ENFIELD ZONING BOARD OF APPEALS
MINUTES OF A SPECIAL MEETING
AUGUST 24, 2009
A Special Meeting of the Enfield Zoning Board of Appeals was held on Monday, August 24, 2009, in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman Yarum called the meeting to order at 7:05 p.m.
PRESENT: Peter Yarum, Chairman
Kevin Kibbe
Maurice LaRosa
Mary Ann Turner
Andrew Urbanowicz, Alternate
Charles Mastroberti, Alternate
ALSO PRESENT: Roger Alsbaugh, Assistant Town Planner
MINUTES
Mr. LaRosa made a motion, seconded by Ms. Turner, to approve the Minutes of May 18, 2009. The Minutes were approved by a 5 – 0 – 1 vote. Mr. Kibbe abstained.
CORRESPONDENCE/STAFF REPORT
Mr. Alsbaugh stated the only correspondence is the letter from Janice Ouellette dated May 11, 2009 which really doesn’t pertain to the ZBA at this time. It may eventually end up before this board if there is an enforcement action that is appealed.
Mr. Alsbaugh stated the Board has a copy of the approved application format that is part of the bylaws with an approval date and an effective date. That’s what will be in the updated bylaws. Mr. Alsbaugh stated there were two things that were requested to be put in the application. One was to stake or spray paint the location of any proposed structure and then to indicate that at the first meeting it would be postponed and at the second meeting it would be denied without prejudice.
Correspondence also includes the quarterly newsletter from the Connecticut Federation of Planning and Zoning Agencies, and approval letters for Exxon Mobil and the Provost’s from the May 18, 2009 meeting.
PUBLIC HEARINGS
ZBA 2009-07-01 – Don Baltronis, Applicant and Owner, 41 Lake Drive, Map 97/Lot 68, R-33 Zone, requesting a side yard setback variance of 2 feet, 8 feet proposed, 10 feet required to erect a garage addition – EZO Section 4.10.2H.
Don Baltronis appeared before the Board regarding this application.
Mr. Baltronis stated there is already a garage there and he questioned why he can’t put up another garage. The existing garage is sixty years old. He bought the house twelve years ago. He had a house fire and he went through the whole process of rebuilding and put up a log cabin. He would like to replace the existing garage with a new structure because the existing garage is sixty years old and is going to fall over.
Mr. Baltronis made personal comments about working for NASA and his desire to come home and tinker with a car in his garage. He questioned why he can’t build a new garage. There is already a garage five feet off the property and he would like to replace it.
Chairman Yarum stated Mr. Baltronis is here because he wants to replace a structure that is nonconforming. If he is going to replace that structure, he needs to conform to the current regulations. Mr. Baltronis is seeking a variance because he has a uniqueness to his property. Chairman Yarum questioned if Mr. Baltronis is going to build the garage exactly the way it is. Mr. Baltronis stated he actually would be tucking it in and giving his neighbor space. Chairman Yarum asked if he is changing the foundation. Mr. Baltronis stated he has to put in a foundation.
Mr. Alsbaugh explained the process to Mr. Baltronis. Mr. Baltronis stated he would like to be able to build a new garage so that he can fix his own cars. Mr. Alsbaugh stated Mr. Baltronis has to explain to the Board what he would like to do. Mr. Baltronis stated if the garage is detached, he can meet the code of being off the property line five feet but he can’t go over twelve feet to the center line of his roof. He wants twelve foot doors so it has to be attached. Now, he can’t meet the side line guideline.
Mr. Alsbaugh asked about the garage dimensions. Mr. Baltronis stated the Board should use the Kelly Fradet plans. Mr. Alsbaugh stated the proposed garage is 26’ wide by 34’ long attached to the house according to the Building Department plan. Mr. Alsbaugh stated the Board has to know the size so that they can consider the variance that is needed. Mr. Baltronis is showing that there is an 8’ section between the garage and the house.
Mr. Baltronis stated he can probably move the 8’ in a little more but he is giving himself 8’ because when he builds the stairs down into the garage, he doesn’t want the inspector to say he is an inch off on the run. He is leaving himself enough room to build the stairs and the foyer to attach it to the house so that he doesn’t have a problem later.
Mr. Alsbaugh stated it appears Mr. Baltronis is indicating the eight feet may be required to make sure the stairs meet the code and is therefore proposed as the minimum necessary to accomplish the project.
Mr. LaRosa stated he would like to postpone this hearing. He has reviewed the drawings for a week trying to figure out what numbers were what. He has been out to the property and measured what he portrayed on the property to be what he wanted. The maps don’t match. Mr. Baltronis stated he just stuck the stakes in there.
Because of remarks by the applicant which included obscenities, Ms. Turner asked that the Board adjourn this meeting. Chairman Yarum warned the applicant to stop the profanity.
Mr. Baltronis stated he is going to build anyway. Chairman Yarum asked that the applicant work with the Board.
Ms. Turner stated she also went out and measured the stakes. Mr. Baltronis stated the stakes weren’t right. He can’t put one where it has to be because there is concrete there from the old garage.
