The Town of Washington, Connecticut
Minutes: Zoning Board of Appeals, 2005
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www.WashingtonCT.org The Town of Washington, Connecticut Minutes: Zoning Board of Appeals, 2005 |
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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 15, 2005
Present: Edmund White, Katharine Leab, Bradford Sedito, Polly RobertsAlternates: Todd Catlin, Georgia Middlebrook
Guests: David Connolly, Curt Smith, David Owen, Werner Kappes, Addie Roberts
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, Bradford Sedito, Polly Roberts, himself and alternate Todd Catlin.
ZBA-0523 Request of The Gunnery, Inc., 99 Green Hill Road, a petition for special exception, a request for air conditioner to be situated farther from the structure principally served than is specified under section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations. Curt Smith from Smith & Company was present to represent this application. He submitted photos and acoustic data to the file. Mr. Smith explained that the Bourne Building has no air conditioning; they use window units and fans. Mr. Smith stated that if they were to put the a/c unit within 25' of the building it would be at 700' in elevation and the building would act as a sounding board for noise. The proposed location is at 690'in elevation and in a hollow adjacent to an 8' retaining wall. Mr. Smith feels the proposed a/c unit is tucked into to lowest point and went on to say the unit is approx. 3 1/2 ' x 6 1/2 ' and 4'4" high and the db rating is 58db at 100'. Mr. Smith went on to explain the terrain around the Bourne Building with lots of walkways, terraces and gardens. David Owen a neighboring property owner came forward to view the proposal, he emphasized that the proposed location should have less of an impact on neighboring properties. Mr. Owen felt that the proposed location was best. Members asked Mr. Smith about enclosing the a/c unit. He answered that the applicant was willing to enclose the a/c unit with fencing. Mr. White asked for further questions or comments from the public.
MOTION: to close ZBA-0523 request of The Gunnery, Inc., 99 Green Hill Road, a petition for special exception, a request for air conditioner to be situated farther from the structure principally served than is specified under section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations was made by Mr. Catlin, seconded by Ms. Leab, by a 5-0 vote.
MEETING
Mr. Catlin has no problems with the proposed location for the a/c unit, it makes the most sense. Ms. Leab agrees. Mr. Sedito feels it's a good spot, adding that with the fence he is OK with the proposal. Ms. Roberts is in agreement. Mr. White walked the property and agrees with other members other locations are higher and with the fence installed he is in favor of this application.
MOTION: to approve ZBA-0523 request of The Gunnery, Inc., 99 Green Hill Road, a petition for special exception, a request for air conditioner to be situated farther from the structure principally served than is specified under section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations as per map on file dated October 7, 2005 by Smith & Company Surveyors & Engineers with the addition of a fence around the air conditioning unit by a 5-0 vote.
PUBLIC HEARING CONTINUED
Mr. White seated regular members Katharine Leab, Bradford Sedito, Polly Roberts, himself and alternate Georgia Middlebrook.
ZBA-0521 request of David Connolly, 86 Calhoun Street, a petition for special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations. David Connolly was present to represent his application. The proposed location of the generator from the corner of the existing house to the generator is 150' as marked and initialed on map #944 on file. There is a porch on the house, but measurements are from the house not the porch. The proposed generator will be next to existing pool equipment and Mr. Connolly will be planting trees and installing a 6' fence around the generator as noted and initialed on the hand drawn map on file. Mr. Connolly went on to state that the db rating on the proposed generator is 69db at 23'. Mr. Connolly also noted that placing the generator in the proposed location is further away from his nearest neighbor, Mr. Williams, than placing it with in 25' of his house. Mr. White asked for further questions or comments from the public.
MOTON: to close ZBA-0521 request of David Connolly, 86 Calhoun Street, a petition for special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations was made by Mr. Sedito, seconded by Ms. Roberts by a 5-0 vote.
MEETING
Ms. Leab is conflicted and upset because of the drawings submitted. Ms. Middlebrook felt the proposed location was well thought out. Mr. Sedito is in favor of the application because the proposed location will have less of an impact on the nearest neighbor. He agrees the drawings submitted are not up to par. Ms. Roberts agrees with everything said. Mr. White feels that with the submitted drawings initialed the applicant understands the specifics and location of the proposed generator.
MOTION: to approve ZBA-0521 request of David Connolly, 86 Calhoun Street, a petition for special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations as per Town Clerk map #944 and hand drawn map on file with applicants initials by a 5-0 vote.
PUBLIC HEARING
Mr. White seated regular members Katharine Leab, Bradford Sedito, Polly Roberts, himself and alternate Todd Catlin.
ZBA-0524 request of Stefan Kappes, 8 Christian Street, request for a variance from Zoning Regulations 12.1.1 (setback from water course), 12.1.2 (set back from East Aspetuck River) and 11.6.1 (back yard and front yard setbacks), to construct a deck on existing structure. Werner Kappes was present to represent this application. Mr. Kappes began by describing the property as long and narrow with front and back yard setbacks overlapping and running through the center of the existing house, located on approx. .50 acre. The proposed deck will be off the kitchen and will have no egress steps. The applicant has already received Inland Wetlands approval. Mike Ajello, Zoning Enforcement Officer has signed off that lot coverage is OK. Mr. Ajello visited the sight and measured off the existing house, the porch will be no closer to the brook than the existing house at 18' as noted on the map submitted. The porch will be built on posts and open underneath. The house is a two-family built in 1900. Mr. White asked for further questions or comments from the public.
MOTION: to close ZBA-0524 request of Stefan Kappes, 8 Christian Street, request for a variance from Zoning Regulations 12.1.1 (setback from water course), 12.1.2 (set back from East Aspetuck River) and 11.6.1 (back yard and front yard setbacks), to construct a deck on existing structure was made by Ms. Roberts, seconded by Mr. Sedito by a 5-0 vote.
MEETING
Mr. Catlin stated that this is a classic hardship due to the lot, he is pleased that the applicant already has wetlands approval and is in favor of the request. Mr. Sedito feels the request is modest. Ms. Roberts and Ms. Leab agree. Mr. White is in favor of the request as it is modest, it's a tough lot, Wetlands is OK with the proposal and the angle of the porch keeps it away from the river.
MOTION: to approve ZBA-0524 request of Stefan Kappes, 8 Christian Street, request for a variance from Zoning Regulations 12.1.1 (setback from water course), 12.1.2 (set back from East Aspetuck River) and 11.6.1 (back yard and front yard setbacks), to construct a deck on existing structure as per map labeled Exhibit #1 by a 5-0 vote.
MOTION: to accept the minutes of the November 17, 2005 meeting of the Zoning Board of Appeals was made by Ms. Leab, seconded by Ms. Roberts by a 5-0 vote.
Other Business/Discretion of the Chair
Addie Roberts, Chairperson of the Planning Commission addressed ZBA members about the Depot Study. Ms. Roberts handed out a cover letter that goes with the Depot Study Report. ZBA will be receiving four copies of the report which the Planning Commission would like members to read and comment on by February of 2006. Katharine Leab asked about posting the report on the Town web site. Addie stated that the Planning Commissioners wanted feed back from commissioners first. Ms. Leab felt that if people can't see the document it will create problems, posting it will defuse problems. Chairman Ed White has a copy of the report, when Pam Osborne, secretary receives the other three copies she will get them to members who can pass them on to others.
The December 15, 2005 meeting of the Zoning Board of Appeals adjourned at 8:45pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
November 17, 2005
Present: Edmund White, Katharine Leab, Bradford Sedito, Randolph Snook, Polly RobertsAlternate: Georgia Middlebrook
Guests: Gene Wrabel, Dirk Sabin, Jacqueline Henning, David Behnke, Lindsay Gruson, Willie Connolly, Jim & Joanne Kelly
Mr. White, Chairman called the meeting to order at 7:30pm and read the legal notice for tonight's meeting. Mr. White went on to congratulate reelected regular member Polly Roberts alternate members Georgia Middlebrook and Todd Catlin. Members also congratulated Mr. White on his reelection.
PUBLIC HEARING - CONTINUED
Mr. White seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0516 Request of Wykeham Partners, 240 Wykeham Road, a petition for special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations. Gene Wrabel of Shepaug Valley Electric was present to represent this application. Pamela Osborne noted for the record that the correct certified mail notice had been completed for this application. Mr. Wrabel stated that he has spoken with the owner and builder who both agreed that the generator could be enclosed. There is an existing stone wall on the north side of the generator. Ms. Roberts made a site inspection and felt that because of the terrain the noise from the proposed generator was shielded from the house but would echo to the south and west. Members requested that a stockade fence be placed around the generator. Mr. Wrabel said he would convey the ZBA request to the applicant. Mr. White asked for further questions or comments from the public.
MOTION: to close ZBA-0516 request of Wykeham Partners, 240 Wykeham Road, a petition for special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations was made by Mr. Sedito, seconded by Ms. Leab, by a 5-0 vote.
Meeting
Katharine Leab felt that with the requested stockade fence she was just fine with granting the special exception. Mr. Snook and Mr. Sedito agreed. Ms. Roberts also agreed adding that taking into consideration the terrain the proposed location is better than placing it according to the Zoning Regulations, less noise impact. Mr. White was in favor of granting the special exception.
MOTION: to approve ZBA-0516 request of Wykeham Partners, 240 Wykeham Road, a petition for special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations by a 5-0 vote.
PUBLIC HEARING-CONTINUED
Mr. White seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0518 Request of Arthur Sachs & Susan Lerner, 104 Kielwasser Road, a petition for special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations. Dirk Sabin was present to represent this application. Mr. Sabin submitted two new documents; a letter addressing the three issues that arose from last months hearing and a map with measurements from the proposed generator to location of adjacent homes. Mr. Sabin reported that the applicant will be installing a 12kw unit. Dirk added that they will also enclose the proposed generator in a wood shed, enclosed on all four sides with a roof; the exhaust will go out the top. Mr. Sabin stated that the closest home to the proposed generator site is 480'-500' away, if they were to move the generator to within 25' of the house it would be closer to the nearest residence. Secretary, Pamela Osborne has spoken to Jay Morton, an adjacent property owner who is Ok with the proposed location for the generator. The db level for this generator is 65db at 7 meters. James Kelly another adjacent property owner has no objection to this application. Mr. White asked for further questions and comments from the public.
MOTION: to close ZBA-0518 Request of Arthur Sachs & Susan Lerner, 104 Kielwasser Road, a petition for special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations was made by Mr. Sedito, seconded by Mr. Snook, by a 5-0 vote.
MEETING
Ms. Leab was very pleased to see the work done on this proposal since the last meeting; enclosing the generator in a shed is an improvement and makes sense. Mr. Snook and Mr. Sedito agreed and had nothing to add. Ms. Roberts also agreed the shed will cut noise impact to neighboring properties. Mr. White agreed.
MOTION: to approve ZBA-0518 Request of Arthur Sachs & Susan Lerner, 104 Kielwasser Road, a petition for special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations by a 5-0 vote.
PUBLIC HEARING-CONTINUED
Mr. White seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0519 Request of Jacqueline Henning, 1 New Preston Hill Road, for a variance from Zoning Regulations 12.1.2 (set back from the E. Aspetuck River), and 11.6.1.c (setback from front yard and side yard), for additions to existing dwelling. David Behnke and Jacqueline Henning were present to represent this application. Mr. Behnke submitted an A-2 survey showing the western boundary line in question at the October meeting. The proposed addition of the 8'x11' porch is 4.21' to 4.31' from the property line. The other proposed stoop measure 6'x 5'. Mr. Behnke also submitted two letters from Josephine Johnson and Brooke & Peter Duchin. Mr. White asked for further questions or comments from the public.
MOTION: to close ZBA-0519 Request of Jacqueline Henning, 1 New Preston Hill Road, for a variance from Zoning Regulations 12.1.2 (set back from the E. Aspetuck River), and 11.6.1.c (setback from front yard and side yard), for additions to existing dwelling was made by Ms. Roberts, seconded by Mr. Sedito, by a 5-0 vote.
MEETING
Mr. Sedito stated that the applicant did what was asked and verified the property line; he is in favor of granting the variance. Mr. Snook agreed his concern was with the property line also. Ms. Leab added that the changes are minimal and the egress from the bedroom is a safety factor. Ms. Roberts agrees as does Mr. White.
