The Town of Washington, Connecticut
Minutes: Zoning Board of Appeals, 2004
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www.WashingtonCT.org The Town of Washington, Connecticut Minutes: Zoning Board of Appeals, 2004 |
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Disclaimer: While we have attempted to reproduce them accurately, the electronic documents you see here are not the official public documents. Official copies may be obtained on paper from theTown Clerk . Also note that minutes of recent meetings are often not yet approved by the Commission, and are subject to correction.
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December 16 •November 18 •October 21 •September 16 •July 15 •June 17 •May 13 •April 15 •March 17 •February 19 •January 15 •Meetings in 2003 •Meetings in 2002
December 16, 2004
Present: Edmund White, Katharine Leab, Polly Roberts
Alternates: Georgia Middlebrook
Guests: Najma Kadosh, Lawrence O'Toole, PressMr. White, Chairman called the meeting to order at 7:30pm, read the legal notice for tonight's meeting and went on to inform applicants that there would be only (4) members present for tonight's meeting which meant that there needs to be a unanimous vote, of (4) in favor of the applicant for a variance to be granted. He told the applicants present that they could continue their public hearing until next month when (5) members would be present or they could have their applications heard tonight with only the (4) members.
Mr. White stated that the applicants for ZBA-0421 Request of Edward & Linda Sasson, 2 June Road, to petition for special exception for expansion of nonconforming dwelling asked to have their application heard in January.
PUBLIC HEARING
Mr. White seated regular members Katharine Leab, Polly Roberts, himself and alternate Georgia Middlebrook.
ZBA-0418 Request of Najma Kadosh, 147 Wykeham Road, for a variance from Zoning Regulation 11.6.1.c (front yard setback), additions to existing garage. Najma Kadosh was present to represent her application. Ms. Kadosh stated that she is seeking a variance from the front yard setback to expand her existing garage. At present the garage is 49.75' from the front property line, she wants to enlarge the garage and bring it 41.3' from the front property line. Ms. Kadosh brought pictures of the property. The existing house and garage are not attached. Ms. Kadosh proposes to attach the existing house and expanded garage with a hallway; she feels the hardship is the topography of the land behind the garage which drops off. The expansion to the garage will be an apartment for her son. Mr. White commented that the proposed addition is a huge structure almost double the size of what already exists. Ms. Roberts explained the role of the Zoning Board of Appeals and how it grants variances. Ms. Middlebrook asked if the applicant had explored other options. Ms. Roberts added that what Ms. Kadosh was proposing was extreme; could she accomplish the same goal by using the existing footprint, the building exists on an angle with the road could she have the garage run parallel with the road? Ms. Kadosh stated that she wanted to leave the garage where it was her designer said this was the best design. Ms. Roberts feels there are other options; there is a lot of room to expand on the property. Mr. White asked Ms. Kadosh to take the ZBA's comments and concerns to her designers and also measure the location of the trees near the existing garage. Ms. Kadosh agreed to a continuance.
PUBLIC HEARING
Mr. White seated members Katharine Leab, Polly Roberts, himself and alternate Georgia Middlebrook.
ZBA-0422 Request of Lawrence H. O'Toole, 46 Kielwasser Road, for a variance from Zoning Regulations 12.1.1 (setback from watercourse) and 17.4.a (increasing a nonconforming structure), for additions to existing garage. Lawrence O'Toole was present to represent his application. Mr. White read the applicant's letter of request. Mr. O'Toole used the sketches submitted to explain the garage and grade of the area. This is an after the fact application, the contractor has already raised the roof on the garage. Mr. O'Toole explained that the keyword for him was "footprint", the Zoning Commission in granting permission for the "detached accessory apartment" spoke of keeping things within the existing footprint. While construction was on going Mr. O'Toole had a problem meeting the building code requirements, because of the 4.5' knee wall around the perimeter of the apartment. After raising the roof on the rear wall it was brought to Mr. O'Toole's attention that a variance would be needed because he had increased the volume of the building. Mr. O'Toole was working with an outdated copy of the zoning regulations. The garage has existed since 1981 and the size of the apartment is 24' x 30'. A garage still exists below the apartment. Mr. O'Toole stated that the new rafters don't go to the ridge line and increase the volume by 1.97%. There are skylights in the roof. Mr. O'Toole added that he was originally going to have a porch/deck but would have needed a variance to install it so decided against it. Mr. White asked for further questions or comments from the public. Mr. O'Toole wanted the ZBA members to know that it cost him $1,000 for the required A-2 survey.
MOTION: to close ZBA-0422 request of Lawrence H. O'Toole, 46 Kielwasser Road, for a variance from Zoning Regulations 12.1.1 (setback from watercourse) and 17.4.a (increasing a nonconforming structure), for additions to existing garage was made by Ms. Roberts, seconded by Ms. Leab by a 4-0 vote.
MEETING
Ms. Leab began by stating that this application is different from other after the fact applications ZBA has received. The request is small enough/minimal; all things considered she is Ok with the request. Ms. Middlebrook added that the applicant has accomplished his goal with a small increase in volume. Ms. Roberts is OK with this request also, but added that she is irritated by after the fact applications. There is no radical change. Mr. White is also grumpy with applications for things that are already built.
MOTION: to approve ZBA-0422 request of Lawrence H. O'Toole, 46 Kielwasser Road, for a variance from Zoning Regulations 12.1.1 (setback from watercourse) and 17.4.a (increasing a nonconforming structure), for additions to existing garage by a 4-0 vote.
MOTION: to accept the minutes of the November 18, 2004 meeting was made by Ms. Roberts, seconded by Ms. Middlebrook by a 4-0 vote.
OTHER BUSINESS
There will be a public hearing on January 24th, 2005 at 7:30pm on the Zoning Commission's proposed amendment to the regulations to allow ZBA to grant a special exception pertaining to generator, air conditioners, pool equipment and other noise generating equipment location.
There was no new information dealing with ZBA-0406, Request of Harold Wellings, 298 West Shore Road.
The December 16, 2004 meeting of the Zoning Board of Appeals adjourned at 8:45pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
November 18, 2004
Present: Edmund White, Bradford Sedito, Randolph Snook, Polly Roberts
Alternates: Mark Averill, Todd Catlin, Georgia Middlebrook
Guests: Jennifer Mitchell, Daryl Wright, Najma Kadosh, Dale and Marvin Meltzer, Richard Dutton, Press
Edmund White, Chairman called the meeting to order at 7:30pm and read the legal notice for tonight's meeting.
Mr. White began by stating that ZBA-0416, Request of Keith Jepsen & Kathleen Dore, 144 East Shore Road has been withdrawn.
PUBLIC HEARING
Mr. White seated regular members Bradford Sedito, Randolph Snook, Polly Roberts, Himself and alternate Mark Averill.
ZBA-0417 Request of Jennifer & Neil Mitchell, 18 Shinar Mountain Road, for a variance from Zoning Regulation 12.14.1 (generator location), to install a generator. Jennifer Mitchell and Daryl Wright came forward to represent this application. Mr. White began by informing members that since the November ZBA meeting when the Mitchell's were denied a variance for their generator there has been a lot line revision to the property which eliminated the need for a variance from the side yard setback. This lot line revision received Zoning approval on November 16, 2004. The Mitchell's are still requesting a variance to locate the generator more than 25 feet from the structure principally served. Ms. Mitchell use photographs to explain the sloping terrain around the house with what she estimates 15' - 16' between the dwelling and retaining walls on both sides of the house. She feels it would be very difficult to locate a generator and buried tank near the house. She is proposing to locate the generator up to 105' from the house next to the pool equipment which is served by an existing buried propane tank. With photos Ms. Mitchell explained that the generator would be installed behind a stone wall next to the existing pool equipment. She went on to explain that they have gifted the development rights to a back field to Steep Rock Association and their next step is to gift the development rights to what would be the remaining 3 or 4 "building lots" to Steep Rock in the future. Ms. Mitchell explained that she is home alone a lot and because Shinar Mountain Road is not highly populated they are the last to receive service. Daryl Wright, the contractor who will install the generator explained that the generator will be a 35kw measuring 4' long, 30" wide and 30" high he added that this is a moderate size generator for this house. Mr. Snook asked about the ZBA looking into changing the regulations. Mr. White answered that there has been conversation about changes in this regulations but the ZBA is bound by the present regulations. Mr. White asked if other options had been explored. Mr. Wright stated that the gas source is the main problem. The under ground tank that is already installed services the pool equipment and stove in house at this time. Mr. Snook confirmed that there is a line already to the house from the existing buried gas tank. Mr. Wright stated that it is inadequate to service a generator. Mr. Averill asked if any digging would need to be done from the existing buried tank to the proposed generator. Mr. Wright stated that he will use existing lines to the pool equipment. Mr. Snook asked if Mr. Clifford Woodruff had submitted any comments. Mr. Woodruff's certified mailings were sent but never picked up; the applicant had tried to notify him.
MOTION: to close ZBA-0417 Request of Jennifer & Neil Mitchell, 18 Shinar Mountain Road, for a variance from Zoning Regulation 12.14.1 (generator location), to install a generator was made by Ms. Roberts, seconded by Mr. Sedito by a 5-0 vote.
MEETING
Mr. Snook understands the rational in locating the generator near the pool equipment. He finds no hardship to grant the variance from the 25' regulation. Mr. Averill feels there is no other place to put the generator, all neighbors are far away, he has no problem with this application and added he can't find a real hardship either. Mr. Sedito also feels there is no better place, because of the existing underground tank and pool equipment, any other place would create more of a disturbance to the landscape, and no construction is needed in the desired location. He was opposed to the last application because it was to close to the property line. Ms. Roberts stated that she feels it is hard to show legal hardship for a generator, she understands the location. Mr. White stated that there should be a change in the regulations, the hardship issue is debatable.
MOTION: to approve ZBA-0417 Request of Jennifer & Neil Mitchell, 18 Shinar Mountain Road, for a variance from Zoning Regulation 12.14.1 (generator location), to install a generator was made by a 5-0 vote.
PUBLIC HEARING
Mr. White seated regular members Bradford Sedito, Randolph Snook, Polly Roberts, himself and alternate Georgia Middlebrook.
ZBA-0418 Request of Najma Kadosh, 147 Wykeham Road, for a variance from Zoning Regulation 11.6.1.c (front yard setback), additions to existing garage. Najma Kadosh was present to represent her application. Ms. Kadosh had a list of neighbors within 200' which were noticed but no proof of certified mailing; she will drop off the receipts for the certified mailings in the land use office tomorrow. The secretary had only received back 2 of the 5 cards. Members asked Ms. Kadosh to bring in photos of the existing house and garage. Mr. White encouraged members to do a drive by.
MOTION: to continue ZBA-0418 Request of Najma Kadosh, 147 Wykeham Road, for a variance from Zoning Regulation 11.6.1.c (front yard setback), additions to existing garage was made by Ms. Roberts, seconded by Mr. Snook by a 5-0 vote.
PUBLIC HEARING
Mr. White seated regular members Bradford Sedito, Randolph Snook, Polly Roberts, himself and alternate Todd Catlin.
