MINUTES
MAY 14, 2008
Chairman Pellegrine called
the meeting to order at 7:00 p.m. in the Council Chamber of the
Present: Members –
Fraenkel, Katz, Pellegrine, Wright
Alternate
– Accorsi, Clauson, Gotch
Absent: Member
– Singer-Bansal
JEFF WEBSTER (CONTINUANCE) – 7:00 PM
To hear comments on the
application of Jeff Webster,
Jack Clauson recused himself
from this hearing. Accorsi acted as
regular voting member.
A Neighborhood Opinion Sheet
was received, signed by abutter, Donna Clauson, showing no objections.
Mr. Webster reiterated that
his hardship is caused by his septic, ledge and wetlands.
BUSINESS MEETING
Katz made a motion to
approve the application of Jeff Webster,
All in favor: Accorsi, Fraenkel, Katz, Pellegrine, Wright
Reasons for approval:
-
Severe constraints due
to wetlands, ledge and septic area
-
Not a very significant
variance request
VOL 4, PG 187
-
Topography is a
hardship
-
Property on side of
addition will not be affected
At this time, Clauson
rejoined the Board.
APPROVAL OF MINUTES FROM APRIL 9, 2008
Fraenkel moved to approve
the minutes of April 9, 2008 as presented.
All in favor.
4/1/08 PROPOSED ZONING BOARD OF APPEALS FEE SCHEDULE
This was passed by the Town
Council on April 28, 2008, as proposed.
NORMAN & MEGAN MEIKLE – 7:30 PM
To hear comments on the
application of Norman & Megan Meikle, 98 Depot Rd, for a Variance of Art
VIII, Sec B.4,b&c, Exceptions to the Schedule of Dimensional Requirements,
to erect a 24’ above ground pool within the required setback lines, 10’ for
side yard and 35’ for rear yard.
Gotch acted as regular
voting member for this hearing.
Mr. Meikle wants to install
a 24’ diameter pool and is requesting a 10’ side and 35’ rear yard variance. The location was chosen to preserve old trees
on the property and to allow direct sunlight to the pool. The septic system
prevents the pool from being placed directly behind the house. There
is an existing fence between their property and the abutters plus an additional
fence will be installed around the pool.
A Neighborhood Opinion Sheet
was submitted, showing no objections.
Parking for Thompson’s Store
is to the rear of the property and should not be adversely affected by the
pool. Fraenkel asked if the pool could
be moved further from the side yard so as not to disturb their abutter, making
a side yard variance unnecessary. The
applicant agreed to this suggestion.
VOL 4 PG 188
BUSINESS MEETING
Fraenkel moved to approve
the application of Norman & Megan Meikle,
All in favor: Fraenkel, Gotch, Katz, Pellegrine, Wright
Reasons for approval:
-
Septic location is a
hardship
-
No negative impact on
neighborhood
-
Non-conforming lot
ROSS LJ&G PROPERTIES LLC – 8:00 PM
To hear comments on the
application of Ross LJ&G Properties, LLC, South Bedlam Rd (west side), for
a Variance of Art VIII, Sec A, Schedule of Dimensional Requirements, to
construct a single-family house on a lot having 110.57’ less than the required
frontage and 11,130 sq ft less than required lot area.
Atty. Samuel Schrager represented
Ross LJ&G Properties, LLC. A
variance is being sought for lot area and road frontage. The Chaplin Zoning Board of Appeals granted a
variance for the small parcel in Chaplin, .275 acres, to create a legal
building lot at the town line. They have
since received a legal opinion that states that a town line does not constitute
a property line for purposes of zoning regulations. They are now proposing to put the house on
the
This parcel was created in 2005
with the Aurora Estates subdivision.
A Neighborhood Opinion Sheet
was submitted showing objections from neighbors, Robert Lennon, Joseph Cerreto,
& Jeffrey Bouchard.
Mr. Tom Smith, owner of Lot #4
of Aurora Estates, voiced his opposition of this plan due to concerns regarding
the cutting of trees and feels that the applicant does not have a true
VOL 4 PG 189
hardship. He suggested that if Mr. Ross receives approval
for this plan, that deed restrictions be put in place to restrict the location
of the house and to create a “no development” buffer zone to provide privacy
screening. He submitted a letter
expressing his views.
Mr. Robert J. Lennon, owner of
20 Jackson Lane, objected to the requested variance. He believes the proposed plan would disrupt
the character of the neighborhood, affect wildlife, and disrupt the historic
value of the land – all for financial gain.
He pointed out that there is a town conservation easement on the
properties along South Bedlam Road, including this particular lot. He feels the house should be of similar value
to surrounding houses and is concerned that the common driveway, used by Aurora
Subdivision land owners, would be impacted.
He believes that this is a self created hardship. He submitted a letter expressing his views.
Mr. Joseph Cerreto, 6 Jackson
Lane expressed his opposition to the proposal.
Mr. Jeffrey Bouchard, 81 South
Bedlam Road, agreed with his neighbors and opposes the proposed plan. His property is in both Chaplin and
Mansfield, with the house on the Chaplin side.
Mr. Brian McCarthy refuted
Attorney Schrager’s claim that lots in this area, notably the lot on the corner
of Shuba Lane and South Bedlam Road, were similar in nature.
Attorney Schrager disagrees
that this is a self-created hardship. He
believes the hardship is created by the location of the town line and requests
that the Board seek the town attorney’s opinion.
Mr. Larry Ross has lived and
worked in this town for many years. He
has worked in real estate since about 1998 and feels that he has taken into
consideration environmental issues and would like to work with his neighbors to
address their concerns.
This hearing was recessed until
after the next hearing which was scheduled to begin at 8:30 p.m.
BECKY & SCOTT LEHMANN – 9:10 PM
To hear comments on the
application of Becky & Scott Lehmann, 532 Browns Rd, for a Variance of Art
VIII, Sec A – Schedule of dimensional requirements, to construct a 14’ x 18’
addition onto an existing residence that will encroach 9’ into the required
rear yard.
A Neighborhood Opinion Sheet
was received, showing no objections.
VOL 4 PG 190
Mr. Scott Lehmann said they
would like to add an addition to include a first-floor bedroom and bath. This is the only location to put an addition
due to the septic system on one side and access to the back yard on the other
side.
BUSINESS MEETING
Wright made a motion to
approve the application of Becky & Scott Lehmann, 532 Browns Rd, for a
Variance of Art VIII, Sec A – Schedule of dimensional requirements, to
construct a 14’ x 18’ addition onto an existing residence that will encroach 9’
into the required rear yard, as shown on submitted plan.
All in favor: Clauson, Fraenkel, Katz, Pellegrine, Wright
Reasons for approval:
-
No other place for
addition
-
Well and septic creates
hardship
-
Topography
-
Addition will be a good
distance from property line
-
There are no neighbors
that will be affected
ROSS LJ&G PROPERTIES, LLC (CONTINUED)
It was decided that Chairman
Pellegrine will seek legal counsel from the town attorney. The hearing was continued until the June 11,
2008 meeting.
ADJOURNMENT
Meeting was adjourned at
9:45 p.m.
Respectfully Submitted,
Julie Wright
Secretary