MOTION: to approve ZBA-0519 Request of Jacqueline Henning, 1 New Preston Hill Road, for a variance from Zoning Regulations 12.1.2 (set back from the E. Aspetuck River), and 11.6.1.c (setback from front yard and side yard), for additions to existing dwelling by am5-0 vote.
PUBLIC HEARING-CONTINUED
Mr. White seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0520 Request of Lindsay & Jane Gruson, 61&62 Frisbie Road, for a variance from Zoning Regulation 11.6.1 (front yard setback), to construct a porch on existing dwelling. Lindsay Gruson was present to represent his application. Mr. Gruson submitted a revised A-2 survey showing the measured distance from the proposed porch, a foundation plan for the proposed porch and pictures of the property. The existing porch is 6'3" and the proposed porch will be the same 6'3". Mr. Gruson stated that there will be no foundation under the porch just footings. The A-2 survey shows the proposed porch addition to be 20.5' to 21.5' from the right-of-way. A letter from Roger Cannavaro, Forman for the Town Highway Department was submitted to the file. Mr. Gruson ended by stating that he was continuing his pursuit of the Town of Washington abandoning this section of Frisbie Road. Mr. White asked for further questions and comments from the public.
MOTON: to close ZBA-0520 Request of Lindsay & Jane Gruson, 61&62 Frisbie Road, for a variance from Zoning Regulation 11.6.1 (front yard setback), to construct a porch on existing dwelling was made by Ms. Roberts, seconded by Mr. Sedito by a 5-0 vote.
MEETING
Mr. Snook has no objection to this request. Ms. Leab is pleased with the results of getting the revised A-2 and plans, now we have the specifics. Mr. Sedito is satisfied, his questions have been answered. Ms. Roberts feels the request is modest and the hardship is with the right-of-way for a road that no longer exists. Mr. White agrees.
MOTION: to approve ZBA-0520 Request of Lindsay & Jane Gruson, 61&62 Frisbie Road, for a variance from Zoning Regulation 11.6.1 (front yard setback), to construct a porch on existing dwelling by a 5-0 vote.
MOTION: to accept the minutes of the September 15, 2005 and the October 20, 2005 meeting of the Zoning Board of Appeals was made by Mr. Snook, seconded by Ms. Roberts, by a 5-0 vote
MOTION: to elect Edmund White as Chairman and Polly Roberts as Vice Chairperson 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-0522 request of Joanne R. Kelly, 80 Kielwasser Road, for a variance from Zoning Regulation 11.6.1 (front yard setback), to construct a stoop & overhang. Jim & Joanne Kelly were present to represent their application. Mr. Kelly explained that at present there exists a door accessed by a 3'x5' stone stoop which is partially within the front yard setback. He is proposing to move the door 3' to the east and construct a 6'x5' wood frame stoop with 6'x3' roof overhang. Mr. Kelly states that the proposed stoop and overhang will lessen the non conformity by 8 sq. ft. of structure and 2sq. ft. of footprint, because of moving the existing door to the east. This entry way is designed to be an informal/kids entrance to the house. Mr. White asked for further questions or comments from the public. Neighboring property owners Jay Morton and Patricia Fowler submitted documentation that they have no objection to the Kelly application.
MOTION: to close ZBA-0522 request of Joanne R. Kelly, 80 Kielwasser Road, for a variance from Zoning Regulation 11.6.1 (front yard setback), to construct a stoop & overhang was made by Ms. Roberts, seconded by Mr. Snook, by a 5-0 vote.
MEETING
Mr. Snook has no objection to this request. Ms. Leab felt the proposed was modest and felt the overhang was a safety issue for the entryway. Mr. Sedito is in favor of the application, they are decreasing the non conformity. Ms. Roberts and Mr. White agree.
MOTION: to approve ZBA-0522 request of Joanne R. Kelly, 80 Kielwasser Road, for a variance from Zoning Regulation 11.6.1 (front yard setback), to construct a stoop & overhang, by a 5-0 vote.
PUBLIC HEARING
Mr. White seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0521 Request of David Connolly, 86 Calhoun Street, a petition for special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations. Willie Connolly, son of the applicant, was present to represent this application. Mr. & Mrs. Connolly were both out of town. Mr. White asked Willie Connolly if the area where the proposed generator was to be situated was level, Willie stated that it was. It was unclear if the Connelly's were going to enclose the proposed generator with shrubs. Members requested the following information: the proposed generator location be drawn to scale on the survey map with exact measurements to the house, what their plans were for keeping the noise level down, what the db level was for the proposed generator and if it had a sound enclosure.
MOTION: to continue ZBA-0521 Request of David Connolly, 86 Calhoun Street, a petition for special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations was made by Ms. Roberts, seconded by Mr. Snook, by a 5-0 vote.
Members were given a calendar of meeting dates for 2006.
Meeting adjourned at 8:50pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
October 20, 2005
Present: Edmund White, Katharine Leab, Bradford Sedito, Randolph Snook, Polly RobertsAlternates: Todd Catlin
Guests: Gene Wrabel, Robert Benn, Dirk Sabin, Michael Riva, Sevara Jeleva, Sean Woodward, Jacqueline Henning, David Behnke, Lindsay Gruson
The 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, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0516 Request of Wykeham Partners, 240 Wykeham Road, a petition for special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations. Gene Wrabel of Shepaug Valley Electric was present to represent this application. The certified mail notice for this application was sent from New York on Monday October 17th, 2005. Two certified notices were sent to "resident" at 106 & 110 Wykeham Road, the application is for 240 Wykeham Road. Mr. Wrabel began by explaining the type and location of generator proposed. The generator will be a propane run 12kw Kohler with sound enclosure, used to provide heat and hot water during power failure. It has a 65db at 7 meters and is proposed to be located approx. 150' from the structure principally served on the south east side of an existing barn/garage. A stonewall is being built on the south side of the proposed generator to shield noise from the house. Mr. Sedito asked if the applicant could extend the stonewall to shield noise from the other sides of the generator as well? Mr. Wrabel said he could suggest that to the applicant. Mr. White asked if other locations had be explored for placement of the generator. Mr. Wrabel stated that the power for the house comes from the south/east corner of the barn/garage so the proposed location made the most sense. Mr. White asked about locating the generator inside the garage? Mr. Wrabel felt this brought up issues with exhaust and fuel. Mr. Wrabel said he would speak with the applicant about the certified mail notices.
MOTION: to continue ZBA-0516 Request of Wykeham Partners, 240 Wykeham Road, a petition for special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations, was made by Mr. Sedito, seconded by Ms. Leab, by a 5-0 vote.
PUBLIC HEARING
Mr. White seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0517Request of Robert Benn, 26 Bell Hill Road, a petition for special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations. Robert Benn was present to represent his application. Mr. Benn began by explaining why he was seeking a special exception instead of complying with zoning regulations for the proposed installation of his generator. Mr. Benn stated that placing the generator within 25' of the structure principally served would amplify the noise for the neighbor on the north because the generator would be located in the open on top of a hill, on the east it would place the generator nearer to the road and neighbors across the street. The proposed location is behind a detached existing garage which is 35' from the house. Mr. Benn stated that there is a valley and ledge which create a noise barrier. With the existing propane tanks located behind the garage Mr. Benn felt this was an optimal spot. The proposed generator will be a 12kw; Mr. Benn stated that he will take every step possible to contain noise and is 99% sure it has a sound enclosure. No specifications were submitted for the generator. Mr. Benn stated that he owns the lot to the west of his property (behind the garage and proposed generator location). Mr. White asked for questions or comments from the public. The proposed generator will be placed on a slate pad. Mr. Snook asked Mr. Benn if he had any input in writing from his neighbors. Mr. Benn stated that he contacted four of the six neighbors and spoke with the neighbor to the north (Parker & Rogness) who is closest to his house; they were in favor of the proposed location. Members were in agreement that Mr. Benn is to submit specifications for the proposed generator and that it have a sound enclosure. Mr. Benn agreed.
MOTION: to close ZBA-0517 Request of Robert Benn, 26 Bell Hill Road, a petition for special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations, was made by Mr. Sedito, seconded by Ms. Roberts, by a 5-0 vote.
MEETING
Mr. Snook had reservations but with the stipulation that generator specifications are submitted and a sound enclosure be used he is ok with this application. Ms. Leab feels the property is a hardship and favors granting the special exception with the stipulations. Mr. Sedito stated that the proposed site will have less of an impact on the neighboring properties. Ms. Roberts agrees the proposed location is a better location than placing the generator within 25' of the house. Mr. White is in agreement also with the stipulations on specifications and sound enclosure.
MOTION: to approve Request of Robert Benn, 26 Bell Hill Road, a petition for special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations, by a 5-0 vote.
PUBLIC HEARING
Mr. White seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0518 Request of Arthur Sachs & Susan Lerner, 104 Kielwasser Road, a petition for special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations. Ten certified mail notices were sent out to property owners within 200' of the applicant's property on Friday October 14, 2005, five receipts have been returned. Dirk Sabin, landscape architect was present to represent this application. Mr. Sabin began by stating that the applicant's house is currently under construction at 104 Kinney Hill Road and they are proposing a 12 or 15kw generator with sound enclosure. Mr. White informed Mr. Sabin that they need to choose a specific size generator before the special exception will be granted. Mr. Sabin noted that the proposed generator's location to existing property lines as 74', 145', 272' and 280' (also noted on the grading and lay out plan dated March 1, 05). He located the nearest residence at approx. 400' away. The applicant proposes to place the generator next to a to-be-built detached barn; they will create a rock alcove and evergreen screening around the generator. Michael Riva (84 Kinney Hill Road) and Sevara Jeleva (88 Kinney Hill Road) adjacent property owners came forward to review the proposed location. Ms. Jeleva asked about placing the generator on the other side of the residence away from their property. Mr. Sabin stated that there was ledge to the west side. Ms. Jeleva added that they hear the construction as well as the Decker's pool equipment running. Mr. Sabin stated that the applicant's pool equipment will be inside the proposed barn. Mr. Snook noted that the db level at the property line would be 50db which is modest and a stockade fence would help with noise levels. Ms. Roberts read into the record a letter from Sevara Jeleva and Kenneth Paul dated October 20, 2005. Mr. Sedito asked Mr. Sabin to locate the neighboring properties residences, which he did. Mr. White suggested that some type of enclosure, perhaps a shed with insulation would cut down on noise. Mr. Sabin will speak to the applicant's about enclosures, will be in contact with Ms. Jeleva and invited both ZBA members and Ms. Jeleva to inspect the proposed generator site.
MOTION: to continue ZBA-0518 Request of Arthur Sachs & Susan Lerner, 104 Kielwasser Road, a petition for special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations, was made by Ms. Roberts, 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-0519 Request of Jacqueline Henning, 1 New Preston Hill Road, for a variance from Zoning Regulations 12.1.2 (set back from the E. Aspetuck River), and 11.6.1.c (setback from front yard and side yard), for additions to existing dwelling. Sean Woodward of Woodco LLC, Jacqueline Henning and David Behnke were present to represent this application. Mr. Woodward explained that the applicant is proposing the addition of two open decks (8'x11' and 5'x6') off the existing house and explained that if it were not for the river/wetland issue he would have applied for a special exception. The proposed porches will allow egress from the livingroom and bedroom. Mr. Woodward feels the entire property is a hardship it's a preexisting nonconforming. The house was built in 1921 and has a stone foundation, they are flipping the kitchen and bedroom (which was located in the front of the house and will now be located in the rear) for safety reasons. The front door has an existing covered porch. Mr. Woodward stated that the acreage is .38 acre and calculated existing lot coverage as 864sq. ft., with the additions it will be 1506 sq. ft., they are allowed 1693 sq. ft. The porch off the bedroom will be kept on the same plane with the house. No A-2 survey was submitted with this application. In discussion Mr. Woodward stated that the additions will cost approximately $4,000 an A-2 survey could run 25%of that cost. Mr. Woodward stated that the deck is going 8' out from the house, in line with the house, they are not increasing the distance to the side yard which he approximates at 2'-3'. He went on to explain that a right of way exists on this side of the house, the property is a family sub-division which predates zoning. Members are uncomfortable with the close side yard property line and no A-2 survey. Mr. White suggested the applicants look at adjoining properties for a surveyors pin from which measurements could be taken. Mr. Snook added that it would be in the best interest of the applicant to have an A-2 survey, you may be renovating on somebody else's property. Mr. Behnke noted that the applicant is on a limited budget. Mr. White stated the need to nail down exact locations. Mr. Snook went on to say that the requested renovations are modest, in the owner's best interest you need to know you own what you are building on, you need to know the location of the existing house relative to the property line. Mr. White asked for comments or questions from the public. Secretary Pamela Osborne received and noted a phone call from Doris Waldron, secretary of the New Preston Women's Club stating that they have no objection to the proposed application.
