| Board Members | Chairman Neil Faiman; members, Carol Roberts, Jim Tuttle, Joe Poisson and alternate John Jowders (arrived late). |
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| Agenda |
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Chairman Faiman opened the meeting at 7:35 p.m.
A MOTION was made by Mr. Tuttle and SECONDED by Ms. Roberts to approve the minutes of October 12, 2010 as written.
Voting: 4 ayes; motion carried unanimously.
Doug Hoy appeared before the Board and explained that currently he has a staircase with a roof at his front door that is falling apart and he would like to put up a farmers porch, however the porch would be within the setback. He stated that his house would still sit farther from the road than the surrounding houses and the porch would improve the house. He noted that he measured from the edge of the road and that it's hard to tell where exactly the boundary and setback lines are.
Mr. Faiman noted that this site is in the residential district not residential/agricultural district as noted on the application.
In response to a question from Mr. Faiman, Mr. Hoy stated that the house was built in 1965.
In response to a question from Mr. Jowders, Mr. Hoy stated that currently the stairs end 33.5 feet from the pavement.
In response to a question from Ms. Roberts, Mr. Hoy stated that the new stairs will have a roof and they will extend 2.5 feet farther into the setback.
Mr. Faiman noted that probably the steps will extend farther than stated into the setback because the setback begins after the right of way.
In response a question from Mr. Carnduff, Mr. Hoy stated that the new porch would make access to the house easier.
Mr. Faiman noted that there is a lot of yard around the house so the porch will not impact visibility.
Mr. Jowders noted that this property is different from the other properties because it is not on the rural section of road.
Mr. Faiman noted that the pre-zoning placement of the house makes it impossible to allow an otherwise reasonable use in strict conformity with the ordinance.
A MOTION was made by Mr. Tuttle and SECONDED by Ms. Roberts to grant the use variance and to find that six feet from the front of the house plus the proposed steps is a reasonable encroachment on a town road due to the fact that the house predates zoning.
Voting: 5 ayes; motion carried unanimously.
Mr. Faiman explained that the Mr. Sienkiewicz came before the ZBA to appeal the Planning Board's decision and the ZBA decided that they did not have the jurisdiction to make judgment on the Planning Board's interpretation of state law. He explained that Mr. Sienkiewicz has filed an application for re-hearing.
In response to a question from Mr. Jowders, Mr. Faiman stated that state law states that one cannot place anything in the right of way and the ZBA's position is that they cannot interpret state law.
In response to a question from Mr. Tuttle, Mr. Faiman stated that historically when there is doubt about the right of way line they stone wall is used as the line.
Mr. Faiman stated that Mr. Sienkiewicz has not provided any proof for believing the original decision might be incorrect.
A MOTION was made by Ms. Roberts and SECONDED by Mr. Poisson to deny the re-hearing request.
Voting: 5 ayes; motion carried unanimously.
Chairman Faiman presented the Board with a parking plan that had been submitted by the applicant per the Board's conditional approval of this case.
Discussion ensued as to whether the parking as presented was appropriate.
A MOTION was made by Mr. Jowders and SECONDED by Ms. Roberts to direct the Chairman to inform the applicant that the document provided does not meet the conditions of approval because the proposed configuration does not provide for four accessible parking spaces. Also the Board will allow the applicant until November 30th to provide an alternative configuration of four parking spaces each independently accessible from the road and if such a drawing is not submitted the Board will have to find that the conditions have not been met and the original decision will be voided.
Voting: 5 ayes; motion carried unanimously.
A MOTION was made by Mr. Roberts and SECONDED by Mr. Tuttle to adjourn the meeting.
Voting: 5 ayes; motion carried unanimously.
Chairman Faiman declared the meeting adjourned at 9:10 pm.
Respectfully Submitted,
Heather Loewy Nichols
Clerk
Page 2 of 3
Wilton ZBA
11/9/10
Final Minutes Approved 10/12/10