The Town of Washington, Connecticut
Minutes: Zoning Board of Appeals, 2006
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www.WashingtonCT.org The Town of Washington, Connecticut Minutes: Zoning Board of Appeals, 2006 |
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Posted: January 5, 2007 December 21, 2006
Present: Bradford Sedito, Polly Roberts, Todd Catlin, Katharine Leab, Randolph SnookAlternates: Peter Bowman, Georgia Middlebrook
Guests: Mark Picton, Roberta Smith, John Watson, Clifford Woodruff, David Plourde, Edmund & Zemma Mastin White, Thomas M. Rickart Esq., Clayton Parks, John DeMado, Nick Solley, Norman Drubner Esq.
Chairman Bradford Sedito called the meeting to order at 7:30pm.
Mr. Sedito seated regular members Polly Roberts, Todd Catlin, Katharine Leab, Randolph Snook and himself.
Public Hearing
ZBA-0625 Request of Richard Lorenti & Andrew Flatt, 137 New Preston Hill Road, petition for 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. Mark Picton of Picton Brothers LLC was present to represent this application. Mr. Picton submitted an updated survey showing the entire property, the proposed location for the generator will be next to the garage 88 1/2 ' from the nearest property line. A letter submitted by neighboring property owner Rita M. Frenkel was read into the record, Pamela Osborne, secretary phoned Ms. Frenkel and left word that there was a map and generator information on file in the Land Use Office for review. Mr. Sedito asked Mr. Picton if they had considered other locations. Mr. Picton stated that because of geographical factors, the proposed generator location being in a low corner, the Frenkel lot being at an elevation of 60' higher than the proposed generator, dense vegetation on both the applicants and Frenkel properties and that they will be enclosing the proposed generator with a 6' high solid fence that the proposed location would have an insignificant impact on the Frenkel property. Mr. Snook interjected that if the generator was located by the house, it would be more apt to echo to the neighboring properties. Mr. Sedito asked for questions or comments from the public.
Motion: to close ZBA-0625 Request of Richard Lorenti & Andrew Flatt, 137 New Preston Hill Road, petition for 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.
MEETING
Mr. Sedito began by stating that the proposed generator will have less of an impact on neighboring properties because of the proposed 6' solid fence, the sound enclosure and muffler. Ms. Roberts agreed, noting that the Frenkel's had an opportunity to come to the hearing; the proposed will be less noisy than placing the generator next to the house. Mr. Snook, Ms. Leab and Mr. Catlin all agreed.
Motion: to approve ZBA-0625 Request of Richard Lorenti & Andrew Flatt, 137 New Preston Hill Road, petition for 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 survey on file by Richard J. Adams R.L.S. dated December , 2006 for Richard J. Lorenti and Andrew C. Flatt, by a vote of 5-0.
Public Hearing Continued
ZBA-0621 Request of Roberta J. Smith, 31 East Shore Road, for a variance from Zoning Regulations 11.6.1.c (front yard setback), 11.5.1 (lot coverage) and 12.1.2 (setback from East Aspetuck River), to build a garage on existing foundation. Roberta Smith, John Watson and Brian Neff were present to represent this application. Mr. Watson restated the hardship issue for this application being the unique unusual land formation with the East Aspetuck River running through it; the structure is close to the road which he stated is common in the area. Ms. Smith staked out the proposed garage location for members to see on their site visit. Brian Neff submitted a revised site plan which reoriented the garage doors and entrance to the north side of the proposed garage. Mr. Neff also submitted drawings of the proposed garage. Mr. Catlin asked about moving the garage north on the property. Mr. Watson stated that they are unclear about the U-L Land Trust restrictions and want to keep the proposed garage on the lot #9. Brian Neff explained that they are keeping the proposed garage within the existing walls and it will be a 22'x22' square building. Mr. Sedito asked about building something smaller perhaps 18'x20' so as not to encroach on the driveway. Mr. Watson felt they have moved the garage as much as possible, he went on to say that this portion of the drive is wider than most of the drive, the driveway is stone and oil. Mr. Snook's observation is that the driveway width varies. Mr. Sedito felt it was a safety issue, using the driveway close to the garage. Mr. Catlin added that it is a lot of building for the space and a lot of bank is being cut. Mr. Sedito would be more comfortable with a 3' buffer between the garage and driveway, it's a steep slope. Mr. Sedito also asked about moving the driveway which would mean the applicant would have to revise their wetlands application. Mr. Watson felt a 22'x22' garage is modest. Mr. Catlin stated that ZBA has to be comfortable with the "look of the building" and how it meets the road. Ms. Roberts would like to see the corner of the proposed garage out of the driveway. Mr. Watson felt that they have tried to address the concerns of the board. Mr. Bowman asked about water runoff from the roof and road. Mr. Neff answered that there are drainage basins on the road and gutters will address roof runoff. Mr. Snook felt enough information was provided; the point of contention is the proposed garage site extending into the driveway/right-of-way. Mr. Sedito asked for questions or comments from the public. Clifford Woodruff addressed members stating that he would like to see the garage in a different location that doesn't create safety issues and is not as intrusive. David Plourde, who owns a neighboring property is concerned with increased traffic over his land which Ms. Smith has a right-of-way over, this is not in the purview of the ZBA. Mr. Woodruff once again stated his unhappiness with the location of the proposed garage and his concern for personal injury and property damage. Mr. Sedito discussed with the applicant decreasing the size of the proposed garage. Ms. Smith agreed to reduce the garage to 20'x22'. In closing Mr. Watson thanked members for their consideration and input.