MOTION: to continue ZBA-0519 Request of Jacqueline Henning, 1 New Preston Hill Road, for a variance from Zoning Regulations 12.1.2 (set back from the E. Aspetuck River), and 11.6.1.c (setback from front yard and side yard), for additions to existing dwelling, was made by Mr. Sedito, seconded by Mr. Snook, by a 5-0 vote.
PUBLIC HEARING
Mr. White seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0520 Request of Lindsey & Jane Gruson, 61&62 Frisbie Road, for a variance from Zoning Regulation 11.6.1 (front yard setback), to construct a porch on existing dwelling. Lindsay Gruson was present to represent his application. Ms. Roberts read the applicant's letter of request into the record. Mr. Gruson explained that he wants to extend an existing porch on his house. There is a right-of-way "old town road" which exists 21'5" from the front corner of Mr. Gruson's house/porch according to the A-2 survey submitted dated August 26, 1998. Mr. Gruson stated that this "old town road" has a stonewall running across it and is his lawn which becomes a hay field. Mr. Gruson owns the adjoining parcel to the "old town road" shown on the A-2 survey as 32.641 acres. He added that he has started working with the Town of Washington to abandon this section of Frisbie Road. Mr. Gruson stated that he is not changing the front of the house, the additions start on the north side. Members need an exact footprint of the existing house showing the proposed 6' porch addition with measurements to the property line. Ms. Leab explained that this needs to be a snapshot, precise; the variance stays with the property forever. Members requested exact measurements of existing and proposed showing the closest point to the property line.
MOTION: to continue ZBA-0520 Request of Lindsey & Jane Gruson, 61&62 Frisbie Road, for a variance from Zoning Regulation 11.6.1 (front yard setback), to construct a porch on existing dwelling, was made by Ms. Roberts, seconded by Ms. Leab, by a 5-0 vote.
Consideration of Minutes from September 15, 2005: tabled to November 17th meeting.
Other Business
Members briefly discussed the A-2 survey requirement and guidelines for generators.
A letter was received and filed on September 22, 2005 from Harold Wellings and Lynn Baldwin regarding ZBA-0406, Wellings 298 West Shore Road.
The October 20, 2005 meeting of the Washington Zoning Board of Appeals was adjourned at 9:55pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
September 15, 2005
Present: Edmund White, Bradford Sedito, Randolph Snook, Polly RobertsAlternates: Todd Catlin, Georgia Middlebrook
Guests: Robert Baker, Robin Brass, Luis Gutierrez, Bill McCarthy Jr., Nick Solley, Valerie Anderson
Edmund White, Chairman called the meeting to order at 7:30pm and read the legal notice for tonight's meeting.
By request of a party for ZBA-0512 Mr. White started with the third agenda item.
PUBLIC HEARING
Mr. White seated regular members Bradford Sedito, Randolph Snook, Polly Roberts himself and alternate Georgia Middlebrook.
ZBA-0515 Request of Robert A. Baker, 63 Calhoun Street, a petition for a special exception for expansion of nonconforming dwelling, to make improvements to an existing dwelling. Robert Baker was present to represent his application. Mr. White read the explanation of request into the record. Mr. Baker stated that he has obtained a permit for demo work and has removed asbestos. Mr. Baker went on to state that he was trying to make the house more family friendly, the original section of the house dates back to 1860 with additions made in 1940. Mr. Baker would like to change the rear roof line and raise the rear wall height to give more head room, line up the ridge lines and alleviate a leakage problem. The only addition to the footprint of the existing house is the addition of a porch on the north side. Mr. Baker would also like to rebuild the front of the house, keeping the same building line, enclosing the porch to make it heated living space. The house sits on 2.93 acres and the existing garage will not be changed. Robin Brass, a neighbor came forward to view the proposed changes. Ms. Brass had no objection to the proposed changes, adding it will be a nice change in the neighborhood. Mr. Baker is requesting this special exception because the existing house is within the 50' front yard setback. Mr. White asked for further questions or comments from the public.
MOTION: to close ZBA-0515 request of Robert A. Baker, 63 Calhoun Street, a petition for a special exception for expansion of nonconforming dwelling, to make improvements to an existing dwelling was made by Mr. Sedito, seconded by Ms. Roberts, by a 5-0 vote.
MEETING
Mr. Snook feels this is a reasonable request and improvement to the property. Ms. Middlebrook added that the changes will make the house more livable. Mr. Sedito stated that this application is a perfect example of why the regulations were changed to allow special exceptions. Ms. Roberts feels that the architectural changes are modest and in keeping with the character of the existing house, it makes sense. Mr. White agrees the additions are within the existing footprint with a small bump out for the porch.
MOTION: to approve ZBA-0515 request of Robert A. Baker, 63 Calhoun Street, a petition for a special exception for expansion of nonconforming dwelling, to make improvements to an existing dwelling by a 5-0 vote.
PUBLIC HEARING CONTINUED
Mr. White seated regular members Bradford Sedito, Randolph Snook, Polly Roberts, himself and alternate Georgia Middlebrook.
ZBA-0512 Request of Red Barn Revocable Trust, 342 Woodbury Road, a petition for a special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations. Luis Gutierrez and Bill McCarthy Jr. were present to represent this application. Members had a chance to visit the site. Mr. White began by stating that this is a great property and his only concern is with the generator location close to the house and swing set area, he would enclose the unit for noise and safety reasons. Ms. Roberts has no objection to the proposed placement of the 50kw generator. The property is 86 acres. Mr. Gutierrez stated that the generator will be screened by pine trees. Mr. Snook calculated that at the nearest property line the db level is 52 which is very modest. Mr. White asked for comments or questions from the public.
MOTION: to close ZBA-0512 request of Red Barn Revocable Trust, 342 Woodbury Road, a petition for a special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations, was made by Mr. Sedito, seconded by Ms. Roberts by a 5-0 vote.
MEETING
Mr. Snook has no problem with this application; there is enough distance between the generator and closest neighbor. Ms. Middlebrook is in agreement. Mr. Sedito noted that the proposed location is further away from existing neighboring houses. Ms. Roberts and Mr. White agreed and had nothing to add.
MOTION: to approve ZBA-0512 request of Red Barn Revocable Trust, 342 Woodbury Road, a petition for a special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations by a 5-0 vote.
PUBLIC HEARING
Mr. White seated Bradford Sedito, Randolph Snook, Polly Roberts, himself and alternate Todd Catlin.
ZBA-0514 Request of Town of Washington, 10 Blackville Road, for a variance from Zoning Regulation 11.5.1 (lot coverage), to erect a storage facility. Nick Solley, Selectman was present to represent this application. Mr. Solley read the explanation of request. Mr. Solley noted that this parcel is now 17+ acres due to a land swap with Steep Rock, it has two prior variances from when the property was 4+ acres. The elevation for the proposed storage facility is 598'. Mr. Solley went on to state that the area is densely wooded and the proposed structure will not be seen by neighbors. It will be a pole barn style building with 12' overhead doors and metal roof. They will need to blast to create a flat area because of rock outcrops. Members were concerned about neighboring properties seeing the facility and Mr. Solley assured them that you can only see the rock cut away from property off of Parsonage Lane. When asked Mr. Solley stated that you will not be able to see it from the Pinnacle in Steep Rock's Hidden Valley. He added that the building will have natural/barn like siding. Mr. Solley explained that the Town has 11 trucks, a grader, a backhoe and a sweeper. They do not have enough storage space for the equipment in the existing garage on Blackville Road and do not want to clutter up the site. Mr. White asked if after this proposed construction the site will be built out. Mr. Solley said that the Town is still looking for a material storage area but the Blackville Road location is not conducive for this material storage. Mr. Sedito asked if this proposed storage facility will clear out the "old town garage". Mr. Solley answered that this was an effort to clean stuff out but not the conclusion. Mr. Sedito thought that when the new garage was built on Blackville Road that it would replace the "old town garage". Mr. Solley explained that the Blackville Road garage site is not near big enough to replace the "old town garage" a Steap Grant is being used to fund this project so there are budget constants. This will be a cold storage building with gravel floor and a graveled road leading to it. Mr. White asked if other locations have been investigated. Mr. Solley stated that there is not a lot to work with on the property and they will need to blast to make the site work. Discussion went back to vacating the "old town garage" and Mr. Solley stated that the buildings will remain with things inside until the town votes to discontinue use of or abandon the property. Valerie Andersen expressed concern about the view shed and questioned the procedure for blasting both of which affect the neighboring properties. Nick Solley stated that blasting permits are done through the Fire Marshall's office. Ms. Andersen also asked if this expansion will accommodate what is needed and will this be the end of expansion on the site? Mr. Solley ended by saying that this is an effort to clean up the "crap" on the "old town garage" site the proposed structure needs a variance because the lot coverage is increasing from 10% to 12 1/2 %. Mr. White asked for questions or comments from the public.
MOTION: to close ZBA-0514 request of Town of Washington, 10 Blackville Road, for a variance from Zoning Regulation 11.5.1 (lot coverage), to erect a storage facility, was made by Ms. Roberts, seconded by Mr. Snook by a 5-0 vote.
MEETING
Mr. Catlin felt the proposed storage facility made good sense and was a move in the right direction. Mr. Snook agreed it is a positive step in the right direction. Mr. Sedito stated that it is a modest increase in lot coverage but was disappointed that this would not abandon the "old town garage" site. Ms. Roberts agrees adding it should be made as big as possible to accommodate everything at the "old town garage" site. Mr. White is in favor of this application.
MOTION: to approve ZBA-0514 request of Town of Washington, 10 Blackville Road, for a variance from Zoning Regulation 11.5.1 (lot coverage), to erect a storage facility by a 5-0 vote.
Consideration of the minutes of August 18, 2005: Ms. Roberts made the following correction to the minutes: that the minutes did not reflect that she was seated for ZBA-0511 when in fact she was.
MOTION: to accept the minutes of the August 18, 2005 meeting of the Zoning Board of Appeals as amended was made by Ms. Roberts, seconded by Mr. Catlin, by a 5-0 vote.
Other Business
Members continued discussion on the requirement for an A-2 survey for ZBA applications. It was decided that Ms. Roberts will work on a statement.
Members were informed of PA 05-124 which requires property owners with "conservation restrictions" or "preservation restrictions" on their property to notify the holder of the restriction before applying for land use permits. Janet Hill Land Use Coordinator has drafted a "Mandatory Pre Application" form to be used in the Land Use Department. Members reviewed the form and thought that the time frame of 60 days prior needs to be added to the front when referring to the certified mail notice or needs to be highlighted on the reverse side.
Mr. Snook handed out a draft of revisions and suggestions to the Zoning Regulations regarding Special Exceptions to emergency power generators.
Members expressed concern with signage at 210 New Milford Turnpike, the 202 Marketplace, Pam Osborne; secretary will ask Mike Ajello the ZEO to check it out.
MOTION: to adjourn was made by Mr. Snook seconded by Mr. Catlin, by a 5-0 vote.
Submitted subject to approval,
Pamela L. Osborne, Secretary
August 18, 2005
Present: Edmund White, Katharine Leab, Bradford Sedito, Randolph Snook, Polly RobertsAlternates: Georgia Middlebrook
Guests: Daryl Wright, David Connolly, John Quist, Susan Bishop-Wrabel, Gene Wrabel, Joe Bennett Jr., John Cipetta, Luis Gutierrez, Bill McCarthy Jr., Lewis Manderson, Peter Kauff, Henry Martin
Edmund White called the meeting to order at 7:35pm and read the legal notice for tonight's meeting.
