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ZBA 11-1-01

MEMBERS PRESENT:        Chairperson Marjorie Anthony, Robert Warren, Joel Nadel and Joe Carino

ALTERNATES PRESENT:     Sandy Jeski sitting for Steve Wagner

Chairperson Anthony called the meeting to order at 7:30 p.m.  The Recording Secretary read the legal notice as published in the newspaper.

Appl. #2513-01 - Brian Ficaro, request for a 2.5
Mr. Brian Ficaro, Jr. came before the Board to represent this application.  He explained that they are requesting a 2.5' variance.  When constructing the addition, the Zoning Enforcement Officer came out and according to his measurements, the addition is 2.5' over the building line.

No one from the public spoke in favor or opposition to this appeal.

Commissioner Nadel expressed concerns of no evidence that has been presented which indicates a variance is necessary.

Michele Lipe, Assistant Director of Planning explained that the plans submitted did not illustrate the construction is over the building line, but the plans were not prepared by a surveyor and therefore the accuracy of the measurements are in question.  The Zoning Environment Officer went out and according to his measurements, a 2.5' variance is necessary.

Answering questions from the Board, Mr. Ficaro explained that the addition presently exists.  In front of the existing carport there has been a garage added, and a porch on the front of the house.

With no further questions, the public participation portion of this appeal closed at 7:45 p.m.

Appl. #2515-01 - Steve and Laura Gordon, request for two front yard variances to section 10.2:  1) an 11' variance to allow a proposed addition 29' from the property line; and 2) a 25' variance to allow a proposed addition 15' from the property line at 661 Graham Road,A-20 zone.

Mrs. Laura Gordon came to represent this application.  She explained that she is applying for two variances.  The house sits at a strange angle to Graham Road with the house facing an area that had been a proposed road, but was never constructed.  Consequently to the road never being constructed, the lot is still conceived as a corner lot and requires two (2) 40
No one from the public spoke in favor or opposition to this appeal.

Answering questions from the Board, Mrs. Gordon explained that the house was purchased in 1993.  The proposed breezeway will create a front entrance that people will be able to see and also will eliminate fumes from coming directly into the house from the garage.  If they were to attempt to construct an addition on the opposite side of the house, a wetlands permit would be necessary.  

With no further questions, the public participation portion of this appeal closed at 8:00 p.m.

Appl. #2516-01 - Karen Pare Strauch, request for a 2
Ms. Karen Strauch came before the Board to represent this application.  She explained that she would like to request a 2' variance in order to allow a 15' x 6 ½' porch to be constructed on the front of her home.  Adjacent neighbors were told of this proposal and nobody seems to have any objections.

No one from the public spoke in favor or opposition to this appeal.

Answering questions from the Board, Ms. Strauch explained that the stakes near her house were placed there by a surveyor.  Apparently they are trying to divert the direction of water runoff.  Ms. Strauch said that as far as she knew, there are no future plans to widen the road.

With no further questions, the public participation portion of this appeal closed at 8:05 p.m.

Appl. #2517-01 - Dom & Marge Piccini, request for two front yard variances to section 10.2:  1) an 8'  variance to allow a garage to be 32' from the property line; and 2) a 6' variance to allow a porch t be 34' from the property line at 301 Abbe Road Extension, AA-30 zone.

Mr. Dom Piccini came before the Commission to represent this application.  He explained that he is requesting two variances in order to construct a second garage, a mudroom and a front porch.  The residence is on the corer of Lake Street and Abbe Road Extension, creating a corner lot, which requires two front yards of 40'.  The lot is pie shaped and the house is constructed over to the right hand side of the property.  Since the plot plan was done in1963, the road has been shifted.

Mr. Tom Desmond of 185 Lake Street came before the Board to speak in favor of this appeal.  He stated he has lived at his residence for 27 years and feels the proposed additions would upgrade the house to the rest of the neighborhood.

Mr. John Samsel of 304 Abbe Road Extension came before the Board to speak in favor of this appeal.  He told Board members that he has lived at his present home for eight years and feels the proposed addition would be an asset to the neighborhood.

No one from the public spoke in opposition to this appeal.

Answering questions from the Board, Mr. Piccini explained that he has lived in his residence since 1988.  The porch is proposed to be constructed 35' long and would wrap around the house with a covered roof.  Presently there is no entrance into the house from the garage, but by adding a mudroom onto the house, there will now be an entrance from the garage into the house.

With no further questions, the public participation portion of this appeal closed at 8:20 p.m.

DELIBERATIVE SESSION

ITEM:  Appl. #2513-01 - Brian Ficaro, 60 Benedict Drive, A-20 zone.

Commission members discussed at length the importance of having accurate information regarding the distance the addition is to the property line and felt the property should be surveyed by a licensed professional.

