PLAINFIELD BOARD OF ZONING APPEALS AGENDA
For August 16, 2010, 7:00 PM
CALL TO ORDER
Mr. Monnett: I will now call to order the Plainfield Board of Zoning Appeals meeting for August 16, 2010. I will ask our board Secretary Mr. Carlucci to please have roll call for determination of a quorum.
ROLL CALL/DETERMINATION OF A QUORUM
Mr. Carlucci: Ms. Duffer- here
Mr. Cavanaugh- here
Mr. Gibbs- here
Mr. Monnett- here
We have four members present, none absent; we have a quorum for the purpose of conducting business.
PLEDGE OF ALLEGIANCE
Mr. Monnett: Would you all please rise for the Pledge of Allegiance.
APPROVAL OF MINUTES (July 19, 2010 meeting)
Mr. Monnett: I will now entertain a motion for approval and or amendments to the minutes of the Board meeting of July 19th, which I will let the record show that I was not here.
Ms. Duffer: I make a motion to approve.
Mr. Gibbs: Second.
Mr. Monnett: I have a motion and a second, all those in favor say aye. I will now ask our Board Secretary to give those in our audience to testify tonight our oath of testimony.
OATH OF TESTIMONY
Mr. Carlucci conducted the oath of testimony.
Mr. Monnett reviewed the guidelines governing the conduct of public hearings.
Mr. Monnett: Tonight we will previously continue petition and it is BZA-10-011, Mr. James.
Mr. James: Good evening Mr. Chairman and members of the Board. I just have the one petition tonight and I will let Ms. Sprague go over the details for you.
Ms. Sprague: This petition is for Norma Hale, she lives at 1614 Tarpon Avenue which is zoned R-4 it is primarily surrounded by R-4 although there is some general commercial behind the home. They are requesting a variance to allow a deck in the front yard. They updated an old ramp with this new deck and the deck is a new amenity so it's an improvement besides just the ramp at this point, but the deck was going to encroach in the front setback and so that is why we are here. We are allowed to take 60 percent of the block face along Tarpon which is a relatively long block and since the right of way on the GIS isn't exactly in the right spot. We used where the sidewalk is averaging those 60 percent that had the smallest setbacks. I came up with the 33.6 feet from the back of sidewalk is about the average for the homes that were in that 60 percent. The deck itself for this building comes to 25.2 so the difference there was the 8.4 that is where the setback number came from. In this case I mentioned the deck sets 8.4 closer than the neighbor's homes and the primary purpose of the deck was to construct it to update the ramp on the home. The petitioner did bring us some photos and I will pass those around, I also have one from the front. I can answer any questions and also the petitioner is here if you have any questions.
Mr. Monnett: Is it second from the corner Jill, the house?
Ms. Sprague: Yes, because the one that is directly on the corner faces Holiday.
Ms. Duffer: Is this the same house.
Ms. Sprague: Yes, from before and the others were after.
Ms. Duffer: Jill, I have a question about the ramp, is it the thirty-six inches like it is required or is it larger?
Ms. Sprague: It is not required for residential, that is only for commercial. Just from the photos it looks like it is probably pretty close.
Mr. Gibbs: The drawing says five feet.
Mr. Monnett: Thank you Jill. Would the petitioner like to come forward?
Ms. Hale: Yes, I was just going by what I was told.
Mr. Monnett: Could you please give your name and address. Thank you.
Ms. Hale: My name is Norma Hale and I live at 1614 Tarpon Ave. in Plainfield. I was told as long as the deck didn't go out any farther than any permanent structure that we were fine. The flower, if you notice the big flower pot. The deck doesn't go out as far as that sticks out. So I don't know I just needed to tear down the old deck because it didn't have a ramp. I need a ramp and that is why we had the new deck built and raised it so I can get my scooter in the door. The other deck and the cement walkway was too low. So we raised the deck up so I can just go right in the front door.
Ms. Duffer: And you said you were under the impression that as long as you didn't go in front of the cement structure.
Ms. Hale: As long as I didn't go further than any other permanent structure that was already there. And the permanent structure is the flower bed that is there. It is cement and concrete right there by the driveway. The deck, the brand new deck doesn't stick out any farther. It is probably three or four inches back from that planter.
Ms. Duffer: Did you talk to the Town about that originally?
Ms. Hale: The contractor that built the deck, he told me that it was ok to build it.
Ms. Duffer: Who is your contractor?
Ms. Hale: Donald Hubbard.