ZBA-0419 Request of Dale and Marvin Meltzer, 19 Rabbit Hill Road, a petition for special exception for expansion of nonconforming dwelling. Dale and Marvin Meltzer were present to represent their application. Mr. White read the applicants letter requesting a special exception of 4' from the 50' front yard setback for additions to an existing dwelling. Mr. White confirmed that there was not a lot coverage issue. Mr. Meltzer began by stating that they bought this house 23+ years ago and now in there elder years need to have bathroom facilities on the ground floor. He went on to explain that the entire house is within the 50' front yard setback, the back wall of the house is 46' from the road. The existing dwelling is a small clapboard farmhouse; their proposed addition was adapted to save a large maple tree they have been working to preserve, as well as maintain the views and afternoon sunlight that already exist. The addition will not be seen from the road, is proportioned similar to the existing dwelling and is all one story. Mr. Meltzer went on to state that the addition of the new bedroom requires a new septic, they intend to live in the house most of the year. The roof pitch on the proposed addition is the same as the existing dwelling, New England barn style. Mr. Sedito questioned this application coming in under a "Special Exception". Members went over Sec. 17.5 Special Exceptions for Nonconforming Structures. Mr. Meltzer stated that the other homes in the area are newer, he estimates 1970's, and their house was built around 1917. Ms. Roberts feels that Mr. Meltzer has done a nice job deferring to the original house. Mr. Sedito questions meeting all of the standards from Sec. 13.1.B. Members went through Sec. 13.1.B. Mr. Meltzer added that it was important that the house remain the same from the road, the proposed addition meanders around the vegetation. Mr. White asked for comments or questions from the public. Mr. Snook asked if the soil work had been done for the new septic, Mr. Meltzer answered that it had. There was continued discussion on the Special Exception Application as opposed to the Regular Variance Application. Mr. Catlin stated that he was not on ZBA for the discussion on the creation of a Special Exception, but felt the purpose was to deal with existing older buildings and feels this is a perfect example. Mr. White is comfortable with this application being a Special Exception. Mr. Sedito is having trouble with the historical/cultural portion of the Special Exception.
MOTION: to close ZBA-0419 Request of Dale and Marvin Meltzer, 19 Rabbit Hill Road, a petition for special exception for expansion of a nonconforming dwelling was made by Mr. Snook seconded by Mr. Catlin by a 5-0 vote.
MEETING
Mr. Sedito doesn't feel this application should be a Special Exception. He is uncomfortable would like a photo of the existing dwelling. Mr. Snook would approve this application, it's reasonable in scope, the additions make sense. Mr. Catlin agrees with Mr. Sedito that the members have not seen the existing house. Mr. White interjected that he drove by the house. Mr. Catlin continued that he feels this application fits the spirit of why the regulation was written. Mr. White has no problem with this Special Exception application. Mr. Sedito asked how you define historical or culturally significant. Ms. Roberts would approve this application, it's hard to pin down the definition of historic, these small farmhouses are valuable, and she is comfortable with the application. Mr. White is in favor of this application, the hardship cannot be pinned down, the proposed addition fits in with the topography, it's reasonable. The Zoning Board of Appeals, according to Sec. 17.5, has written the following justification for granting this Special Exception:
"The Zoning Board of Appeals granted Special Exception ZBA-0419 on 11/18/04 to Dale and Marvin Meltzer for an addition to their house at 19 Rabbit Hill Road.
This exception permits an addition to a nonconforming single family dwelling (approximately 100 years old) that would otherwise not be permitted per Section 11.6 of the Regulations regarding setbacks. Lot coverage is not an issue in this case. ZBA determined that granting this Special Exception supports the continued use of a single family dwelling with historical or cultural significance, according to the provisions of Section 13.17.3 as follows:
This addition requires minimal alteration of the original house, and continues use of the property for its original purpose. The distinguishing original qualities or character of the house are being preserved.
The house is being recognized as a product of its own time, and the planned addition defers to that, while differentiating from it. The contemporary design for the addition is placed behind the house (and slightly below original grade) so that the original house's aspect to the street is unchanged. Rooflines match the pitch of the existing house, and the addition will be clad in similar white clapboard, but its contemporary look clearly distinguishes it from the old structure.
ZBA felt that the overall design is compatible with the size, color, material, and character of the property and neighborhood, and that the new addition is being done in such a manner that if it were to be removed in the future, the essential form and integrity of the original structure would be unimpaired."
MOTION: to approve ZBA-0419 Request of Dale and Marvin Meltzer, 19 Rabbit Hill Road, granting a special exception for expansion of a nonconforming dwelling by a 4-1 vote.
Mr. White, Mr. Snook, Ms. Roberts and Mr. Catlin voted to approve.
Mr. Sedito voted to deny.
PUBLIC HEARING
Mr. White seated regular members Bradford Sedito, Randolph Snook, Polly Roberts, himself and alternate Georgia Middlebrook.
ZBA-0420 Request of Richard G. Dutton, 28 Sunny Ridge Road, for a variance from Zoning Regulations 12.14.1 & 12.14.3 (generator location), to install a generator. Mr. Dutton was present to represent his application. Mr. Dutton began by explaining that he does not have an A-2 survey, he has submitted portions of (2) maps labels A & B which show his property and the barn location where the proposed generator will be located. Mr. Dutton also had a framed property map prepared by Jody Rowlands showing his property and structures. Mr. Dutton will submit a copy of this map for the file. Mr. Dutton's property is within a Historical District, he feels that locating the generator inside the barn would be better for both the Historical District aspect and his closest neighbor Mr. Wallis. Mr. Dutton was originally going to place the generator outside the barn but has since moved it inside. The existing barn is a 2 1/2 bay garage which was build in 1979. Mr. Dutton located his well and septic on the maps for members. Mr. White noted that on map "B" there were iron pins located along the boundary line of the Dutton/Wallis properties. Mr. Dutton believes Mr. Wallis had Michael Alex do a survey of his property. Mr. White asked Mr. Dutton to have Mr. Alex identify the pins and do an exact measurement to the (2) north corners of his barn; this would locate the existing barn. Mr. Dutton agreed to do so. Mr. White asked for comments or questions from the public. It was noted for the record that (11) of the (11) certified mailing cards were returned and (7) of the adjoining property owners submitted documentation in favor of granting Mr. Dutton his variance.
MOTION: to close ZBA-0420 Request of Richard G. Dutton, 28 Sunny Ridge Road, for a variance from Zoning Regulations 12.14.1 & 12.14.3 (generator location), to install a generator was made by Mr. Sedito seconded by Ms. Roberts by a 5-0 vote.
MEETING
Ms. Roberts began by stated that she was fine with this application; the generator will be located inside an existing barn and will protect the neighbor better that enforcing the regulations. Ms. Middlebrook agreed and felt the proposed location was better for the Historical District also. Mr. Snook, Mr. Sedito and Mr. White were all OK with this application.
MOTION: to approve ZBA-0420 Request of Richard G. Dutton, 28 Sunny Ridge Road, for a variance from Zoning Regulations 12.14.1 & 12.14.3 (generator location), to install a generator by a 5-0 vote.
Consideration of the Minutes of October 21, 2004: Mr. Catlin noted that in the minutes of October 21st Ms. Middlebrook was incorrectly identified as a regular member and Mr. Snook was incorrectly identified as an alternate member. For the record Randolph Snook is a regular member and Georgia Middlebrook is an alternate member of the Zoning Board of Appeals.
MOTION: to accept the minutes of October 21, 2004 as amended was made by Mr. Sedito seconded by Mr. Snook by a 5-0 vote.
OTHER BUSINESS
Regarding ZBA-0406, Request of Harold J. Wellings, 298 West Shore Road, Janet M. Hill, Acting Clerk sent a letter to Mr. Wellings on November 12, 2004 requesting that he either comply with the approved variance or submit an application for additional variances.
Mr. White reported that he continues to research standards for noise, reasonable noise levels, to make changes in the generator regulations.
MOTION: to accept the proposed Zoning Board of Appeals 2005 Calendar of Meeting Dates as submitted was made by Ms. Roberts seconded by Mr. Sedito by a 5-0 vote.
The November 18, 2004 meeting of the Zoning Board of Appeals adjourned at 9:40pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
October 21, 2004
MEMBERS PRESENT: Mrs. Middlebrook, Mrs. Roberts, Mr. Sedito, Mr. White
MEMBER ABSENT: Mrs. Leab
ALTERNATES PRESENT: Mr. Averill, Mr. Catlin, Mr. Snook
STAFF PRESENT: Mrs. Hill
ALSO PRESENT: Mr. Meeker, Mr. M. Kehoe, Mr. J. Kehoe, PressMr. White called the meeting to order at 7:30 p.m. and seated Members Middlebrook, Roberts, Sedito, and White and Alternate Catlin for Mrs. Leab. He reported #ZBA-0412/185 West Morris Road, Ltd/185 West Morris Road/Variance: Sections 12.14.3 and 11.6.1.c/Install Generator and #ZBA-0415/Manderson/134 Nettleton Hollow Road/Variance: Section 12.4.2/Install Pool Equipment were withdrawn and a letter dated 10/21/04 from Ms. Mitchell had been received concerning #ZBA-0417/Mitchell/18 Shinar Mountain Road/Variance: Section 12.14.1/Install Generator requesting that the public hearing be postponed until the November meeting. Mr. White then read the legal notice published in Voices on 10/10/04 and 10/17/04 regarding the two remaining hearings to be conducted.
Meeker (Denscot Pool and Spa)/269 New Milford Turnpike/#ZBA-0413 Variance: Section 16.5.1 for Setback from Property Line/Erect Sign/Con't.
PUBLIC HEARING
Mr. Meeker was present. Mr. Sedito recused himself and left the table. Seated were Members Middlebrook, Roberts, and White and Alternates Catlin and Snook. It was noted that Mrs. Roberts, who had not attended the last meeting, had come in and listened to the tape of the first session of the hearing. It was also noted that one of the certified mailings to adjoining property owners had been sent to the address obtained from Town records, but had been returned twice.
Mr. Meeker explained the proposed 3' X 5' sign would be behind the sycamore tree, but within the 10 foot setback required from the front boundary line. He claimed it was necessary to erect it there because a fence and vegetation obscured it elsewhere on the property. He also thought it should be located close to the road because traffic goes by too fast to see it if it were placed further back, especially by traffic heading north. He stated if the proposed sign were approved, he would remove the larger vinyl sign on the north side of the building.
The Commissioners made the following comments:
Mr. Snook thought this business had more signage than other businesses in Town and that the inflatable items on the porch also acted as signs. He noted the Board would try to maintain the uniformity of signs throughout Town without hindering Mr. Meeker's ability to make a living. He said he would support the variance request if removal of the vinyl sign on the north side of the building was made a condition of approval. Mr. White noted the Board has been tough on requests for sign variances in the past and said he had compared Mr. Meeker's signs to the other signs in the area. Mr. Catlin asked whether the two existing vinyl signs on the front and north side of the building were in compliance with the Zoning Regulations. Mrs. Hill said they were. MOTION: To close the public hearing to consider Application #ZBA-0413 submitted by Mr. Meeker for a variance of Section 16.5.1 to erect a sign at 269 New Milford Turnpike. By Mrs. Roberts, seconded by Mr. Catlin, and passed 5-0.
Mr. White closed the public hearing at 7:47 p.m.
REGULAR MEETING
The Commissioners voiced the following opinions in support of and against Mr. Meeker's variance request:
Mr. Catlin thought the property owner should work within the Regulations and place the sign to the south of the building where it could be 10 feet back from the property line. Mrs. Middlebrook suggested the variance would not be needed if the sign located on the front of the building was removed and a sign was hung on the south side instead, but said she thought the proposed sign was appropriate. Mrs. Roberts objected to the vinyl signs on the front and north side of the building and said the proposed sign was in keeping with other business signs in the area that were located close to the road. She thought granting the variance would be fair in this case. Mr. White was not in favor of the variance. He noted that other pool companies have discreet signs and that the large sign on the front of the building was more than adequate. Before the vote was taken it was noted that if the variance was approved Mr. Meeker had stated he would remove the sign on the north side of the building.
VOTE: To approve Application #ZBA-0413 submitted by Mr. Meeker for a variance of Section 16.5.1 to erect a sign at 269 New Milford Turnpike. Vote: 3-2. Variance denied.
Mr. Catlin and Mr. White voted No for the reasons cited above.