Motion: to close ZBA-0621 Request of Roberta J. Smith, 31 East Shore Road, for a variance from Zoning Regulations 11.6.1.c (front yard setback), 11.5.1 (lot coverage) and 12.1.2 (setback from East Aspetuck River), to build a garage on existing foundation was made by Mr. Sedito, seconded by Mr. Snook, by a 5-0 vote.
MEETING
Mr. Sedito started by stating he had spoken with Atty. Zizka who said in the last 10 years garages have become a common use of ones property. Mr. Sedito went on to say he would have liked to see the garage reduced to 18' in width. Mr. Catlin feels the applicant has tried to accommodate issues with the land, river, lot and neighbors. Ms. Leab has concerns with the site lines and drainage. Mr. Snook stated that he had no problem with the 22'x22' garage, the driveway is widest in the area of the proposed garage and he's agreeable with the proposal for a 20'x22'garage. Ms. Roberts felt that the change to a 20'x22' garage is a reasonable compromise.
Motion: to deny ZBA-0621 Request of Roberta J. Smith, 31 East Shore Road, for a variance from Zoning Regulations 11.6.1.c (front yard setback), 11.5.1 (lot coverage) and 12.1.2 (setback from East Aspetuck River), to build a garage on existing foundation, by a 3-2 vote.
Ms. Roberts, Mr. Catlin and Mr. Snook voted to approve.
Mr. Sedito and Ms. Leab voted to deny.
PUBLIC HEARING
ZBA-0622 Request of Roberta J. Smith, 35 East Shore Road, for a variance from Zoning Regulations 11.6.1.c (rear yard setback and 12.1.2 (setback from East Aspetuck River), to build a greenhouse roof on existing foundation. Ms. Smith withdrew her application.
PUBLIC HEARING
ZBA-0626 Appeal by Edmund J. White & Zemma Mastin White, 6 Parsonage Lane, of Zoning Enforcement Officer's November 11/03/2006 denial of lot coverage for 1988 variance granted. Thomas M. Rickart Esq., Edmund and Zemma Mastin White were present to represent this application. Mr. Sedito spoke to Atty. Zizka who reaffirmed that new Zoning Applications need to meet current Zoning Regulations. Mike Ajello, Zoning Enforcement officer addressed members explaining that he has taken no action on the White zoning application and according to the legal notice for this ZBA hearing he cannot deny lot coverage. There was discussion as to whether members should proceed with the application to appeal. Atty. Rickart stated that they are appealing Mike Ajello's opinion in his letter of November 3, 2006. There was continued discussion. Atty. Rickart withdrew the White's application to appeal, asked Mr. Ajello to proceed on the White's zoning application and retained the right to appeal Mr. Ajello's decision.