PUBLIC HEARING CONTINUED
Mr. White was absent from the June 16, 2005 meeting so Ms. Roberts's as Vice-Chairperson resided over ZBA-0508, continued hearing of Stephen Cohen.
Ms. Roberts seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, herself and alternate Georgia Middlebrook.
ZBA-0508 Request of Stephen Cohen, 62 Calhoun Street, a petition for a special exception, a request for generator to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations. Daryl Wright of Wright Electrical Company was present to represent this application. Mr. Wright submitted documentation about noise measurements for Cummings generators. He stated that the proposed 175kw generator has a 78.3db rating which according to the documents is moderately loud and less than heavy street traffic. Mr. Wright went on to say that Mr. Cohen wants to be a good neighbor and has decided that if the 175kw centrally located generator is not approved he will conform to the zoning regulations and install three generators ( 60kw, 35kw & 16kw) at the three separate locations within 25' of the house, barn and guest house. Mr. Wright felt that the preferred location would be the one unit centrally located on the property; three smaller units would generate more noise. The proposed 175kw generator will be located approx. 350' from the Connolly property line and 650' from the deLisser property. It will be mounted on a concrete pad and be diesel powered. David Connolly, the property owner to the north is worried about reverberating sounds from the proposed generator. Mr. Snook calculated that the noise level at the closes property line would be 50db. Mr. Wright stated that he is willing to enclose the proposed generator on four sides with a roof and have the muffler face away from neighboring properties. Mr. Sedito asked about buying a generator with more insulation. Ms. Roberts noted that the alterative, installing three generators would bring the noise closer to the Connolly property. Mr. Snook agreed and felt the noise would be reasonable with the enclosure. Ms. Roberts asked for questions or comments from the public. Mr. Connolly agreed saying the 175kw generator was the lesser of two evils. He asked about the special exception and Ms. Roberts explained the special exception application and history of it. Ms. Roberts asked for further comments and questions.
MOTION: to close ZBA-0508 request of Stephen Cohen, 62 Calhoun Street, a petition for a special exception, a request for generator to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations was made by Mr. Sedito, seconded by Mr. Snook, by a 5-0 vote.
MEETING
Mr. Snook has made his feelings and thoughts known during the public hearing. Ms. Middlebrook feels the central location of the proposed generator is the better choice. Ms. Leab has nothing to add. Mr. Sedito was not happy with the way the application was presented, the threat of three generators as opposed to one; he would like to avoid this in the future. Ms. Roberts is in agreement. Mr. Snook added that the regulations need to include db levels at the property line or other specific criteria.
MOTION: to approve ZBA-0508 request of Stephen Cohen, 62 Calhoun Street, a petition for a special exception, a request for generator to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations by a 4-1 vote.
Katharine Leab, Randolph Snook, Polly Roberts, Georgia Middlebrook voted to approve.
Bradford Sedito voted to deny.
The Zoning Board of Appeals granted Special Exception ZBA-0508 to Stephen Cohen, 62 Calhoun Street to locate a standby generator outside of the 25' zone required by Section 12.4.1 of the regulations. The lot at 62 Calhoun Street is 28 acres with a primary residence, barn and proposed guest cottage. The proposed location is 350' & 650'from the nearest property line. The proposed 175kw generator has a 78.3db noise level. The alternative to locate a generator at each structure would have more impact on neighboring properties.
PUBLIC HEARING
Mr. White seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0510 Request of Edmond Genest & Patricia Curtin, 240 Baldwin Hill Road, for a variance from Zoning Regulations 11.6.1.c (front yard setback) and 17.4.a (increasing the nonconformity of a nonconforming structure), to build a screened porch. John Quist was present to represent this application. Mr. White read the applicant's letter of request. Photographs of the present house and prior concrete patio were submitted. Mr. Quist stated that the porch will come off the gabled end, the roof pitch will be the same and it will be a screened porch only (no windows) measuring 9' x 17'. Mr. Quist noted that in the rear of the house the land has a severe up hill slope and the south side is the entry way to the house. He felt visibility from Baldwin Hill will be minimal. Mr. Sedito stated that there doesn't appear to be any other location for the proposed porch. Mr. White asked for further questions or comments from the public. Susan Bishop-Wrabel addressed the members by stating that she lives directly across the street from the Genest/Curtin property and supports their application. She is familiar with the structure and the land. Ms. Bishop-Wrabel feels that Mr. Genest has respect for the structure and it's "sense" to the landscape. He has been a quiet neighbor and she feels the addition will not be seen by passing traffic or even her second story. Gene Wrabel, a neighbor has no problem with the proposed porch and noted the very steep landscape.
MOTION: to close ZBA-0510 request of Edmond Genest & Patricia Curtin, 240 Baldwin Hill Road, for a variance from Zoning Regulations 11.6.1.c (front yard setback) and 17.4.a (increasing the nonconformity of a nonconforming structure), to build a screened porch was made by Mr. Sedito, seconded by Ms. Roberts, by a 5-0 vote.
MEETING
Mr. Snook sees no reason not to approve this request. Ms. Leab's stated this one is "dead simple". Mr. Sedito felt there are no alternative locations. Ms. Roberts agreed the proposed porch is modest in size and scale. Mr. White agreed noting the hardship is in the terrain.
MOTION: to approve ZBA-0510 request of Edmond Genest & Patricia Curtin, 240 Baldwin Hill Road, for a variance from Zoning Regulations 11.6.1.c (front yard setback) and 17.4.a (increasing the nonconformity of a nonconforming structure), to build a screened porch by a 5-0 vote.
PUBLIC HEARING
Mr. White seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, and himself.
ZBA-0511 Request of Joe Bennett Jr., 207 Bee Brook Road, for a variance from Zoning Regulation 12.1.3 (setback from Bee Brook), additions to existing house. Joe Bennett Jr. was present to represent his application. Mr. White read the explanation of request. Members reviewed the survey and proposed addition. Mr. Bennett noted that the decks are existing, only the two-story addition is being added. The corner of his existing house is 25' from the center of the brook. He is before the Zoning Board of Appeals for setback to the Bee Brook only; the proposed addition is 57.2' from the front property line. The existing house is two stories and will be reconditioned as well. Mr. Bennett stated that he loves the land but has run out of house and doesn't have enough room for his children. Mr. White asked for building plans. Mr. Bennett has building plans at home. Members agreed let Mr. Bennett go home to get the plans and reconvene the public hearing.
PUBLIC HEARING
Mr. White seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0512 Request of Red Barn Revocable Trust, 342 Woodbury Road, a petition for a special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations. Luis Gutierrez, of LG Landscaping Services LLC and Bill McCarthy of McCarthy Electrical were present to represent this application. Mr. White read the explanation of request. Mr. McCarthy stated that the proposed generator will be situated 160' from the house and set back on the wood line. The property is an 87 acre parcel. The proposed generator is a 50kw housed in a sound proof enclosure and has a 71-73db rating. It will be screened with trees and has woods behind it. Mr. White read a letter dated July 26, 2005 from Janet Tanner Poskas and Peter E. Poskas, Jr., who had no objection to the proposed generator. Mr. Snook asked if the ZBA could grant an application with conditions. Mr. White stated that conditions can be discussed and requested but they can not be conditions of approval. Mr. McCarthy stated that placing the generator on the wood line keeps it out of the middle of the lawn and when it's screened it will disappear. He added that the exhaust is on top of the unit and that's what makes the noise. Mr. Sedito asked if this location has less of an impact on the neighboring property. It will be 400' from the nearest property line. The Ensign residence to the north would be the closest. Mr. White stated that he wanted to see the site and the neighboring houses. Mr. Gutierrez though members hand already visited the site. It was decided to continue the hearing so members could visit the sight.
MOTION: to continue ZBA-0512 request of Red Barn Revocable Trust, 342 Woodbury Road, a petition for a special exception, a request for a generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations was made by Ms. Roberts, seconded by Mr. Sedito by a 5-0 vote.
Hank Martin, Zoning Commission Chairman addressed members saying he felt that the strategy of enclosing the generators was good and encouraged ZBA to make recommendations for changes to the Zoning Regulations. Mr. Snook added that he thought a meeting to discuss the db levels would be a good idea.
PUBLIC HEARING RECONVENED
ZBA-0511 Request of Joe Bennett Jr., 207 Bee Brook Road, for a variance from Zoning Regulation 12.1.3 (setback from Bee Brook), additions to existing house. Mr. Bennett was back with his building plans which showed the addition would be 28'4" at the highest point and will be 1170 sq. ft. Calculations show that lot coverage is well under 15%. The present house has three bedrooms, same as proposed. Perks have been done and location for a back up septic has been addressed. Mr. Bennett ended by stating that building on any other side of the house would be worse for the river. Mr. White asked for comments or questions from the public.
MOTION: to close ZBA-0511 request of Joe Bennett Jr., 207 Bee Brook Road, for a variance from Zoning Regulation 12.1.3 (setback from Bee Brook), additions to existing house was made by Ms. Roberts, seconded by Mr. Sedito by a 5-0 vote.
MEETING
Mr. Snook stated that as is the house is small, proposed construction is furthest away from the brook. Ms. Leab felt there is no other way for addition. Mr. Sedito feels that the existing house is small and not up to code. Ms. Roberts has nothing to add. Mr. White agrees with what has been stated keeping away from the river makes sense.
MOTION: to approve ZBA-0511 request of Joe Bennett Jr., 207 Bee Brook Road, for a variance from Zoning Regulation 12.1.3 (setback from Bee Brook), additions to existing house by a 5-0 vote.
PUBLIC HEARING
Mr. White seated Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0513 Request of Lewis Manderson, Jr., 134 Nettleton Hollow Road, a petition for a special exception, a request for pool filter to be situated farther from the structure principally served under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations. Mr. Manderson was present to represent his application. Mr. Manderson had applied for a variance in 2004 for his pool filter, he withdrew his application to pursue the contractor to relocate the equipment. Mr. Manderson began by stating that he contacted the pool installer who said he would move the equipment and then changed his mind. So he is back before ZBA applying for a special exception, his alternative was to sue the installer, Jim Dobson. The pool equipment is over 300' from all property lines except the Nettleton Hollow side which is 165'; the dwelling for this property is over a mile away. He went on to say that the pool equipment is quiet and has plantings around it. Henry Martin, the neighbor to the east came forward to look at the survey and equipment location. Mr. Martin has no objection to the applicant's request, he doesn't hear it, but added he doesn't want to see the site enhanced with additional electrical equipment. Mr. White asked for further comments or questions from the public.
MOTION: to close ZBA-0513 request of Lewis Manderson, Jr., 134 Nettleton Hollow Road, a petition for a special exception, a request for pool filter to be situated farther from the structure principally served under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations was made by Mr. Sedito, seconded by Ms. Leab by a 5-0 vote.
MEETING
Mr. Snook has no problem with this request. Ms. Leab feels Mr. Manderson has tried to correct the situation. Mr. Sedito agrees, pool filters are quiet. Ms. Roberts agrees also, there is no impact on neighbors. Mr. White is OK with this request, he is disappointed that Jim Dobson, a local contractor did not remedy the situation.
MOTION: to approve ZBA-0513 request of Lewis Manderson, Jr., 134 Nettleton Hollow Road, a petition for a special exception, a request for pool filter to be situated farther from the structure principally served under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations by a 5-0 vote.
Consideration of the minutes from June 16, 2005: Ms. Roberts noted the following error in the minutes decimal should be replaced with decibel/db.
MOTION: to accept the minutes of the June 16, 2005 meeting of the Washington Zoning Board of Appeals as amended was made by Ms. Roberts, seconded by Mr. Sedito by a 5-0 vote.
Other Business:
Mr. White announced Mark Averill's resignation form the Zoning Board of Appeals effective July16, 2005. He thanked Mr. Averill for trying to balance his position on the ZBA with owning a business in town. Mr. White is working on recommendations to submit to the Selectman's office to fill out Mr. Averill's term.
Mr. Snook suggested working on changes for the generator zoning regulations.
Mr. White also noted that he has been talking with Janet Hill about aggregation of lot coverage.