Jepson-Dore/144 East Shore Road/#ZBA-0416/Variance: Sections 11.6.1.c for Setback from Property Line and 17.4.a for Increasing the Non Conformity of a Non Conforming Building/ Additions to Cabin
PUBLIC HEARING
Mr. White called the public hearing to order and seated Commissioners Middlebrook, Roberts, Sedito, and White and Alternate Averill for Mrs. Leab.
It was noted that only one of three green receipt cards for the certified mailings to adjoining property owners had been received and that the agents for the property owner had not checked with the Tax Collector to obtain the correct mailing address.
Mike and Joe Kehoe, contractors, represented the property owners. The explained the proposal to increase the height of the existing cabin so it could be used as a guest house. The renovation work would be done within the existing footprint. Mr. Kehoe said it appeared from the map submitted, survey map #225A filed on the Town Land Records on 2/5/63, that some of the cabin was less than 50 feet from the front boundary line.
Mr. Snook noted there were no accurate measurements specified on the map to clearly show the distance from cabin to the boundary lines. Mrs. Roberts pointed out the map was not an A-2 survey, which is now required by the ZBA. Mrs. Hill noted she had used the scale on the map submitted and it appeared the cabin was approx. 45 feet from the front boundary line. The applicants were advised to get an A-2 survey with accurate dimensions to determine whether a variance application was actually necessary.
MOTION: To continue the public hearing to consider Application #ZBA-0416 submitted by Mr. Jepson and Ms. Dore for a variance of Sections 11.6.1.c and 17.4.a for additions to an existing cabin at 144 East Shore Road. By Mrs. Roberts, seconded by Mr. Sedito, and passed 5-0.
Consideration of the Minutes
MOTION: To accept the 9/16/04 Minutes as written. By Mr. Sedito, seconded by Mr. Catlin, and passed 5-0.
Other Business
Wellings/298 West Shore Road/#ZBA-0406/Construct Garage: Mr. White read Mr. Ajello's 10/6/04 letter to Mr. Wellings, which noted the 21' 3" X 24' 4" foundation installed was larger than the 21' X 24' garage that had been approved by the ZBA and that the concrete aprons installed had not been included in his variance application. He then read the 10/14/04 letter from Mr. Wellings and Ms. Baldwin, which stated the aprons did not increase coverage and that the footprint of the garage would not exceed the 21'6" X 24'6" dimensions that Mr. Ajello had indicated would be OK. Mrs. Hill asked the Board if they considered the attached aprons to be part of the foundation, noting if they did, they extended beyond the side yard setback approved under #ZBA-0406. A lengthy discussion ensued. 1) It was the consensus the aprons were not part of the structure and so the setback was not an issue. It was noted, however, that when the ZBA grants a variance, it approves a specific site plan and the aprons had not been included on the survey map submitted by Mr. Wellings. Therefore, if Mr. Wellings wants to keep the aprons in place, he must reapply to the ZBA. 2) Regarding the size of the garage, the Commissioners agreed since it was larger than had been approved, Mr. Wellings must apply for another variance or comply with the size of the foundation granted. It was noted that often buildings overhang foundations by a few inches, but that that situation was different than installing a foundation that was already larger than what was granted by a variance. Mr. Wellings' letter was again reviewed and the Board found no reason to justify a larger foundation than the 21' X 24', which was approved. Mrs. Hill noted zoning permits usually specify they have been approved per the ZBA variance number, but the Board asked that in the future, in addition, the zoning permit state, "The foundation may not exceed the dimensions approved per #ZBA-____."
Revision of the Zoning Regulations/Section 12.14/Generators, Pool Equipment, and Other Noise Generating Equipment: Mr. White reported he had discussed with Mr. Martin the possibility of utilizing the Special Exception process to allow noise generating equipment further from the structure served than is now permitted under 12.14. This would mean a hardship would not have to be proved. He noted if such a revision was made, the ZBA would require viable criteria upon which to base its decisions. He said he had asked some salespersons to suggest criteria and that he would work on drafting the language for such a revision.
A-2 Survey Requirement: It was noted the application form now states an A-2 survey is required and that applications submitted without one should be considered incomplete. Mr. White stated Atty. Zizka had recommended the Board keep the A-2 requirement, noting that it could be waived under extenuating circumstances.
MOTION: To adjourn the meeting. By Mr. Sedito.
The meeting was adjourned by Mr. White.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Janet M. Hill
Land Use Coordinator
September 16, 2004
Present: Edmund White, Katharine Leab, Bradford Sedito, Randolph Snook
Alternates: Todd Catlin, Georgia Middlebrook
Guests: Kevin McGarry, Scoot Meeker, Ms. Buziak, Kelly Boling, Jennifer Mitchell, Daryl Wright, Mr. Manderson, pressChairman, Edmund White called the meeting to order at 7:30pm and read the legal notice for tonight's meeting.
PUBLIC HEARING
Mr. White seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, himself and alternate Georgia Middlebrook.
ZBA-0412 Request of 185 West Morris Road Ltd, 185 West Morris Road, for a variance from Zoning Regulations 12.14.3 (generator location) and 11.6.1.c (front yard setback) to install a generator. The secretary noted that only (1) reply card had been received from the (5) certified mails made by the applicant. Kevin McGarry authorized agent for 185 West Morris Ltd. stated that he had been out of town and mailed the certified mailings on Monday September 13, 2004. Mr. White read the explanation of request and addendum letter dated 8/11/04. Mr. McGarry stated that this was a 25K generator which services the guesthouse only. Referring to the map Mr. McGarry noted that the guesthouse is off the property line. He went on to state that this is an after the fact application the generator was installed 1 1/2 years ago. The generator is located next to a shed which houses gardening equipment. There are existing propane and ac units on the south side of the guesthouse. Mr. McGarry added that Inland/Wetland approval was received at the September 8, 2004 meeting. Mr. White read the Zoning Regulations pertaining to this variance. There was discussion on the distance from the Bantam River. Mr. McGarry stated that they used common sense in situating the generator, putting the generator in back of the guesthouse would be too close to the river. Mr. Sedito asked about installing the generator inside the shed. Mr. McGarry was concerned with the heat in the wood structure. There was a question about the deck on the back of the guesthouse and why there was no application for a variance for it. Mr. White asked for further questions and comments from the public. Mr. Sedito added that he understands the need for a generator and if this one was not already installed there would be no place to install a generator that would conform. Members felt that the public hearing should be continued to allow for more time for neighbors to receive the certified mailings.
MOTION: to continue ZBA-0412 request of 185 West Morris Road Ltd, 185 West Morris Road, for a variance from Zoning Regulations 12.14.3 (generator location) and 11.6.1.c (front yard setback) to install a generator was made by Mr. Sedito, seconded by Mr. Snook by a 5-0 vote.
PUBLIC HEARING
Mr. White seated regular members Katharine Leab, Randolph Snook, himself and alternates Todd Catlin and Georgia Middlebrook.
ZBA-0413 Request of Scott Meeker/Denscot Pool & Spa, 269 New Milford Trpk, for a variance from Zoning Regulation 16.5.1 ( non residential district signs from front property line) to install a sign. Scott Meeker was present to represent his application. Mr. White read the explanation of request. Mr. Meeker stated that he is seeking better visibility for traffic headed north on Route 202, he would like to install a free standing sign. At present there are (2) signs on the building one on the north side and one on the front of the building. Mr. Meeker stated that if he was granted a variance he would remove the sign on the north side but leave the one on the front of the building. Mr. Meeker explained that the building is set very close to the road and between the building and the road is a large Sycamore tree. Mr. Meeker stated that the tree is in the State's right-of-way which is 3' from the asphalt. He has asked the State to remove the tree; they refused because the tree is alive and healthy. Mr. Meeker went on to add that he could put a sign south and further back of the building but then the sign would be obstructed by the building. Mr. Catlin asked about attaching a sign to the porch on the front of the building. Mr. White went on to state that all businesses have to deal with the zoning regulations and overall in town the signage regulations are reasonable. Mr. Meeker explained that there is neighbor's shrubbery on the south side of the property which makes it difficult to see his business there is no sight line. He feels the style of sign he is proposing fits with others in the area, it's tasteful. Mr. Catlin stated that other businesses have signs closer to the road. Mr. Meeker stated that the building used to be residential and was run down when he purchased it. He feels the tree is his main problem. The signs that are presently on the building are on the north side vinyl and on the front wood. Members want to view the location. Ms. Buziak who resides across the street addressed the ZBA members. She stated that other trees had already been removed and asked if the signage on the building is with in the regulations. Mr. Meeker stated that the present signs are within the regulations. Ms. Buziak then questioned Mr. Meeker about a neon sign on his building. He answered that the neon sign was removed. Ms. Buziak's opinion is that you know it's a pool place there are lots of equipment and accessories hanging from the building, how much advertising is needed? Mr. White stated that ZBA is dealing with the sign set back issue, the Zoning Enforcement Officer deals with the other problems. Kelly Boling commented that it's obviously a pool building, other signage should be minimized.
MOTION: to continue ZBA-0413 request of Scott Meeker/Denscot Pool & Spa, 269 New Milford Trpk, for a variance from Zoning Regulation 16.5.1 ( non residential district signs from front property line) to install a sign was made by Mr. Snook, seconded by Mr. Catlin by a 5-0 vote.
PUBLIC HEARING
Mr. White seated Katharine Leab, Bradford Sedito, Randolph Snook, himself and alternate Todd Catlin.
ZBA-0414 Request of Jennifer and Neil Mitchell, 18 Shinar Mountain Road, for a variance from Zoning Regulations 12.14.1 & 12.14.3 (generator location) and 11.6.1 (setback), to install a generator. Jennifer Mitchell and Daryl Wright can forward to represent this application. Ms. Mitchell began by explaining that a buried propane tank and pool heater is already in place, they would like to situate the generator next to the pool heater. Ms. Mitchell owns (2) lots, she thought that when they bought the additional land it became one lot. It is still listed with the Assessor as (2) lots. Ms. Mitchell brought pictures to show the property. The pictures indicates 16'-35' between the house and rock wall in the back of the house. Behind the rock wall the grade goes up 60%. In front of the house there is 20'-30' between the house and rock wall. Ms. Leab verified that Ms. Mitchell owned the two building lots. Ms. Mitchell added that they have given an easement to Steep Rock on the back lot and intend to ease more land to Steep Rock in the future. She added that it is an interior lot and it is highly unlikely that it will be developed, you would have to access it thought their driveway. The existing house and pool were built in 1997/1998 according to Ms. Mitchell. Mr. White asked Ms. Mitchell for a specific location on the generator and went on to explain the problem with larger lots and the hardship issue. You need to prove why you cannot situate the generator within 25' of the house. Ms. Mitchell stated that with only 16' how she can install a generator and propane. Daryl Wright added that the property is all ledge and went on to state that the propane tank is an issue, you cannot dig because there is ledge within 18" you would have to blast a troth. Ms. Mitchell feels there is physically no place for the generator near the house. Gas is not used in the house, but there is a buried line from the buried propane tank to the house. Mr. Wright states that it is an illegal line and not adequate for the generator. Ms. Mitchell added that to retrench you would have to dig up the yard. Mr. White reminded Ms. Mitchell that hardship is not financial. Mr. White asked for further questions. Ms. Leab commented that having the generator smaller than the rock wall is good. Mr. Sedito was uncomfortable with the generator being so close to the property line. Mr. White asked for comments from the public.
MOTION: to close ZBA-0414 request of Jennifer and Neil Mitchell, 18 Shinar Mountain Road, for a variance from Zoning Regulations 12.14.1 & 12.14.3 (generator location) and 11.6.1 (setback), to install a generator was made by Mr. Catlin, seconded by Ms. Leab by a 5-0 vote.
