Approved 6/28/2017 GUILFORD ZONING BOARD OF APPEALS MINUTES June 28, 2017

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1 Approved 6/28/2017 GUILFORD ZONING BOARD OF APPEALS MINUTES June 28, 2017 Call to order: The meeting was called to order at 7:30 p.m. by Chairman Joseph Ametrano. Present were members: Ametrano, Fennelly, Lattanzi, Trotta and Kops Comments from Town engineer were read R3421 Amy Blume, for 315 Boston Street, a 20 variance from the side yard setback requirements and a 40.2 variance from the sum of the side yard setback requirements of A (2) (B) to allow a breezeway to the garage with a room over the garage. Request to void variance R3393 granted 07/27/16. Assessor s Map 41, Lot no. 3-4, R-3 zone. Tom McMahon was present to address this application. He presented a map to the board indicating the location of the septic system on the property. He stated that the reserve system and the current system restrict building in the rear of the property which creates a hardship. There are no complaints from any of the neighbors. A note rescinding the previous variance is attached. Mr. Kops stated that there have been objections by the neighbors before. Mr. McMahon stated that they ve gotten letters, if they had any objections they could come to the meeting. This construction should not pose a hardship for them and they are pleased the addition is going on the opposite side. Mr. Ametrano asked if he built this house. Mr. McMahon stated they are the second owners. Mr. Ametrano asked if other additions have been put on. Mr. McMahon stated they have. R3426 Carolyn Pools, for 13 Lantern Hill Lane, a 12 foot variance from the interior lot setback requirements of A (2) (b) to allow installation of a 20 x 34 inground pool. Assessor s Map 86, Lot No. 4-16, R-5 zone. This application has been withdrawn R3427 Sarah & Dean Brown, for 61 Dolan Drive, a variance from the lot coverage requirements of Table 3, Line 10 to allow 8.18% to allow addition of shed roofs to garage for storage and remove and replace screen porch. Assessor s Map 66, Lot no. 45, R-8 zone. Dean Brown presented maps to the board. The zoning has changed from an R-6 to an R-8. No one in the neighborhood has any objections to the construction. The soil testing has been done in compliance with the request by Dennis Johnson. R3428 Elizabeth McCleery, for 25 Old Quarry Road, a request release of Easement and Restrictive Covenant Agreement in favor of Town of Guilford recorded 6/15/07, Volume 747, Page 538. Assessor s Map 11, Lot no. 13, R-5 zone. Attorney John Dillon was present to address this application. He presented maps to the board. The newly configured lot 19 and the merger of the former 25 Old Quarry Property has created Lot 26. They have come before the board asking for a release of the easement on the property which is no longer necessary. Mr. McCleery gave the history of the property. 1

2 R3429 Kyle Samuel, for 3 Adirondack Lane, request to remove condition of approval to plant 8 tall evergreen trees in the rear of property. Assessor s Map 82, Lot no. 25-A7, R-8 zone. When the pool was installed the neighors requested a row of evergreens to be put in the back of the property. He would like to plant hydrangeas instead. There are no neighbors at the back of the property. Mr. Trotta stated that there is a lot of wooded area on the property. Mr. Samuel stated there is woods surrounding the property. Mr. Kops asked how this came about. Mr. Samuel stated that he bought the house from the bank, completely cleaned up the yard and the pool and landscaping. A neighbor has since complained that the previous owners did not plant the evergreens. Mrs. Reid confirmed that the neighbor complained that the evergreens were not planted. Mr. Samuel stated the neighbor that complained in on the side of the property, not the rear. R3430 Amerco Real Estate Company, for Charles Mannix, 301 Boston Post Road, a 20 ft variance from the maximum street setback requirements of E (2) to allow construction of a self storage facility. Assessor s Map 49, Lot no. 30 & 31, TS zone. Attorney Bernard Pelllegrino was present to represent the applicant. The civil engineer was also present He stated that there are two lots that will be merged to create a self storage and U-Haul rental building. In the TS zone there is a maximum setback of 50 feet, this will actually be 70 feet from the road. The existing building is nonconforming, the new building will be more conforming. Dave Gagnon, civil engineer from Langan Engineering stated that they have met with the design review committee several times to make this facility fit in with the surrounding area. They have met all the restrictions that are on this property. The existing building is 81.9 feet from the street, the new building will be 70 feet from the street line. The landscaping will be enhanced in front of the building. Attorney Pellegrino stated they are outside of any rear setbacks. There are things proposed that limit the location of the building. Mr. Ametrano asked what the impact would be if the building is pushed back. Mr. Gangon stated it would impinge site lines Attorney Beatty stated he is filling in for attorney Lambert who represents Boston Post Rd LLC. There hasn t been an issue of hardship presented to the board. The drainage easement would not cause the building to be moved closer to the street. This would create a nonconformity under the circumstances that are being presented. John Trotta asked if the property owner is adversely affected. Atty Beatty stated it is not in keeping with the neighborhood. Mr. Milano owns the property across the street. He stated it is a very large over scaled building. Mr. Kops stated that isn t what s before the board tonight, only the setback issue. Attorney Pellegrino stated the setback that is proposed is less of an impact than pushing the building closer to the street. Brian McGlone, Economical Development Coordinator stated they have been before design review multiple times. Their original request was at 50 feet, the DRC have requested moving this building back. David Gagnon stated that they were pushed into the location due to setbacks and allowing a turning radius R3431 Jonathan Trotta, for 74 Bayberry Lane, a 3.4% variance from the lot coverage 2