PUBLIC HEARING
ZBA-0627 Request of Edmund J. & Zemma Mastin White, 6 Parsonage Lane, application for a variance from Zoning Regulations 11.5.1 (lot coverage) and 17.4 (increasing the nonconformity of a non conforming structure) to build a garage granted by variance on September 29, 1988. Thomas M. Rickart Esq., Edmund and Zemma Mastin White were present to represent this application. Atty. Rickart began by stating that the applicant's were here for lot coverage and increasing non-conformity variances, to complete the approval previously granted and that he believes it was intended to be approved. Atty. Rickart went on to say that the prior board was aware of the guidelines and failure of this board to approve would be a reversal of the prior decision. Atty. Rickart referenced and submitted case law from 1993 Superior Court of Connecticut, Judicial District of Stamford-Norwalk, at Stamford - Joseph Manzi v. Westport Zoning Board of Appeals. Atty. Rickart views this second application as a technicality, the elements were established in the original application, the prior board was aware of the coverage issues and it's intent was to approve the garage. Atty. Rickart called forward Clayton Parks who was the chairman of the Zoning Board of Appeals in 1988, Mr. Parks stated that he did not recall the hardship in the application but stated that the board was in agreement to grant the variance with the neighbors consent. Mr. Rickart added that grounds for hardship were established in 1988. Ms. Leab confirmed that the garage granted by the 1988 variance does not exist. Mr. Rickart added that the proposed building with the current application is the same as the one in 1988, there are no material differences, the applicants are correcting a technical error because the 1988 variance failed to mention coverage, and they failed to site each and every regulation. It was confirmed that the proposed garage was 24'x30' (same as the 1988 application) and that it is 9.34' from the back property line. The south side of the garage is flush with the existing structure. Mr. Rickart went on to say that a garage is a reasonable use in New England, an established right. He submitted a copy of the assessors map showing the applicant's property and surrounding lots, saying that the applicant's lot was unique, smaller than all but one in the area, the (*) lots all have at least a two car garage, granting this variance will bring the Whites lot within harmony of the neighborhood. From the public John DeMado, stating that he represents himself and Deborah Eldridge spoke in favor of granting the variance. Nick Solley former Zoning Enforcement Officer stated that the 1988 application omitted lot coverage but that it was clear the Zoning Board of Appeals approved the application knowing the size of the lot and that the coverage issue was on the table. Mr. Rickart closed by stating that denying this application would be a reversal of the previous application. Norman Drubner Esq., attorney for Joanne Jacobson, an adjoining property owner addressed members. Atty. Drubner disagrees with Atty. Rickart, he feels there is no issue of reversing a decision, this board did not hear the 1988 case, 11.4 (in 1988 lot coverage) was not noticed and the decision on the land records shows 11.5.1 setback only, lot coverage was never legally addressed. Atty. Drubner felt Mr. Parks's comments have no relevance. Atty. Drubner went on to say that in 1988 no one heard the lot coverage issue; this is not just a technicality and the application tonight is new for lot coverage and non-conformity which needs proof of hardship. Mr. Drubner went on to say that today's coverage allowance is 15%, existing coverage on the White's lot is 35%, with proposed being 40%. Mr. Drubner questioned the volume of the proposed garage, it is two story with a studio on the second story, he referenced the ZBA guidelines stating that there is no hardship and it is the board's job to maintain the integrity of the regulations. There was brief rebuttal by both Atty. Rickart and Atty. Drubner. The applicant's have Historic District approval. Mr. Sedito asked for questions or comments from the public.
Motion: to close ZBA-0627 Request of Edmund J. & Zemma Mastin White, 6 Parsonage Lane, application for a variance from Zoning Regulations 11.5.1 (lot coverage) and 17.4 (increasing the nonconformity of a non conforming structure) to build a garage granted by variance on September 29, 1988 was made by Mr. Catlin, seconded by Mr. Snook, by a 5-0 vote.
MEETING
Mr. Sedito stated that lot coverage and non conformity regulations were created to address density and drainage issues, the existing coverage on the White lot is 34% and the proposed is 40%. Ms. Leab felt that the elements of the 1988 variance have relevance, the test met by the early board was not verbalized in the same way we do today. Mr. Catlin stated that this application is similar to others the board has addressed. Mr. Snook stated that not having a garage in this area is a hardship and the fact that eight of the ten adjoining property owners have garages carries weight. Ms. Roberts felt that the increase in volume, the nonconformity issue, is trumped by the setback variance already granted and the Historical District is comfortable with the characteristics of the building. Mr. Sedito added that unusual conditions are what create hardship.
Motion: to approve ZBA-0627 Request of Edmund J. & Zemma Mastin White, 6 Parsonage Lane, application for a variance from Zoning Regulations 11.5.1 (lot coverage) and 17.4 (increasing the nonconformity of a non conforming structure) to build a garage granted by variance on September 29, 1988 as per survey filed by T. Michael Alex dated August 2006 for Edmund J. White and Zemma Mastin White, by a vote of 5-0.
