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Zoning board continues Battistoni front-yard variance after notice error
Summary
The Litchfield Zoning Board of Appeals continued the public hearing on an application by owner D. Battistoni for a 15-foot front-yard variance at 72 Clark Road so the missing side-yard notice can be corrected; a special meeting was set for June 30, 2026.
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At its June 2, 2026 meeting the Litchfield Zoning Board of Appeals continued the public hearing on Case 26-06-01, an application by owner D. Battistoni for a 15-foot front-yard variance from the 50-foot front setback required in Sec. 1.2 Rural Residences Sub. 2. The board set a Special Meeting for June 30, 2026 to resume the hearing after finding a noticing error.
Battistoni told the board the proposal is for a 16' x 24' detached garage at 72 Clark Road with a 7' garage door to accommodate wheelchair storage on top of a van and either a handicap ramp or a platform lift into the house. The minutes record that the existing driveway and garage are at the basement level, requiring the owner to navigate a steep slope from vehicle to front door; the rear first-floor entrance requires climbing stairs. Commissioner J. Zwick noted the side of the house opposite the garage is about 12' inside the side-yard setback, prompting the board to review whether the side-yard variance also required public notice.
The board's review identified a publication error: the Land Use office administrative assistant did not include the side-yard variance in the legal notice. The minutes state legal notice for the hearing had been published in the Waterbury Republican on May 23 and May 26, 2026, but the side-yard variance was omitted; because that variance was not noticed the application cannot proceed until the applicant amends the application and the notice is republished. Chairman Brian Donohue moved to continue the public hearing to a Special Meeting on June 30, 2026; Commissioner J. Zwick seconded and the vote was unanimous.
