Zoning Board of Appeals

Chair Steven Kovach Vice-Chair Vice-Chair Nicholas Vacant Fazzino (’21) Secretary 2nd Vice-Chair Thom Pattavina Jonathan Pulino (’23) Middletown Members Members Richard Dina Ford Catherine Pelletier (’23) Johnson (’23) Marcus Fazzino (’21) Linda Reil Vacant Alternates Kevin Brignole Vacant (’21) Zoning Board of Appeals Alternates Ex- Officio Kellin Atherton Nicholas Shanay Ficaro (’23) Fulton Mayor Ben (’23) Florsheim James O’Connell (’21) Ex- Officio Staff Mayor Marek Ben Florsheim Kozikowski, AICP, Director of Land Use REGULAR MEETING MINUTES THURDAY, DECEMBER 2, 2021 5:30 P.M. The meeting was held virtually. Members of the public had access via https://webex.com, the WebEx application, and via telephone. 1. Call to Order The meeting was called to order at 5:41 pm. 2. Roll Call Present: Steven Kovach, Chair Jonathan Pulino (Arrived at 6:02pm) Kevin Brignole (Seated for Vacancy) Nicholas Ficaro (Seated for Pulino) Dina Ford (Left at 5:50pm) Linda Guarino (Reil) Absent: None Staff: Marek Kozikowski, Director of Land Use Public: Three members of the public logged into the meeting. 1. Approval of Minutes 1.1. Regular Meeting of October 7, 2021 Motion to approve the minutes of the October 7th meeting Moved by Ford, seconded by Ficaro Voting in favor: Kovach, Brignole, Ficaro, Ford, Guarino Passed 5-0 2. Old Business None. 3. New Business 3.1. Adoption of the 2022 Regular Meeting Schedule Motion to adopt the 2022 Regular Meeting Schedule Moved by Brignole, seconded by Guarino Voting in favor: Kovach, Brignole, Ficaro, Ford, Guarino Passed 5-0 Page 1 of 3 4. Public Hearing 4.1. Request for a variance of Section 21.02 to permit the installation of a handicap ramp and walkway within the required front and side yards on property located at 13 Wall Street. Applicant/agent William Owens V2021-9 Pastor William Owens reported that the proposal is for a handicap ramp for the church which is well needed. Director Kozikowski shared the site plan noting that the variance request is for the ramp to be 8 ft from the front property line and 4 ft from the side property line. He further noted that there is additional land in the right of way that provides additional space from the curb line. Motion to close public hearing Moved by Ford, seconded by Brignole Voting in favor: Kovach, Brignole, Ficaro, Ford, Guarino Passed 5-0 Motion to approve the variance Moved by Brignole, seconded by Ford Voting in favor: Kovach, Brignole, Ford, Ficaro, Guarino Passed 5-0 Brignole notes that it appears from the map, the ramp and walkway cold not go anywhere else on the property, which is a hardship. Kovach noted that a variance would still be required to put the ramp and walkway somewhere else. 4.2. Request for a variance of Section 21.02 to permit the installation of a shed within 5 ft of the side property line on property located at 181 West Street. Applicant/agent Troy Hightower V2021-10 Troy and Kristine Hightower presented the application for the variance to allow the shed to be installed 5 ft from the property line, noting that locating the shed 10 ft from the property line reduces sightlines from the house into the backyard for view of the kids and dogs. Joanne Dimonica, 40 Marino Drive, property owner to the south, noted that clearing that Mr. Hightower has done in the past and wants to ensure that a fence installed. She further inquired about construction equipment entering area. Mr. Hightower confirmed that only on section of the fence will be removed to bring in the shed and no work would be done on the property. Jessica Samilack, West Street, inquired if there was a tree to fall on the shed or something like that, what had happen in relation to the 5 ft setback. Mr. Hightower noted that there wouldn’t be any trees in the area that could fall on the shed. Motion to close public hearing Page 2 of 3 Moved by Brignole, seconded by Guarino Voting in favor: Kovach, Brignole, Ficaro, Guarino Passed 4-0 Motion to approve the variance Moved by Brignole, seconded by Ficaro Voting in favor: Guarino Voting against: Kovach, Brignole, Ficaro Failed 1-3 Brignole notes that he didn’t think there is a hardship. It is a big lot with 370 ft long. There are many places where the shed can go that doesn’t violate the setback Ficaro noted it is a long but narrow lot. He found it hard to say there is a hardship. Kovach noted that his charged is to look at the land and the hardship. Hard to see a hardship based on the land. 5. Adjournment Motion to adjourn Moved by Brignole, seconded by Ficaro Voting in favor: Kovach, Pulino, Brignole, Ficaro, Guarino Passed 5-0 The meeting adjourned at 6:04 pm. Submitted, Marek Kozikowski, AICP Department of Land Use Page 3 of 3