MEETING
Mr. Snook feels there is not sufficient evidence of hardship, lots of homes and pools are built on ledge. Ms. Leab has no problem with putting the generator by the pool heater, it would be shielded by the stonewall. She is bothered by the proximity to the adjoining lot with only intent to join the lots. Mr. Catlin agrees with Ms. Leab the proposed location makes sense although there is no hardship, but it is too close to a potential building lot. Mr. Sedito agrees that it is a common sense location; they need exact distances from the property line. The adjoining property could be sold. Mr. White said that the commission is stuck with a request to vary so close to a currant boundary line, we need to deal with that issue.
MOTION: to deny ZBA-0414 request of Jennifer and Neil Mitchell, 18 Shinar Mountain Road, for a variance from Zoning Regulations 12.14.1 & 12.14.3 (generator location) and 11.6.1 (setback), to install a generator was made by a 5-0 vote.
PUBLIC HEARING
Mr. White seated Katharine Leab, Bradford Sedito, Randolph Snook, himself and alternate Georgia Middlebrook.
ZBA-0415 Request of Lewis & Fay Manderson, 134 Nettleton Hollow Road, for a variance from Zoning Regulation 12.14.2 (pool equipment location), to install pool equipment. Mr. Manderson was present to represent his application. Mr. White read the letter of request into the record. Mr. Sedito asked when the pool equipment was installed. Mr. Manderson stated that the work was completed in May of 2003. Mr. Sedito could not believe that the pool installer would not relocate the equipment and asked Mr. Manderson if he had contacted a lawyer. The pool man should fix his mistake. Mr. White stated that the regulations were updated to give greater distance; this is an obvious mistake of the contractor. Mr. White added that normally the commission asks the applicant if they have exhausted all other options, the contractor needs to be pushed; Mr. White has a problem with correcting a contractor's mistake. He went on to state that this application puts the ZBA in a bad position; a hardship is unique to the land. Mr. Sedito recommended that the applicant contact an attorney. It was noted by the secretary that none of the certified mail notice cards had been returned.
MOTION: to continue ZBA-0415 request of Lewis & Fay Manderson, 134 Nettleton Hollow Road, for a variance from Zoning Regulation 12.14.2 (pool equipment location), to install pool equipment was made by Ms. Leab, seconded by Mr. Sedito by a 5-0 vote.
MOTION: to accept the minutes of the July 15, 2004 meeting was made by Mr. Sedito, seconded by Mr. Snook by a 5-0 vote.
OTHER BUSINES
Mr. White read a letter dated September 15, 2004 from Aimee L. Hoben, of Murtha Cullina LLP regarding The Winston/Hunter case. Oral arguments were heard on September 13th, the Court now has 120 days to issue a decision.
MOTION: to adjourn was made by Mr. Sedito at 9:17pm, Mr. Snook seconded and all agreed.
Submitted subject to approval,
Pamela L. Osborne, Secretary
July 15, 2004
Present: Edmund White, Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts
Alternates: Mark Averill, Todd Catlin, Georgia Middlebrook
Guests: Peter Talbot, Penny Bardel, Harold Wellings, Stephen Wright, Daryl Wright, Andrew Borst, Robert Fisher, Jr., Kathleen Taylor, Winston Fowlkes, Press
Edmund White Chairman called the meeting to order at 7:40pm and read the legal notice for tonight's meeting. Noting that Ms. Leab had not yet arrived the Chairman started with the third item on the agenda.
PUBLIC HEARING
Mr. White seated regular members Randolph Snook, Polly Roberts, himself and alternates Mark Averill and Georgia Middlebrook.
ZBA-0409 Request of Mr. & Mrs. William Bardel, 166 Baldwin Hill Road, for a variance from Zoning Regulations 11.6.1.c (front yard setback), to construct a greenhouse. Peter Talbot, architect and Penny Bardel, owner were present to represent this application. Mr. Talbot began by reading his letter of request into the record. He also presented and added to the file an A-2 survey and greenhouse plans showing elevations. Mr. Talbot stated that the proposed greenhouse will be centered on the gable of the addition section of the house and will be 13.6' x 14.8'. Ms. Bardel added that they worked with an architect to find the best location for the proposed greenhouse. Ms. Roberts asked about locating the greenhouse off the barn. Ms. Bardel replied that that this area is shaded. Mr. White asked about the existing greenhouse located on the property. Ms. Bardel stated the existing greenhouse is plastic and is located 150' from the house; she wants year round use of the greenhouse. Mr. White expressed his concern that the greenhouse will become a "sun porch"; this will not be a traditional greenhouse with a dirt floor. Mr. White noted the difference between agricultural and residential use. The applicants were asked if other locations had been considered. Mr. Talbot mentioned that the ideal location is off the front of the house which would be more nonconforming. Ms. Bardel added that the proposed location is the only place with (3) exposures for the greenhouse which is practical for growing and is the least disruptive to the existing floor plan for the house, she pointed out the location of the septic and well on the property. It was noted that Mr. Alex's A-2 survey shows the proposed greenhouse 38.33' from the stonewall boundary line. Mr. Talbot feels there is a historical hardship in that the house was built in 1780 next to the road. Mr. Snook asked about moving the proposed greenhouse back to comply with the front yard setback and building a corridor or breezeway for access. Mr. Talbot answered that the kitchen is located on that corner of the house and the cabinetry is in the way. Mr. Averill felt what is proposed is more architecturally appropriate. Members reviewed the A-2 survey; Mr. Talbot believes all of the Bardel parcels have been merged to create one lot of 11.18 acres. Ms. Bardel presented a note from adjoining property owners Whalen/Oneglia in favor of the project. Mr. White read this note into the record but Ms. Bardel did not submit it to the file. Mr. White asked for further questions and comments from the public.
MOTION: to close ZBA-0409 request of Mr. & Mrs. William Bardel, 166 Baldwin Hill Road, for a variance from Zoning Regulations 11.6.1.c (front yard setback), to construct a greenhouse was made by Ms. Roberts, seconded by Mr. Snook by a 5-0 vote.
MEETING
Ms. Roberts felt this is a reasonable request and it will most clearly be a greenhouse. This is a historical situation, they have explored other options but there is the struggle with hardship. Ms. Middlebrook agrees with Ms. Roberts it will be a nice addition and she finds hardship in the position of the house with the road. Mr. Snook is inclined to approve this variance it is reasonable. He noted that the greenhouse will be 77' from the center of the road. Mr. Averill felt the request is not unreasonable; it appears to be the only place to go. Mr. White stated there is obviously no classic hardship, it is a historical structure which has been varied before, and it's attractively put together. He feels they are approving a room as opposed to a dirt floor greenhouse and he understands the location for the propose greenhouse.
MOTION: to approve ZBA-0409 request of Mr. & Mrs. William Bardel, 166 Baldwin Hill Road, for a variance from Zoning Regulations 11.6.1.c (front yard setback), to construct a greenhouse by a 5-0 vote.
PUBLIC HEARING CONTINUED
Mr. White seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA- 0406 Request of Harold J. Wellings, 298 West Shore Road, for a variance from Zoning Regulations 11.6.1 (side yard & front yard setback) to construct a garage. Mr. Wellings was present to represent his application. Mr. Wellings erected his mock up of the proposed garage and members were contacted to do individual drive bys, he also submitted plans for the proposed garage. Mr. Wellings began by submitting a new site plan which moved the proposed garage 50' off the front property line so that the front line variance will not be needed and this also moves the entire proposed garage onto existing driveway so lot coverage is a non issue. Mr. Wellings stated that he has addressed the concerns of his neighbor Mr. Funston by downsizing the garage to 20' x 24' and is facing the garage doors toward his own house. Mr. Wellings is requesting an increase from 20' x 24' to 21'x 24' for the proposed garage because he is unable to access the garage at the 20' dimension. Mr.Wellings noted this change on his plans submitted on July 1, 2004 and initialed it. Mr. Wellings submitted letters of approval from both neighbors Funston and Alldrege/Daly and also pictures of the mock up garage. It was noted that the existing plastic garage has been in place for 5+ years and will not be removed if a variance is not granted for the proposed garage. The plans submitted show the overall height of the proposed garage to be 13'6" it will have a 4' storage space in the peak. Mr. Wellings states it will be an exact replica of his house presently on the property and at this point he is only requesting a variance for side yard setback. Mr. White asked for further questions or comments from the public.
MOTION: to close ZBA- 0406 request of Harold J. Wellings, 298 West Shore Road, for a variance from Zoning Regulations 11.6.1 (side yard & front yard setback) to construct a garage was made by Mr. Sedito seconded by Ms. Roberts by a 5-0 vote.
MEETING
Ms. Leab has a problem with this being a self created hardship but in comparison with the existing ugly green plastic thing she would allow the proposed garage which is more in keeping with the surrounding area. Mr. Sedito drove by the mock up and is in favor of the proposed 21' x 24' garage, a house deserves a garage. Mr. Sedito added that he did not feel the original garage was big enough to be a garage. Mr. Snook also drove by the mock up and is in favor of granting the variance. Ms. Roberts feels the hardship is self created; there is the historical problem which runs with the older houses on the lake. Ms. Roberts appreciates the work Mr. Wellings did with addressing the neighbor's issues and she is in agreement with Mr. Sedito. Mr. White agrees in general with all members, he noted that the temporary plastic structure became permanent, it slipped by.
MOTION: to approve ZBA- 0406 request of Harold J. Wellings, 298 West Shore Road, for a variance from Zoning Regulations 11.6.1 (side yard setback) to construct a garage by a 4-1 vote.
Ms. Leab, Mr. Sedito, Mr. Snook and Ms. Roberts voted to approve.
Mr. White voted to deny.
PUBLIC HEARING CONTINUED
Mr. White seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0407 request of Caroline Vanderlip, 28 Shearer Road, for a variance from Zoning Regulations 12.5.2 (no accessory structure shall be higher or larger in ground floor area than the principal structure, except in connection with an agricultural use) and 12.14.1 (generator location), to make several changes to an existing building, including garage space and install a generator. Stephen Wright was present to represent this application. It was noted that all but one certified mailing card was returned, Mr. Wright hand delivered that last card from Michaud/Steinmetz. Mr. Wright brought additional pictures showing the main house, he stated that they cannot accommodate the garage in the footprint of the existing turkey cooler footprint. Mr. Sedito asked if they had thought about attaching the proposed garage structure to the main house. Mr. Wright explained that they felt doing that was not in keeping with the purpose or intent of the Zoning Regulations and the applicants felt the breezeway would make it look too suburban they were opposed to connecting the two structures. Mr. Wright went on to say that he talked the applicants out of constructing an additional much larger structure further down the property that would become a (4) car garage. ZBA members seem to be concerned with the size of the turkey cooler section of the accessory structure which will become the garage. The accessory structure at present is 2834 sq. ft. with the improvements will become 3408 sq. ft., the main house including the porch is 2125 sq. ft. Mr. Wright explained the architectural design of the gables on the proposed garage potion and stated that if the building was brought in line it would appear much larger. Mr. White asked for comments from the public. Mr. Snook asked if any previous variances had been granted, the answer was no. Mr. Sedito inquired about the possibility of cutting in a new driveway and building a garage. Mr. Wright answered that the applicants did not want to clutter the property with more buildings and were trying to contain the disruption to the property. Mr. Sedito asked about disconnecting the garage from the guest house part of the structure to have it conform. On behalf of the applicants Mr. Wright agreed to vote on the additions and generator separately. Discussion went on to the generator portion of the application. Mr. Wright explained that putting the generator near the house was a poor location, it's a piece of large machinery, and they want to install it next to existing pool equipment which is further from the nearest neighbor and owners houses. Daryl Wright of Wright Electrical stated that the generator is a 20kw; the footprint is 2' x 5'. The property is a 7.6 acre parcel. Mr. Wright was asked about putting the generator in the garage, he answered that was not a good idea with a combustible engine, and it would also be very noisy. Mr. Snook asked how often it would have to run; the answer was once a week for 20-30 minutes. Mr. White located the well and septic on the property map. Mr. Catlin commented that he feels the additions can all be made with in the regulations and would have a hard time granting a variance; this doesn't need to involve the ZBA at all. Mr. Snook added that the generator is more removed from the neighbor but would still like to see it between the pool and main house.
