off until they got further clarification on this section.
Mrs. Gellert made a motion to accept the minutes of August 26, 2009, seconded by Mrs. Geckle and unanimously approved.
Mrs. Gellert made a motion to accept the 2010 meeting calendar, seconded by Mrs. Geckle and unanimously approved.
There being no further business to come before the meeting, the meeting was adjourned by the Chairman at 7:40 p.m.
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Bea Gellert, Secretary
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