By TERRENCE S. MCAULIFFE
The Middlebury Zoning Board of Appeals (ZBA) at its May 5 meeting approved a garage expansion on Atwood Street. Jason and Jennie Kastelein of 63 Atwood St. sought a sideline and coverage variance to remove a porch and mudroom and enlarge a garage on their property.
Jason Kastelein told commissioners his lot, created in 1947, does not meet the minimum 25-foot sideline requirement and will exceed the allowed 10-percent lot coverage. He said the hardship is newer regulations hindering a small home expansion needed for his growing family. He said the current 21.6-foot property sideline would decrease to 18.3 feet if his variance were approved. He told Chairman David Alley he had no plans to construct a new deck or patio.
The public hearing and decision were postponed from April 2, when it was found the legal notice for that hearing incorrectly said the address was 68 Atwood St. Zoning Enforcement Officer Curtis Bosco said the error was minor and noted there were no letters in opposition and no people in attendance who opposed the expansion. However, he advised the board to publish a corrected notice and hold another public hearing to avoid the notice being contested down the road if the variance was approved. Bosco apologized for the error and the additional $300 cost of again mailing certified letters to owners of neighboring properties.
After unanimous approval of the variance, Alley told Kastelein he would speak to the Board of Selectmen about compensating him for the cost of the extra postage.
In post-meeting comments, Bosco told commissioners he had examined Connecticut state statutes and found no regulations requiring the mailing of certified letters to neighboring property owners. He said the statutes say “may require,” but don’t compel towns to do so. Bosco said Middlebury has no rules or ordinances requiring the letters, but the ZBA Variance Application Form does specify them. He told Alley he would remove the requirement from the application form if the Planning and Zoning Commission also agreed the letters weren’t required.
The next ZBA meeting will be Wednesday, June 3, 2015, at 7:30 p.m. at Shepardson Community Center.
