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Zoning Board of Appeals 6-1-2006 minutes

MEMBERS PRESENT:        Chairperson Thomas Berstene, Teri Dickey-Gaignat, Stephen Wagner, and Lavina Wilson

ALTERNATES PRESENT:     James Kupchunos sitting for Sandy Jeski

Chairperson Berstene called the meeting to order at 7:00 p.m.  

ITEM:  New Business

Appl. #2679-06 – Terry Moulton, 988 Main Street

Ms. Terry Moulton came before the Board to present this application.  She explained that the property presently does not have a garage and she is requesting the construction of a two car garage behind her house.  The hardship on the property is that the lot is narrow, there are large trees on the northern side of the property and if the garage were placed where it would be in conformance, it would hamper access to the back yard.

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

Answering questions from the Board, Ms. Moulton explained that the existing shed would have to be taken down.  The property line will be located by the contractor when the garage is constructed.

With no further questions, the public participation portion and public hearing closed at 7:24 p.m.

Appl. #2681-06 – Linh Dang, 60-62 Chapel Road

Ms. Linh Dang came before the Board to present this application.  She explained that she is the owner of this property.  The house was constructed in 1901 and is presently a nonconforming structure because it is in front of the building line.  The outside stairs going to the second floor was enclosed and a sunroom was constructed which is considered an expansion of a nonconforming structure.  This variance would allow the structure to remain as a nonconforming expansion, and allow the two decks for access into the units.

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

Answering questions from the Board, Ms. Dang explained that the house is to remain a two family home.  The variance is necessary in order to extend a nonconforming structure.  The necessary construction is being performed in order to maintain livability and use of the home.  The two porches that are being proposed have not been constructed yet.

With no further questions, the public participation portion and public hearing closed at 7:40 p.m.

Appl. #2683-06 – Valerio Giadone, 783 Main Street

Mr. Valerio Giadone came before the Board to represent Wood Memorial Library.  He explained that the existing library was built in 1927 and is requesting an addition.  Mr. Giadone stated that this addition would create a means of egress from the second story and provide handicap

accessibility to all three levels of the library.  The lot coverage necessary for this addition is 15% where 10% is allowed.

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

Answering questions from the Board, Mr. Giadone stated that a concrete walk will be constructed on the site.  An addition was constructed onto the library in 1979.  Commission members acknowledged that a variance for lot coverage is necessary, but not for building height because the existing building is higher than what is being requested and the addition conforms to the zoning regulations.

With no further questions, the public participation portion and public hearing closed at 7:57 p.m.

Appl. #2674-06 – Michael W. Bedell, 239 Graham Road, (Our Savior Lutheran Church)

This application was tabled from the previous meeting in order to find out when the sign was erected and the date of the violation notice.

Mr. Bedell came before the Board and explained that he could only find a check for payment of the sign which was October, 2004.  The hardship is that the only way for others to know the pre-school exists is by having a sign in the front yard.

Commissioner Wagner felt that there is room on the larger sign to place signage regarding the daycare as the regulation allows 32 square feet for church signs.  Commissioner Wagner then stated that he has not heard anything unique that would present a hardship.

Chairperson Berstene felt the application should be kept open in order to allow the applicant time to come back with a solution for the signage.


Motion to:      table appl. #2674-06 to July 6, 2006 meeting – Michael W. Bedell, 34 Old Farm Road, request for a variance to section 17.8.4h to allow an additional entrance sign 16 square feet on property located at 239 Graham Road, (Our Savior Lutheran Church), A-20 zone.

Was made by Commissioner Wilson
Seconded by Commissioner Dickey-Gaignat
The motion:  carried
The vote was as follows:  4 to 1 with Commissioners Wilson, Dickey-Gaignat, Berstene and Kupchunos voting in favor of the motion and Commissioner Wagner voting against the motion.

ITEM:  Deliberative Session

Appl. #2681-06 – Linh Dang, 60-62 Chapel Road

The porch was originally supposed to be enclosed, but when the Building Inspector went to the house, it was found that there was more done than stated, (actually creating additional living space), and this is how the request for a variance came about.

Commissioner Wagner stated he had no problem with this request and felt there would be minimal impact on the neighborhood.

Motion to:      Approve appl #2681-06 – Linh Dang, 6 Bancroft Lane, a variance to section 3.10.3 to allow expansion of a nonconforming structure to enclose a first floor porch area, and the addition of a deck (5’ x 5’) encroaching approximately 8’ into the front setback and a second deck (10’ x 10’) encroaching approximately 2’ into the front setback, at property located at 60-62 Chapel Road, A-40 zone.

Was made by Commissioner Wagner
Seconded by Commissioner Wilson
The motion:  carried
The vote was as follows:  unanimous

Hardship:       The nonconforming structure is presently in front of the setback line and there is a need to provide a safe access to the second floor.

Appl. #2682-06 – Valerio Giadone, 783 Main Street

Motion to:      deny appl. #2682-06 – Valerio Giadone, a 2’ variance to section 10.2 to allow building height of 32’, (30’ required), at property located at 783 Main Street, (Wood Memorial Library), A-40 zone.

Was made by Commissioner Wagner
Seconded by Commissioner Kupchunos
The motion:  carried
The vote was as follows:  unanimous

Reason for denial:      The height of the existing structure is higher than what the applicant is requesting for the addition and predates the zoning regulations, therefore there is no need for a variance for the addition.

Motion to:      approve appl. #2682-06 – Valerio Giadone, a 5’ variance to section 10.2 to allow 15% lot coverage for property located at 783 Main Street, (Wood Memorial Library), A-40 zone.

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

Hardship:  The need to provide access to the existing historic structure both for egress and for handicap accessibility.

Appl. #2679-06 – Terry Moulton, 988 Main Street

The Commission discussed this application at length.  It was decided that the garage should be pulled further away from the property line.  

Motion to:      approve appl. #2679-06 – Terry Moulton, a 5’ variance to section 10.2 to allow a proposed garage 15’ from the side property line, (20’ required), at 988 Main Street, A-40 zone.

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

Hardship:       The narrowness of the property and the need to preserve some view in the rear of the house.

ITEM:  Minutes

Motion to:      approve the May 4, 2006 minutes.

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

ITEM:  Adjournment

Motion to:      adjourn the meeting at 8:54 p.m.
Was made by Commissioner Dickey-Gaignat
Seconded by Commissioner Wilson
The motion:  carried
The vote was as follows:  unanimous

Respectfully submitted,


________________________________
Deborah W. Reid, Recording Secretary