MEMBERS PRESENT: Chairperson Thomas Berstene, Stephen Wagner, Sandy Jeski
ALTERNATES PRESENT: Jim Kupchunos sat for Teri Dickey-Gaignat
Andrea Momnie sat for N'Marie Crumbie
STAFF PRESENT: Kathy Middleton, Recording Secretary
Michele Lipe, Assistant Director of Planning
The following are motions made during the June 6, 2008 Public Hearing/Regular Meeting.
Public Hearing
Chairperson Berstene called the public hearing to order at 7:30 PM
The recording secretary read the legal notice into the record as it was published in the Journal Inquirer on May 24, 2008 and May 31, 2008.
1. Appl. #2718-08- Paul And Robin LaGasse - request a front yard variance to Table 3.1.2A and section 2.14.C.1 to allow for the expansion of a nonconforming structure for living space and a deck (as shown on plans), on property located at 507 Main Street, A-40 zone
Frank Hubeny of FLB Architecture & Planning presented the application on behalf of the applicant. Hubeny stated that the hardship is that the house was built in 1900 which was before the 50 ft. front yard setback was introduced. There was no public participation. The Commissioners agreed that the application was very well explained.
The public hearing closed at 7:52 PM.
2. Appl. #2720-08- Carole A. Bancroft and Andrew M. Gobin - request for variances to section 3.2.2.C.5a to allow an interior lot with an access easement (access required to be owned in fee per zoning regulation) located at 1105, 1115 and 1117 Main Street, A-40 zone
Peter DeMallie presented the application on behalf of the property owners. DeMallie stated several reasons for requesting the Commission grant the variance and stated that one major factor was that many of the buildings on the property were built before zoning. Several surrounding neighbors spoke in support of the application and several letters of support were also submitted. The Commission had comments and questions.
The public hearing closed at 8:47 PM.
3. Appl. #2721-08- Stephen J. Zrinchak Jr. - request for a 12 ft. variance to Table 3.1.2A to allow a porch to be 38 ft. from the front property line (50 feet required) on property located at 400 Abbe Road Ext., RR zone
Attorney Steven Basche came before the Commission and presented the application on behalf of the applicant. Basche stated that the reason for the hardship was the need for a handicap access ramp and that the house was built on the 50 ft. front yard setback.
Zrinchak stated that previously he had taken care of his parents and two of his uncles and expects that he will be caring for another uncle in the near future. Berstene read a letter into the record from Ms. Halstead stating that she is not in favor of the application. There was no public participation. The Commission had comments and questions.
4. Appl. # 2722-08- Daniel DeSimone- request for a 4 ft variance to Table 3.1.2A to allow a front porch to be 46 ft from the front property line (50 feet required) on property located at 25 Natsisky Farm Road, A-30 zone.
Gary DeSimone, brother to the applicant presented the application. Doreen DeSimone, spouse to the applicant was also present. Mrs. DeSimone stated that the hardship was that there are cars that travel fast on the road and there is a lot of traffic which creates an unsafe condition for her children. There was no public participation. The Commission had comments and questions.
The public hearing closed at 9:15 PM.
ITEM: Deliberative Session
2. Appl. #2720-08- Carole A. Bancroft and Andrew M. Gobin - request for variances to section 3.2.2.C.5a to allow an interior lot with an access easement (access required to be owned in fee per zoning regulation) located at 1105, 1115 and 1117 Main Street, A-40 zone
Motion to approve with conditions #2720-08- Carole A. Bancroft and Andrew M. Gobin - request for variances to section 3.2.2.C.5a to allow an interior lot with an access easement (access required to be owned in fee per zoning regulation) located at 1105, 1115 and 1117 Main Street, A-40 zone
Hardship: The location of the existing drive and existing garage make it impossible to locate a new drive along the southerly property boundary without removing the garage. Also, due to the close proximity of the non-conforming house to the south, locating an access drive along this property line would have an adverse impact on that property. Along the northerly boundary, there is not enough room for an access drive between the existing house and property line.
Conditions:
1. The location and detail of the easement shall be provided as part of the site plan.
2. The Fire Marshal shall approve the design of the access drive.
3. The non-conforming house that straddles the western border shall be raised or removed within five months upon issuance of certificate of occupancy.
Was made by: Commissioner Wagner
Was seconded by: Commissioner Momnie
The motion carried
The vote was unanimous
1. Appl. #2718-08- Paul And Robin LaGasse - request a front yard variance to Table 3.1.2A and section 2.14.C.1 to allow for the expansion of a nonconforming structure for living space and a deck (as shown on plans), on property located at 507 Main Street, A-40 zone
Motion to approve application #2718-08- Paul And Robin LaGasse - request a front yard variance to Table 3.1.2A and section 2.14.C.1 to allow for the expansion of a nonconforming structure for living space and a deck (as shown on plans), on property located at 507 Main Street, A-40 zone
Hardship: The existing non-conforming building is unique to the property and it does not increase the impact of non-conforming dwelling on the neighborhood.
Was made by: Commissioner Momnie
Was seconded by: Commissioner Jeski
The motion carried
The vote was unanimous
3. Appl. #2721-08- Stephen J. Zrinchak Jr. - request for a 12 ft. variance to Table 3.1.2A to allow a porch to be 38 ft. from the front property line (50 feet required) on property located at 400 Abbe Road Ext., RR zone
Motion to deny application #2721-08- Stephen J. Zrinchak Jr. - request for a 12 ft. variance to Table 3.1.2A to allow a porch to be 38 ft. from the front property line (50 feet required) on property located at 400 Abbe Road Ext., RR zone
Reason: No hardship with the land was demonstrated.
Was made by: Commissioner Wagner
Was seconded by: Commissioner Momnie
The motion carried
The vote was unanimous
4. Appl. # 2722-08- Daniel DeSimone- request for a 4 ft variance to Table 3.1.2A to allow a front porch to be 46 ft from the front property line (50 feet required) on property located at 25 Natsisky Farm Road, A-30 zone.
Motion to deny application #2722-08- Daniel DeSimone- request for a 4 ft variance to Table 3.1.2A to allow a front porch to be 46 ft from the front property line (50 feet required) on property located at 25 Natsisky Farm Road, A-30 zone because no hardship was demonstrated.
Reason: No hardship with the land was demonstrated.
Was made by: Commissioner Momnie
Was seconded by: Commissioner Jeski
The motion carried
The vote was unanimous
ITEM: Minutes
Motion to approve the minutes of March 6, 2008.
Was made by: Commissioner Jeski
Was seconded by: Commissioner Berstene
The motion carried
The vote was unanimous
ITEM: Old Business
Lipe discussed possible dates for a joint meeting with Planning & Zoning.
ITEM: Correspondence
Commissioners received a copy of the Decision of Appeal on the variance request of Wayne Gerlt.
Invitations were received for the June 30th, 2008 Leadership Roundtable to be held at the Community Center on Nevers Road.
ITEM: Adjournment
Motion to: adjourn the meeting at 10:00p.m.
Was made by Commissioner Jeski
Seconded by Commissioner Momnie
The motion: carried
The vote was as follows: unanimous
________________________________
Katherine J. Middleton
Recording Secretary
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