Motion: to approve the minutes of the November 16, 2006 meeting of the Zoning Board of Appeals as submitted was made by Mr. Snook, seconded by Mr. Catlin, by a 5-0 vote.
The December 21, 2006 meeting of the Zoning Board of Appeals was adjourned at 10:05pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
Posted: November 30, 2006 November 16, 2006
Present: Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts, Todd CatlinAlternates: Georgia Middlebrook
Guests: Sandy Bruens, Robert L. Fisher Jr., Esq., Robert Levande, Roberta Smith, John Watson, Brian Neff, Clifford Woodruff, David Plourde
Vice-Chairperson Polly Roberts called the meeting to order at 7:30pm. Ms. Roberts welcomed Todd Catlin as a regular member of the Zoning Board of Appeals.
PUBLIC HEARING CONTIUNED
Ms. Roberts seated Bradford Sedito, Randolph Snook, Todd Catlin, herself and alternate Georgia Middlebrook.
ZBA-0616 Request of Frank & Debbee Tomczyk, 39 River Road, a petition for Special Exception for expansion of nonconforming dwelling. Sandy Bruens and Robert L. Fisher Jr., Esq. were present to represent this application. The applicant submitted a revised floor plan which moves the proposed addition further from the south property line. Mr. Bruens submitted a revised survey which shows the proposed addition 6.03' from the property line and a revised sketch of the west side of the structure. Atty. Fisher hopes this change will satisfy members concern with the proposed addition being to close to the property line. The original proposal was 3.57' from the property line and the existing porch is at 5.91' from the property line. Referring to the Zoning Regulations under 17.5c Ms. Roberts stated that granting this special exception promotes housing choice and economic diversity in housing for moderate income households and she appreciates the applicant revising their plans to address the side yard set back concerns. Ms. Roberts asked for comments or questions from the public. Atty. Fisher reminded members that the neighbor on the south side (Dennis Hussey) was in favor of the proposed additions.
MOTION: to close ZBA-0616 Request of Frank & Debbee Tomczyk, 39 River Road, a petition for Special Exception for expansion of nonconforming dwelling was made by Mr. Sedito, seconded by Mr. Snook by a 5-0 vote.
MEETING
Mr. Sedito is in favor of granting this special exception now that the applicant is not increasing the nonconformity of the side yard setback, this type of application is what a special exception is for. Mr. Sedito understands the desire for increased kitchen space and feels the proposed porch is a reasonable request. Mr. Snook agrees and also appreciates the applicant's revised plans to relocate the proposed addition further from the side setback. Mr. Catlin and Ms. Middlebrook were in agreement as was Ms. Roberts.
MOTION: to approve ZBA-0616 Request of Frank & Debbee Tomczyk, 39 River Road, a petition for Special Exception for expansion of nonconforming dwelling as per survey map dated August 2006 revised 11/15/2006 by T. Michael Alex, land surveyor received 11/16/2006 and on file by a vote of 5-0.
PUBLIC HEARING
Ms. Roberts seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, Todd Catlin, and herself.
ZBA-0624 Request of Robert M. Levande and Andrea Brown, 88 Baldwin Hill Road, a petition for 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. Robert Levande was present to represent his application. Mr. Levande began by stating he would like to install a stand by generator 150' from his house. Mr. Levande went on to say that logic suggests two locations for the proposed generator, on the northwest side of his house or next to an existing pool shed which is his proposed location. He feels that placing the generator on the northwest side of his house would be closer to Baldwin Hill Road, the wetlands and the Salem Church (which is his closest neighbor). He stated that the Salem Church is approximately 250' from him. Mr. Leddy is his closes neighbor; the proposed generator placed by the pool shed would be 300' from the property line and 500' from the Leddy residence. Mr. Levande stated he phoned Mr. Leddy to explain his proposal and Mr. Leddy had no problem with the proposed location. Mr. Levande described the generator as operating at 71 1/2 db on full load and 54db at weekly exercise. Mr. Catlin asked if the generator could go inside the shed with the pool equipment. Mr. Levande stated that there was no room. Mr. Levande stated that C&D Custom from Woodbury would be installing the generator. Ms. Roberts asked for comments or questions from the public.
MOTION: to close ZBA-0624 Request of Robert M. Levande and Andrea Brown, 88 Baldwin Hill Road, a petition for 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 Katharine Leab, by a 5-0 vote.
