ENFIELD ZONING BOARD OF APPEALS
MIINUTES OF A REGULAR MEETING
APRIL 26, 2010
A Regular Meeting of the Enfield Zoning Board of Appeals was held on Monday, April 26, 2010, in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman Peter Yarum called the meeting to order at 7:02 p.m.
PRESENT: Peter Yarum, Chairman
Maurice LaRosa
Mary Ann Turner
Kevin Kibbe, Alternate (arrived at 7:05 p.m.)
Andrew Urbanowicz, Alternate
ALSO PRESENT: Roger Alsbaugh, Assistant Town Planner
MINUTES
Mr. LaRosa made a motion, seconded by Ms. Turner, to approve the Minutes of April 26, 2010. The Minutes were approved by a 4 – 0 – 0 vote. (Mr. Kibbe was not present for this vote.)
CORRESPONDENCE AND STAFF REPORT
Mr. Alsbaugh reminded the Board that there is a public hearing on the town budget this Wednesday.
Chairman Yarum asked if there is any additional information on the Robbins court case. Mr. Alsbaugh stated no but at some point there is going to be a settlement.
PUBLIC HEARINGS
ZBA 2010-04-01 – Sandra and Ronald Mortensen, Applicants and Owners, 16 Pine Hill Road, Map 79/Lot 83, R-33 Zone, requesting a front yard setback variance of 2 feet, 33 feet proposed, 35 feet required for front entrance addition – EZO Section 4.10.2H.
Sandra Mortensen appeared before the Board regarding this application. Her builder, Ken Clark, joined her a little later in the meeting.
Ms. Mortensen stated her present door is too small for a wheelchair to get in because of the stairs. There is a 32” door and her husband has rheumatoid arthritis. She has all the forms to say her husband is handicapped. She needs to bring her door out closer to the road to make room so that they can get the wheelchair by the stairs. When the house was built originally, a 32” door would fit and if you do it any bigger, it will hit the stairs. It’s a cape so when you come down the stairs, the wheelchair hits the corner stair rail. There is a need to bring it out a little bit so they can get the chair in. Ms. Mortensen stated her back door is a deck with high stairs and her garage access requires someone to go up thirteen stairs to get into the house. In the front of the house there are only two stairs to get in and it is the easiest access to get into the house.
Ms. Mortensen stated if the Board needs any copies of the doctor’s notes that her husband has rheumatoid arthritis, she will provide them. Chairman Yarum did not feel they were necessary unless Ms. Mortensen wants them a part of the public record.
Ms. Turner asked if they are keeping the steps. It looks like they are taking the stair steps that are there now and picking them up and moving them out. It doesn’t look like they are making any kind of lip to make a ramp.
Ms. Mortensen was not sure about down the road but now she wants her husband to come in the front entry way with the two steps because he can walk. It is a matter of time and Ms. Mortensen stated she won’t be able to afford this when her husband is on disability. She wants to do the improvement now when she has the money and later on she will deal with the ramp.
Ms. Turner stated Ms. Mortensen is going to take the steps she has there and pick them up and move them out. Ms. Mortensen stated for now if she can. It’s going to be two steps and coming out both sides of the house. It will take a part of their garden away.
Ms. Turner stated the neighbor’s house actually butts out further than the Mortensen house. Mr. Urbanowicz stated the neighbor’s house does come out farther and they will be pretty close to the same line. Ms. Mortensen stated she is not going out any farther than any of her neighbors. Several of her neighbors have inquired about the public hearing sign and she explained to them what she was doing. None of the neighbors had any objections.
Chairman Yarum stated he viewed the property and he counted seven homes that appear to be closer then 35’. Ms. Mortensen stated she doesn’t know how close the ranch is down the street and two houses away.
Ken Clark, 72 Windsor Street, stated there is no way to get a wheelchair into the house. The front door is a 32” door and it swings and it just misses the staircase. They have to go toward the street with a 36” door.
No audience members were present for this public hearing. Chairman Yarum closed this public hearing.
Mr. LaRosa made a motion, seconded by Ms. Turner, to approve the request for a front yard setback variance of 6 ft., 29 ft. requested, 35 ft. required to construct a front entrance addition, stoop and stair – EZO Section 4.10.2H.
Reference is made to 4 elevations titled: 1) “Front existing elevation, Exhibit 1/ ZBA 2010-04-01”; 2) “Existing Elevation Side, Exhibit 2/ZBA 2010-04-01”; 3) “Proposed Front Elevation, Exhibit 3/ZBA 2010-04-01”; 4) “Proposed Side Elevation, Exhibit 4/ZBA 2010-04-01”; 5) An ‘A-2’ Survey building permit site plan prepared for Jerry West by Creedon Associates on 2/6/85 showing existing and proposed conditions and marked “Exhibit 5/ZBA 2010-04-01”, and to all documentation and discussion under ZBA 2010-04-01.
Mr. LaRosa stated he did some research and found Federal Housing Act 42USC, 3601 through 3631, and Americans for Disabilities Act 42 – 12101 through 12213. A lot of times the Board discusses how they can’t grant variances for medical reasons because the variance needs to go with the property. However, under these two acts through the federal government it states a variance may be required to be granted by the ZBA. In such an instance, the variance does not have to apply to the land but rather make reasonable accommodations in accordance with the FHA and ADA to assist a handicapped person. So under those federal guidelines, Mr. LaRosa would like to approve the variance.
The motion was approved by a 5 – 0 – 0 vote.
The reason for approval is the testimony from the applicant was that the individual was legally handicapped and this follows federal FHA and ADA guidelines which make reasonable accommodations for the handicapped.
ADJOURNMENT
Mr. LaRosa made a motion, seconded by Ms. Turner, to adjourn. Following a unanimous vote, the Board adjourned at 7:20 p.m.
Respectfully submitted,
______________________
Mary Ann Turner, Secretary
Enfield Zoning Board of Appeals
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