MOTION: to close ZBA-0407 request of Caroline Vanderlip, 28 Shearer Road, for a variance from Zoning Regulations 12.5.2 (no accessory structure shall be higher or larger in ground floor area than the principal structure, except in connection with an agricultural use) and 12.14.1 (generator location), to make several changes to an existing building, including garage space and install a generator was made by Ms. Leab seconded by Ms. Roberts by a 5-0 vote.
MEETING
Ms. Leab stated there was not event a remote hardship, they were only accommodating architectural plans and felt many other things could be done. Mr. Sedito felt the proposed plans were complicated there were other alternatives that were not explored in depth. He has no problem with the generator. Mr. Snook would be in favor of the proposed changes to the building, the auxiliary building is already larger than the main house he has no problem with the arrangement. Ms. Roberts felt the proposal was way too big, there are other options. Mr. White thought the plan went beyond what could have been requested and could accomplish the same end. The structure needs to be kept in proportion with the main house, the size was not necessary.
MOTION: to deny ZBA-0407 request of Caroline Vanderlip, 28 Shearer Road, for a variance from Zoning Regulations 12.5.2 (no accessory structure shall be higher or larger in ground floor area than the principal structure, except in connection with an agricultural use), to make several changes to an existing building, including garage space by a 4-1 vote.
Mr. White, Ms. Leab, Mr. Sedito and Ms. Roberts voted to deny.
Mr. Snook voted to approve.
MOTION: to deny ZBA-0407 request of Caroline Vanderlip, 28 Shearer Road, for a variance from Zoning Regulations 12.14.1 (generator location), to install a generator by a 2-3 vote.
Mr. White and Mr. Snook voted to deny.
Ms. Leab, Mr. Sedito and Ms. Roberts voted to approve.
PUBLIC HEARING
Mr. White seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0410 request of Andrew Borst - 202 Marketplace LLC, 210 New Milford Trpk., for a variance from Zoning Regulation 16.3.6 (signs), to install signage. Andrew Borst was present to represent his application. Mr. Borst began by stating that he felt the hardship was the building location which is set back from the road 100'-125'. Mr. Sedito asked about an existing sign under the eaves. At present there is a "Dean's Deli" sign under the eaves. Mr. White read into record a letter from ZEO Janet Hill. Mr. Sedito asked the applicant if the sign could be dropped below the gutter of the roof. Mr. Borst answered that they plan on installing awnings over both entrances and windows. Mr. White interjected that the ZBA has been very tough on signs in the Marbledale Business District. Mr. Snook felt the applicant could accomplish the same effect while dropping the sign down. Mr. White asked for further questions or comments from the public.
MOTION: to close ZBA-0410 request of Andrew Borst - 202 Marketplace LLC, 210 New Milford Trpk., for a variance from Zoning Regulation 16.3.6 (signs), to install signage was made by Mr. Sedito seconded by Ms. Roberts by a 5-0 vote.
MEETING
Ms. Leab felt the sign was too big, there were other possibilities, and a large sign does not assure success. Mr. Snook agrees with Ms. Leab. Mr. Sedito finds no reason to vary the regulations for this application. Ms. Roberts added that the regulations in the business district are generous. Mr. White agrees with the other members.
MOTION: to deny ZBA-0410 request of Andrew Borst - 202 Marketplace LLC, 210 New Milford Trpk., for a variance from Zoning Regulation 16.3.6 (signs), to install signage by a 5-0 vote.
PUBLIC HEARING
Mr. White seated regular members Bradford Sedito, Randolph Snook, Polly Roberts, himself and alternate Todd Catlin.
ZBA-0411 Request of Kathleen B. Taylor, 218 Wykeham Road, for a variance from Zoning Regulations 11.1.2 (area of soil type), 11.3.2 (minimum lot size), 11.2.1 (density), to qualify a lot as a building lot. Atty. Robert Fisher, Jr. and Kathleen Taylor were present to represent this application. Mr. White began the public hearing by stating that the commission could hear this application because six months has gone by since the last application. Atty. Fisher began by telling the members that the site plans for the property had changed the proposed driveway has been moved to address the neighbor's (Gillespie's) concerns. Members asked Ms. Taylor about Mr. Corbo's involvement in this application. Ms. Taylor stated that Mr. Corbo has agreed to buy the property if the variance is granted. Pamela Osborne, secretary informed members that four of the six certified mailing cards, from property owners within 200' had been received, cards from Gould/Connor and Gillespie have not been returned. Mr. Fisher began reading his letter of request into the record. Winston Fowlkes was present to address the question of acquiring property from adjoining land owners to have Ms. Taylor's parcel conform. Mr. Fowlkes owns the property referred to as #67, which Mr. Fowlkes states he has been told by council is a grandfathered building lot. Mr. Fowlkes stated that he was contacted by Mr. Corbo in December of 2003 about purchasing the land. Mr. Fowlkes stated that he gave Mr. Corbo a reasonable offer to buy the whole lot (#67). Mr. Fisher stated that he was unaware of this information. At this point Ms. Taylor gave a brief personal history. Mr. White told Ms. Taylor that the members understood her personal hardships, and went on to explain the ZBA process, the vote from the previous application and the litigation that followed. Mr. White went on to say that members have not turned a deaf ear and will discuss this application. Mr. Fisher addressed references in Michael A. Zizka's letter of January 15, 2004. Atty Fisher explained that he did not have the opportunity to discuss this with ZBA members because the previous application public hearing was closed when Atty. Zizka's letter came in. Atty. Fisher disagrees with Atty. Zizka's reference to case study entitled Pollard v. Zoning Board of Appeals, 186 Conn.32 (1982) and Highland Park, Inc. v. Zoning Board of Appeals, 155 Conn. 40,43 (1967) because in both instances the surveyors worked directly for the property owner which is not the case in the Taylor application. Atty. Fisher disagrees with Atty. Zizka in that this is not a self created hardship, he feels the hardship goes far beyond simple financial hardship everyone followed the law, he feels this is extreme hardship not self created. Ms. Roberts asked about the status of the litigation from the first application. Atty. Fisher stated that they are scheduled for oral arguments in August and then the Judge will issue a ruling within 120 days. Ms. Middlebrook asked about Mr. Fowlkes offer to sell his lot to Mr. Corbo. Mr. Fowlkes said that he told Mr. Corbo he would sell it for $195,000, it's a buildable lot. Mr. Snook referred to a conversation he had with Atty. Zizka about hardship being monetary. This is a large amount of money which will certainly have significant financial hardship. Mr. Catlin addressed the concerns the Gillespie's had with the previous application. Mr. Catlin felt that the Gillespie's would still object to granting this variance but they were aware at the time they bought their property that the lot next door was in fact a building lot. Mr. White asked for further questions and comments from the public.
MOTION: to close ZBA-0411 request of Kathleen B. Taylor, 218 Wykeham Road, for a variance from Zoning Regulations 11.1.2 (area of soil type), 11.3.2 (minimum lot size), 11.2.1 (density), to qualify a lot as a building lot was made by Ms. Roberts seconded by Mr. Sedito by a 5-0 vote.
MEETING
Mr. Snook felt that Atty. Fisher has made a good point and would be in favor of the variance. Mr. Sedito agrees with Mr. Snook. Mr. Catlin is on the fence he feels there certainly is a hardship; everyone did everything in good faith. Ms. Roberts noted that she was not seated on the first application, she feels this is a situation the board could remedy, and she disagrees with Atty. Zizka's references and agrees with Atty. Fisher. Mr. White is conflicted the previous application is still in Court and will be decided soon.
MOTION: to approve ZBA-0411 request of Kathleen B. Taylor, 218 Wykeham Road, for a variance from Zoning Regulations 11.1.2 (area of soil type), 11.3.2 (minimum lot size), 11.2.1 (density), to qualify a lot as a building lot by a 4-1 vote.
Mr. Sedito, Mr. Snook, Ms. Roberts and Mr. Catlin voted to approve.
Mr. White voted to deny.
Regular member Polly Roberts asked that the minutes refer to her as Ms. Roberts. In the minutes of June 17, 2004 the secretary referred to Ms. Roberts as Ms. Swain several times in error. Let the record show that Ms. Roberts and Ms Swain are one and the same person.
MOTION: to accept the minutes of the June 17, 2004 meeting with amendments was made by Ms. Roberts seconded by Mr. Sedito by a 5-0 vote.
MOTION: to adjourn was made by Mr. Sedito at 10:35pm, all agreed.
Submitted subject to approval,
Pamela L. Osborne, Secretary
June 17, 2004
Present: Edmund White, Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts
Alternates: Mark Averill, Todd Catlin
Guests: Harold Wellings, Les Ernhout, Stephen Wright, Hugh O'Donnell, Paul Manson, Press
The Chairman, Edmund White called the meeting to order at 7:30pm.
PUBLIC HEARING
Mr. White seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA- 0406 request of Harold J. Wellings, 298 West Shore Road, for a variance from Zoning Regulations 11.6.1 (side yard & front yard setback) to construct a garage. Harold Wellings was present to represent his application. Mr. White read the applicants letter of request into the record. Mr. Wellings distributed a photo packet to members. Mr. Wellings used the photos in explaining his neighbors existing garages which he states range from 20' to 40' from the roadside. Mr. Wellings went on to give a history of his house at 298 West Shore Road. When he purchased the house it had an existing 16'attached garage, which became a utility room. Mr. Wellings stated that his basement is dirt and wet, he moved the furnace and water tank from the basement to the utility room. An underground oil tank was removed and the new oil tank was placed in the utility room also. Mr. Wellings installed an engineered septic system in the front yard. In 1998 Mr. Wellings states he received permission to erect a vinyl garage on his property. He also received permission to install a floating dock in his pond across the road which was never installed. Photos #8 and #9 show the style of construction for the proposed garage, which appears identical to the existing house on the property. Mr. White questioned whether Mr. Wellings had ever received permission to increase the square footage of his driveway. Mr. Wellings stated that he had not increased the driveway area. Ms. Swain confirmed the size of the proposed garage at 24'x35' with the garage doors facing towards the lake. Mr. Wellings agreed with the measurements and location adding that in speaking to his neighbor, Rod Funston, his neighbor didn't want to look at the garage doors. Mr. White read a letter dated June 16, 2004 from Rod & Sidney Funston into the record. The letter expressed concern for the size of the proposed structure. Mr. Sedito asked if Mr. Funston would see the proposed garage. Mr. Wellings stated that Mr. Funston would see the proposed garage when entering/exiting his property but not from the house. Mr. Wellings stated that his other neighbor is OK with the proposed structure. The existing vinyl garage is 12'x18'. This property has received (2) previous variances 1) for a pergola 2) for a deck. The plans originally submitted with the application are not being used. The proposed garage will be 40' from the edge of the road and 3' from the property line. Les Ernhout from the public spoke in favor of Mr. Wellings stating that he is a great neighbor and everything he has done has been top notch. Mr. Ernhout believes he will do the best job possible. Ms. Roberts asked about hardship? They chose to remove the existing garage. Could the garage be moved closer to the house and drive into it? Mr. Wellings stated that when the houses in the area were built years ago the garages were all put next to the road. Mr. Wellings stated that what ever grass is removed to construct the garage will be replaced at the opposite end of the driveway. Mr. Snook asked about moving the garage away from the road and driving into it. Mr. Wellings answered that he didn't like the look of garage doors from the road. Mr. White asked about his visual concept that the existing vinyl garage keeps moving. Mr. Wellings stated that it is anchored by 6'x6''s and is unmovable. Mr. White questioned the front line measurements and from what point they were measured? Ms. Roberts felt hardship could be found in the property itself. It was decided that Mr. Wellings would stake out the proposed structure (perhaps smaller at only 24'x24') and show the setback measurements from the front and side yards. Mr. Wellings will call the Land Use office when this is ready so the members could be informed and make individual visits. Mr. Wellings will also submit new complete floor plans with elevation. Mr. White asked for additional comments and input from the public.