MEETING
Mr. Snook stated that the db level at 225' would be 50-52dbs which is not objectionable. Mr. Sedito felt that placing the generator in the proposed location would have less of an impact on the closest neighbor than placing it within 25' of the house. Mr. Catlin agrees that the proposed location will have less of an impact on the Salem Church. Ms. Leab agrees, as does Ms. Roberts who added that behind the proposed location is a heavily wooded area.
MOTION: to approve ZBA-0624 Request of Robert M. Levande and Andrea Brown, 88 Baldwin Hill Road, a petition for 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 map on file labeled Exhibit A by a vote of 5-0.
PUBLIC HEARING CONTINUED
Ms. Roberts seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, Todd Catlin, and herself.
ZBA-0621 Request of Roberta J. Smith, 31 East Shore Road, for a variance from Zoning Regulations 11.6.1.c (front yard setback), 11.5.1 (lot coverage) and 12.1.2 (setback from East Aspetuck River), to build a garage on existing foundation. Roberta Smith, John Watson and Brain Neff were present to represent this application.
Ms. Roberts began by asking if the proposed garage site is on an existing foundation, Ms. Smith answered that a portion of it is. Ms. Smith submitted a map showing the original boundaries of lots 8, 9 & 11 as marked by Brian Neff, P.E., the proposed garage is located on lot 9. Brian Neff also submitted a proposed garage section. Mr. Snook confirmed that the proposed garage is not in the state right-of-way and went on to say that upon visiting the site he observed that the driveway in not a consistent width. Mr. Sedito asked about locating the garage nearer to the house. Ms. Smith stated that the septic is located in the only open area near the house. Ms. Roberts suggested moving the garage to the north for better entry and referenced a letter dated November 16, 2006 from Michael A. Zizka Esq. regarding the deed restricted lot issue, which states that local land use agencies do not have the power to decide questions of legal title. Ms. Smith stated that she purchased lots 8, 11 & 13 from the New Preston Women's Club which refer to conditions and restrictions from the U-L Land Company. Members were given copies of assessors map 11-5 showing lots 8, 9,11,13 &14 and copies of the deeds (Vol. 161, 77, 137 & 195) which are the lots owned by Ms. Smith. Mr. Woodruff voiced his concerns with the safety of backing out of the garage into the driveway. Mr. Snook agreed with Ms. Roberts that moving the proposed garage to the north would be better but went on to say that in all fairness it is not a great burden to go slow to allow backing out of the garage. Mr. Catlin agreed stating that there is a courtesy that comes with a shared driveway. Mr. Sedito interjected that the further from the driveway the proposed garage is located the safer. Ms. Smith said she has no problem moving the garage north as suggested but doesn't know if the garage can be built on parcel 11. Mr. Snook noted that it is Ms. Smith's responsibility to determine if she can build on parcel 11. David Plourde came forward with a copy of Vol. 171 of the Town land records which he states show public access is allowed and went on to reference problems he has had with the applicant, he feels Ms. Smith is pushing the boundaries of the property. Mr. Woodruff asked about proof of hardship. Mr. Watson addressed the hardship issue by stating the property is unusual and unique with the river running through and contours he feels the proposed location is the most suitable. Mr. Catlin asked if the corner of the garage could be moved out of the driveway, Mr. Snook felt access to the garage was a problem as well. Ms. Roberts agreed the proposed garage is not a good situation. Brian Neff suggested entering the garage from the north, having access across lot 11. Mr. Catlin suggested reducing the width to have the corner of the garage off the driveway or widening the driveway in that area.
MOTION: to continue ZBA-0621 Request of Roberta J. Smith, 31 East Shore Road, for a variance from Zoning Regulations 11.6.1.c (front yard setback), 11.5.1 (lot coverage) and 12.1.2 (setback from East Aspetuck River), to build a garage on existing foundation was made by Ms. Roberts, seconded by Mr. Snook by a 5-0 vote.
PUBLIC HEARING CONTINUED
Ms. Roberts seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, Todd Catlin, and herself.
