Loading...
HomeMy WebLinkAboutZBA 02/21/2023i� ED Zoning Board of Appeals M�'il�kj OF V►vs C�F.�t'itiS OFFICE February 21, 2023 it113 Ikt�q I P 1' I q Meeting Held in Person in Meeting Room 3AMlitnOF IE�Q Virtually Using Go To Web inarPlatfot4f" . ,NC Present: Darlene Pruitt, Acting Chair; Eric Correira Acting Clerk; Ryan Maxwell; Ed Valanzola, Associate; Michael Reed, Associate Nadine DePillo, Administrative Secretary Absent: Matthew List and Matthew Cummings Darlene Pruitt, Acting Chair read public notice into record. Ms. Pruitt appointed Eric Correira as Acting Clerk; Michael Reed and Ed Valanzola as voting members for the meeting. Application of John Kershaw and Leandra D'Eramo for a Variance from Zoning Bylaws Section 230 4.2A for a proposed rear yard setback of 30.6 feet where 40 feet is required at 2 Claire Avenue; (Assessor's Map/Parcel 003/342) in the Residential 1 (RI) zone. Applicant John Kershaw was present for the meeting. Mr. Kershaw stated they are seeking a Variance for a proposed rear yard setback of 30.6 feet where 40 feet is required at 2 Claire Avenue. Mr. Kershaw stated that their deck collapsed and is currently seeking a variance to extend and rebuild where the existing deck is located and proposing to expand the size of the kitchen by six feet which is located in the rear of the house, Mr. Kershaw stated that in the back of the house is located in a wooded lot. Mr. Kershaw explained that the proposed deck will also extend out further. Mr. Kershaw stated that the lot is shaped like a triangle, causing one side of the house to be closer to the side setback for a variance. Mr. Kershaw stated that there are no buildings or structures on one side of the property. Mr. Kershaw also indicated that the next closes house near their property is approximately 300 feet away. Mr. Correira asked what was the distance from 111 Balcolm Street to 2 Claire Avenue. Mr. Kershaw responded to Mr. Correira stating that 111 Balcolm Street and 6 Claire Avenue are located approximately 300 feet away from 2 Claire Avenue. Mr. Maxwell asked if there were two decks in question and Mr. Kershaw stated that due to the shape of the lot it is shaped like a tier and house steps down to the original deck that is 12 x 12 feet with steps that go down 20 x 8 feet section it is a split level. Mr. Kershaw stated that the proposed deck will maintain the same structure. Board Comments: There were no board comments. Public Comment: There were no public comments. Discussion: Mr. Maxwell stated the proposed lot was oddly shaped with the septic located on one side and the location of the house is in the middle of the lot. Ms. Pruitt stated that the extension to the kitchen is located in the rear of the property. Ms. Pruitt stated that applicant will be replacing the collapsed deck. Mr. Correira stated due to the shape of the lot the extension of the deck and kitchen could not be placed anywhere else. Motion: To approve the application for a Variance from Zoning By -Law Schedule Section 230 4.2A for a proposed rear yard setback of 30.6 feet where 40 feet is required at 2 Claire Avenue per the plans submitted. (Correira/Maxwell) Five (5) In favor, Zero (0) opposed, Zero (0) abstained PASSES Application of Dennis & Deborah Mall for a Variance from Zoning Bylaw Section 230-4.2A for a proposed front yard setback of 22.20 feet where 30 feet is required is required at 26 Highland Avenue, (Assessor's Map/Parcel 018/063) in Residential 3 (R3) zone. Craig Cygawnoski, from RIM Engineering and applicants Dennis and Deborah Mall of 26 Highland Avenue were present. Mr. Cygawnoski presented the proposed plans to the board stating that the front yard setback is 30 feet and presently the house is setback at 32.02 feet with a 7-foot 11-inch front yard set of staircases that comes out to 24.08 feet from the property line. Mr. Cygawnoski is seeking to place an 8-foot-wide by 10-foot deck off the front of the house which would then have a set of staircases that would go down to the driveway. Mr. Cygawnoski further noted the setback will extend out to 22.20 feet from the property line of Highland Avenue. Mr. Cygawnoski stated that the proposed deck will be used for medical purposes and no ramp will be considered at this time. Mr. Cygawnoski indicted that the abutting homes from the left and right side of the street averaged at 20 feet from the property line of the roadway. Mr. Cygawnoski stated the proposed addition of the deck would not be any closer to the road and is not substantially more detrimental to the neighborhood than the current condition. Mr. Cygawnoski also stated that the houses across the street are 5 feet and 12 feet from the street line. ZBA Meeting Minutes — February 21, 2023 Page 2 of 5 Ms. Pruitt asked if the existing steps were concrete. Mr. Cygawnoski responded to Ms. Pruitt's question that the steps have a concrete landing with four steps. Mr. Maxwell inquired how large is the current lot size. Mr. Cygawnoski stated that the lot size is currently 50 feet x 80 feet. Mr. Maxwell inquired what was the medical reason for building the proposed steps and will the setback of 8 x 10 feet give