Zoning Board of Appeals

REGULAR MEETING OF THE ZONING BOARD OF APPEALS MIDDLETOWN CONNECTICUT DECEMBER 6, 2018 1. CALL TO ORDER Acting-Chair Jonathan Pulino opened the meeting with the Pledge of Allegiance. 2. ROLL CALL Present: Jonathan Pulino (Acting Chair) Judy Pehota Dina Ford Brandon Chafee Kevin Brignole Nick Ficaro Absent: Gary Middleton Linda Reil Staff: Ron Baia, ZEO/WEO 3. APPROVAL OF MINUTES - November 1, 2018 Regular Meeting Minutes Judy Pehota moves to accept the minutes of November 1, 2018 Regular Meeting Minutes. Dina Ford seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 5 affirmative votes. 4. OLD BUSINESS None 5. NEW BUSINESS – See Public Hearing 6. PUBLIC HEARING 1. Proposed variance with regard to Sections 21 & 13.01.02 to reduce side setback from 10' to 3' and rear yard from 30' to 18' for a 12' x 24' garage in the RPZ Zone at 5 Stowe Avenue. Applicant/agent Giovanni & Linda Imme ZBA2018-7 (Date of Receipt 11/1/18; postponed to the December 6, 2018 meeting) Linda Imme of 5 Stowe Avenue spoke on behalf of the application. She stated that her hardship was that she has a small lot and because of the placement of her house, they are not able to adhere to the setbacks. All the garages and sheds in the neighborhood sit on property lines as the lots are very small. It would not change the essence of the neighborhood. The garage would be used mainly for storage of a classic car, leaf blowers, lawn mowers, compressor, generator, sports equipment and bikes. She submitted letters of support from all 4 of her abutters and 3 additional homeowners on the street. Judy Pehota stated that the garage is already there. Ms. Imme said that yes, they didn’t realize that they needed a variance. From the public:  Lisa Hill of 158 Grand Street said that the garage has taken away all her sunlight for the gardens along with some of her neighbors. She feels that if it was smaller or set back a little, it would be better. Judy Pehota asked if Ms. Hill had gone through a season with the garage. Ms. Hill stated that it has been up since July and submitted a petition against the garage to the Board. Judy Pehota asked if any of the neighbors on that petition voiced their opposition to Ms. Imme while they were installing the garage. Ms. Imme stated not at all. On the petition many did not put down their address so it’s hard to know who these petitioners were. Two of the ones who did put Stowe Avenue as their address, do not live on the street. She submitted pictures showing the garage at different times of the day and it does not cast a shadow on anyone’s property but hers. The Board continued to question Ms. Hill and Ms. Imme. Dina Ford moves to close the public hearing. Judy Pehota seconds the motion. The chair calls for the vote. The Chair states the public hearing is closed with a 5-0 vote. A discussion ensued. Dina Ford stated that there are a lot of trees in the area which could also affect the shade in the area. Ms. Hill’s house is not directly next to Ms. Imme’s. Judy Pehota said that shade should not have any bearing on the variance. To ask somebody to take the garage down is very hard for her. Dina Ford said that they really don’t have much of a choice where to put the garage. It is where the driveway is and there isn’t a lot of leeway. Dina Ford moves to approve the variance with regard to Sections 21 & 13.01.02 to reduce side setback from 10' to 3' and rear yard from 30' to 18' for a 12' x 24' garage in the RPZ Zone at 5 Stowe Avenue. Jonathan Pulino seconds the motion. A discussion ensues. The Chair calls for the vote. The Chair states the matter failed with 2 affirmative votes and 3 in opposition. 2. Variance with regard to Sections 22.02 & 22.03 to reduce frontage for area of multi-family housing at 173 & 179 Butternut Street. Applicant/agent Hillside Investments, LLC ZBA2018-10 (Date of Receipt 12/6/18) Attorney Ralph Wilson spoke on behalf of the application. He stated that this is a multi-family zone. The property size is 2.16 acres. What they are asking for is to reduce the 25 foot setback requirement to 13 feet. There are presently two houses on the property with an 11.5 foot setback which makes it already non-conforming. There will be a total of 5 residential bldgs. which comprises 10 2-bedroom units and 9 1-bedroom units. The hardship is inherent in the slope of the land as the topography of the property sloes westerly from the front on Butternut Street to the rear on Thomas Street, 68 feet over a distance of 378 feet making it difficult to develop. No one from the public wished to speak. Judy Pehota moves to close the public hearing. Kevin Brignole seconds the motion. The Chair calls for the vote. The Chair states the public hearing is closed with 4 affirmative votes and 1 abstention. A brief discussion ensues. Judy Pehota moves for approval for a variance with regard to Sections 22.02 & 22.03 to reduce frontage for area of multi-family housing at 173 & 179 Butternut Street. Dina Ford seconds the motion. The chair calls for the vote. The Chair states the public hearing is closed with 4 affirmative votes and 1 abstention. 7. ADJOURNMENT Dina Ford motions to adjourn at 6:17 PM. Jon Pulino seconds the motion. The Chair calls for the vote. The Chair states the matter is approved with 5 votes. Respectfully Submitted, Ron Baia Wetlands and Zoning Enforcement Officer