The August 18, 2005 meeting of the Zoning Board of Appeals adjourned at 9:30pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
June 16, 2005
Present: Katharine Leab, Bradford Sedito, Randolph Snook, Polly RobertsAlternates: Mark Averill, Todd Catlin, Georgia Middlebrook
Guests: Tammy Zinick, Calvin Zinick, Daryl Wright, Mary Agnes Collins, Ronald Chute, Roger Stikeleather, Public & Press
Vice Chairperson Polly Roberts called the meeting to order at 7:30pm and read the legal notice for the meeting.
Mr. Snook did some research on sound waves and generator. He distributed a hand out to members.
Public Hearing Continued
Ms. Roberts seated regular members Bradford Sedito, Randolph Snook, herself and alternates Todd Catlin and Georgia Middlebrook.
ZBA-0505 Request of Calvin & Mary Zinick, 4 Wheaton Road, a petition for a special exception, a request for generator to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations. Tammy & Calvin Zinick were present to represent this application. Ms. Zinick began by addressing Kate Oetjen's concerns of last month. Ms. Zinick stated that her parents shouldn't be penalized for what the future may bring, she feels the 8'-10' rhododendron will hide the generator and that the density of the natural vegetation will be a sound buffer. Ms. Zinick went on to state that the noise generated would be less than TV audio, adding that there is no natural buffer if the generator was to be located by the house. Ms. Roberts stated that she felt Ms. Oetjen's concerns were with her own property. The Zinick's generator is a 12kw it will run for emergency use only and will power the whole house. Mr. Sedito verified the rear property owners were Quarry Ridge. Ms. Roberts asked for other questions and comments from the public.
MOTION: to close ZBA-0505 request of Calvin & Mary Zinick, 4 Wheaton Road, a petition for a special exception, a request for generator to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations, was made by Mr. Sedito, seconded by Mr. Catlin, by a 5-0 vote.
MEETING
Mr. Sedito felt that the proposed location will have less of a noise impact on the neighbors. Mr. Catlin agrees he feels the proposed location is logical. Ms. Middlebrook agrees the shrub is a good buffer. Mr. Snook is in agreement. Ms. Roberts agrees and felt placing the generator next to the house would have an enormous reflective noise impact.
MOTION: to approve ZBA-0505 request of Calvin & Mary Zinick, 4 Wheaton Road, a petition for a special exception, a request for generator to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations, per map on file entitled Calvin & Mary Zinick, 4 Wheaton Rd, MarbleDale, CT, by a 5-0 vote.
The Zoning Board granted a Special Exception to Calvin & Mary Zinick to locate a standby generator outside the 25' zone required by Section 12.14.1 of the Regulations at a property located at 4 Wheaton Road. The requested location for the generator is 81' from the residence being served. ZBA determined that granting this Special Exception is consistent with the provisions of Section 12.14.5 and is supported by the following fact: The existing terrain is such that sound will be buffered by natural vegetation thus having less noise impact on neighboring properties than situating the generator within 25' of the structure principally served.
PUBLIC HEARING - CONTINUED
Ms. Roberts seated regular members Bradford Sedito, Randolph Snook, herself and alternates Mark Averill and Todd Catlin.
ZBA-0506 request of Caroline Vanderlip, 28 Shearer Road, a petition for a special exception, a request for generator to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations. Daryl Wright was present to represent this application. A letter was received from neighbors Hugh & Tina O'Donnell stating that they were OK with the location of the generator. Mr. Wright located the generator on the map; it is located 240' from the property line and is a 20k unit measuring approx. 4'x3', installed in a self contained insulated housing. Mr. Wright stated that if you were standing at the pool you couldn't tell if the pool equipment or generator were running. Ms. Roberts asked for questions or comments from the public.
MOTION: to close ZBA-0506 request of Caroline Vanderlip, 28 Shearer Road, a petition for a special exception, a request for generator to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations, was made by Mr. Sedito, seconded by Mr. Snook, by a 5-0 vote.
MEETING
Mr. Snook doesn't have a problem locating the generator next to the pool equipment; he would have more of a problem locating it within 25' of the house. Mr. Averill is comfortable with the location because the neighbors are fine with it. Mr. Catlin feels that this application is with keeping in the spirit of the revised regulations. Mr. Sedito agrees with Mr. Averill, his concerns were with the neighbor. Ms. Roberts is in agreement the location for the generator is well away from the neighbor.
MOTION: to approve ZBA-0506 request of Caroline Vanderlip, 28 Shearer Road, a petition for a special exception, a request for generator to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations, per Site Analysis Plan prepared by T. Michael Alex, dated January, 1994, Revised 5/3/94 & 9/14/94, by a 5-0 vote.
The Zoning Board of Appeals granted a Special Exception to Caroline Vanderlip to locate a standby generator outside of the 25' zone required by Section 12.14.1 of the regulations at a property located at 28 Shearer Road. ZBA determined that granting this Special Exception is consistent with the provisions of Section 12.14.5 and is supported by the following fact: The requested location of the generator will be further from neighbors than locating the generator within 25' of the structure served thus having less noise impact on the neighbor.
PUBLIC HEARING -CONTINUED
Ms. Roberts seated regular members Bradford Sedito, Randolph Snook, herself and alternates Georgia Middlebrook and Todd Catlin.
ZBA-0507 request of Mary Agnes Collins, 111 Bee Brook Road, a petition for a special exception for expansion of nonconforming dwelling. Ms. Collins was present to represent this application. Ms. Collins submitted the requested lot coverage calculations. The calculations show that the existing house is 628sq.ft. the addition to be 602.60sq.ft. The addition will be one story. Existing lot coverage is 2170.5sq.ft. proposed lot coverage is 2773.10sq.ft. Allowable lot coverage is 2900+. The addition will have a crawl space not a full basement. Ms. Roberts asked for further questions or comments from the public.
MOTION: to close ZBA-0507 request of Mary Agnes Collins, 111 Bee Brook Road, a petition for a special exception for expansion of nonconforming dwelling, was made by Mr. Catlin, seconded by Mr. Sedito, by a 5-0 vote.
MEETING
Mr. Sedito felt this application falls within the intent of the special exception, allowable lot coverage is not exceeded and it supports the continued use of a single family dwelling. Mr. Catlin agrees and appreciates the effort made to comply with the side yard setback. Ms. Middlebrook also agrees and feels the addition will enhance the appearance of the house. Mr. Snook is in agreement. Ms. Roberts also agrees and feels the addition is architecturally in keeping with the present house.
MOTION: to approve ZBA-0507 request of Mary Agnes Collins, 111 Bee Brook Road, a petition for a special exception for expansion of nonconforming dwelling, per Zoning Location Survey prepared by David J. Little, December 7, 2004 and plans drawn by Hallas Design LLC, dated Feb. 19/2005, by a 5-0 vote.
The Zoning Board of Appeals granted a Special Exception to Mary Agnes Collins at 111 Bee Brook Road for an addition to her house. This exception permits an addition to a nonconforming single family dwelling that would otherwise not be permitted per Section 11.6 of the Regulations regarding front yard setbacks. It was determined that lot coverage was not an issue in this case. The Zoning Board of Appeals determined that granting this Special Exception supports the continued use of a single family dwelling and that the addition will be clad in clapboards to match the existing house.
PUBLIC HEARING
Ms. Roberts seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, herself and alternate Georgia Middlebrook.
ZBA-0508 request of Stephen Cohen, 62 Calhoun Street, a petition for a special exception, a request for generator to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations. Daryl Wright was present to represent this application. Mr. Wright noted the proposed location of the generator on the site analysis plan. The proposed site would be 800+ feet from property lines and 300' from the main house. The proposed generator is a 175kw unit which will run the main house that has an 800amp service. Mr. Wright added that it cannot be located by the main house due to the wetlands. Mr. Sedito asked about a decimal level and was concerned that the noise will reflect off of the barn toward the neighbors. Mr. Sedito went on to add that for a special exception you have to prove the proposed location will have less of an impact on the neighbors. Mr. Snook is disturbed by the size of the huge unit and the noise it will generate. A discussion ensued about Section 12.14 of the Zoning Regulations. It boiled down to ZBA wanting regulations requiring decimal ratings but the Zoning Commission didn't want to go that route. This is not a simple subject, sound travels in radial waves and depending on the structures it encounters noise levels differ. Members needed more information about the generator.
MOTION: to continue ZBA-0508 request of Stephen Cohen, 62 Calhoun Street, a petition for a special exception, a request for generator to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations, was made by Ms. Roberts, seconded by Ms. Leab, by a 5-0 vote.
PUBLIC HEARING
Ms. Roberts seated regular members Katherine Leab, Bradford Sedito, Randolph Sedito, Randolph Snook and alternate Todd Catlin.
ZBA-0509 request of Ronald K. & Nancy S. Chute, 8 Kirby Road, to petition for a special exception for modifications of nonconforming dwellings. Ron Chute was present to represent his application. The original house was built in 1774, with an addition in 1925 and 1970's. The 1970's addition is a one story garage with a flat roof and railing around the top which Mr. Chute feels is inappropriate for the period and location of the house. The garage leaks and is rotting. He is proposing to rebuild a new two story garage and extend the house; this addition is visible from Route 47 and parts of Kirby Road. Mr. Chute walked members through the existing foot print of his house and what is proposed. The lot is .624 acres. The existing coverage will remain the same because Mr. Chute is rebuilding the garage on exiting driveway. There were no lot coverage calculations. Mr. Sedito stated that coverage has to be no more than 20% to fall under the Special Exception. Mr. Stikeleather a neighbor stated that Mr. Chute's plans are a vast improvement over what exists and will add value to the Green. Mr. Chute mentioned that he received historical and zoning approval two years ago for a much larger project. Members need to see lot coverage calculations. Mr. Chute asked if he members could close the hearing and vote on the condition that he is not over on lot coverage. Ms. Roberts said that was not possible because if lot coverage is over a new application would have to be filed. Members did agree to wave the fees if a new application was needed. Mr. Chute will submit lot coverage calculations.
MOTION: to continue ZBA-0509 request of Ronald K. & Nancy S. Chute, 8 Kirby Road, to petition for a special exception for modifications of nonconforming dwellings, was made by Ms. Roberts, seconded by Mr. Catlin, by a 5-0 vote.
Consideration of Minutes of May 12, 2005: Ms. Roberts made the following correction to the minutes of May 15, 2004: page 7, line 14 should read; Ms. Roberts interjected that there is no "legal building envelope" on the lot.
MOTION: to accept the minutes of the May 12, 2005 meeting as amended was made by Mr. Catlin, seconded by Ms. Roberts, by a 5-0 vote.
Other Business
Discussion of requirement for A-2 survey. Members did have a brief discussion about the A-2 survey requirement. They will give it some thought and discuss it again at next months meeting.
Mr. Sedito commended Ms. Roberts for doing a great job in the Chairman's seat.
Mr. Sedito also mentioned the death of former alternate member Hi Averill, he will be greatly missed.
The June 16, 2005 meeting of the Zoning Board of Appeals adjourned at 9:25pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
May 12, 2005
Present: Edmund White, Bradford Sedito, Randolph Snook, Polly RobertsAlternates: Mark Averill, Todd Catlin, Georgia Middlebrook
Guests: Seth Churchill, Lance L. Loomis, Hugh O'Donnell, Tammy Zinick, Calvin Zinick, Kate Oetjen, Daryl Wright, Tina O'Donnell, Mary Agnes Collins , Public, Press
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 Bradford Sedito, Randolph Snook, Polly Roberts, himself and alternate Mark Averill.