the applicant more stability. Ms. Mall responded to Mr. Maxwell that she has a muscle decease. Ms. Mall explained that mobility is a factor and building the proposed deck would give her more stability. Ms. Pruitt asked what are the existing footprints and Mr, Cygawnoski responded to Ms. Pruitt the existing foot prints are 24.08 feet and they are seeking 22.20 feet. Ms. Pruitt asked if the house met all the other setbacks. Mr. Cygawnoski stated that 32 feet from the street a little over 15 feet on one side and closer to 16 feet on the other side and 30 feet at the rear. Ms. Pruitt asked what is the hardship under a variance. Mr. Cygawnoski stated that the property is closer to the street than what is present. Mr. Correira inquired whether or not the application presented is a finding or variance. Mr. Valanzola stated that the request for the proposed plans for a variance should remain the same. Board Comment No further Board Comments. Public Comment There were no public comments. Discussion Ms. Pruitt was concerned with how the Board should vote on this application to determine what meets the requirements for a variance. Mr. Maxwell stated according to the Zoning by laws the application meets the guidelines for a finding rather than a variance. Mr. Maxwell also stated that application presented is not a new noncompliance of the front yard steps. Mr. Maxwell also stated that it would not meet the requirement for a finding if we determined it was more detrimental to the neighborhood to grant it. Mr. Maxwell indicated according to the proposed exhibit states it is not substantially more detrimental to the neighborhood than the current conditions. ZBA Meeting Minutes — February 21, 2023 Page 3 of 5 Ms. Pruitt stated this an application for a variance and trying to determine how they can vote on this variance if it does meet the requirements. Since it is nonconforming with the stairs that are existing can we treat that the stairs are a finding. Ms. Pruit also stated that they can make a motion based on the definition of the finding since the stairs are already at 24.08 feet. Ms. Pruitt further stated that in the past Zoning Board meetings they have voted on applications where they have changed the application from variances to findings. Mr. Maxwell stated that according the Zoning by-law for a finding that 26 Highland Avenue meets the requirements because they are not creating a new non-compliance, the front yard steps are noncompliant. Mr. Maxwell also stated according to the Zoning by law the application would not meet the requirements for a finding if it is determined whether it is more detrimental to the neighborhood to be granted. The exhibit demonstrated that it is in keeping with the neighborhood. Mr. Correira stated that similar situations with other applicants when stairs were being expanded in some cases the application would be treated as findings when applicants requested a finding and or variance for the board to choose. Ms. Pruitt inquired that since the existing stairs are nonconforming should this application be treated as a finding. Ms. Pruitt expressed that making a motion based could be based on the definition of what the Zoning by laws state for a finding since the stairs are currently extend to 24.8 feet. Mr. Valanzola stated that the application is a variance and the grounds have been met for a variance because the applicant is proposing a much smaller existing front porch area and making it much larger. Mr. Valanzola also expressed concerns that the application submitted depicted on the proposed plan that they are going closer to the street line for frontage. Mr. Valanzola stated that the application submitted conforms to the character of the neighborhood, according the proposed plans submitted the setback frontage for all the other lots are as little as 5.1 feet and 22.20 feet. Mr. Valanzola stated that according to the plans submitted will be the largest setback than all the other lots on the street line. Mr. Valanzola also state that the application was submitted as a Variance and should be treated as such. Motion: To approve the application for a Variance from Zoning Bylaw Schedule Section 230- 4.2A for a proposed front yard setback of 22.20 feet where 30 feet is required at 26 Highland Avenue per the plan presented. (Correira/Maxwell) Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES Minutes — November 8, 2022 and December 20, 2022 Motion: To continue review and vote for the November 8, 2022, December 20, 2022 and February 21, 2023 minutes at the next scheduled meeting. (Correira/Maxwell) Five (5) In favor, Zero (0) opposed, Zero (0) abstained PASSES ZBA Meeting Minutes — February 21, 2023 Page 4 of 5 Motion: To continue review and vote for Reorganization of the board at the next scheduled meeting. (Correira/Maxwell) Five (5) In favor, Zero (0) opposed, Zero (0) abstained PASSES Next Zoning Board of Appeals Meetings: March 21, 2022 at 7:30 p.m. Motion: To adjourn at 8:30 p.m. (Correira/Maxwell) Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES Signature of Clerk D to of Approval ZBA Meeting Minutes — February 21, 2023 Page 5 of 5