MOTION: to continue ZBA- 0406 request of Harold J. Wellings, 298 West Shore Road, for a variance from Zoning Regulations 11.6.1 (side yard & front yard setback) to construct a garage was made by Ms. Leab, seconded by Mr. Sedito, by a 5-0 vote.
PUBLIC HEARING
Mr. White seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0407 request of Caroline Vanderlip, 28 Shearer Road, for a variance from Zoning Regulations 12.5.2 (no accessory structure shall be higher or larger in ground floor area than the principal structure, except in connection with an agricultural use) and 12.14.1 (generator location), to make several changes to an existing building, including garage space and install a generator. Secretary Pam Osborne informed members that she had only received back (1) certified mail receipt. Hugh O'Donnell was present, he is a neighbor within 200' of the property, and he received certified mail notice today. Stephen Wright was present to represent this application. Mr. Wright stated that the certified mailings were done last week. Mr. White read the letter of request into the record. Mr. Wright began by stating that this property was subdivided in 1994 and the only garage space was given to the other parcel. The building being renovated was an agricultural building added onto several times. The front portion was used to process turkeys, consisting of coolers, work and utility rooms. There is extensive termite and ant damage the walls are powder according to Mr. Wright. With the proposed changes the building will extend 5' into the driveway, they with fill in an "alley way" between the two buildings, it will become more energy efficient and have more usable space. At present the doorways are poorly protected. On the accompanying plan the yellow highlighted areas are new footprint and the pink areas are roof extensions. Mr. Wright took members on a pictorial tour of the building and immediate property. (These pictures were added to the file) The potion marked "Turkey Cooler" will be leveled and rebuilt and will remain a secondary building. This secondary building is presently larger than the main house. Mr. White asked if there would be a room over the garage. Mr. Wright stated no just the rafters. The present roof is very cut up they will redo roof lines to match the main house. Ms. Leab asked if while adding to the garage they couldn't find space for the generator that would be less obtrusive to the owners and neighbors. This secondary building has a guest house with (3) bedrooms. The main house including the porch is 2125 square feet and the guesthouse at present is 2834 square feet with the proposed improvements would become 3408 square feet plus volume. The proposed garage portion measures 27'x37'. The distance between the main house and the secondary structure is between 16' - 18'. Mr. Sedito confirmed that the height of the guest house will be smaller than the main house. The approximate height of the main house is 30' and the height of the proposed garage will be 18'. Mr. Wright mentioned other alternatives being attaching the main house to the secondary building or adding more driveway and additional buildings. The lot is big enough to do either of these. Mr. Wright feels the proposed changes are more appropriate for the area. Mr. O'Donnell interjected that the "turkey coolers" are difficult to look at and the proposed plan looks good. It was disused whether the bump-out was needed for the garage and it was confirmed that you would enter the garage by the side facing the neighboring property. Mr. Snook asked if site work had been done. Mr. Wright stated some demolition has been done; the main house is undergoing extensive renovations at present. Discussion went on to the generator which is proposed for installation 150' from the main structure served. Mr. Wright stated that there is landscaped garden around the main house, patio between the pool house and pool; there is an A/C unit next to the main house which the owners would like to move. There is existing pool equipment and a propane tank behind an existing stone wall. The grade drops approximately 12' and they would like to install the 20kw generator next to the pool equipment. Mr. O'Donnell the adjoining property owner commented on the existing A/C units next to the house. He would not like to see more machinery invade this area to assist in minimizing noise and felt the proposed location helps with this noise issue. Mr. White asked for questions or comments from the public. Mr. White asked that the hearing be continued to assure that adjoining property owners within 200' had received notice.
MOTION: to continue ZBA-0407 request of Caroline Vanderlip, 28 Shearer Road, for a variance from Zoning Regulations 12.5.2 (no accessory structure shall be higher or larger in ground floor area than the principal structure, except in connection with an agricultural use) and 12.14.1 (generator location), to make several changes to an existing building, including garage space and install a generator was made by Ms. Leab, seconded by Ms. Roberts, by a 5-0 vote.
PUBLIC HEARING
Mr. White seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0408 request of Corax Corp., 248 West Shore Road, for a variance from Zoning Regulations 12.14.1 & 12.14.3 (generator location), to install a generator. Mr. Manson was present to represent his application. Mr. Manson explained that he wants to move the generator inside an existing garage. This is an after-the-fact application the generator has already been installed elsewhere on Mr. Manson's property. If the generator is moved into the garage it will be 82' from the house it serves. The adjoining property is lake frontage only. Mr. Manson states that if he moves the generator to within 25' of his house he will be closer to his neighbor's property. Mr. Manson explained that his 95 year old mother stays with them on the weekends and needs a back up source if the electricity fails for climate control. Ms. Swain read the letter of request into the record. The generator is a 15kw. Mr. Manson explained that the garage was built presumably in the 1930's and his driveway is in front of the garage. Mr. White asked for further questions or comments from the public.
MOTION: to close ZBA-0408 request of Corax Corp., 248 West Shore Road, for a variance from Zoning Regulations 12.14.1 & 12.14.3 (generator location), to install a generator was made by Ms. Roberts, seconded by Mr. Sedito, by a 5-0 vote.
MEETING
Mr. Snook felt that being inside the garage the generator would become more sound proof. He is OK with granting a variance. Mr. White reminded members of the history of the generator regulations and the job of balancing what makes sense. Ms. Leab felt that the garage location was a better solution with the least impact. Mr. Sedito agrees with Mr. Snook and Ms. Leab. Ms. Roberts felt that Mr. Manson is being sensitive to his neighbors. Mr. White's concerns are with the sound levels around the lake.
MOTION: to approve ZBA-0408 request of Corax Corp., 248 West Shore Road, for a variance from Zoning Regulations 12.14.1 & 12.14.3 (generator location), to install a generator by a 4-1 vote.
Ms. Leab, Mr. Sedito, Mr. Snook and Ms. Roberts voted to approve.
Mr. White voted to deny.
A brief discussion followed on the current generator regulation and whether there was a need to look at modifying them.
MOTION: to accept the minutes of the May 13, 2004 meeting as submitted was made by Ms. Swain, seconded by Mr. Snook, by a 5-0 vote.
OTHER BUSINESS
Ms. Roberts spoke with Atty. Zizka about the ZBA requirement of an A-2 survey for all applications; it was his opinion that the requirement for the A-2 survey should not change the commission should stick to requiring the A-2 survey.
Members discussed scheduling Atty. Zizka to come speak to them the date was tentatively set for September 23rd.
MOTION: to adjourn was made by Ms. Swain at 9:42pm, all were in agreement.
Submitted subject to approval,
Pamela L. Osborne, Secretary
May 13, 2004
Present: Edmund White, Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts
Alternates: Mark Averill, Todd Catlin
Guests: Gene Swanson, Paul Manson, Press
Edmund White, Chairman called the meeting to order at 7:30pm and read the legal notice for tonight's meeting.
Public Hearing - Continued
Mr. White seated regular members Bradford Sedito, Randolph Snook, Polly Roberts, himself and alternate Mark Averill.
ZBA-0404 request of Gene D. Swanson II, 18 Cook Street, for a variance from Zoning Regulations 11.6.1.c (side yard setback), 12.1.1 (setback form watercourse) and 17.4.a (increasing the nonconformity of a nonconforming structure), to build a deck. Gene Swanson was present to represent his application. Mr. Swanson began by explaining the setbacks from the proposed deck. They were as follows: on the "Borger" side 13' to the property line, on the right-of-way side 17'6" from the property line, in the rear 91' to the property line and the front 55' to the property line. On his map Mr. Swanson has outlined the existing porch in red and the proposed porch in turquoise. Mr. Swanson has spoken with Mike Ajello the Inland Wetland enforcement officer because of a stream located off his property. Mr. Swanson will have to go on to the Inland Wetlands Commission. The proposed porch will measure 30' x 16'. It will be 7'6" off the ground. In speaking with his neighbors Mr. Swanson said he received positive feedback. Mr. Swanson will use pressure treated wood and possibly composite decking. He will be removing the existing porch. The porch serves as the second exit to the house. The front of the house is level with the road and has a front porch which has two steps up to it. The Swanson's use the Town right-of-way for parking. Mr. Swanson stated that the existing porch is not up to code and unsafe for their toddler. The house was previously occupied by Mr. Swanson's grandmother; he has owned it since 1999. This appears to be the only place to put the porch. Mr. White asked for further questions or comments from the public.
MOTION: to close ZBA-0404 request of Gene D. Swanson II, 18 Cook Street, for a variance from Zoning Regulations 11.6.1.c (side yard setback), 12.1.1 (setback form watercourse) and 17.4.a (increasing the nonconformity of a nonconforming structure), to build a deck was made by Mr. Snook, seconded by Mr. Sedito, by a 5-0 vote.
MEETING
Mr. Snook admits it's hard to perceive a hardship, but also hard not to approve such a modest request. Mr. Averill felt this request is reasonable, noting the safety issue with the child; he has no problem approving the request. Mr. Sedito added that the existing deck is small and not suitable for egress. Ms. Roberts agrees with other members this obviously will not become an extension of the existing house, which is always a concern. Mr. White questioned the use of the new Special Exception Application, which would apply to older homes in an effort to extend their life and use.
MOTION: to approve ZBA-0404 request of Gene D. Swanson II, 18 Cook Street, for a variance from Zoning Regulations 11.6.1.c (side yard setback), 12.1.1 (setback form watercourse) and 17.4.a (increasing the nonconformity of a nonconforming structure), to build a deck by a 5-0 vote.
PUBLIC HEARING
Mr. White seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0405 Request of Corax Corp., 248 West Shore Road, for a variance from Zoning Regulations 12.14.1 & 12.14.3 (generator location), 11.5.1 (lot coverage)and 17.4.a (increasing the nonconformity of a nonconforming structure) to install a generator and addition to existing structure. Paul Manson was present to represent his application. Mr. White read the (2) letters of request into the record. Mr. Manson explained that there is now an impervious surface of flagstone and a chimney between the main house and guest house. The house was built in 1938 and added onto in 1964. Mr. Manson presented a computer image of the connection between the main house and guest house. The addition will add 57 sq. ft.; it will be approximately 8' x 20'7", it is 67' from the front property line and 68' to the water. Present lot coverage is 5792. The A-2 survey presented does not show several walkways on the property but Mr. Manson included them in his calculations. Mr. Manson stated that he is also proposing to add a second story onto the guest house; he will bring the roof line of the guest house into the roof line of the main house. The guest house is presently (1) story approximately 15'7" x 23'. Mr. White interjected that there needs to be an exact plan presented, things are very sensitive in the lake area. There needs to be true documentation of coverage, there is a difference between closing the gap and closing the gap and going up in volume. The A-2 survey has no dimensions, is missing both walkways and the driveway. Mr. Sedito stated that the survey is poor; the commission deals with the property not the applicant. Mr. Manson interjected that he is asking for 1/10th % the impact is minimal. Mr. White does not disagree but they need to look at the project as a whole. Mr. Snook added that this is not just an extension of the patio, it's increasing the structure what is the goal? The commission needs more detail and concrete measurements. It needs the plotted distance from the watercourse, exact footprint of the addition, exact lot coverage and elevations. Mr. Sedito was concerned with the applicant stating a "connection" between the guesthouse and main house, when in fact he will truly be changing the structure. Discussion then went on to the generator part of the application. Mr. Manson admitted that the generator has already been installed. It is 2' x 4', 1500 watts. Mr. Snook voiced his concern with the noise levels around the lake. Mr. Sedito asked if a contractor installed the generator and if a trench was dug to the house for electrical. Mr. Manson confirmed that all the work has been done already by a contractor. Members asked without a variance? Without a permit? Ms. Leab questioned the legal notice requirements; this was not noticed for distance to the lake. Members went on to discuss different locations for the generator. Mr. Manson stated that there was an existing propane tank, the generator is located on a pad and self tests once a week for 7 minutes. He chose a location that seemed quietest to his neighbors and himself. One neighbor Betty Sutter submitted in writing that she had no objection to the compressor. It was concluded that as presented there was not enough information to go forward with this application. Mr. White told the applicant that he could withdraw and reapply or continue and bring more information to the next meeting. There was discussion about getting all the information together by the next meeting. At this point Mr. Manson withdrew his application. Mr. White reminded Mr. Manson that the generator is in violation and needs to be moved to be within the Zoning Regulations or he needs to reapply for a variance.