ZBA-0503 Request of Mark Adams, 57 West Shore Road, a petition for a special exception, a request for air conditioners to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations. Seth Churchill of Churchill Builders was present to represent this application. Mr. Churchill was given copies of the two letters received from adjoining property owners objecting to the above referenced request. Mr. Churchill has spoken with Graydon Carter one of the objecting neighbors. Mr. Churchill described the proposed location for the air conditioner units as a "cube" into the hill which will measure 6'6" x 10' in area. The house serviced by the ac units is under 2000 sq. ft. Mr. Churchill went on to describe the property as having very little usable yard space, behind the house is a patio, one side has the furnace vent and the other side is tight and wet. Mr. Churchill feels that if the units were put next to the house the noise would bounce around. Mr. White read a letter of objection dated May 10, 2005 from Roberto Benabib of 63 West Shore Road into the record. Mr. Churchill stated that he was opened to alternatives; he could use window units in the back of the house, the noise level of the proposed ac units would be equal to the sound of two cars running. Mr. Churchill reiterated the sight limitations, he described the noise impact as that in a canyon and asked members to keep in mind that he feels the noise will bounce from the house to the ledges. The proposed sight is 4' into the hill and will be shielded with rock, fence or shrubs. Mr. Churchill spoke with Mr. Carter, an objecting neighbor, explained about the proposed location and the noise. Mr. Churchill stated the Mr. Carter took his point and agreed with him. Mr. White read a letter of objection dated May 5, 2005 from Graydon Carter. Mr. Sedito asked about the west side of the house as a location for the ac units. Mr. Churchill stated that the footings stick out of the ledge, it's wet and not serviceable. The proposed location is 23' from the house. A buried propane tank is preexisting on the property. Ms. Roberts feels there are other options and is concerned with the two objections received from neighbors: one of which is not far up the hill and the other which is to the east. Mr. Sedito stated that members need documentation of the change-of-heart from Mr. Carter. Mr. Churchill feels that window units will make more noise and asked for suggestions. Mr. White stated that the application could be continued or withdrawn, adding to keep in mind that objections from two neighbors. Mr. White asked for further questions or comments from the public.
MOTION: to close ZBA-0503 request of Mark Adams, 57 West Shore Road, a petition for a special exception, a request for air conditioners to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations was made by Ms. Roberts, seconded by Mr. Sedito by a 5-0 vote.
MEETING
Mr. Snook has two ac units in a similar ledge/bowl location and feels the applicants can locate them with in compliance with in the zoning regulations. Mr. Sedito also has ac units and is concerned with the objection of two neighbors, the special exception states that the applicant must demonstrate that placing the units in the proposed location will have less of an impact on neighbors. Mr. Averill feels that window units will be noisy but agrees with Mr. Sedito two neighbors have objected. Ms. Roberts and Mr. White agree and had nothing to add.
MOTION: to deny ZBA-0503 request of Mark Adams, 57 West Shore Road, a petition for a special exception, a request for air conditioners to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations by a 5-0 vote.
PUBLIC HEARING
Mr. White seated regular members Bradford Sedito, Randolph Snook, Polly Roberts, himself and alternate Georgia Middlebrook.
ZBA-0504 Request of C. Carter Walker, Jr. & Julia A. Walker, 38 Hinkle Road, a petition for a special exception, a request for generator to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations. Lance L. Loomis of Loomis Creative Woodworks, LLC was present to represent this application. Mr. White read the explanation of request. Mr. Loomis stated that the shed which the proposed generator will be behind is 37' from the house; he submitted pictures of the house and sheds. There are compressors for air conditioning located around the house. Mr. Loomis stated that the proposed location for the generator is 200' from the nearest property line, a hill and trees also separate the nearest house from the generator. The A-2 survey shows that the actual location of the proposed generator is 60' from the house. The proposed generator is a 20k unit, propane fueled, is self-contained/enclosed unit which will exercise once a week for 20 minutes. Mr. Sedito noted the need for proof that the proposed location has less impact on the neighbors. Mr. Snook asked about locating the generator on the house side of the shed. Mr. Loomis stated that they looked at putting the generator inside the shed but the exhaust still needs to be vented outside, he went on to say that the proposed location is nestled in a knoll and will have plantings around it. Mr. Roberts stated that locating the generator 25' from either side of the house is closer to the other neighbors. Mr. Sedito added that he feels the special exception was written for just this type of situation. Members discussed and differed in opinion on the best type of shield to deaden the generator noise. Mr. Loomis feels that the noise generated is from the exhaust, by putting it inside you still need to pipe exhaust outside, shrubs should work best, by boxing in the noise it will be louder. Hugh O'Donnell from the public stated that his experience is they sound like a leaf blower or loud lawn mower and when they are all running it's worse than living in the city. Mr. White asked for further questions or comments from the public.
MOTION: to close ZBA-0504 request of C. Carter Walker, Jr. & Julia A. Walker, 38 Hinkle Road, a petition for a special exception, a request for generator to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations was made by Mr. Sedito, seconded by Mr. Snook by a 5-0 vote.
MEETING
Mr. Sedito feels that the spirit of the regulation is for this type of application. The impact to neighbors is no different, it's the same. Ms. Roberts stated that members could quibble over the intent of the regulations, locating it 25' from the house would have more of an impact on neighbors; she is in favor of the application and is sure it will make for a better situation. Ms. Middlebrook agrees that the proposed location is better for the two neighbors; the shed location creates a barrier. Mr. Snook would be happier locating the generator in front of the shed but would still be inclined to favor the application. Mr. White noted that it is interesting how the special exception is unfolding, and still questions what's better enclosing the whole unit or shielding it. Mr. White feels that more research needs to be done about placement. Mr. Snook asked it the ZBA could approve an application with conditions, Ms. Roberts answered yes but the conditions are not enforceable.
MOTION: to approve ZBA-0504 request of C. Carter Walker, Jr. & Julia A. Walker, 38 Hinkle Road, a petition for a special exception, a request for generator to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations, as per location on A-2 survey on file, by T. Michael Alex dated October 2003, by a 4-1 vote.
Mr. Sedito, Mr. Snook, Ms. Roberts and Ms. Middlebrook voted to approve.
Mr. White voted to deny.
The Zoning Board of Appeals granted a Special Exception ZBA-0504 to Loomis Creative Woodworks, LLC to locate a standby generator outside of the 25' zone required by Section 12.14.1 of the Regulations at a property owned by C. Carter and Julia A. Walker at 38 Hinkle Road
The lot at 38 Hinkle Road is a 13.528 acre parcel with a primary residence and two wooden sheds located to the north of the residence. The requested location of the generator is some 65 feet +/- from the residence being served and directly adjacent to the westerly shed.
ZBA determined that granting this Special Exception is consistent with the provisions of Section 12.14.5 and is supported by the following facts:
- The generator will be located at least 200' +/- from the North and South property lines and 500'+/- from the East-West property lines.
- The rated sound level for this equipment is 71 dB (A) at a distance of 7 meters which is equivalent to normal TV audio. level. The sound level will be considerably less at a distance of 200'.
- Existing air conditioning compressors limit sites within 25' of the main residence.
- The existing terrain is such that sound will be buffered on the north side of the lot. The main residence and the shed will buffer the sound level on the south side of the lot.
PUBLIC HEARING
Mr. White seated regular members Bradford Sedito, Randolph Snook, Polly Roberts, himself and alternate Todd Catlin.
ZBA-0505 Request of Calvin & Mary Zinick, 4 Wheaton Road, a petition for a special exception, a request for generator to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations. Tammy Zinick of Permit Me Please and daughter of the applicant was present to represent this application. Ms. Zinick began by stating the need for the generator is because her mother is on oxygen and needs a back up incase of power failure. Ms. Zinick went on to state that locating the generator 25' from the house would place it in the middle of the yard, one side of the house is only 17' from the side property line and the other side would be unsightly for the church parishioners and neighboring businesses. Ms. Zinick noted the location of the septic in the back yard and went on to state that placing it in the proposed location would be 26' from the side property line and would be where a natural noise barrier exists. The generator is presently temporarily installed on the right side of the house, but doesn't meet side yard setbacks. Mr. Sedito asked about locating the generator behind the house right next to the house. Ms. Zinick presented pictures and stated that there was a patio there and it would be more visible to neighbors in that location. Quarry Ridge is the back property neighbor. Kate Oetjen an adjoining property owner asked to step forward to look at the proposed location. Calvin Zinick, the applicant came forward to help with the discussion. Ms. Zinick addressed the issue of situating the generator on the rear of the house, she stated that there is a ces pool 15' from the house, you need to take into consideration the failure of the septic and need to redo the system, and the oil tank fill is also located there. Mr. Zinick added to place it in the proposed location on the hillside has a natural sound barrier and added that the generator is in use now and he has had no complaints, it runs for 20 minutes a week to exercise. Mr. Zinick invited members to the property to hear the generator running and added the generator needs to be placed away from the house to be serviced. Mr. Snook asked why 81' from the house why not closer? Ms. Zinick explained the concern for the business next door. Ms. Oetjen addressed the members with her concerns for future property owners; she has no problem with the emergency use. Ms. Oetjen went on to state that this is a commercial zone and asked if the generator could be installed with the stipulation that it be used for emergency purposes only. Ms. Zinick stated that the garage would act as a sound barrier to Ms. Oetjen's property. Ms. Oetjen went on to state that the back yard of her property is a viable business area and her concern is for future owners of the Zinick property. Mr. Sedito felt that the proposed location would be a better location than within 25' of the house as far as Ms. Oetjen's concerns. Mr. White asked for further questions or public comment. Mr. Snook added that locating the generator closer to the garage would shield the Oetjen and Slack properties. Mr. Catlin interjected that it would be less expensive to leave the generator in its temporary location and apply for a variance. Mr. Zinick addressed Mr. Snook's question about locating the generator nearer to the garage, it could be located within 10' of the garage, there is a retaining wall and walkway beside the garage which accesses storage space in the garage. Discussion went back to locating the generator in the rear of the house, is it allowed that close to an oil tank fill? Ms. Zinick felt if the generator were moved closer to the garage it would be worse for the neighbors. Ms. Oetjen asked if the special exception could be granted for just the Zinick's. Mr. White explained that the special exception stays with the property forever. Ms. Roberts questioned that there was no A-2 survey. Ms. Zinick stated that they submitted a blow up of the assessor's map with specific measurements done by someone with experience. Mr. White questions members about the proposed location for the generator. Members were in agreement that a site visit would help with best locating the generator. Mr. Zinick invited members to come on a Monday when the generator is running from 10:00am - 10:20am.
MOTION: to continue ZBA-0505 request of Calvin & Mary Zinick, 4 Wheaton Road, a petition for a special exception, a request for generator to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations was made by Ms. Roberts, seconded by Mr. Catlin by a 5-0 vote.
PUBLIC HEARING
Mr. White seated regular members Bradford Sedito, Randolph Snook, Polly Roberts, himself and alternate Mark Averill.
ZBA-0506 Request of Caroline Vanderlip, 28 Shearer Road, a petition for a special exception, a request for generator to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations. Daryl Wright of Wright Electrical Company was present to represent this application. A brief history behind this application was given referencing two previous applications (ZBA-0403 & ZBA-0407). The generator is installed next to existing pool equipment and a propane tank. Hugh & Tina O'Donnell, adjoining property owners, noted noise concerns from air conditioning next to the house. Mr. Wright stated that those ac units were preexisting, he did not install them. The O'Donnell's concern was not having anymore noise generating equipment next to their house. Mr. White asked for other public comment. Mr. Wright noted that the generator is self contained in insulated housing and runs every Monday for 20 minutes to exercise. The O'Donnell's would like to hear it running and members were also interested in hearing the running generator. Mr. Wright will be on the property Monday May 16th at 8:15am to run the generator.
MOTION: to continue ZBA-0506 request of Caroline Vanderlip, 28 Shearer Road, a petition for a special exception, a request for generator to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations 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 Georgia Middlebrook.
ZBA-0507 Request of Mary Agnes Collins, 111 Bee Brook Road, a petition for a special exception for expansion of nonconforming dwelling. Mary Agnes Collins was present to represent her application. Mr. White and Ms. Roberts read the explanation of request into the record. Ms. Collins is requesting a 211 sq. ft. variance for lot coverage; she did these calculations with Mike Ajello the ZEO. Members tried to quickly figure the existing and proposed lot coverage. Ms. Collins explained her proposed addition as a one story structure, 23' x 26'2" all enclosed. Mr. White confirmed that there would be no other outside additions to the proposed addition i.e. doors, porches, etc. The clapboards will match what exists on the present house. Ms. Collins will submit present and proposed lot coverage calculations.
MOTION: to continue ZBA-0507 request of Mary Agnes Collins, 111 Bee Brook Road, a petition for a special exception for expansion of nonconforming dwelling was made by Mr. Sedito, seconded by Mr. Snook by a 5-0 vote.