Mr. Baltronis stated he had his property surveyed in 2002 when his house burned down.
Chairman Yarum stated Mr. Baltronis is changing the location of the garage and this Board does not have enough information. Mr. Baltronis stated the corner of the new garage is going to be in the same location as the old garage. Chairman Yarum stated Mr. Baltronis is changing the design and the only way he can put up another garage is if it is built on the existing foundation without changing anything. But the applicant wants something bigger and that’s why he is before this Board.
Mr. Alsbaugh stated the plan is that Mr. Baltronis is tearing the old garage down. He plans to build a new garage 26’ x 34’. Mr. Baltronis stated Kelly Fradet drew up blueprints for the garage and he submitted them. Mr. Alsbaugh stated that plan was probably given to the Building Department. This Board did not receive it. Mr. Alsbaugh asked if what was produced by Kelly Fradet is exactly what is going to be built. Mr. Baltronis confirmed that to be the case. It would be built with those dimensions and eight feet from the house with a connector.
Mr. Alsbaugh stated the Board has the as built and they know that is to scale. What he did was scale in the proposal dimensions on the as-built. That gave the amounts for the variance being requested. This Board now has enough information to begin the deliberation.
Regarding the Kelly Fradet plan, Mr. Alsbaugh is not sure it is in the file. He is not sure who has a copy of this plan. Mr. Baltronis stated Mr. Alsbaugh should talk to Joe at Kelly Fradet.
Chairman Yarum stated on this drawing that was submitted, it shows on the far right hand side of the page that Mr. Baltronis found his markers. Mr. Baltronis stated the markers were found in his previous survey. Chairman Yarum noted the markers were found for both the front and rear yards. Mr. Baltronis is showing a dimension of eleven feet between the property line and the edge of the house. He asked where that dimension came from.
Mr. Baltronis stated that is on the other side. Chairman Yarum asked the length of the house. Mr. Baltronis stated 32’ wide. Chairman Yarum stated the breezeway area is going to be eight feet. Mr. Baltronis stated he is proposing eight feet because he wants to make sure he has enough space to make his stairs the proper rise and run. Chairman Yarum stated the front of the garage in width is going to be 26’.
Chairman Yarum stated the applicant doesn’t need to be in front of this Board. He can build his garage without getting a variance. Chairman Yarum stated the eleven feet is accurate. Mr. Baltronis has confirmed the front of the house is 32’. Mr. Alsbaugh stated when you look at the scaled plans with the proposed garage dimensions added, it is either eight feet at the rear or nine feet at the front to the side property line.
Chairman Yarum stated we have eleven feet starting on the north side. Mr. LaRosa has confirmed it is eleven feet. The site plan shows fourteen feet but we’re told now it is eleven feet so the applicant’s drawing is accurate. The applicant has testified the front of his house is 32’. The breezeway is going to be eight feet. The garage is going to be 26’. That totals 77’. The front yard and rear yard are both 88’. That gives Mr. Baltronis 11’ in the front of his house and 10’ in the rear of the house. This is going by the plan submitted. Chairman Yarum reversed that and stated it gives Mr. Baltronis 78’ in the front and 77’ in the rear and he’s got 88’ along the front and rear property lines. This gives him 11’ and 10’. He does not need a variance.
Mr. Alsbaugh stated that would be true if the applicant’s plan is used and not the actual as built plan in the building file. Chairman Yarum asked where the 13.7’ is coming from for the side yard on the north. Mr. Alsbaugh stated that is an as built dimension that was confirmed by Henry Charles Cotton on October 31, 2004. That is the new dimension for the new house.
Chairman Yarum asked about the measurement from Mr. LaRosa. Mr. LaRosa stated from the front corner of the porch to the property line was eleven feet. He measured it. Mr. Alsbaugh stated the Board has a legally supported document by the surveyor and there is no need to go out and measure it. The Board has an as built plan where things are. Ms. Turner stated she worked off the stakes he put in the ground which threw the whole thing off. Ms. Turner noted if he just picks the garage up and moves it over, he doesn’t need to be here.
Mr. Alsbaugh stated the old garage is not staying. Mr. Baltronis stated the best he can do is eight feet. Mr. Alsbaugh asked if Mr. Baltronis can decrease the eight foot dimension between the garage and the house to six feet. Mr. Baltronis stated he won’t know until he knows what the level of the garage will be. He won’t know what his rise and run are going to end up being until he knows where the garage is. Mr. Alsbaugh suggested the length of the garage indicates he can have stairs on the inside of the garage if he needs. Mr. Baltronis stated he could do that. Mr. Alsbaugh stated he could build a six foot wide breezeway and build stairs into the garage. Mr. LaRosa stated he could bring the garage within four feet, keep the steps going down the way they are, come down the steps and walk in your garage door. Mr. Baltronis complimented the Board for their suggestions.
Mr. Alsbaugh stated the applicant is willing to modify his plan to indicate compliance with the zoning regulations. Mr. Baltronis confirmed that he would like to modify his plans.