Mr. Monnett: When did you put that in?
Ms. Hale: It was put in about a month and a half ago. But I since then had new vinyl siding put on, new guttering put up, and I kind of put a stop to everything when this happened.
Ms. Duffer: Did your contractor receive a building permit to do the deck and the rest of the work? No?
Ms. Sprague: The gutters and stuff don't require a permit, but the deck did. He did come and ask us and we did the setback and figuring at that time and he was told at that time that he did need a variance so that is maybe beside the point and the deck being built without a permit is maybe a building department issue rather than our issue but I did speak with the building inspectors and they said that they haven't looked at the plans that closely and they haven't looked at what is out there that closely, but it will probably be fine once it gets to that point.
Ms. Duffer: Thank you Jill.
Mr. Monnett: If there is anyone in the audience that would like to speak for or against this variance please step forward now.
Mr. Hale: My name is Terry Hale; I live at 1614 Tarpon Ave. I just wanted to say that I was part of the process of sending out the notifications to all of the people on my mother's list, the certified mail letters. There were two people that spoke to me directly Chris, my next door neighbor Chaney did never get down there and he had spoke to me and said he did not have any problems with it and would be more than willing to fill out any paperwork for you to have that. As far as the rest of the questions about the deck, if you have any I can answer them. I was there during most of the construction.
Mr. Monnett: Thank you. If there is anyone else in the audience that would like to speak, please do so.
Ms. Duffer: Did you take the oath of testimony?
Ms. Hale: No, I'm her daughter.
Mr. Carlucci: Conducted the oath of testimony.
Ms. Hale: My name is Janet Hale; I previously lived at 1614 Tarpon Ave. that is my mother's address. I just want to make clear that everybody does know that this was not only an upgrade, it is an upgrade to the house but the main purpose of it was for my mother. She has become very disabled since my father passed away and she really does need this and she's already paid some type of a fee for not going and doing something. She sent out the mail a whole list of people and she never thought she did anything wrong. I'm not trying to speak for her but I just want you guys to really understand what this deck is for. It is not just to make it look pretty, it is needed. Thank you.
Mr. Monnett: Thank you. Is there anyone else in the audience?
Mr. Carlucci: Conducted the oath of testimony.
Mr. Ellis: Chuck Ellis, 247 Vestal Road. First of all this deck is pretty much as I have seen, I have not seen this deck or walked on it but I have seen the old one and the old one was not ADA accessible. If you deny this deck you are basically going to deny her access to her home. As a member of the Plainfield Fire Department I can tell you without this ramp if there is a medical emergency there we are going to be really hindered. That is one thing that you need to think about, forget about the 8'.4”, I know that might be a little bit extreme but really I have seen the neighborhood, I've worked in this neighborhood and this is an improvement, a major improvement. That is all I have to say. Thank you.
Mr. Monnett: Thank you.
Mr. James: I've got a couple of comments. The zoning ordinance currently doesn't allow for ADA ramp in the front side or a rear setback and that is probably something that we need to take a look at, amending the zoning ordinance to accept an ADA ramp when they are needed. That is something we are going to take a look at. Just for comparison purposes if it had to be a ramp with a turn to meet the slope and the length then it the ramp would be seven feet in width. Just to give you a comparison.
Mr. Monnett: Thank you. I will close this meeting to the public and I will open up for our Board for further discussion or a possible motion.
Mr. Gibbs: I move that the Board of Zoning Appeals approve BZA-10-011 as filed by Norma J. Hale requesting a variance to reduce the front yard setback from Tarpon Ave. by 8”.4' inches at 1614 Tarpon Ave. subject to:
1. Substantial compliance with site plan submitted file date June 17, 2010.
Mr. Cavanaugh: Second.
Mr. Monnett: I have a motion and a second. Mr. Carlucci, would you please poll the Board.
Mr. Carlucci: This motion was made by Mr. Gibbs, and seconded by Mr. Cavanaugh. Ms. Duffer- yes
Mr. Cavanaugh- yes
Mr. Gibbs- yes
Mr. Monnett- yes
Four ayes, none opposed, motion is approved.
Mr. Carlucci: We will probably send building inspectors over to make sure everything is ok.
Mr. Monnett: We need Janet and Terry's mailing address on the sheet please. Thank you.
PETITIONS FOR PUBLIC HEARING
Mr. Monnett: Any other business Mr. James?
Mr. James: No, that is all that we have for tonight.