Zoning Board of Appeals

REGULAR MEETING OF THE ZONING BOARD OF APPEALS MIDDLETOWN CONNECTICUT SEPTEMBER 3, 2020 1. CALL TO ORDER Chairman Middleton opened the meeting at 5:36 pm Joe Samolis explained that there will only be one item on the agenda. 6.1 is an incomplete application and taken off the agenda and 6.3 withdrew their application. 2. ROLL CALL Present: Gary Middleton Jonathan Pulino Steven Kovach Kevin Brignole (seated for Linda Reil) Nick Ficaro (seated for Dina Ford) Absent: Dina Ford Linda Reil Staff: Joseph Samolis, AICP, Director of PCD Ron Baia, Zoning and Wetlands Enforcement Officer 3. MINUTES – June 4, 2020 Regular Meeting Minutes Jon Pulino moved to approve the minutes of June 4, 2020. Kevin Brignole seconds the motion. The Chair calls for the vote. It is unanimous to approve the minutes of 6/4/20. 4. OLD BUSINESS None 5. NEW BUSINESS None 6. PUBLIC HEARING 6.1 Request for a favorable G.S. 14-54 location approval for General Repairs and Sales of used cars at 373 East Main Street and a variance of Section 44.08.33.1 to allow used auto sales without frontage on a state highway. Applicant/agent John Sheil G.S. 14-54 2020-2 This was an incomplete application and taken off the agenda.  6.2 Request for a variance with regard to Section 21.03.A for side setback from 10 ft to 3 ft for a 24’ x 24’ garage at 1006 Ridgewood Road. Applicant/agent Joseph Passanisi ZBA2020-3 The Chair asked Mr. Passanisi to explain the hardship for this application. It needs to be tied to the land and not financial. Mr. Passanisi spoke to the Board and explained that the hardship is because of the elevation in the back of his property. The setback would be about 4-5 feet. The three foot setback includes the overhang. Jon Pulino said that he is familiar with the property and the presentation was good. Steven Kovach asked how deep the drop-off in the rear was. Mr. Passanisi said that for every foot, it goes down one foot. Keven Brignole asked if the garage would be in line with the house. Mr. Passanisi said that the front of the garage will probably bump out about five feet as the front of the house. When exiting the garage, he would have to take a left to go down the driveway. Nick Ficaro asked how close he will be from the neighbor’s house and if he could put the garage closer to his house. Mr. Passanisi said at least 10 to 15 feet away from neighbors and if he put it closer, he would have to make the garage 22 ft. The Board continued to question Mr. Passanisi regarding placement of the garage. Steven Kovach moves to close the public hearing. Nick Ficaro seconds the motion. The chair calls for the vote. It is unanimous to close public hearing with 5 aye votes. The chair states the matter passes unanimously with 5 affirmative votes. Steven Kovach moves to approve a variance with regard to Section 21.03.A for side setback from 10 ft to 3 ft for a 24’ x 24’ garage at 1006 Ridgewood Road. Nick Ficaro seconds the motion. A discussion ensues. The Chair calls for the vote. AYES: Gary Middleton, Jonathan Pulino, Steven Kovach NOES: Kevin Brignole, Nick Ficaro VOTE: Motion fails 3-2 (four aye votes needed to pass) 6.3 Request for a variance with regard to Section 25.03 regarding front yard setback at the Lot #5 of the Bysiewicz Drive Subdivision off Middle Street. Applicant/agent Arconn Realty ZBA2020-4 This item was withdrawn. 7. ADJOURNMENT Respectfully submitted, Joseph Samolis, ACIP Director of Planning, Conservation and Development