Motion to:      Approve appl. #2513-01 - Brian Ficaro, a 2.5' variance to section 10.2 to allow an existing deck 37.5' from the front property line at 60 Benedict Drive, A-20 zone.

Was made by Commissioner Nadel
Seconded by Commissioner Jeski

Motion to:  amend the motion to include a condition.

Was made by Commissioner Nadel
Seconded by Commissioner Jeski
The motion:  carried
The vote was as follows:  unanimous

Condition:  A Class D survey or better be produced by a licensed surveyor and placed on file with the variance form.

Hardship:  The contour of the road to the property.

ITEM:   Appl. #2515-01 - Steve and Laura Gordon, 661 Graham Road, RR zone

Commission members found no other alternatives available on this site without the need of a variance or wetlands permit.  They also noted that this lot was supposed to be a corner lot, but the proposed road had never been built.

Motion to:      Approve appl. $2515-01 - Steve and Laura Gordon, two front yard variances to section 10.2:  1) an 11' variance to allow a proposed addition 29' from the property line (40' require); and 2) a 25' variance to allow a proposed addition 15' from the property line (40' required) at 661 Graham Road, A-20 zone.

Was made by Commissioner Warren
Seconded by Commissioner Jeski
The motion:  carried
The vote was as follows:  unanimous

Hardship:  

The position of the house on the property makes it difficult to place an addition onto the house.
A road was never constructed as proposed, which imposes a corner lot effect on this house creating two (2) 40' front yards.

ITEM:  Appl. #2516-01 - Karen Pare Strauch, 995 Foster Street Extension, RR zone

Commission members felt this to be a reasonable request.

This lot has a 40' setback requirement as per subdivision map Foster Estate dated 1956.

Motion to:  Approve appl. #2516-01 - Karen Pare Strauch, a 2' variance to section 10.2 to allow a proposed porch to be 38
        Extension, RR zone.

Was made by Commissioner Nadel
Seconded by Commissioner Jeski
The motion:  carried
The vote was as follows:  unanimous

Hardship:  

The house was constructed too close to the road.


ITEM:  Appl. #2517-01 - Dom & Marge Piccini, 301 Abbe Road Extension, AA-30 zone

Commissioner Warren felt the expansion would make the home more conforming with the neighborhood and also felt it to be reasonable to have an entrance from the garage into the house.

Motion to:      Approve appl. #2517-01 - Dom & Marge Piccini, an 8' variance to section 10.2 to allow a proposed garage to be 32' from the front property line at 301 Abbe Road Extension, AA-30 zone.

Was made by Commissioner Warren
Seconded by Commissioner Nadel
The motion:  carried
The vote was as follows:        unanimous

Hardship:  

The house is positioned on a corner lot, which creates two front yard setbacks of 40'.
The proposed mudroom and garage will create a reasonable entrance into the home, presently there is no entrance from the existing garage into the house.

ITEM:  Appl. #2517-01 - Dom & Marge Piccini, 301 Abbe Road Extension, AA-30 zone

Commissioner Nadel felt there is no hardship on this request and also felt a 28
Motion to:      Approve appl. #2517-01 - Dom & Marge Piccini, a 6' variance to section 10.2 to allow a porch to be 34' from the property line at 301 Abbe Road Extension, AA-30 zone.

Was made by Commissioner Warren
Seconded by Commissioner Jeski
The motion:  carried
The vote was as follows:  4 to 1 with Commissioners Anthony, Warren, Carino and Jeski voting in favor of approval and Commissioner Nadel voting against approval        of this application.

Hardship:  The location of the house positioned on the property makes it difficult to construct an addition.

ITEM:  Old Business:

Appl. #2511-01 - Messiah Evangelical Lutheran Church, 300 Buckland Road, GD zone

Motion to:  Approve with conditions appl. #2511-01 - Messiah Evangelical Lutheran Church, a variance to section 17.8.5.c to allow a sign 54 sq. ft. and 12' in height (36 sq. ft. and 10' in height allowed) at 300 Buckland Road, GD zone.

Condition:  Sign must remain at a minimum of twenty two (22
Hardship:

Sign positioned further from the road then normally required.  A larger sign would be more visible.
Traffic travels at a faster pace, which requires a larger sign to address safety issues.

ITEM:  Minutes

Motion to:  approve the minutes of October 4, 2001

Was made by Commissioner Nadel
The motion:  carried
The vote was as follows:  unanimous

ITEM:  Adjournment

Motion to:  adjourn the meeting at 9:10 p.m.

Was made by Commissioner Carino
The motion:  carried
The vote was as follows


________________________________
Deborah W. Reid, Recording Secretary
Zoning Board of Appeals