MEETING-Continued
Seated: Regular members Edmund White, Bradford Sedito, Randy Snook, Polly Roberts and alternate Todd Catlin.
ZBA-0501 request of Chris Adams & Mark Beckett, 23 Loomarwick Road, for a variance from Zoning Regulations 11.6.1.c (front yard setback) and 12.1.1 (wetlands setback) and *** amended March 28, 2005 to include 12.1.2 (setback from watercourse) to demolish an existing structure and erect a new house. Over the last month members did site visits, some members made more than one visit. Mr. White started by stating that he vacillated on this application all month, the dimensions, location, effects, wetlands in relationship to the present structure location and it being on stilts. Taking into consideration what was presented at the public hearing about location, drainage and the net effect. Trying to balance this type of project, why move it towards the road, finding a balance on this very wet parcel. Mr. Sedito noted that the water running on the street side of the house and under the house is reasoning behind it being built on stilts, the structure needs to be rebuilt. Mr. Sedito added that a septic is needed and the proposed location is probably the best location. Mr. Catlin agrees with both Mr. White and Mr. Sedito it's balancing of the lesser of evils, keeping away from the wetlands during and after construction or moving closer to the road. Mr. Sedito visited the site twice, it's his feeling that the front setback is more sacred than the wetlands setback, the existing building is 12 x 12 with a shallow roof, what is proposed is a much larger structure and closer to the road. Mr. White wonders how wetlands will look at this project; it's a well developed plan, but much closer to the street. Mr. Sedito added that Inland Wetlands regulates the whole property. Mr. White stated that pulling the whole project forward could pose problems if future owners are not as diligent as the applicants. Mr. Snook added that wetlands may tell the owners they can't have a basement and need to rebuild on what exists on stilts. Mr. White went on to say that the applicants are in a dilemma, it this application is denied they will have to wait six months to resubmit a new plan, they still have the opportunity to withdraw. Mr. Sedito felt that members are trying to out guess wetlands, and shouldn't get hung up on wetlands issues. Mr. White disagreed members need to address the wetlands setbacks. Ms. Roberts interject that there is no "building" on the lot. Mr. White agreed the applicants got a bonus because if the shack didn't exist nothing would be built. Ms. Roberts went on to say she felt that the proposed house is bigger that what the property can hold, the applicants have done a good job to help drainage, but she doesn't think that will help the lake. She feels the plan is well designed and site sensitive, but still too big of a house. Mr. Snook noted the volume of having a second story and garage and went on to add that relocating the structure would improve wetlands setback but would be closer to the road. You would be gaining 15' on the back side but cut in half the front yard setback. Mr. Sedito added are you giving up too much to get out of the wetlands? Mr. White stated you have to reconcile what is reasonable and comfortable. Ms. Roberts agrees, beyond anything varied, the zoning regulations don't allow the proposed to exist, this is different from an addition, and it's a big stretch. Mr. White closed by saying he respects the job done and how it was presented and again mentioned that the property owner can withdraw the application or the project will be out of play for six months.
MOTION: to deny ZBA-0501 request of Chris Adams & Mark Beckett, 23 Loomarwick Road, for a variance from Zoning Regulations 11.6.1.c (front yard setback) and 12.1.1 (wetlands setback) and *** amended March 28, 2005 to include 12.1.2 (setback from watercourse) to demolish an existing structure and erect a new house by a 5-0 vote.
MOTION: to accept the minutes of the March 17, 2005 and the April 21, 2005 meeting as submitted was made by Ms. Roberts, seconded by Mr. Averill by a 5-0 vote.
Meeting adjourned at 10:20pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
April 21, 2005
Present: Edmund White, Bradford Sedito, Randolph Snook, Polly RobertsAlternates: Todd Catlin, Georgia Middlebrook
Guests: Roger Pratt, John McCoy, Dirk Sabin, Robert L. Fisher, Jr., Esq., Richard Kleinberg, Linda Frank, Michael Profita, Thomas Altermatt, Press
Chairman, Edmund White 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 Todd Catlin. It was stated for the record that regular member Bradford Sedito listened to the tape from the March 17, 2005 public hearing.
ZBA-0501 Request of Chris Adams & Mark Beckett, 23 Loomarwick Road, for a variance from Zoning Regulations 11.6.1.c (front yard setback) and 12.1.1 (wetlands setback) and *** amended March 28, 2005 to include 12.1.2 (setback from watercourse) to demolish an existing structure and erect a new house. Roger Pratt and Robert L. Fisher, Jr., Esq. were present to represent this application. Mr. Pratt delivered certified mail notice cards and receipts for the renotice which included the amendments made on March 28, 2005. Mr. Pratt attempted to notice Mark Schwartz but forwarding time had expired on his address and the notice was returned to Mr. Pratt. Mr. Pratt was questioned about notice to the Miller's who have deeded rights to a well house, Atty. Fisher interjected that certified mail notice goes to property owners within 200' of the applicants property, this does not include right of ways. Richard Kleinberg noted that the Miller's have a deed to the well. Mr. White stated that all property owners within 200' of the applicant's property is the extent of notice. Mr. White went on to talk about the wetlands issues on the property, the entire property is within the wetlands setbacks. How will varying this house affect flow, wells and wetlands. ZBA would like to see this go to wetlands first they may better site the house. Atty. Fisher stated that Washington has unusual setbacks from wetlands and without ZBA approval the lot is not buildable, the applicant can't go to wetlands without having approval from ZBA first. Ms. Roberts read into the record a letter dated April 21, 2005 from Christine Adams Beckett. Mr. White read a letter dated April 21, 2005 from Richard C. Kleinberg into the record. John McCoy, Engineer came forward to present the drainage report. Mr. McCoy distributed an updated drainage report and site & septic system plan. The plan had updated setbacks and watercourses; the septic system has been moved down hill and a curtain drain has been added for ground water. Mr. McCoy's plan has been approved with provisions by the town's sanitarian Suzanne VonHolt. Mr. McCoy went on to explain that drainage from Tinker Hill Road collects in the northwest corner of the property making it soggy. Mr. McCoy stated that an analysis of the water flow showed no change to the town's storm system, the .8 acre site is a small piece of the overall water shed area; there was no increase in downhill runoff; the plan doesn't put anymore strain on the storm system. Mr. McCoy noted that the bio-filter area will cut off water which is now running to the neighbor's property. Mr. White asked Mr. McCoy if the house was left where it is now or was sited differently would anything change. Mr. McCoy answered that everything would be the same, there would be no changes. Linda Frank a nearby neighbor commented that the main source of the water on the Adams/Beckett property comes from pipes on Tinker Hill Road which don't continue but stop and the water drains on to their property. Mr. McCoy stated that his calculations were done assuming the culverts above worked; the proposed bio-filter system will help the situation. Mr. Kleinberg asked about ground water brought to the surface and expanding the use to year around, will these increase the runoff. Mr. McCoy answered that it's insignificant the curtain drain will cut off ground water; it will drain into the storm system. Mr. White asked if the proposed foundation is disrupting underground water. Mr. McCoy answered that there is no sign of changes. Mr. White asked if the house would be better left where it is. Mr. McCoy stated that the curtain drains would be closer to wetlands. Mr. McCoy mentioned that the garage and mechanical room are the only full underground story they are not putting an 8' basement into the ground. Mr. Sedito asked about the water table. Mr. McCoy stated that in April 2003 where the house is to be situated the water table was at 42". Mr. Sedito added that if you hit water during construction the curtain drains will run water all the time. Mr. McCoy stated that water will run into the bio-filter all the time. Mr. Sedito questioned water running down Loomarwick Road. Mr. McCoy stated that water will not come down the road it will go into the culverts and continued by saying that today water flows into the wetlands they will be directing that flow to a swale and drain. Mr. McCoy feels that by granting this variance ZBA is helping the property, it's eliminating the back yard setback violation and reducing wetlands setback. He added that the cess pool is currently 30' from the wetlands, this will be abandoned. Ms. Frank asked if the water courses flowing onto the property could cause wetlands. Mr. McCoy answered that the flow could add to the hydronicks of wetlands over 100years. Mr. Sedito noted that the proposed septic location is better for the wetlands, the soil is pretty good. Mr. McCoy stated that soil will need to be brought in, the grade needs to be raised and curtain drain installed. Mr. White asked if reconstruction took place on the same site as the existing house would the septic be the same. Mr. Kleinberg noted the change from seasonal to year round use. Atty. Fisher objected Washington doesn't have regulations pertaining to seasonal use. Mr. McCoy stated that the system was designed for year round use, everything is designed that way. Mr. Sedito clarified that the present house is a 3 bedroom. Ms. Roberts asked Mr. McCoy to explain the swale and bio-filter. Mr. McCoy began by stating that the footing drain has an average depth of 2' it's made of crushed stone that feeds into the bio-filter. Nothing goes underground. Plantings in the swale treat storm water and filters into a swale on town property. Mr. White asked for further questions of Mr. McCoy. Atty. Fisher asked Mr. McCoy to explain how changing the house location will be better. Mr. McCoy explained that excavating affects the wetlands and where the house is located now it has no yard no buffer to the wetlands, there will be intrusion into the wetlands, the proposed plan confines the living area from the wetlands and a plant buffer is proposed. Mr. Kleinberg spoke about the streams running off of Tinker Hill Road. Mr. White stated that ZBA is dealing with the Adams/Beckett property; they have the complete right to rebuild. ZBA's job is to consider varying the regulations to move the structure. Mr. McCoy stated that the applicants are asking for a greater setback from the wetlands than exist today. He went on to state that there is no other practical area to rebuild on, if they rebuilt on the existing footprint there would be no yard and there would be intrusion into the wetlands and a new septic system is needed by today's codes. Mr. Sedito questioned the front yard setback going from 38' to 25'. Mr. Pratt has spoken with the Zoning Enforcement Officer Mike Ajello, the proposed flagstone steps and retaining wall are not considered part of the structure. The existing house footprint including house, attached deck and steps is 1378 square feet and the proposed house footprint is 1359 square feet. Atty. Fisher doubts the Inland Wetlands Commission would approve rebuilding the structure as is on piers because of wetlands impact. Dirk Sabin gave a run down of his proposed planting plan and commented on the wetlands issues. Given the vegetation he doubts the piped drainage created the wetlands, it is a typical wetlands system, the proposed development is a compact/efficient design, it allows for lawn area around the house and septic area, they have added meadow buffers for the wetlands, a bi-filter area planted with natives and buffers along the road. He feels the compact site development protects the quality of the lake and wetland. Mr. Sabin also feels it is not positive to rebuild on the existing house site. There was discussion on the amount of coverage. The proposed house print is the same as the existing structure. The proposed house has new steps and patio which are not counted for coverage because they are pervious surfaces. The allotted coverage is 5240.5 sq. ft. and this plan has 5240.5 sq. ft. Mr. White added that the volume is double what exists now. Mr. Sabin commented that proposed plantings will bring the structure down and will be dense plantings with under shrubs. Mr. Pratt presented pictures of the property with a balloon showing the location of the peak of the proposed house. Mr. Pratt added that the proposed house is located 25' from the road and 25' from the wetlands. Mr. Kleinberg addressed the members by stating that having family ties to the lake area is a personal issue and not the test to be met. He feels that the hardship is self created and that there is no real basis for hardship. Ms. Roberts asked Mr. Kleinberg what he proposes the applicant do, they have the right to rebuild, there are wetlands issues but should they abandon the property? Mr. Kleinberg would like to see them keep the volume the same. Atty. Fisher addressed the hardship issue; the existing house was built before Zoning Regulations the hardship being that present regulations prevent relocation of the house. The Inland Wetlands Commission will look for alternatives they may want it closer to the road. Atty. Fisher went on to state that the hardship is not self created there is no downside to granting the variances and moving the house, no reason why seeing a house is worse than the wetlands issues. Mr. White asked for further comment and questions.
MOTION: to close ZBA-0501 request of Chris Adams & Mark Beckett, 23 Loomarwick Road, for a variance from Zoning Regulations 11.6.1.c (front yard setback) and 12.1.1 (wetlands setback) and *** amended March 28, 2005 to include 12.1.2 (setback from watercourse) to demolish an existing structure and erect a new house, was made by Mr. Sedito, 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 Georgia Middlebrook.
