Zoning Board of Appeals—February 25, 2014
Middlefield Zoning Board of Appeals
Regular Meeting
February 25, 2014
Minutes
(Approved on March 25, 2014)
1. Meeting called to order at 7:09 by Chris Champagne.
2. Roll Call:
Present wereChris Champagne-regular, Dave Glueck-regular, Pat Olszewski-regular, Lars Selberg-regularand Joe Angello-regular.
Dave Glueck read Legal Notice for the Public Hearing.
3. Agenda:No changes presented
4. Motion was made by Chris Champagneto approve the agendaas publishedThismotion was seconded by Lars Selberg and approved by all members.
5. Minutes: Page 2 1st paragraphcorrect typos aesthetics and application and add sentence “There were none”.
Also 2nd paragraph add sentence “There were none.”
Motion to approve minutes of January 28 2014 ZBA meeting as amended was made by Dave Glueck seconded by Pat Olszewski and approved by all members.
Motion to recess regular meeting and open the Public Hearing for 17 Louis Rd. was made by Lars Selberg, seconded by Joe Angello and approved by all members.
Mr. Champagne stated the members have visited the property for prior applications and asked Mr. Darmanin to explain his application. Planning and Zoning found a regulation about additional lots in a subdivision. Best explained, Mr. Darmanin is asking for an additional lot to the original subdivision.
For the record Mr. Champagne read the notice Mr. Darmanin sent to his abutting neighbors. Mr. Champagne spoke about the previous variances granted and to clarify it is not whether there can be an interior lot but rather if the number of interior lots can be changed.
Mr. Darmanin didn’t feel where the house will be placed should have an impact on the rest of the neighborhood. Mr. Darmanin explained the hardship. His initial thought would be better use of the land and he would be granting it to his son for “a better head start in life”. Mr. Champagne marked ZBA exhibit A as an A2 survey revised 10/26/14 and a site plan revised 10/31/14 marked as exhibit B. The open space easement was discussed. Mr. Darmanin explained he had several meetings with Planning and Zoning and the Town Planner and the easement was not discussed as an issue for his proposal. Mr. Darmanin said he was formally told by Mr. Johnson at the P&Z meeting this would not be approved because of the regulation. He was advised by council to withdraw his application and presuming the ZBA would grant the variance the P&Z would then waive their fees for an additional P&Z application. Mr. Glueck questioned the total number of lots. Mr. Champagne read for the record the zoning regulation 09.05.04. Mr. Champagne read the regulations of exterior lots, corner lots and interior lots. Discussion regarding interior lots continued referencing the tax assessor’s map pertaining to the subdivision. Mr. Selberg suggested they look into the definition of “subdivision”. The commission continued to look at the regulations for Zoning and Subdivisions. For the record the definitions of interior lots is in section 02.12.02.02 to be applied for this application. Mr. Darmanin stated the P&Z commission and Mr. Colgrove (Town Planner) said there were 10 exterior lots and 5 interior lots approved in the subdivision.
Discussion continued. Mr. Champagne discussed Mr. Darmanin’s application regarding the previously approved variances and whether a new interior lot could be created. His hardship should be “there is no other way to subdivide the property without allowing 1 more lot from regulation 09.05.04.
Site plans are marked exhibit B and the mailings are marked exhibit C.
The record reflects the only person present is Mr. Darmanin. Mr. Champagne read a letter into the record from Steve Fowler, marked exhibit D, and commented that each application is handled individually and consistency is discussed.For the record a letter from Mr. and Mrs. Tripoli was read and marked exhibit E. The subject of setting precedence was clearly addressed by Mr. Champagne and he stated the committee rules on variances on a case by case basis. Discussion continued. Mr. Selberg questioned the term “back lots” and was concerned about the regulations regarding that term. He also questioned if the subdivision regulations could be varied by ZBA. Mr. Glueck echoed those concerns. Mr. Champagne explained the board does not have the expertise regarding subdivision regulations.
Mr. Darmanin spoke about the letters presented at the public hearing from Mr. Fowler and Mr. Tripoli. Mr. Darmanin clarified the P&Z did call his lot and interior lot and did not mention the other lots in that subdivision. Mr. Darmanin continued to rebut his application. The committee questioned the open space easement. The committee asked if they could get any documentation to prove this could become a lot.
Discussion continued about the interpretation of the issues regarding interior lots. Mr. Selberg stated when P&Z approves a subdivision maps are submitted for recording. Mr. Champagne asked the commission what personnel should be present to make a decision regarding this issue (subdivision). Set back lines were discussed in detail. A list of questions will be presented to atty. Branse. For the record Sec 4 General Requirements of the Subdivision Regulations was presented. The Public Hearing continued and all agreed more information will be needed for the continuance on March 25, 2014.
Mr. Olszewski will check with the tax assessor regarding the open space easement. Council will be contacted. Mr. Selberg suggested the members might wasn’t to revisit the site. For the record Mr. Champagne’s observation from his site visit was the top of the new structure would not easily be seen from the street. The only issue the committee will focus on is “if another building lot can be added to a subdivision”. Mr. Champagne also talked about conditions of the variance if approved. The discussion continued.
Motion to recess and continue the Public Hearing for 17Louis Rd. until March 25, 2014 was made by Lars Selberg, seconded by Pat Olszewski and approved by all members.
6. 17 Louis Rd.
Mr. Champagneput the exhibits together for the continuance.
7. NewBusiness no new business
8. Chairmen’s’ Report: FOI meeting 2/6/14 was noted if any members would like to attend.
9. Elections of Officers
Motion to maintain the state of officers as is was made by Dave Glueck, seconded by Lars Selberg and approved by all members.
10. Miscellaneous: Nothing new.
11. Adjournment
Motion to adjourn the meeting at 10.20 was made by Pat Olszewski, seconded by Joe Angello and approved by all members.
Prepared from CD by Nancy DavidsonPage 1