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ZBA 8-5-2004 (special meeting)

MEMBERS PRESENT:        Chairperson Stephen Wagner, Thomas Berstene, Teri Dickey-Gaignat and Sandra Jeski

ALTERNATES PRESENT:     Ronald Banks sitting for Joel Nadel

STAFF PRESENT:   Debbie Reid, Recording Secretary

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

ITEM:  New Business

1.  Appl. #2622-04 – Paul & Lucy Prevost, request for a 5’ variance to section 10.2 to allow garage 15’ from the property line (20’ required) at 28 Dart Hill Road, A-40 zone.

Mr. Paul Prevost came before the Board.  He explained that he would like to request the ability to construct a 24’ x 26’ attached garage.  A five-foot variance is necessary which would leave the side yard with only fifteen feet.  The house is presently 912 square feet, and Mr. Prevost felt the addition of the garage and family room would bring his home into conformance with the rest of the neighborhood.

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

Answering questions from the Board, Mr. Prevost explained that the house was built in 1957.  He has owned the house for thirty-seven years.  The house is presently 42 feet from the front property line and the proposed garage would be approximately 51 feet from the front property line.  The addition and garage will both be one level.

Commission members discussed in length the issue of a nonconforming structure.  It was the Commissions feeling that a variance would be required in order to allow the applicant to extend or add onto a nonconforming structure would be necessary.

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

Appl. #2620-04 – An Huu Huynh, request for two variances to section 10.2:  1) a 35’ variance to allow a gazebo 15’ from the property line (50’ required); and 2) a 35’ variance to allow a shed 15’ from the property line (50’ required) at 22 Paper Chase, A-30 open space zone.



Mr. An Huu Huynh came before the Board to represent this application.  He explained he would like to request a 12’ x 17’ shed and a 10’ x 10’ gazebo, both being 15’ from the property line.  Mr. Huynh is presently in the process of renovating the house and he would like to clean up the yard by placing the items outside into the shed.  The hardship on the property is that the property is surrounded on three sides by the street.  Each side is required to have a 50’ setback.

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

Answering questions from the Board, Mr. Huynh explained that if the shed were placed in conformance to the regulations, it would be located in the middle of the rear yard.  There is presently a fence, which is approximately 14 feet from the property line.  The fence will stay there and the shed will be 5 to 6 feet away from the fence.  The gazebo is not necessary at this time, but the shed is necessary in order to clean up the yard.

Commission members discussed the location of the house and shed 10’ from the southerly property line.  It was decided that when the applicant goes to the Town for a building permit, the Town could review the variance request and make sure the applicant complies with other requirements.

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

DELIBERATIVE SESSION

ITEM:   Appl. #2622-04 – Paul & Lucy Prevost, 28 Dart Hill Road, A-40 zone

Commission members discussed at length the issue of nonconforming structures.  It was decided that a note would be placed on the approval acknowledging that this is an extension of a nonconforming structure.

Motion to:      approve appl. #2622-04 – Paul & Lucy Prevost, a 5’ variance to section 10.2 to allow a garage 15’ from the property line, at 28 Dart Hill Road, A-40 zone.

Was made by Commissioner Berstene

Hardship:       The location of the house on the property and the undersized width of the property create the necessity for a 5’ variance.

The Board acknowledged that this is an extension of a nonconforming structure and also noted that this addition would be keeping in the harmony with the neighborhood.


Seconded by Commissioner Dickey-Gaignat
The motion:  carried
The vote was as follows:  unanimous

ITEM:  Appl. #2620-04 – An Huu Huynh, 22 Paper Chase, A-30 open space zone

The Commission discussed the placement of the shed and gazebo.  The shed is in an adequate location, but it was felt the gazebo should be moved 25’ from the western boundary line.

Motion to:      approve with conditions appl. #2620-04 – An Huu Huynh two variances to section 10.2:  1) a 25’ variance to allow a 10’ x 10’ gazebo 25’ from the western property line; and 2) a 35’ variance to allow a 12’ x 17’ shed 15’ from the northern property line, at 22 Paper Chase, A-30 open space zone.

Was made by Commissioner Banks

Hardship:       The property is surrounded by three streets which leaves inadequate room to fully use this property.

Condition (shed):       When the applicant comes to the Town for a building permit, the Town will verify the appropriate distance the shed should be from the eastern property line.

Seconded by Commissioner Dickey-Gaignat
The motion:  carried
The vote was as follows:  unanimous

ITEM:  Adjournment

Motion to:  adjourn the meeting at 8:40 p.m.

Was made by Commissioner Banks
Seconded by Commissioner Dickey-Gaignat
The motion:  carried
The vote was as follows:  unanimous


________________________________
Deborah W. Reid, Recording Secretary
Recording Secretary