ZBA-0502 Request of Michael Profita, 246 Litchfield Trpk, for a variance from Zoning Regulations 11.6 (front yard setback), for an addition to an existing house. Michael Profita and Thomas Altermatt were present to represent this application. Mr. White read Mr. Altermatt's letter into the record. Mr. Altermatt began by stating that the house as it exists is nonconforming. There are wetlands in the back and the septic on the north side of the house. The driveway for this house was relocated to Wilbur Road when the Montessori School was built. The grade in back of the house drops and slopes to the pond. The applicant is addition is one story with one bathroom and one bedroom. They want to keep the same distance to the front road. Mr. White asked about moving the addition to the back, the applicant's didn't want a two story addition. The existing house is 1 1/2 stories. The north side of the house is now the entrance to the house and there are mature trees that they want to save. There is a 6' berm that shields the house from Route 202. The applicant's had a survey map and site plan map. The agreed upon distance from the property line to the addition is 34'20". Mr. White asked for questions or comments from the public.
MOTION: to close ZBA-0502 request of Michael Profita, 246 Litchfield Trpk, for a variance from Zoning Regulations 11.6 (front yard setback), for an addition to an existing house, was made by Mr. Sedito, seconded by Mr. Snook by a 5-0 vote.
MEETING
Mr. Snook felt that this was a reasonable request. Mr. Sedito stated that this is a typical request, it's modest. Ms. Middlebrook agrees that it's a reasonable request. Ms. Roberts understands locating the addition where it is, it's the obvious place. Mr. White is in agreement with the other members.
MOTION: to approve ZBA-0502 request of Michael Profita, 246 Litchfield Trpk, for a variance from Zoning Regulations 11.6 (front yard setback), for an addition to an existing house, per Site Plan prepared by Thomas D. Altermatt, dated March 30, 2005 by a 5-0 vote.
Consideration of the minutes: tabled to next month.
Other Business
ZBA-0406, Wellings, 298 West Shore Road, ZBA has not heard from this applicant since February 23, 2005. Mike Ajello will be asked to contact them.
ZBA-0408, Corax Corp., 248 West Shore Road, ZEO Mike Ajello has spoken with Mr. Manson he left town last fall and assumed the generator would be moved, he was going to take care of it immediately.
Meeting adjourned at 10:25pm
Submitted subject to approval,
Pamela L. Osborne, Secretary
March 17, 2005
Present: Edmund White, Randolph Snook, Polly RobertsAlternates: Mark Averill, Todd Catlin, Georgia Middlebrook
Guests: Roger Pratt, Richard Kleinberg, Linda Frank, Press
Chairman, Edmund White called the meeting to order at 7:35pm. Mr. White read the legal notice for tonight's meeting.
PUBLIC HEARING
Mr. White seated regular members Randolph Snook, Polly Roberts, himself and alternates Mark Averill and Todd Catlin.
ZBA-0501 Request of Chris Adams & Mark Beckett, 23 Loomarwick Road, for a variance from Zoning Regulations 11.6.1.c (front yard setback) and 12.1.1 (wetlands setback), to demolish an existing structure and erect a new house. Roger Pratt, architect was present to represent this application. Mr. Pratt brought with him faxed copies of the applicant's application signature and letter of authorization; originals are in the mail and will be filed ASAP. Mr. White read into the record Mr. Pratt's letter of February 24, 2005. From the public Richard Kleinberg noted that the Schwartz property which he believes is within 200' of the applicant's property did not receive certified mail notice and that the Miller's who have deeded rights to a well house should have been noticed as well. Mr. Pratt started by stating that major changes have been made to the house plans, since the 2003 application. He went on to say that the present plan is within the footprint of the existing structure and the height of the proposed house has been reduced. Mr. Pratt said there is a drainage issue coming from the road, a pipe is blocked. He went on to reference the site plan stating that the existing house is as close to the wetlands as possible which restricts use of the house, the proposed location allows for the use of surrounding area around the house and helps with drainage. Mr. Pratt stated that the existing house is 38' from the front yard setback and 25' from the wetlands, the volume of the proposed house is larger than the existing house, Mr. Pratt stated that he will not be increasing the non-conformity. Ms. Roberts disagreed with Mr. Pratt on this point. Mr. Pratt referenced the updated site plan received on March 4, 2005 which reduces the stairway, platform, parking, patio and passageway. Mr. Pratt stated that the "old shed" existing on the property will be removed and not replaced and no existing well can be located. Richard Kleinberg asked if the new house will have a foundation and how deep the curtain drains will go below grade. Mr. Pratt answered that a portion of the house has no basement. Mr. Snook read the drainage report done by J.F.M. Engineering, Inc.; the engineer stated that the placement of the house will have no effect on drainage or pollution, a filter slip will collect run off which will drain into a 2' drywell. Mr. Snook and Mr. Kleinberg questioned whether the dry well will work. Mr. Pratt referred people to the engineers report. Linda Frank spoke from the public, she stated that a drain was repaired which ran under Tinker Hill Road, a gutter was filled in which made a natural stream to the lake, it doesn't drain as it did before the work, it now drains onto the Beckett property. Ms. Frank went on to say that the problem has accumulated, the Beckett lot has become wetter, water from the hillside is all going onto the Beckett property. Mr. White steered members back toward the ZBA issues. At present no work has been done on the site. Members continued to go over the site plan. Mr. Snook stated that there will be a lot of activity on the site, subsurface and downspout drainage, there doesn't appear to be a lot of wording in the drainage report about this, if he were a neighbor he would be concerned. Mr. Kleinberg interjected that the Hayden property has water problems and the drainage report seems to contradict this. Mr. Pratt noted that the engineer needs to answer those questions. Members and the public had questions about streams, piping, culverts etc. that need to be answered by the engineer. Mr. White requested that the engineer appear to answer questions. Mr. Pratt believes the septic system has health approval. Mr. Kleinberg asked why the applicants did not seek a variance from Section 12.1.2 (septic field setback from watercourse) as they had on the previous application. If this is true the application needs to be amended, renoticed and neighbors renotified. Mr. Catlin inquired as to whether the Becketts were going to live in the proposed house. Mr. Pratt stated that they were moving back to the United States. Revised house plans need to be submitted because of the changes on the new site plan. Mr. Pratt will submit updated plans. Members looked over the building plans. Mr. Pratt stated that the deepest point below grade will be 8'-9', the height from the lowest point to the peak is 28', from Loomarwick you will see roof and dormers. Ms. Roberts read into the record a letter from Richard Kleinberg dated March 17, 2005. Mr. Kleinberg also submitted copies of letters from Richard C. Kleinberg and Max & Eleanor Scheman dated August 21, 2003, David R. Wilson, P.E. dated August 21, 2003 and J.B. Young dated 8/21/2003. Mr. Kleinberg reiterated his letter by calling into question the software used to produce the drainage report, he feels there is a need to reference the site specific soil and property types, many homes in this area have no foundations, minimal cuts are made below grade, the engineer needs to address these questions. Mr. Snook asked what the existing structure sits on. Mr. Pratt answered that it is on piers and stone foundation, which is not usable, the piers would need to be replaced with concrete and would need to be dug deeper. Mr. Kleinberg questioned the hardship for this application. Mr. Pratt stated that the required setbacks over step each other. Mr. White added that the issue of hardship yet to be addressed.
MOTION: to continued ZBA-0501 request of Chris Adams & Mark Beckett, 23 Loomarwick Road, for a variance from Zoning Regulations 11.6.1.c (front yard setback) and 12.1.1 (wetlands setback), to demolish an existing structure and erect a new house was made by Mr. Snook, seconded by Mr. Averill by a 5-0 vote.
MOTION: to accept the minutes of the December 16, 2004 and the January 20, 2004 meetings as submitted was made by Ms. Roberts, seconded by Mr. Snook by a 5-0 vote.
MOTION: to elect Edmund White as Chairman was made by Ms. Roberts seconded by Mr. Snook by a 5-0 vote.
MOTION: to elect Polly Roberts as Vice-Chairman was made by Mr. White seconded by Mr. Snook by a 5-0 vote.
Members went over the new Petition For Special Exception pertaining to Section 12.14.5 for generators, air conditioners, pool filters and other noise generating equipment. Pam Osborne, Secretary will check on State Statutes governing noise decimal levels at property lines.
ZBA-0406, Wellings, 298 West Shore Road, the board received a memo dated February 23 stating that the applicant was aiming for submitting an application for the April meeting.
ZBA-0408, Corax Corp., 248 West Shore Road, Mr. White requested that the ZEO check this site to see if the generator had been moved to its new location inside the garage.
Meeting adjourned at 9:15pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
February 2005
No Meeting
January 20, 2005
Present: Edmund White, Chairman, Katharine Leab, Bradford Sedito, Randolph Snook, Polly RobertsAlternates: Mark Averill
Guests: Edward Sasson, Mr. & Mrs. Oatley, Press
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, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0421 ZBA-0421 Request of Edward & Linda Sasson, to petition for special exception for expansion of nonconforming dwelling at 4 June Road, property owned by Robert & Evelyn Ulmer. For the record receipts were received for all certified mail notices mailed out by the applicant and Mr. Sasson has authorization to appear on behalf of the land owners regarding this application. Mr. Sasson read his explanation of request for special exception. Mr. Sedito asked what the relationship is between Mr. Sasson and the Ulmers. Mr. Sasson explained that he owns a neighboring house and has an option to buy Mr. Ulmers property. Mr. Sasson presented pictures of the existing house, which is presently gutted. Mr. Sasson went on to read a brief history of his life on the lake which began in 1979 and his hopes to restore the Ulmer's cabin. He also presented a photograph of the Ulmers cabin and nearby properties along with a hand drawn perception of what the restored cabin will look like. At this point Mr. and Mrs. Oatley, who are also nearby neighbors were recognized from the audience and encouraged to come forward and look at the photos. Mr. Sasson explained that he wanted to raise and gable the roof. At present the upstairs consists of a sleeping loft. Mr. White asked about other houses located behind the existing cabin. Mr. Sasson explained that there are none directly behind the cabin; the closest homes are on the ridge off of Sandstrom Road. Mr. Sasson was questioned about increasing the bedrooms and getting health approval. Mr. Sasson stated that he was heading to the health department next, at present there are 2 bedrooms and the sleeping loft. With the changes it will have 3 bedrooms. The lot size is 1.06 acres. Mr. Sasson stated that he intends to keep the super structure and move the roof line back; there is a lot of dry rot that needs repair. Mr. Sasson also stated that it's important to him not to build a monster house, he wants to retain the "cabin" feel, it will be 1750 sq. ft. when completed. Mr. Sasson's opinion is that if you take into consideration the sleeping loft he is not adding a lot of square feet, approximately 300sq. ft. Mr. Sasson questioned the ZBA members about making changes to the plan he has submitted. He was thinking of adding a vestibule where there is now a patio and perhaps adding a second bath. The vestibule would help keep the cold from entering the cabin. Mr. White told Mr. Sasson that he had the option of withdrawing this application and resubmitting a new one. Mr. Sasson admitted that he was not familiar with the rules and regulations. Mr. White explained the history and Special Exception Application. Ms. Leab added that Mr. Sasson should think to the end of the project then resubmit; the ZBA commission approves a "snapshot". Mr. White explained the Commission doesn't want to see five Special Exceptions on one building. Mr. White went on to state that the commission would allow Mr. Sasson to return with out having to wait the six month period if he chose to withdraw and resubmit a new plan. Mr. Sasson informed members that he wants to withdraw his application.
Consideration of the December 16, 2004 minutes was postponed until the February meeting.
Other Business
Mr. White read a letter of withdraw from Najma Kadosh ZBA-0418.
Mr. White informed members that the Court found in favor of the Zoning Board of Appeals in the Winston/Hunter case. Mr. White added that the total cost to the town for this suit was over $7000.00.
ZBA-0406, Wellings, 298 West Shore Road, the commission received a letter dated January 10, 2005 from Harold Wellings and Lynn Baldwin stating that they are gathering data to address the boards request.
Members were given updated Zoning Regulations. (Sections 11, 12 &21).
The January 20, 2004 meeting of the Zoning Board of Appeals adjourned at 8:21pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
Meetings in 2004