MINUTES ARE NOT OFFICIAL UNTIL APPROVED AT A SUBSEQUENT MEETING.

 

TOWN OF SOMERS

ZONING BOARD OF APPEALS

REGULAR MEETING MINUTES/PUBLIC HEARING

THURSDAY, NOVEMBER 14, 2002

 

 

Call To Order

The meeting was called to order by Chairman John Torres at 7:34 p.m.

 

Members Present   

Present were: Chairman John Torres and regular members Edward Mack and Daniel Scully.  Alternate members Kenneth Young and James Meagher, Jr., were also present.  Members Pamela Lloyd and James Beaulieu were absent.

 

Public Hearing

          1.  Dorothy P. Stolarz

Acting Secretary Edward Mack read the legal notice for Mrs. Stolarz’s request.  She is requesting a 15' side yard setback variance at her property at 59 Maple Ridge Drive to construct a family room and oversized one car garage, attached to her home.

 

Her hardship is the width of the lot, which is only 80 feet.  She noted that 8 homes on Maple Ridge Drive have attached 2-car garages, and all of the lots on the street are roughly the same width.

 

Three letters from neighboring property owners (Dobosz, Swiatek, and Kingsbury) in favor of the project were received by the Board.  No letters or comments that were against the variance were received.

 

          2.  Joseph R. Russo

Acting Secretary Edward Mack read the legal notice for Mr. Russo’s request for a variance of the side yard setback in order to construct a detached garage/workshop on his property at 479 Ninth District Road.

 

Mr. Russo provided a map of his property to show the existing buildings and extended driveway on his property.  The steepness of and shape of his lot, as well as the location of the existing well and driveway limit the area in which he can construct the garage.  He also noted that due to a family member’s illness and his desire to heat the garage with wood, the shop needs to be located away from the dwelling.

 

One letter from abutters, Mr. And Mrs. Wood, in favor of proposed variance, was received.  No one in the audience came forward to speak for or against the request for variance.

 

          3.  Carolyn M. Williams

Acting Secretary Edward Mack read the legal notice for Ms. William’s request for a side yard variance to install an in-ground pool on her property at 88 Franklin Woods Drive.

 

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MINUTES ARE NOT OFFICIAL UNTIL APPROVED AT A SUBSEQUENT MEETING.

 

ZBA Regular Meeting Minutes

November 14, 2002

Page 2

 

Ms. Williams explained that prior to purchasing the house approximately 1 month ago, she spoke with Steve Jacobs, Town Sanitarian, regarding the possibility of installing an in-ground pool on the property.  He reviewed the property and found that the only suitable area requires a side-yard variance of 18' due to the location of the leach field and terrain of the property.

 

The pool contractor, Brian Juliano explained the proposed project.  He noted that the pool will be 7' or more from the property line.  A fence will be installed around the pool.  He explained that excavation will be approximately 5' deep, the same depth as a leach field.  The pool will have a concrete liner, if a leak were to occur, the ground could easily absorb any drainage.

 

Mr. And Mrs. Meunier of 78 Franklin Woods Drive are abutting owners.  Mrs. Meunier expressed concerns over the possibility that excavation might cause flooding onto her property and possibly into her basement.  She has had problems in the past due to construction that took place further up on Franklin Woods Drive.  She noted that several other property owners, on the opposite side of the street, had also had flooding problems.

 

Mr. Torres noted that the Zoning Board of Appeals only approves or denies variance requests based on the location of a proposed project.  Applicants must still meet the requirements of all other applicable officials and boards prior to receipt of a building permit.

 

No one else in the audience came forward to speak for or against Ms. Williams request for a variance.

 

A motion was made by Mr. Scully, seconded by Mr. Meagher, Jr., and unanimously voted to close the public hearing at 8:06 p.m.

 

REGULAR MEETING

 

The regular meeting was called to order by Chairman John Torres at 8:07 p.m.

 

Minutes Approval - October 10, 2002

After brief review of the minutes, a motion was made by Mr. Meagher, Jr., seconded by Mr. Young, and unanimously voted to accept the minutes of the meeting of October 10, 2002 as presented.

 

Public Hearing Discussion/Decision

          1.  Dorothy P. Stolarz

Members discussed Mrs. Solarz’s application.  After discussion, a motion was made by Mr. Mack, seconded by Mr. Meagher, Jr., and unanimously voted to table further discussion and vote on the application.  Vote was unanimously in favor of the variance request.

 

          2.  Joseph R. Russo

MINUTES ARE NOT OFFICIAL UNTIL APPROVED AT A SUBSEQUENT MEETING.

 

ZBA Regular Meeting Minutes

November 14, 2002

Page 3

 

Members discussed Mr. Russo’s request for a variance.  After discussion and review of the map, a motion was made by Mr. Scully, seconded by Mr. Young, and unanimously voted to table further discussion and vote on the variance request.  Vote was unanimously in favor of the variance request.

 

          3.  Carolyn M. Williams

Members reviewed and discussed Ms. Williams’ request for an 18' side yard setback variance.  After discussion, Mr. Young made a motion, seconded by Mr. Meagher, Jr., and unanimously voted to end discussion and vote on the application.  Vote was unanimously in favor of the variance request.

 

Old Business

There was no old business brought up for discussion.

 

New Business

          1.  Regular Meeting Date Schedule - 2003

No discussion.

 

          2.  Future Capital Budget Project Request Review

Mr. Torres reviewed a memo received from the Treasurer’s Office regarding capital budget project requests.  Any requests for the upcoming fiscal years of 2003 through 2007 are due in the Treasurer’s Office by November 15th.

 

Members held brief discussion over possible requests.  The existing file cabinet is insufficient for storage of all past applications.  An additional file cabinet will be needed in the near future.

 

Members also discussed the possibility of utilizing digital photography to assist the Board in their review of an application.  If one of the members could photograph the applicant’s site, all members could review it on a t.v. monitor at the meeting, making it easier for the applicant to explain the request and the members to understand the proposed hardship.  It was felt that the cost of the camera would be approximately $250 plus supplies.  A t.v. monitor would also be needed for viewing.

 

Identification badges for Board members were also briefly discussed.  No decision was made.  Mr. Meagher, Jr., asked that applicants provide more details and detailed maps or sketches regarding their variance request.  Sometimes it is not possible for all members of the Board to visit a site prior to the meeting.

 

Mr. Torres noted that alternate members need to be careful not to make or second motions, or vote on matter if they are not seated.

 

Correspondence

There was no correspondence brought up for discussion.

 

MINUTES ARE NOT OFFICIAL UNTIL APPROVED AT A SUBSEQUENT MEETING.

 

ZBA Regular Meeting Minutes

November 14, 2002

Page 4

 

Bills

A motion was made by Mr. Young, seconded by Mr. Scully, and unanimously voted to pay all outstanding bills, including $354.15 to the Journal Inquirer for legal advertising.

 

Adjournment

A motion was made by Mr. Young, seconded by Mr. Mack, and unanimously voted to adjourn the meeting at 8:37 p.m.

 

Respectfully Submitted,

 

 

 

Edward Mack

Acting Secretary