ZBA-062 Request of Roberta J. Smith, 35 East Shore Road, for a variance from Zoning Regulations 11.6.1.c (rear yard setback and 12.1.2 (setback from East Aspetuck River), to build a greenhouse roof on existing foundation. Roberta Smith, John Watson and Brian Neff were present to represent this application. Mr. Watson referred to the property as being narrow and unique. Brian Neff submitted a proposed greenhouse section and explained the construction. Mr. Neff stated that they will not utilize existing walls, the proposed greenhouse will have wood walls, a timber roof and glass panel front door. The stone will remain as it exists; the proposed greenhouse will measure 11'10" deep x 24' width. The A-2 survey shows that the proposed greenhouse will be built 5.99' from the property line. Mr. Woodruff felt that the proposed greenhouse was a safety issue being right on the driveway and made of glass. Mr. Snook noted that the proposed doesn't diminish the driveway. At present the proposed location is a barbeque area. Ms. Roberts agrees with the hardship issues, the proximity to the water, and the width of the land and went on to reference the guidelines for a variance application, she felt the proposed doesn't seem like a good idea. Mr. Watson feels the proposed greenhouse is in harmony with the property, they are trying to improve the property. Ms. Middlebrook has been to the site and states it is a difficult location. It was determined that it is 15' from the house to the faade of the proposed greenhouse. Ms. Leab is concerned with the proposed overhead door; she's not convinced it is necessary.
MOTION: to close ZBA-062 Request of Roberta J. Smith, 35 East Shore Road, for a variance from Zoning Regulations 11.6.1.c (rear yard setback and 12.1.2 (setback from East Aspetuck River), to build a greenhouse roof on existing foundation was made by Mr. Sedito, seconded by Mr. Snook voted down 1-4.
Mr. Sedito voted to close.
Ms. Leab, Mr. Snook, Ms. Roberts, Mr. Catlin voted against closing.
Mr. Watson asked for a continuance, so they can come back with better plans. Mr. Sedito expressed that ZBA rarely grants a variance when a neighbor objects; this is close to the property line. Mr. Snook agrees he would find it difficult to approve a potting shed. Mr. Catlin has no problem with this request, he has visited the site, there are no lot coverage issues, it will be built within an existing structure, it's a tricky site, and he believes the hardship is with the land, it's a modest request. Mr. Catlin went on to say that he can see the applicants rights and privileges as well as Mr. Woodruff's. In closing Ms. Smith stated that the door to the greenhouse will be a garage door with a pedestrian access. Members requested elevations and a total picture of the proposed greenhouse/potting shed.
MOTION: to continue ZBA-0622 Request of Roberta J. Smith, 35 East Shore Road, for a variance from Zoning Regulations 11.6.1.c (rear yard setback and 12.1.2 (setback from East Aspetuck River), to build a greenhouse roof on existing foundation was made by Mr. Catlin, seconded by Ms. Leab by a 4-1 vote.
Ms. Leab, Mr. Snook, Ms. Roberts, Mr. Catlin voted to continue.
Mr. Sedito voted against continuing.
MOTION: to accept the minutes of the October 26, 2006 meeting of the Washington Zoning Board of Appeals as submitted was made by Mr. Catlin, seconded by Ms. Leab by a 5-0 vote.
MOTION: to elect Bradford Sedito as Chairman of the Washington Zoning Board of Appeals was made by Ms. Roberts, seconded by Ms. Leab by a 5-0 vote.
Motion: to elect Polly Roberts as Vice-Chairperson of the Washington Zoning Board of Appeals was made by Mr. Sedito, seconded by Mr. Catlin, by a 5-0 vote.
The November 16, 2006 meeting of the Zoning Board of Appeals was adjourned at 9:45pm.
Submitted subject to approval,
Pamela L Osborne, Secretary
Posted: November 12, 2006 October 26, 2006
Present: Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts,Alternates: Peter Bowman, Todd Catlin, Georgia Middlebrook
Guests: Michael Gorra, Sandy Bruens, Lindsey Gruson, Roberta Smith, John Watson, Clifford Woodruff, David Plourde, Barbara Kohn, Reese Owens
Vice-Chair Polly Roberts called the meeting to order at 7:30pm. Ms. Roberts welcomed new alternate ZBA member Peter Bowman and announced the resignation of Chairman Edmund White. The following motion of thanks was made:
Motion: of thanks to Ed White, who has resigned from the Zoning Board of Appeals, he came on the ZBA in 1989, became vice-chair in 1994 and chairman in 2001. Ed was a calm, steady, thorough and gentlemanly chair. During his tenure he helped with improvements to the applications, guidelines and worked with the Zoning Commission to refine definitions and special exception standards. Members will miss his experience, guidance, good humor and hard work, made by Ms. Leab, seconded by Mr. Catlin, passed by unanimous vote.
At the November 16, 2006 Zoning Board of Appeals members will elect a new chair and vice-chair.