Chairman Yarum asked if Mr. Baltronis is willing to modify the plans before this Board so that when all the dimensions are totaled across the property, he will fall within ten feet of the property line on the south end of the property. Mr. Baltronis stated he is willing to do that. Mr. Alsbaugh stated if Mr. Baltronis has agreed to change his plan to come into conformity, then this Board needs Mr. Baltronis to agree to withdraw this application. Chairman Yarum asked if Mr. Baltronis is willing to withdraw the application tonight. Chairman Yarum noted instead of making an eight foot breezeway, Mr. Baltronis makes a six foot breezeway or instead of making the garage 26’ make it 24’. Give up two feet. Mr. Baltronis stated he can do that. Chairman Yarum asked that Mr. Baltronis redo his drawings so that he loses two feet somewhere and resubmit them and come in for his building permit.
Mr. Alsbaugh stated Mr. Baltronis does not have to have his Kelly Fradet plans redrawn as the 26-ft. width was confirmed by Mr. Baltronis. Mr. Baltronis just has to go to the building department and change all site plans to indicate a reduction of the space between the garage and the house to six feet. Mr. Alsbaugh will talk to the Building Department and tell them that is what Mr. Baltronis is going to do.
Mr. Alsbaugh presented Mr. Baltronis with his plans. When he reduces the eight feet to six feet, one area will come in two feet and this back one will now be 10’ instead of 8’. Mr. Alsbaugh will issue a letter about all this tomorrow.
Chairman Yarum summarized for the record that the applicant has elected to revise his plans and reduce the width of the breezeway from eight feet to six feet thereby bringing him into compliance with the regulations. He has officially withdrawn his application and therefore there is no vote required before this Board at this time.
ORGANIZATIONAL MEETING
Mr. Alsbaugh stated there is no need for an organizational meeting. The Board already accomplished the application format.
Ms. Turner noted tonight’s applicant did not put the stakes in the right place on purpose and she questioned what will happen with the next application. Chairman Yarum felt that 99.9% of the time people are going to be a little more accurate so that the Board can see where things are going.
Mr. LaRosa stated he is mortified with the number of maps the Board receives. He cited tonight’s application that had four different dimensions. Mr. Alsbaugh stated he made it clear to the applicant that what was submitted was insufficient. Mr. Alsbaugh stated when an applicant submits a map, he has to take it. Ms. Turner stated that is not what she understands from the meeting of the chairs. If an applicant doesn’t provide the proper documents to accept the application, you don’t accept the application. Mr. Alsbaugh stated for the last eleven years he has been here, it has been his understanding that it was up to him to make every attempt to get the Board the proper mapping. Ms. Turner stated the Board should not be accepting applications that are out and out wrong. Mr. Alsbaugh should not be doing the job of the applicant because they are being obstinate. Mr. Alsbaugh stated in tonight’s instance he knew up front what the difficulties were going to be.
Mr. Kibbe asked if the Board could require an actual survey from the applicants so that the dimensions will always be right. Mr. Alsbaugh stated the Board can but the costs involved would be close to $2,000, on average.
Further discussion followed regarding requiring a survey of the property.
OTHER BUSINESS
Chairman Yarum asked for an update on his memo to the Planning and Zoning Commission regarding accessory structures. Mr. Alsbaugh stated for the accessory structures and the lake zones, it is on the next P&Z agenda. They will get all the background items from this Board. It appears that creation of a lake zone will resolve the accessory structure location issue. The only way it can be resolved is to create overlay zones for the lakes. Otherwise, if you do it in R-33 it has to apply to every property in that zone and that is not the intent. You want it specifically to relate to properties that abut Shaker Pines Lake and Crescent Lake.
Chairman Yarum stated the one he is talking about is the one on Second Avenue. Mr. Alsbaugh stated there are two issues requiring zoning ordinance amendments – creation of a lake 33 zone so that accessory structures can be in the front or on the side, and the accessory structure definition issue, which will also be dealt with. He is recommending any deck or platform that is meant to access the structure cannot be considered an accessory structure. It has to be an addition to the house.
Ms. Turner asked if the proposed changes would affect Pheasant Hill. They can put in sheds but they have to stay inside their exclusive use area and must stay x number of feet away from the buffer. Mr. Alsbaugh stated they are a special development and this new rule would not affect them. We’re talking about defining accessory structures so that it can’t be misused with the setbacks as was done on Second Avenue.
EXECUTIVE SESSION
Mr. LaRosa made a motion, seconded by Ms. Turner, to go into Executive Session. Following a unanimous vote, the Board went into Executive Session at 8:00 p.m. to discuss current litigation. Executive Session ended at 8:05 p.m. Chairman Yarum noted there were no votes taken or decisions made during this Executive Session.
ADJOURNMENT
Mr. LaRosa made a motion, seconded by Ms. Turner, to adjourn. Following a unanimous vote, the Board adjourned at 8:05 p.m.
Respectfully submitted,
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Secretary / Acting Secretary
Enfield Zoning Board of Appeals
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