MINUTES OF A REGULAR MEETING OF THE CORNWALL

ZONING BOARD OF APPEALS HELD ON MAY 24, 2010

CORNWALL TOWN HALL


Presiding chairman Joanne Wojtusiak called the regular meeting of the Cornwall Zoning Board of Appeals to order at 8:00 PM on Monday, May 24, 2010 in the Selectmen’s Office in Cornwall Town Hall. Present were: Presiding chairman Joanne Wojtusiak, regular members Priscilla Miller, Virginia Potter, Ann Schillinger and alternate members Don Bardot, James Levy and Fred Scoville

Absent were regular members Nancy Calhoun and Betty Spence. Also present was Land Use administrator Karen Griswold.


  1. PUBLIC HEARING.

      1. App# 323- App# 323- Richard Decherd and Sally McGoldrick applicants/owners - Variance from Section IV “Minimum Lot and Dimension Requirements” from the 25 foot side setback for a 2 foot expansion of a pre-existing non-conforming deck in an R-1 zone – 5 School Street.

The entire proceedings were recorded on an audio digital recorder and are available in Town Hall.

The legal notice for the application, as published in the Waterbury Republican on Wednesday, May 12th and May 19th, 2010 was read into and made part of the record. Receipts of certified letters to abutting neighbors were submitted and made part of the record.

Richard Decherd (co-applicant/owner) and Sally McGoldrick (co-applicant/owner) addressed the Board regarding the construction of an expanded deck for improved access on the left side of their School Street home. Mapping submitted showing the location of the existing residence/deck as relating to current setback requirements, as well as additional information (prepared by staff) as shown on the Assessor’s map and the “Schedule A” of the Decherd/McGoldrick deed was reviewed. Note was made of the front boundary dimension on two documents (Assessors Map and deed) being different (95.5 feet and 105 feet) and the lack of A-2 mapping for the site. It was agreed that the entire proposed deck expansion was within the side setback but that a one car garage that had been removed had been closer to or even on the property line. The matter of access was discussed with input that the expanded deck would allow access directly into the kitchen and not the dining room, as existing and would be more functional for access including wheelchair access. Topographical features of the site were discussed, including the steep drop along the side and to the back of the home and the siting of the existing home to the far corner of the site.

Note was made by staff that the Land Use office had not received any phone calls or correspondence either in favor or opposed to the application. The floor was opened to the audience for questions and comments. No one in the audience spoke in favor or in opposition to the appeal.

Hearing no other questions or comments from the Board and after verbal acknowledgment from all Board members that they had visited the site, the public hearing was closed by action of presiding chairman Joanne Wojtusiak at 8:15PM


The regular meeting was opened at 8:16PM by action of presiding chairman Joanne Wojtusiak.


  1. PENDING APPLICATION.

      1. App# 323- Richard Decherd and Sally McGoldrick applicants/owners - Variance from Section IV “Minimum Lot and Dimension Requirements” from the 25 foot side setback for a 2 foot expansion of a pre-existing non-conforming deck in an R-1 zone – 5 School Street.

Members seated for the application: Joanne Wojtusiak, regular members Priscilla Miller, Virginia Potter, Ann Schillinger and alternate members Don Bardot, James Levy and Fred Scoville.


Motion made by Mrs. Miller, seconded by Mr. Levy, to approve App# 323- Richard Decherd and Sally McGoldrick applicants/owners - Variance from Section IV “Minimum Lot and Dimension Requirements” from the 25 foot side setback for a 2 foot expansion of a pre-existing non-conforming deck in an R-1 zone – 5 School Street to the dimensions as shown in the mapping provided and as per the oral and written testimony of the applicant and staff.

The floor was opened to the Board for comment. Mr. Bardot addressed hardship factors, noting the steepness of the slope and the difficult topography around and behind the home (both as relating to safety), the non-conforming location of the existing deck as well as the difficulties posed for access by the present layout of the home and its location on the site. Mrs. Potter, noting that the request was for 2 feet in addition to the existing non-conforming, addressed the appearance of the future deck and its compatibility with the site and surrounding homes. Chairman Wojtusiak noted the pre-existing non-conforming location of both the house and the existing deck and the lack of a proper survey for the property. Mr. Bardot noted the limited capacity of the current deck for wheelchair access. Note was made of the record showing the removal of a garage in a more non-conforming location and the lack of land to site a garage for access.

Motion called and by majority vote, Mmes. Potter, Miller and Mr.’s Bardot, Levy, and Scoville in favor and Mrs. Schillinger in opposition, the variance was approved. After discussion and input from all voting members, it was agreed that the collective reasons of the Board to grant the variance were as follows: 1. The pre-existing non-conforming location of the house and deck and evidence of a garage formerly located in a more non-conforming location, 2. The lack of impact to the neighborhood while enhancing the access to the existing home and 3. The topographical hardships of the site including steep slope.


  1. APPROVAL OF MINUTES.

Motion made by Mrs. Potter, seconded by Mrs. Schillinger to approve the minutes of the January meeting with typographical corrections and the change of paragraph starting with “Photographs” on page 2 to read “Photographs from the Land Use files showing the original house and its location vis avis to other houses and also its demise by fire were shown to the Board”. Motion to approve with corrections unanimously approved.


  1. ALL OTHER BUSINESS TO COME BEFORE THE BOARD.

Ms. Griswold Nelson advised the Board that all members would be receiving color copies of the recently adopted Plan of Conservation and Development and asked for input as to who had or needed binders, Zoning Regulations and other necessary components for Board member consideration and review of applications. It was suggested that the Board members bring their files to the next meeting for updating and “spring cleaning”.



  1. ADJOURN.

Motion by action of Chairman Wojtusiak to adjourn at 8:47PM.


Respectfully submitted


Karen Griswold Nelson