Public Hearing Continued
Ms. Roberts seated Bradford Sedito, Randolph Snook, herself and alternates Todd Catlin and Georgia Middlebrook.
ZBA-0615 request of Ferris Gorra, 278 New Milford Turnpike, for a variance from Zoning Regulation 11.6.1a (front yard set back) and 17.4 (increasing the non conformity of a nonconforming structure) to add on to front stoop. Certified mail notice to property owners within 200' has been completed. Michael Gorra recapped his application to expand the existing entry stoop, which he states will make access safer and easier. The expansion will be 2' on two sides. Mr. Gorra reminded members that this will not be a handicapped access; the handicapped access is in the rear of the building. Ms. Roberts asked for comments or questions from the public.
Motion: to close ZBA-0615 request of Ferris Gorra, 278 New Milford Turnpike, for a variance from Zoning Regulation 11.6.1a (front yard set back) and 17.4 (increasing the non conformity of a nonconforming structure) to add on to front stoop was made by Mr. Catlin, seconded By Mr. Snook by a vote of 5-0.
Meeting
Mr. Catlin stated that he has no issues with this application the request makes sense. Ms. Middlebrook agrees. Mr. Sedito felt that the request was modest and would be a great improvement for the entry way .Mr. Snook and Ms. Roberts were in agreement.
Motion: to approve ZBA-0615 request of Ferris Gorra, 278 New Milford Turnpike, for a variance from Zoning Regulation 11.6.1a (front yard set back) and 17.4 (increasing the non conformity of a nonconforming structure) to add on to front stoop, as per survey map on file for Aspetuck Animal Hospital dated August 2006 by T. Michael Alex, land surveyor by a 5-0 vote.
Continued Public Hearing
Ms. Roberts seated Bradford Sedito, Randolph Snook, herself and alternates Todd Catlin and Georgia Middlebrook.
Request of Frank & Debbee Tomczyk, 39 River Road, a petition for Special Exception for expansion of nonconforming dwelling. Sandy Bruens, contractor was present to represent this application. Added to the file were a letter dated October 11, 2006 from Frank & Debbee Tomczyk which included floor plans of what exists and the proposed, a posterboard with photos of the existing house and neighborhood. Also Sandy Bruens submitted hand drawn outside views of the proposed addition from four sides. Ms. Roberts began by noting that the proposed addition will bring the structure 3.57' from the property line, at present the existing porch is 5.91' from the property line. ZBA members are concerned about this side yard setback. Mr. Bruens stated that the applicants reasoning for not moving the proposed addition is that they have cabinets/heirlooms which fit with their proposed plan, he went on to say that he suggested they move the proposed addition but it is not what the applicants want. Ms. Roberts went on to state that there are alternatives that are workable, sliding the addition to the north, it is level and does not encroach on the well. Mr. Sedito added that the back yard is wide open. Members went on to discuss the proposed new front porch; the non conformity will be decreased because the steps will be removed from the front and put on the driveway side. Ms. Roberts asked for comments from the public. Mr. Bruens asked for clarification of information he recalls from prior ZBA chairman Nick Solley of ZBA being OK with distances from property lines if the proposed is not more than half of what exists. Members don't recall such precedent. Ms. Roberts felt members would like to see a plan which brings the footprint of the proposed addition at 5.91' or more from the property line. Mr. Bruens said he would agree to that and tell the applicants that is how it has to be. Members felt the application should be continued so that Mr. Bruens has an opportunity to speak with the applicants.
Motion: to continue ZBA-0616 request of Frank & Debbee Tomczyk, 39 River Road, a petition for Special Exception for expansion of nonconforming dwelling was made by Mr. Snook, seconded by Mr. Sedito, by a 5-0 vote.
Public Hearing
Ms. Roberts seated Katharine Leab, Bradford Sedito, Randolph Snook, herself and alternate Peter Bowman.
ZBA-0620 request of Jane & Lindsay Gruson, 61 Frisbie Road, a petition for special exception, a request for generator to be situated farther from the structure principally served than is specifies under section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations. Lindsey Gruson was present to represent his application. Mr. Gruson's proposal is to place the generator inside an existing (three sided) shed at an angle away from the neighboring property. Mr. Gruson went on to state that noise from the generator will be muffled by existing stonewalls, trees, a barn and sloping terrain, he felt that in the proposed location they (the applicant) would be the most bothered by the generator noise. Todd Catlin clarified that the Gruson property is not subdivided into 6 parcels as indicated on the map provided. The distance from the proposed generator location and the nearest property line is 200'; the db rating on the generator at 150' is 57db. Mr. Bowman asked about the exhaust from the generator, noting that it is best to be placed in an open garage and not a closed area. The generator will be powered by propane, a buried tank already exists. Ms. Roberts did a site visit and felt that if the generator was with in 25' of the house it would be noisier for neighbors. Ms. Roberts asked for questions or comments from the public.