3 requirements of Table 3, Line 10 to allow 18.4% for construction of a 28 X 24 attached garage. Assessor s Map 8, Lot no. 17, R-2 zone. Mr. Trotta recused himself and Paul Bombaro land surveyor represented the applicant. The lot coverage will increase to 3.4%. He presented photographs to the board. This will allow for storage on a very small lot. The hardship is the severely sloping driveway and drainage issues that this construction will alleviate.. The public hearing closed at 8:55 PM and the business session began immediately. R BLUME During discussion it was noted that here have been other variances granted on this property. The language is not strong enough to withdraw the previous variance. It was requested of the applicant to have an attorney advise on the proper procedure. A motion was made and seconded to deny this application without prejudice. Voting in favor of denying this application without prejudice were members: Ametrano, Fennelly, Lattanzi, Kops and Trotta with no one voting in opposition. The following vote was adopted: WHEREAS, Amy Blume, for 315 Boston Street, a 20 variance from the side yard setback requirements and a 40.2 variance from the sum of the side yard setback requirements of A (2) (B) to allow a breezeway to the garage with a room over the garage. Request to void variance R3393 granted 07/27/16. Assessor s Map 41, Lot no. 3-4, R-3 zone. WHEREAS, Multiple variances have been requested for this property WHEREAS, The request to withdraw the previous variance should have come under the advisement of an attorney. BE IT THEREFORE RESOLVED, this application is hereby denied without prejudice R Brown During discussion it was noted that the change in zoning creates the hardship. This has no adverse impact on the comprehensive plan. A motion was made and seconded to approve this application. Voting in favor of this application were members: Ametrano, Fennelly, Trotta, Kops and Lattanzi with no one voting in opposition. The following vote was adopted: WHEREAS, Sarah & Dean Brown, for 61 Dolan Drive, a variance from the lot coverage requirements of Table 3, Line 10 to allow 8.18% to allow addition of shed roofs to garage for storage and remove and replace screen porch. Assessor s Map 66, Lot no. 45, R-8 zone. WHEREAS, This has no adverse impact on the comprehensive plan. WHEREAS, The change in zoning creates the hardship BE IT THEREFORE RESOLVED, This application is hereby approved, effective at such time as it is recorded upon the Guilford Land records. R McCleery During discussion it was noted that this was requested by the town. A motion was made and seconded to approve this application. The following members voted in favor of this application. Ametrano, Fennelly, Trotta, Kops and Lattanzi with no one voting in opposition. The following vote was adopted: WHEREAS, Elizabeth McCleery, for 25 Old Quarry Road, a request release of Easement and Restrictive Covenant Agreement in favor of Town of Guilford recorded 6/15/07, Volume 747, Page 538. Assessor s Map 11, Lot no. 13, R-5 zone. 3

4 WHEREAS, This has no adverse impact on the comprehensive plan. BE IT THEREFORE RESOLVED, This application is hereby approved, effective at such time as it is recorded upon the Guilford Land records. R Samuel During discussion it was noted that this was a condition that was placed when the pool was installed. This application will be continued until the July 26, 2017 hearing to allow discussion with the neighbors. A motion was made and seconded to continue this application. The following members voted in favor: Ametrano, Lattanzi, Fennelly, Kops and Trotta with no one voting in opposition. The following vote was adopted: WHEREAS, R3429 Kyle Samuel has requested for 3 Adirondack Lane, request to remove condition of approval to plant 8 tall evergreen trees in the rear of property. Assessor s Map 82, Lot no. 25-A7, R-8 zone. WHEREAS, The applicant should contact the neighbor to try and come to an agreement BE IT THEREFORE RESOLVED, This application is hereby continued until the July 26, 2017 hearing. C3430 Amerco During the discussion it was noted that there was a hardship demonstrated. This is consistent with the comprehensive plan. The septic and the easement contribute to the hardship. The DRC is advising the applicant as to where they would like the building to be built. A motion was made to approve this application and seconded. The following members voted in favor: Ametrano, Lattanzi, Trotta, Kops and Fennelly with no one voting in opposition. The following vote was adopted: WHEREAS, Amerco Real Estate Company, for Charles Mannix, 301 Boston Post Road, a 20 ft variance from the maximum street setback requirements of E (2) to allow construction of a self storage facility. Assessor s Map 49, Lot no. 30 & 31, TS zone. WHEREAS, This is in keeping with the requests of the Design Review committee. WHEREAS, The fire department has requested access on all side of the building. WHEREAS, This has no adverse impact on the comprehensive plan. BE IT THEREFORE RESOLVED, This application is hereby granted, effective at such time as it is recorded upon the Guilford Land Records. R Trotta Mr. Trotta recused himself. During discussion it was noted that this has no adverse impact on the comprehensive plan. There are major drainage issues that this will correct. A motion was made and seconded to approve this application. The following members voted in favor of this application: Ametrano, Lattanzi, Kops, and Fennelly with no one voting in opposition. The following vote was adopted: WHEREAS, Jonathan Trotta has requested for 74 Bayberry Lane, a 3.4% variance from the lot coverage requirements of Table 3, Line 10 to allow 18.4% for construction of a 28 X 24 attached garage. Assessor s Map 8, Lot no. 17, R-2 zone WHEREAS, This has no adverse impact on the Comprehensive plan. BE IT THEREFORE RESOLVED, This application is hereby granted, effective at such time as it is recorded upon the Guilford Land records. APPROVAL OF BILLS 4

5 A motion was made and seconded to approve the bills as presented. The bills for Mrs. Kelley for clerical services, Guilford Courier were unanimously approved. MINUTES OF 5/22/2017 Mr. Ametrano made a motion to approve the minutes of 522/2017, seconded by Mr. Lattanzi. The minutes were approved with unanimous consent OLD BUSINESS NEW BUSINESS Mrs. Fennelly resigned from the board. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 9:25 p.m. with unanimous consent. Respectfully submitted Laurie Kelley, Clerk 5