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EAST LYME ZONING BOARD OF APPEALS
PUBLIC HEARING AND REGULAR MEETING
Monday, MARCH 19th, 2007
MINUTES
A Public Hearing and Regular Meeting of the East Lyme Zoning Board of Appeals was held on Monday, March 19, 2007 at 7:30 PM at the East Lyme Town Hall, 108 Pennsylvania Avenue, Niantic, CT.
PRESENT: Bill Mountzoures, Chairman, Tom Boguszewski, Acting Secretary, Shawn McLaughlin, Skip Saunders, Alternate
ALSO PRESENT: John Yannacci, Applicant
ABSENT: H. Peter Hunt, Secretary , Leo Mostowy, Craig Mason, Alternate, Flo Hurley, Alternate
Chairman Mountzoures called the Public Hearing to order at 7:30 PM. He noted that he had seated Mr. Saunders, Alternate at the table.
2. Read Notice of Public Hearing
Mr. Mountzoures asked Mr. Boguszewski to read the notice of the Public Hearing:
Case No. 2-2007: Application of John Yannacci for a request of a variance of Section 4.3.3 of the East Lyme Zoning Regulations to construct a garage on the property identified in the Application as 462 Boston Post Road, East Lyme, Connecticut. East Lyme Assessor’s Map 24.0, Lot 136.
The Public Hearing notice was sent to the New London Day for publication on 3/5/07 and 3/15/07.
Mr. Mountzoures introduced the Board members and polled each for any conflict of interest. Hearing no conflicts of interest, he explained the rules of the meeting and asked that anyone speaking please stick to the subject matter of the application.
Mr. Mountzoures called for the applicant or their representative to make their presentation.
John Yannacci, 462 Boston Post Road, the Applicant said that the application said that it is for a garage and that he wanted to make it clear that it is for establishment of the side yard. They were originally established at 7½ feet and then it was widened to 15 feet to allow for the driveway in a successful variance request that was done in 1995.
Mr. Mountzoures and Mr. Saunders said that was done at the time for the purpose of making the driveway wider for access and not for the whole lot. It was noted that the lot is very narrow but also very long.
Mr. Mountzoures noted that the 7½ feet was established before Zoning as the house was built in 1945 before Zoning came into existence.
Mr. Saunders explained that the 15 feet was to allow them to go to the back yard and that they are here this evening to request a variance so the garage can be built. He recalled that these were the old Woody Scott cottages and that some people bought two and therefore had more property. He said that it was in fact the neighbor who wanted the 15 feet for access to the backyard for what is now Mr. Yannacci’s property.
Mr. Yannacci said that with all due respect that he has an unusual hardship and that in Section 9.3 on hardship requirements it states: “Where the property is a valid non-conforming lot, and a building could not conform to setback requirements, denial of a variance which prevented all use of the lot was a practical confiscation. Where the effects of applying the regulations to the property is so severe as to amount to practical confiscation that is sufficient hardship to allow and even require the Zoning Board of Appeals to grant a variance.” He said that he is trying to have a garage in the back yard with a small workshop and to try to improve his property as nothing has been done to it for years. He noted that he and his wife would like to raise their family here and that they are seeking reasonable use of their property.
Mr. Boguszewski said that it is not confiscation of the property as there is a house already existing on it and that wanting a garage and workshop and not being able to have it does not constitute a hardship or a confiscation of the property. There is a house already there.
Mr. Mountzoures asked how wide the lot is.
Mr. Yannacci said that it is 55 feet wide in the front and 65 feet wide in the back. He added that nothing has been done to this house in 55 years and that he would like to make it better – they are looking to improve the house.
Mr. Mountzoures said that is they are 15 feet from another house, which they are, that they can put a second story on their house. If the house was not already on this property, and the restrictions were there – then they could ask for a variance. Also, if the lot were a half acre, they would have allowed them to use that zoning but in this area this land has always been under farm zoning.
Mr. Yannacci said that there was nothing in the deed as far as restrictions went, so he was not aware of these restrictions.
Mr. Mountzoures said that unfortunately, this falls upon the buyer to investigate what they can or cannot do prior to buying.
Mr. Mountzoures called for anyone who wished to speak in favor of this application -
Hearing no one -
Mr. Mountzoures called for anyone who wished to speak in opposition to this application -
Hearing no one –
Mr. Mountzoures asked if the Board had any other questions that they wanted to ask.
Hearing none - he said that he would now close the Public Hearing.
Mr. Mountzoures closed this Public Hearing at 7:50 PM.
Mr. Mountzoures said that they would now deliberate and make a decision on the application.
Mr. Mountzoures said that the only comments that they can take now are from the applicant and only if they have technical questions that they need answered. He also informed the applicant that in the event that they wish to contest the decision that they have 15 days to appeal it to the Superior Court.
REGULAR MEETING
Mr. Mountzoures opened the Regular Meeting at 7:51 PM.
Case No. 2-2007: Application of John Yannacci for a request of a variance of Section 4.3.3 of the East Lyme Zoning Regulations to construct a garage on the property identified in the Application as 462 Boston Post Road, East Lyme, Connecticut. East Lyme Assessor’s Map 24.0, Lot 136.
Mr. Mountzoures called for discussion.
Mr. Saunders asked if they had a copy of the 1996 successful variance appeal that Mr. Yannacci was talking about in his presentation regarding the 15 feet for the driveway passage.
Mr. Mountzoures and the Board members took a short 15 minute recess to research the 1995 decision in the Zoning Board of Appeals case files. It was found that the neighbors, the Eckerts’ had applied for the variance for the driveway for their neighbor which is now Mr. Yannacci’s property.
Mr. Saunders said that he was glad that they had checked the files and that the variance was only for the purpose of the driveway. He said that while he can appreciate that Mr. Yannacci wants to make his home useful for his family, the regulations seem pretty clear that this is not a hardship and that it is not something that is inherent in the land.
Mr. Boguszewski said that he had to agree as the house existed before Zoning and there is no real hardship reason to allow for the 15 foot setback.
Mr. Mountzoures agreed and noted also that because they are 15 feet away from another house that they could add a second story to the existing house and improve it in that way.
Mr. McLaughlin said that he agreed that a second story could be added and that not being able to have a garage is unfortunately not considered a hardship.
Mr. Mountzoures called for a motion.
**MOTION (1)
Mr. McLaughlin moved in the Application of John Yannacci for a request of a variance of Section 4.3.3 of the East Lyme Zoning Regulations to DENY the requested variance to construct a garage on the property identified in the Application as 462 Boston Post Road, East Lyme, Connecticut. East Lyme Assessor’s Map 24.0, Lot 136.
Mr. Boguszewski seconded the motion.
Mr. McLaughlin said that the reason for denial of the variance is that the hardship was personal in nature and not inherent in the land.
Mr. Mountzoures called for a vote on the motion.
Vote in Favor to Deny: 4 – 0 – 0. Motion passed.
ADJOURNMENT
**MOTION (2)
Mr. McLaughlin moved to adjourn Case #2-2007 of the East Lyme Zoning Board of Appeals at 8:20 PM.
Mr. Boguszewski seconded the motion.
Vote in Favor: 4 – 0 – 0. Motion passed.
Respectfully submitted,
Karen Zmitruk,
Recording Secretary