PUBLIC HEARING - CONTINUED
Mr. White seated regular members Bradford Sedito, Randolph Snook, Polly Roberts, himself and alternate Todd Catlin.
ZBA-0403 request of Carolyn Vanderlip, 28-30 Shearer Road, for a variance from Zoning Regulation 12.14.1 (generator location), to install a generator. There was no one present to represent this application. Mr. Catlin has seen the property and noted a location near the guest house that he believes would conform to the Zoning Regulations. Mr. White asked for questions or comments from the public.
MOTION: to close ZBA-0403 request of Carolyn Vanderlip, 28-30 Shearer Road, for a variance from Zoning Regulation 12.14.1 (generator location), to install a generator was made by Ms. Roberts, seconded by Mr. Snook, by a 5-0 vote.
MEETING
Mr. Snook is not in favor of granting this variance based on the information provided; he sees a whole spectrum of locations that fall within the regulations. Mr. Catlin agrees with Mr. Snook and added there is no hardship. Mr. Sedito would have to vote no also based on information that members don't have. Ms. Roberts and Mr. White agree.
MOTION: to deny ZBA-0403 request of Carolyn Vanderlip, 28-30 Shearer Road, for a variance from Zoning Regulation 12.14.1 (generator location), to install a generator by a 5-0 vote.
Mr. Catlin corrected the adjournment time from the April 15, 2004 minutes to read 7:54pm.
MOTION: to accept the minutes as corrected of the April 15, 2004 meeting was made by Mr. Sedito, seconded by Ms. Roberts, by a 5-0 vote.
OTHER BUSINESS
There was discussion on the requirement for an A-2 survey for ZBA applicants. Pam Osborne Secretary will contact Mike Zizka about language to allow for leeway of this requirement up to the discretion of members.
MOTION: to adjourn was made by Mr. White at 9:30pm, all agreed.
Submitted subject to approval,
Pamela L. Osborne, Secretary
April 15, 2004
MEMBERS PRESENT: Mr. White, Mr. Sedito, Mr. Snook, Mrs. Roberts
MEMBER ABSENT: Mrs. Leab
ALTERNATES PRESENT: Mr. Averill, Mr. Catlin, Mrs. Middlebrook
STAFF PRESENT: Mrs. Hill
ALSO PRESENT: Mr. Swanson, Mr. Manson, Mrs. FriedmanMr. White read the legal notice for both public hearings, which was published in Voices on April 4 and April 11, 2004.
PUBLIC HEARINGS
Vanderlip/28-30 Shearer Road/#ZBA-0403/Variance Request: 12.14.1 -Location for Installation of a Generator
Mr. White called the hearing to order at 7:33 p.m. and seated Members White, Sedito, Snook, and Roberts and Alternate Catlin for Mrs. Leab.
Mr. White noted for the record that all property owners within 200 feet of the Vanderlip property had not been notified by certified mail of the public hearing. It was the consensus to continue the hearing to provide the applicant the opportunity to fulfill the notice requirement.
MOTION: To continue the public hearing to consider application #ZBA-0403 submitted by Mrs. Vanderlip, 28-30 Shearer Road, for a variance from Zoning Regulation 12.14.1: location for installation of a generator, to May 13, 2004 at 7:30 p.m. in the Land Use Meeting Room, Bryan Memorial Town Hall. By Mrs. Roberts, seconded by Mr. Snook, and passed 5-0.
At 7:36 p.m. Mr. White continued the public hearing to May 13, 2004.
Swanson/18 Cook Street/#ZBA-0404/Variance Request: 11.6.1.c - Side Yard Setback, 12.1.1 - Setback from a Watercourse, and 17.4.1 - Increasing the Nonconformity of a Nonconforming Building/To Construct a Deck
Mr. White called the public hearing to order at 7:37 p.m. and seated Members White, Sedito, Snook, and Roberts and Alternate Averill for Mrs. Leab.
Mr. White noted for the record that all property owners within 200 feet of the Swanson property had not been notified by certified mail of the public hearing. It was the consensus to continue the hearing to provide the applicant with the opportunity to fulfill the notice requirement.
Mrs. Middlebrook arrived at this point.
MOTION: To continue the public hearing to consider application # ZBA-0404 submitted by Mr. and Mrs. Swanson, 18 Cook Street, for variances from Zoning Regulations 11.6.1.c- side yard setback, 12.1.1-setback from a watercourse, and 17.4.a-increasing the nonconformity of a nonconforming building to construct a deck to May 13, 2004 immediately following the hearing for #ZBA-0403 in the Land Use Meeting Room, Bryan Memorial Town Hall. By Mrs. Roberts, seconded by Mr. Sedito, and passed 5-0.
At 7:38 p.m. Mr. White continued the hearing to May 13, 2004.
These public hearings were recorded on tape. The tape is on file in the Land Use Office, Bryan Memorial Town Hall, Washington Depot, Ct.
REGULAR MEETING
Mr. White called the Meeting to order at 7:39 p.m.
Consideration of the Minutes
Mrs. Roberts pointed out in the 3/18/04 Minutes under Gatto/#ZBA-0402 that she had recused herself as an adjoining property owner and said this should be noted for the record.
MOTION: To accept the March 18, 2004 Minutes as corrected. By Mr. Snook, seconded by Mrs. Roberts, and passed 5-0.
Mr. White reported that briefs were being prepared for both pending lawsuits. Court procedure was briefly discussed.
Mr. White noted a second land use seminar would be held on April 29. He said he had asked Atty. Zizka to attend a future meeting to discuss hardships. In the meantime, he said he would circulate copies of cases so the Members could review how other boards have dealt with the issue of hardship.
Mr. Sedito noted the two current applications did not include A-2 surveys as is now required by the Board. He questioned whether this requirement was too strict as the cost of the survey in the case of Mr. Swanson, for example, would most likely be more than the proposed deck. Mrs. Roberts said the instructions on the application form say the A-2 survey is required, but Mr. Snook pointed out the Regulations state it may be required. Mr. White and Mrs. Roberts noted the Board had agreed A-2s were needed due to the poor quality sketch plans and information often submitted with variance applications. It was suggested that criteria could be established for determining under what circumstances an A-2 would be required, thus, taking the burden off applicants proposing insignificant projects. Mrs. Roberts thought this could work if it was clear the ZBA has the authority to require one when needed. Mr. White asked the Board to consider this problem and to come prepared to discuss it at the next meeting.
Mrs. Friedman informed the Board the Zoning Commission has begun work to implement the 2003 Plan of Conservation and Development. Several matters including, The Green District, protection of scenic vistas, and age restricted housing are currently being discussed. Mr. White asked that he be sent copies of future Zoning agendas.
MOTION: To adjourn the meeting. By Mr. Sedito.
Mr. White adjourned the meeting at 8:54 p.m.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Janet M. Hill, Land Use Coordinator
March 17, 2004
Present: Edmund White, Katharine Leab, Randolph Snook, Polly Roberts
Alternates: Mark Averill, Georgia Middlebrook
Guest: Dave & Sheryl Boccuzzi, Christopher & Laura Gatto, Nick Solley, PressThe Chairman, Edmund White called the meeting to order at 7:30pm and read the legal notice for tonight's meeting.
PUBLIC HEARING
Mr. White seated regular members Katharine Leab, Randolph Snook, Polly Roberts, himself and alternate Mark Averill.
ZBA-0401 Request of Dave Boccuzzi, 9 Walker Brook Road S, for a variance from Zoning Regulations 11.6.1.c (front yard setback), 17.4.a (increasing the nonconformity of a nonconforming structure), to extend main roof to create a 4'x12' front porch. Dave and Sheryl Boccuzzi were present to represent this application. Mr. Boccuzzi began by stating that he is in the process of replacing the roof shingles on his house and would like to extend the front porch overhang to cover the front door. There is an existing overhang/roof/stoop which is 3'x4'. The new porch would tie into the existing roof line and just extend the existing roof. There is an existing trap rock walkway to the front door. Mr. Snook asked about construction material. Mr. Boccuzzi answered that he would use pressure treated wood with a mahogany finish. The house was originally built in 1954. The addition would be 84sq ft. and would blend with the flow of the roof line. This is the main entrance to the house. Ms. Leab asked about lot coverage. Lot coverage calculations have been made and submitted, there appears to be no lot coverage issue. Mr. White asked for further questions and comments from the public. The walkway will be flush with the house. Mr. White asked if there was the possibility of this becoming a room? Mr. Boccuzzi stated that it would be an open porch, a landing with one step to the ground.
MOTION: to close ZBA-0401 request of Dave Boccuzzi, 9 Walker Brook Road S, for a variance from Zoning Regulations 11.6.1.c (front yard setback), 17.4.a (increasing the nonconformity of a nonconforming structure), to extend main roof to create a 4' x 12' front porch, was made by Ms. Roberts, seconded by Mr. Snook, by a 5-0 vote.
MEETING
Ms. Roberts is in favor of granting this variance, it is a modest request. Mr. Snook and Ms. Leab agree with Ms. Roberts. Mr. Averill drove by the property and has no problem with the request. Mr. White addressed the practicality of having a covered entrance way.
MOTION: to approve ZBA-0401 request of Dave Boccuzzi, 9 Walker Brook Road S, for a variance from Zoning Regulations 11.6.1.c (front yard setback), 17.4.a (increasing the nonconformity of a nonconforming structure), to extend main roof to create a 4' x 12' front porch by a 5-0 vote.
PUBLIC HEARING
Mr. White seated regular members Katharine Leab, Randolph Snook, himself and alternates Mark Averill and Georgia Middlebrook.
