Zoning Board of Adjustment Members Present – Stanley Markowski – Chairman, Rick Conway – Vice Chairman, Ed Keith, Jr., Jack Orvis.
ABSENT: Clarence Greeno, Dan Adams and Nicholas Michael.
Others Present: Rachel Giddings, Mike Raney, Maxine Raney, Jeff Biasuzzi – Zoning Administrator and Kelly Giard – Recording Secretary
S. Markowski, Chairman, called the Zoning Board of Adjustment to order at 7:021 PM.
S. Markowski introduced the members of the Zoning Board of Adjustment.
S. Markowski swore in all in attendance and explained the process of the hearing.
Motion by R. Conway and seconded by J. Orvis to approve the agenda as presented. Motion passed unanimously 4 – 0.
S. Markowski opened the hearing of Application 18-18, which was a request by Robert & Rachel Giddings to construct an addition on the north side of the existing single-family residence at 16 Parker Road. The use for the proposed addition would be to add an ADA accessible bedroom suite for a senior family member. The application also requests an addition to the existing detached garage. Both additions will require a variance, as their proposed street setbacks are within the prescribed 40 feet minimum.
J. Biasuzzi stated that the site plan was complete and the structure is non-conforming with it being 29.8’ of the 40’ setback minimum. The addition is for an ADA occupant, with 1 level living consisting of a bedroom and a bathroom, which will not increase the number of bedrooms within the house, due to the septic system.
S. Markowski inquired if there would be a hardship to move the additions to the south. R. Giddings stated that there would be no hardship, due to the porch. J. Biasuzzi stated that he has discussed these situations with the applicant. There was discussion as to whether the house frontage was on Parker Road or Route 7.
R. Conway stated that ADA supersedes zoning. R. Conway inquired if the frontage was on Route 7. The applicant stated that the frontage was on Route 7, however, the address is 16 Parker Road. R, Conway stated that the frontage was on 2 roads and compiles with the Route 7 frontage.
S. Markowski inquired the ADA access to the residence. R. Giddings stated that the entrance would be on the porch, constructing a ramp to the driveway/garage for easier access. There was discussion concerning the road frontage for the garage project. R. Conway stated that a variance was not required as the frontage is also along Route 7.
Motion by R. Conway and seconded by J. Orvis to approve the application as presented as the front and side setbacks are met, due to Route 7 location. Motion passed unanimously 4 – 0. J. Biasuzzi was instructed to issue the Findings of Fact, Decision and Permit with no conditions.
S. Markowski the second hearing as Application 18-20, which was a request by Mike and Maxine Ranney to construct a front open deck within the prescribed 40’ minimum setback on their single-family residence at 51 Lilac Meadow Lane, which was under construction at the end of June.
Mr. Ranney stated that the house was built in 1970. J. Biasuzzi stated that the town does not maintain Lilac Meadow Lane. Mr. Ranney stated that she was told that the property marker is in the middle of the road. J. Biasuzzi stated that he explained the process at the time of the application and the lot was not surveyed. Ms. Ranney stated that the neighbor has explained where the pin was located. R. Conway inquired if the deed served by easement. Ms. Ranney stated that she had no idea. R. Conway inquired who maintains the road. Ms. Ranney stated that all the neighbors do. Ms. Ranney stated that Steve Shortsleeve explained where the pin was. R. Conway inquired checking at the bordering line. J. Biasuzzi stated that there was a lack of verification and there was nothing indicated in the land records of 1960’s and 1970’s.
R. Conway inquired if the deck was being constructed toward the road. Mr. Ranney explained that this was replacing an existing patio. R. Conway inquired if there was any increase in the size. Ms. Ranney stated that the deck was about 6” wider and is going the length of the house and getting rid of the old cement steps.
S. Markowski inquired if this was a private road and if the Zoning Board of Adjustment had any jurisdiction over private roads with a “taxable” surface being replaced by another “taxable” surface. Ms. Ranney explained that the deck replaces the patio, steps and flower garden. Ms. Ranney stated that there would also be a ramp installed to enable elderly family members access to the house.
Motion by R. Conway and seconded by E. Keith to approve the application as presented. Motion passed unanimously 4 – 0. J. Biasuzzi was instructed to issue the Findings of Fact, Decision and Permit with no conditions.
R. Giddings, M. Ranney and M. Ranney exited at 7:41 PM.
J. Biasuzzi explained to the Zoning Board of Adjustment that the Fire Academy has constructed a burn building and has constructed a cement apron around the building, that was not included in the existing permit. The original permit was withdrawn. Following discussion, it was determined that there needed to be an amended permit application. J. Biasuzzi stated that he would communicate this with the Academy.
Meeting adjourned at 8:05 PM.
Kelly Giard, Recording Secretary
Following the seven day comment & review period by ZBA Members, the Chairman is duly authorized to approve these Minutes on behalf of the Zoning Board of Adjustment;
Approved this __________ day of September 2018, by:
Stanley Markowski, Chair