Zoning Board of Appeals - Minutes - 11/04/2020

MINUTES
SPECIAL MEETING
AMENDED
November 4, 2020
Zoning Board of Appeals
6:30 PM
Remote Access
Joshua. Friedman, Chair Catherine Newlin; Vice Chair; Anne Darling, Secretary;
Members Present:
Michele Kripps 5
Members Absent: Warren Mackenzie = S
Alternates Present: Jason Maryeski, Darcy Van Ness a 5
Alternates Absent: Danielle McCarty ~!
Staff Present: Jill Pisechko, Zoning Official; Robert Avena, Town Attorney; Anna Scanlon, “2
Recording Secretary —
ho
1) CALL TO ORDER AND APPOINTMENT OF ALTERNATES a
Chair Friedman called the meeting to order at 6:30 PM and appointed Darcy Van Ness to sit for Warren Mackenzie and
Jason Maryeski to sit for Anne Darling as she had to recuse herself for business reasons.
2) APPROVAL OF MINUTES
A consensus of the board approves the minutes of the Special Meeting, October 1, 2020.
3) PUBLIC HEARING
Application #ZBA-20-7 - Appeal of James & June Wino, owners and applicant and Brian Florek, LS, agent at 4 Ellen
Ward Road, C-MF zone. Variances are requested from zoning regulations section 8.4— Side yard setback variance of 7.5
feet to allow a side yard setback of 22.5 feet, and 16.1 — Minimum Lot Size variance of 3,415 square feet to allowa
minimum lot size of 26,585 square feet. Variances are required to fix an overlapping boundary issue discovered on
deeds brought forth which did not properly compensate for the residential structures as shown on plan entitled "Lot
Line Revisions Survey, Property Belonging to James & June Wino, 4 Ellen Ward Road" dated 10/14/2020.
The following exhibits were read into the record:
EXHIBIT 1. — Application and Support Material for 4 Ellen Ward Road dated September 14, 2020
EXHIBIT 2. Site Plan Dated October 14, 2020
EXHIBIT 3. *Certificates of Mailing, dated October 16, 2020
EXHIBIT 4. ZEO Memo dated, October 26, 2020
Brian Florek, LS, agent addressed the board. Mr. Florek stated that once he did the requested survey of the property
he discovered an issue with the deed of 4 Ellen Ward Road, the deed that was in three pieces. The structure on 6 Ellen
Ward Road is over the property line and has been that way approximately since the 1940's and kept on repeating the
same deed going forward. Mr. Florek would like to propose to create a new quit claim deed to correct this issue.
*Town Attorney Robert Avena, requested more history on the ownership and transfers that have occurred and how
the structures got there. Mr. Florek did not have documentation with him to answer. Attorney Avena, stated, lot 6 is
becoming less non-conforming, and over time the three lots became separate lots of record. Even though they are
owned by the same owners, the owners have the Board look at each lot separately. The owners are proposing to get
rid of a non-conformity which is part of the main structure and on a different lot and that is certainly a legal reason to
correct the lot sizes. In doing so, there are two variances that are necessary to correct the error that resulted ina
residential structure that crosses over two separate town parcels.
There was no public comment.
*Amendments —ZBA-20-7 Exhibit 3 ;Town Attorney Statement

MOTION: Motion made by Michele Kripps seconded by Darcy Van Ness to close the public hearing on
Application #ZBA-20-7.
VOTE: 5-0
There being no further comments or questions, the public hearing was closed at 6:57 PM.
4) OLD BUSINESS
Application #ZBA-20-5 - Appeal of Nevil C. & Gloria J. Petrini, owners and applicant and James Bernardo, LS, agent at
23 Division Street, R-20 zone. Variance is requested from zoning regulations section 4.4.1—-Front yard setback variance
of 20 feet to allow a front yard setback of 30 feet. Variance is required to construct an addition to an existing single
family dwelling as proposed on plan entitled "Zoning Location Survey, Property of Nevil C. Petrini & Gloria J. Petrini for
property located at 23 Division Street" dated August 28, 2020.
MOTION: Motion made by Catherine Newlin; seconded by Michele Kripps to approve Application #ZBA-20-5.
Board voted to approve, and adopted the findings of the staff as to legal hardship and reason for variance.
VOTE: 5-0
5) NEW BUSINESS
a) Budget Fiscal Year 2022 Review
MOTION: Motion made by Darcy Van Ness seconded by Catherine Newlin to approve the 2022 Fiscal Year
Budget for the Zoning Board of Appeals.
VOTE: 5-0
MOTION: PASSED
b) Annual Report Fiscal Year 2020 Review
Brief discussion on reevaluating the Zoning Board of Appeals processing fees.
6) CORRESPONDENCE
There was no correspondence.
7) ADJOURNMENT
MOTION: Motion made by Cathy Newlin and seconded by Michele Kripps, to adjourn the meeting at 7:20 PM.
VOTE: 5-0
Respectfully Submitted,
Anna Scanlon
Recording Secretary
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ZBA SPECIAL MEETING MINUTES| NOVEMBER 4, 2020 | REMOTE ACCESS