PUBLIC HEARING
ZBA-0402 Request of Christopher & Laura Gatto, 155 Woodbury Road, for a variance from Zoning Regulations 11.6.1.c (front and side setbacks) and 17.4.a (increasing the nonconformity of a nonconforming structure), to raise the pitch of an existing roof and addition of cupola. Laura and Christopher Gatto were present to represent this application. Ms. Gatto read the letter of request for the roof dated January 29th and the letter of request for the cupola dated February 26th into the record. Mr. and Mrs. Gatto oriented members with the property location and site plan. Mr. Gatto stated that they had originally planned a car port but have nixed that idea. They will park in an area on the South Street side of the house. The roof to be raised in on the back side of the house and the cupola is to be added to the barn. Mr. Gatto stated that they are remodeling the house to make it their permanent home, there is limited space. The house was listed as having (4) bedrooms, which turned out to be closets, they are decreasing the bedrooms to (3). At present there is a rubber membrane on the roof which is pulling off the house. Mr. White read an undated letter received on February 19th from Doug Smith. Mr. Smith had no objection to the roof work but was concerned with the impact on the septic he shares with the Gatto's and other site work. Mr. Gatto stated that he has received all necessary permits to do the work and has spoken with the town sanitarian about the septic system. The house was built in 1910 and the Gatto's want to keep the natural settings surrounding the house. Members asked if the roof will be visible from the road. Ms. Gatto answered that from South Street there is a fence and trees which act as natural buffers. The property is a 1.237 acre parcel most of which is unusable because of wetlands and grade. The barn with the new cupola installed will be 23' 2 1/2 " in the front and 31' 10 1/2 " in the back. The cupola is prefabricated and measures 48" x 48". The cupola has been scaled to the building. The barns purpose is for artist work. Ms. Leab asked about lighting from the cupola. The bottom of the cupola is open to the interior and will be a source for indirect lighting. Mr. White asked for questions and comments from the public. Nick Solley was present as an adjacent land owner. Mr. Solley voiced his concern about the driveway near the side yard septic, building of retaining walls and location for a reserve septic. Ms. Gatto stated that they have done deep hole and perk tests across the stream and have spoken to the town sanitarian, they have gotten all approval. Ms. Gatto also stated that they have problems with the neighbor on the South Street side the issue being with the shared septic. Mr. Gatto admitted to wanting to do a dye test on the septic system but not getting the OK from the neighbor, he went on to state that everything they have done is within the regulations. They are not changing the bedroom, actually decreasing the bedrooms, no new plumbing. Mr. White added that we are dealing with the building the applicants are not going outside the existing footprint. Mr. Solley had no objections as long as perks were done. There is no lot coverage issue. Mr. White asked for additional questions or comments.
MOTION: to close ZBA-0402 request of Christopher & Laura Gatto, 155 Woodbury Road, for a variance from Zoning Regulations 11.6.1.c (front and side setback) and 17.4.a (increasing the nonconformity of a nonconforming structure), to raise the pitch of an existing roof and addition of cupola, was made by Mr. Snook, seconded by Mr. Averill, by a 5-0 vote.
MEETING
Ms. Leab asked if a vote could be taken individually one for the raised roof and one for the cupola. Members agreed to do so.
Ms. Leab understands the need for the raised roof so people can stand up straight. There will be no difference from the road. She also finds no hardship in the need for a cupola. Mr. Snook feels the Gatto's covered all bases. Ms. Middlebrook has no problem with either addition. Mr. Averill also understands the need for the room, the house will look nice and he's OK with the cupola. Mr. White sees completely the need for more room but isn't sure about the cupola, it's right on the road. He thinks skylights could accomplish the same effect. He has an issue with the cupola but is glad the size was addressed with the company supplying the prefab cupola, it could have been larger. Ms. Middlebrook asked if Mr. White thinks it is too small. Mr. White said no he's just bothered that it is there but understands that the indirect lighting adds a lot. Ms. Middlebrook added that cupolas were frequently added to barn structures in the late 1800's.
MOTION: to approve ZBA-0402 request of Christopher & Laura Gatto, 155 Woodbury Road, for a variance from Zoning Regulations 11.6.1.c (front and side setback) and 17.4.a (increasing the nonconformity of a nonconforming structure), to raise the pitch of an existing roof, by a 5-0 vote.
MOTION: to approve ZBA-0402 request of Christopher & Laura Gatto, 155 Woodbury Road, for a variance from Zoning Regulations 11.6.1.c (front and side setback) and 17.4.a (increasing the nonconformity of a nonconforming structure), for addition of cupola, by a 4-1 vote.
Mr. White, Mr. Snook, Mr. Averill and Ms. Middlebrook voted to approve.
Ms. Leab voted to deny.
MOTION: to accept the minutes of the January 15, 2004 meeting as submitted
was made by Ms. Roberts, seconded by Mr. Snook, by a vote of 5-0.
Other Business
Copies of the summons for the suit against ZBA regarding ZBA-0322 Corbo Assoc. were given to members. Atty. Zizka is representing ZBA for this suit.
Members were given information on an upcoming workshop on March 30 titled Roles and Responsibilities of Land Use Commissioners.
There was discussion on Zoning Regulation 17. 5 and the final wording of this regulation.
Members coordinated for the March 23rd workshop.
MOTION: to adjourn was made by Ms. Roberts at 8:50pm, all agreed.
Submitted subject to approval,
Pamela L. Osborne, Secretary
February 19, 2004
No Meeting
January 15, 2004
Members Present: Edmund White, Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts
Alternates Present: Mark Averill, Todd Catlin, Georgia Middlebrook
Guests: Robert L. Fisher, Jr., Esq., Dean & Jane Sarjeant, First Selectman Richard Sears, PressEdmund White, Chairman called the meeting to order at 7:40pm.
MOTION: to elect Edmund White as Chairman was made by Ms. Roberts, seconded by Ms. Leab by a 5-0 vote.
MOTION: to elect Polly Roberts as Vice-Chairperson was made by Mr. White, seconded by Mr. Sedito, by a 5-0 vote.
MEETING - CONTINUED
Mr. White seated Bradford Sedito, Randolph Snook, himself and alternates Todd Catlin and Georgia Middlebrook.
ZBA-0322 Request of Corbo Associates, Inc., 218 Wykeham Road, for a variance from Zoning Regulations 11.1.2 (area of soil type), 11.3.2 (acreage based on soil types) * old regulations, 11.2.1 (density regulations) * current regulations, to qualify a lot as a building lot. Members were given copies of a letter dated 1/15/04 from Michael A. Zizka, Esq. who commented on the Corbo application. Atty. Zizka made reference to case study, with this information from Atty. Zizka Mr. White was reassured that this was the right venue for the above matter. Mr. Snook questioned the second paragraph of Atty. Zizka's letter about the surveyor error. Mr. White explained about the original subdivision and feels it is not the ZBA's job to correct past mistakes. The mistake was made in the 1970's and not with the present owners. Mr. Catlin stated that the present land owners chose not to have the land surveyed. Mr. White stated that the property owner has three options the property owner can acquire more land to make the lot a 3 acre parcel, can attempt to change the Zoning Regulations or request a variance from the Zoning Board of Appeals. Mr. White still feels the applicant has other options; the Town did not make the mistake. Mr. Sedito interjected that the town has been collecting taxes on a building lot. Mr. Averill feels the applicant has exhausted all avenues of acquiring more land. Some discussion continued on lot size, adjoining property owners and the applicant's reapplication options.
MOTION: to deny ZBA-0322 Request of Corbo Associates, Inc., 218 Wykeham Road, for a variance from Zoning Regulations 11.1.2 (area of soil type), 11.3.2 (acreage based on soil types) * old regulations, 11.2.1 (density regulations) * current regulations, to qualify a lot as a building lot by a 2 -3 vote.
Mr. Sedito and Mr. Snook voted to approve.
Mr. White, Mr. Catlin and Ms. Middlebrook voted to deny.
PUBLIC HEARING - CONTINUED
Mr. White seated Bradford Sedito, Randolph Snook, Polly Roberts, himself and alternate Todd Catlin.
ZBA-0325 Request of Dean & Jane R Sarjeant, 28 Tinker Hill Road, for a variance from Zoning Regulations 11.5.1.a (lot coverage) and 11.6.1 (setback) for a boathouse. Members received copies of four letters submitted to the file. The letters were from: Edward J. Bennett dated January 2, 2004, Marisa and Lee Kilbrith dated January 5, 2004, Stephen J. Paggioli dated January 9, 2004 and Susan and Frank Smith undated. The letters were read aloud and were all in favor of granting a variance for the boathouse. Robert L. Fisher, Jr., Esq. was present to represent the applicants Dean and Jane Sarjeant who were also present. Atty. Fisher began by stating that the size of the boathouse was not an issue the problem was that it was 1 1/2' closer to West Shore Road. There was discussion on lot coverage. Ms. Roberts read from Atty. Byrne's letter of January 20, 2003 which stated that the property on the lake side of West Shore road counts as its own parcel and must meet lot coverage criteria. Mr. Sarjeant stated that the lot coverage is OK. Mr. Snook interjected that the lake side parcel is 3800 square feet. The original boat house was 30' x 45'. The Sarjeant's rebuilt a boat house measuring 10' x 16' including the roof overhang. Mrs. Sarjeant stated that Janet Hill, Zoning Enforcement Officer told them not to worry about the size, so they assumed it didn't matter; it was easier to dig where they did. Mr. Sedito asked about having control over rebuilding the boathouse to its original size. Mr. White stated this could not be done. Mr. Snook asked about the calls Mr. White had received about this boathouse. Mr. White received negative calls about the boathouse because ZBA has been tough around the lake and other people have been turned down on better spots than this. Atty. Fisher made reference to the favorable letters received about this application, which were from people immediately affected by the boathouse. At this point Mr. White asked for public comment. Mrs. Sarjeant commented that they have owned this property for 15 years, have made the land available for recreation to others and they built the boathouse where it is for safety issues. Members were reminded that the Sarjeant's still need to apply to Zoning for a special permit.
MOTION: to close ZBA-0325 Request of Dean & Jane R Sarjeant, 28 Tinker Hill Road, for a variance from Zoning Regulations 11.5.1.a (lot coverage) and 11.6.1 (setback) for a boathouse was made by Ms. Roberts, seconded by Mr. Snook, by a 5-0 vote.
MEETING
Mr. Sedito is undecided about this application; he is bothered by the 1 1/2 ' encroachment. It would not have been approved if presented to ZBA and they could build a bigger structure on the still existing old foundation. Mr. Snook is in favor of granting the variance, it has the endorsement of the immediate neighbors, the request is minor 12 square feet, and after reviewing photos and plans he feels it is reasonable. Ms. Roberts agrees with Mr. Sedito on the point that this application would not have been allowed but understands the chain of misunderstandings which have been documented. She would be in favor of allowing the variance but is irritated with an as-built application. Coverage is not a factor and she can live with the 1.5 feet. Mr. Catlin is torn on this application, there was confusion and misunderstanding with the permit, he also is not bothered by the 1 1/2 ' but is afraid of this being the beginning of a slippery slide. Mr. White reminded members that the ZBA looks at each property individually. Mr. Sedito asked about hardship. Mr. White answered the chain of events could constitute a hardship and Ms. Roberts added the tearing down of the structure is hardship. Mr. White torn as well on this application, ZBA has taken a hard line on lake applications; this is 90% within the regulations. The 1 1/2 ' is troubling.
MOTION: to approve ZBA-0325 Request of Dean & Jane R Sarjeant, 28 Tinker Hill Road, for a variance from Zoning Regulations 11.5.1.a (lot coverage) and 11.6.1 (setback) for a boathouse by a 4-1 vote.
Mr. White, Mr. Snook, Ms. Roberts, Mr. Catlin voted to approve.
Mr. Sedito voted to deny.
MOTION: to accept the minutes of the December 18, 2003 meeting as submitted was made by Mr. Sedito, seconded by Ms. Roberts by a 5-0 vote.
Other Business
Mr. White informed members that ZBA is being sued by Robert Winston and John David Hunter over ZBA-0326. Mr. White read the Aggrievement and Grounds for Appeal section of the summons. Atty Michael Zizka has been retained as council for this matter for the Zoning Board of Appeals. Pam Osborne, Secretary will send copies of the summons to all members.
Members were reminded of the Zoning Commission public hearing on January 26th dealing with Section 17.5.
The Zoning Board of Appeals has received a copy of the 2003 Plan of Conservation and Development which is kept in the Land Use office.
MOTION: to adjourn was made by Mr. Sedito, seconded by Mr. Snook by a 5-0 vote at 9:00pm.
Submitted subject to approval,
Pamela L. Osborne. Secretary
Meetings in 2003