ZONING BOARD OF APPEALS
NOVEMBER 28, 2012
The Zoning Board of Appeals held their regular meeting on Wednesday, November 28, 2012 at 7:30 P.M. Those present were Chairman Hank Himelright, Bruce Unson, Pete Cichetti, Luke Kumburis and Chris Nolan.
Others present were the applicant John Cahill, Jr. and Robert Desmond.
The Chairman opened the meeting with the salute to the flag. There was a motion to table the approval of last months minutes until next month by Peter Cichetti, seconded by Chris Nolan because of corrections. All in favor. So carried.
JOHN E. CAHILL, JR – 164 Nevis Road – Tax Map ID#191.4-1-6
Mr. Cahill has applied for an area variance for a 30-foot setback in the rear of his residence for an addition onto his existing single family residence for his elderly/handicapped parent and grandmother. His property consists of 2.72 acres. Because of the layout of his home, location of his well and septic he is unable to build the addition anywhere else. Bruce Unson asked what the size of the building would be. Mr. Cahill explained that this would be a 30 x 60-foot addition. He is turning his garage into living space and enlarging it by 30 feet. He would also build another garage onto the addition. Chris Nolan asked if there would be a second story. Mr. Cahill has considered that but this would be difficult for his parent and grandparent.
Peter Cichetti asked if he could purchase from his neighbors to the rear. Mr. Cahill said the layout of their property it would not be feasible and there is also a no subdivision clause in the deed. Peter Cichetti also asked if anything could be done in the front yard. There is a wet area in the front, if he went to the front he would still need a variance. The septic and leech fields make it impossible to use the front of the property. Chris Nolan asked Mr. Cahill what the distance is between his neighbor house and his and it is about 75 feet.
Peter Cichetti suggested a site visit to the property so that boundary lines can be determined and see what the construction will look like. Mr. Cahill has it outlined now by 6 x 6’s. Chris Nolan agreed and would like to see the property.
The Chairman stated that it is our job to make sure the applicant has a completed application and Mr. Cahill said he would like to get this application approved as soon as possible or he will have to put his house up for sale. Peter proposed having a site visit and scheduling the public hearing for next month. Chairman Himelright asked if we are going to accept this application tonight.
Mr. Cahill would like to know what is confusing about his application. He explained which are the front, rear and sides of his property. Chris agrees with Peter that we should go and look at the site but not as a site plan review. The Chairman asked again if we can accept this application tonight. Peter said we could but will have to have conditions. The Chairman asked if this is going to take this many months for an application when the applicant has the paperwork that he should have. Mr. Cahill, said regardless of where the neighbors front of the house is fifty feet or 125 feet from the line, it has no bearing on his application.
Peter said Mr. Cahill is asking for a thirty-foot variance, which is substantial.
Bruce said you could accept the application and make the site visit a meeting, then voting on it.
Again, the Chairman asked if we are going to accept the application.
Peter said we could accept the application now but we are better off having the site visit first. Saying that to be better prepared for a public hearing, you should have the site visit first and then accept the application.
Chris read from zoning about area variance, and he thinks that if the application is complete enough tonight it could be accepted. A motion was made by Chris Nolan to accept the application, schedule the public hearing with the condition that we have a site visit on Saturday, December 1st at 9:00 A.M, seconded by Hank Himelright. A roll call vote was held as follows:
Luke Kumburis, aye, Chris Nolan, aye, Bruce Unson, aye, Hank Himelright, aye, Peter Cichetti, nay. Motion passed. So carried.
Hank Himelright asked the board if they are going to agree at our site visit that all issues that are observed at the site will be discussed at the site. This is his concern. Mr. Cahill will let his neighbor know that the board is coming to do a site visit.
The public hearing will be scheduled for Wednesday, December 26th at 7:30 P.M.
A motion was made by Chris Nolan to adjourn at 8:20 P.M.; however, Peter Cichetti disagreed that the meeting should remain open. Bruce Unson seconded the motion.
Filed by
Mary Helen Shannon
For Tamera Connolly