Zoning Board of Appeals

Chair Nicholas Ficaro Vice Chair Andrew Santaniello, Sr nd Vice-Chair 2Vice-Chair Linda Guarino Middletown Members Secretary Nicholas Callie ThomGrippo Fazzino (’21) Pattavina (’23) Vacant Vacant Zoning Board of Appeals Members Alternates Richard Pelletier (’23) Vacant Catherine Johnson (’23) Marcus Fazzino (’21) Vacant Vacant (’21) Ex- Officio Alternates Mayor Ben Florsheim Kellin Atherton (’23) James O’Connell (’21) Staff Thomas Hazel, CZEO Shanay Fulton (’23) Zoning Enforcement Officer ZBA REGULAR MEETING MINUTES THURSDAY OCTOBER 3, 2024 Council Chambers 5:31 P.M. The meeting was held in-person. 1. Call to Order The meeting was called to order at 5:31pm. 2. Pledge of Allegiance 3. Roll Call Present: Nicholas Ficaro Linda Guarino Calli Grippo Andrew Santaniello Staff: Tom Hazel, Zoning/Blight Enforcement Officer 4. Public Comment None. 5. Approval of Minutes 5.1. Meeting of May 2, 2024 Motion to approve the minutes of the April 24, 2024 as presented Moved by Santaniello Seconded by Grippo Voting in favor: Santaniello, Ficaro, Grippo and Guarino Passed 4-0-0 6. Old Business None. 7. New Business 7.1 Adoption of the 2025 meeting schedule. Motion to approve the proposed schedule as presented. Moved by Santaniello, Seconded by Guarino 8. Public Hearing 8.1. Appeal of a decision by the Zoning Enforcement Officer’s issuance of a Cease and Desist Order for the operation of a home business and use of accessory structures to store materials without approval at 120 Ridgewood Road in the R-60 zone. Applicant/Agent: William & Carol Roy. A2024-2. Page 1 of 3  The letter of appealer’s lawyer was read into the record stating that the appeal is dropped and the city is complied with. The zoning enforcement officer agrees. 8.2. Request for a variance of section 2.3.3 to allow for an encroachment of the front porch into the front yard setback located at 585 Arbutus Street in the R-30 zone. Applicant/Agent: Trevor Davis. V2024-6 The applicant presented the plans to elongate a porch along the south side of their primary structure. The house is a 1700’s era structure that is entirely within the front yard setback. Without a variance no improvements could be made to the structure. The porch will be a continuation of the existing front porch to allow safe access to the rear of the house. Motion to close the public hearing Moved by Guarino, Seconded by Santaniello Voting in favor: Grippo, Ficaro, Santaniello and Guarino Approved 4-0-0 Motion to approve application V2024-6 Moved by Guarino, Seconded by Santaniello Voting in favor: Grippo, Ficaro, Santaniello and Guarino Approved 4-0-0 8.3 Request for a variance of section 2.10.3 to construct an accessory dwelling unit above the 2-car garage within the minimum rear and side yard setbacks located at 136 Lincoln Street in the MXR zone. Applicant/Agent: Paige McMullen V2024-4 The applicant presented plans to replace an existing 2 car garage with a new 2 car garage with an ADU above. The new structure will be slightly larger and will be further away from the side and rear property lines. This would reduce the existing nonconformity. The property was looked at from various points to see if the structure could be located anywhere else on the property so that it may be able to conform to the Zoning Code, with basement egress issues and having a very small area of lawn, the practicality of trying to relocate the structure was prohibitive. Also looking at the nature of the surrounding neighborhood it was clear that the majority of detached structures were constructed within the rear and side yard setbacks. The proposed structure would be more conforming and consistent with the surrounding neighborhood. Motion to close the public hearing Moved by Santaniello, Seconded by Grippo Voting in favor: Grippo, Ficaro, Santaniello and Guarino Approved 4-0-0 Motion to approve application V2024-4 Moved by Santaniello, Seconded by Grippo Voting in favor: Grippo, Ficaro, Santaniello and Guarino Approved 4-0-0 8.4 Request for a variance of section 2.1.3 to allow for an encroachment of the front porches into the front yard setback to correct a miscalculation in the measurements of the foundation during construction located at 45 Sand Hill Road in the RPZ zone. Applicant/Agent: Anthony Garofalo. V2024-5 The applicant stated that the properties were subdivided to establish 3 lots to build homes for his family. He and his father who is in construction were building the home in question in their spare time for the family and were attempting to do the majority of the work themselves. Page 2 of 3  In the process they laid out the foundation but measured off the road and not the property line. This created the issue of the two front porches projecting into the front yard setback. The curvature of the road made the northwestern porch 3 feet into the setback and the south eastern porch 1 foot into the setback. The Zoning Enforcement Officer noted that this issue was discovered during the final sign off inspection when an engineered as-built was submitted. The commission asked if the other houses in the neighborhood were similarly positioned and the officer confirmed that they are quite consistent with the new houses alignment. Motion to close the public hearing Moved by Santaniello, Seconded by Grippo Voting in favor: Grippo, Ficaro, Santaniello and Guarino Approved 4-0-0 Motion to approve application V2024-5 Moved by Santaniello, Seconded by Guarino Voting in favor: Grippo, Ficaro, Santaniello and Guarino Approved 4-0-0 9. Adjournment Motion to adjourn Moved by Santaniello, Seconded by Grippo Voting in favor: Santaniello, Ficaro, Grippo, and Guarino Passed 4-0-0 The meeting adjourned at 5:58 PM. Submitted, Thomas Hazel, Zoning/Blight Enforcement Officer Department of Land Use Page 3 of 3