Motion: to close ZBA-0620 request of Jane & Lindsay Gruson, 61 Frisbie Road, a petition for special exception, a request for generator to be situated farther from the structure principally served than is specifies under section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations was made by Mr. Snook, seconded by Ms. Leab by a 5-0 vote.
MEETING
Mr. Snook sees no problem with the proposed location. Mr. Sedito agreed, the proposed location has less of an impact on neighbor's property with the protection from the three sided building, stonewalls etc. Mr. Bowman agrees the proposed is a good location. Ms. Leab and Ms. Roberts agreed.
Motion: to approve ZBA-0620 request of Jane & Lindsay Gruson, 61 Frisbie Road, a petition for special exception, a request for generator to be situated farther from the structure principally served than is specifies under section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations, as per application on file by a 5-0 vote.
PUBLIC HEARING
Ms. Roberts seated Katharine Leab, Bradford Sedito, Randolph Snook, herself and alternate Todd Catlin.
ZBA-0621 request of Roberta J. Smith, 31 East Shore Road, for a variance from Zoning Regulations 11.6.1.c (front yard setback), 11.5.1 (lot coverage) and 12.1.2 (setback from East Aspetuck River), to build a garage on existing foundation. Roberta Smith and John Watson were present to represent this application. On October 20, 2006 Ms. Smith combined parcels #8, 9 and 11 to create one parcel known as 31 East Shore Road (which is .715 acres) according to the Town of Washington Land Records. Ms. Smith began by stating that she has received Inland Wetlands approval for this project. She went on to say that the entire parcel is non conforming at approximately 150' wide and due to the proximity to the East Aspetuck River. Ms. Smith submitted a picture of the existing foundation; she stated that the structure was demolished in 1996. She went on to say the existing foundation is 22'x27' and the proposed is 22'x22', they will pour a new foundation inside the existing foundation. Mr. Bowman asked about the height of the building, will it be above Route 45? Ms. Smith said that the drawing submitted was not exactly what was to be built; the ridge/roof line will be at the height of Route 45. Mr. Catlin noted that ZBA approves specifics, the building needs to be sited correctly and to scale in relationship to Route 45 to determine if the proposed is the best option for the garage. Mr. Sedito added that members need to see elevations and cross section of the proposed structure. Clifford Woodruff came forward to address the ZBA. Mr. Woodruff began by stating that he has full use of the driveway which runs by the proposed garage and through Ms. Smith's property. He went on to say that the original structure was 17'x21', he does not consider the existing stone work the original foundation, but something stone masons erected in 1997. Mr. Woodruff considers the proposed garage a safety hazard because of the hill and access, he asked members to search the history of the U.L. Land Trust to see if the land can be built on. Mr. Snook requested a copy of the easement granting the right-of-way for Mr. Woodruff over Ms. Smith's property. The judgment and deed copies were submitted to the file. Mr. Catlin referred to the map noting that the proposed garage appears to encroach on to Mr. Woodruff's right-of-way. Mr. Watson stated that the applicant recognizes the easement, because of the unique topography there is no location to place the garage nearer the house, the function of the garage will be for storage and cars going in and out of the garage will be limited. David Plourde addressed members with his concerns for the proposed garage. Mr. Plourde owns the property on the maps referred to as property of Edith R. Poletto; he submitted photos of the driveway and electrical wires. Mr. Plourde has concerns about prior work being done with out permits. Mr. Snook stated that Mr. Plourde's concerns should be taken to the building department and is not the purview of ZBA. Ms. Smith stated that Mr. Plourde has no rights to pass on the driveway. Ms. Roberts asked the applicants to relocate the building so it didn't encroach on Mr. Woodruff's easement as it appears to do on the maps, address the egress concerns, submit detailed building plans.
Motion: to continue ZBA-0621 request of Roberta J. Smith, 31 East Shore Road, for a variance from Zoning Regulations 11.6.1.c (front yard setback), 11.5.1 (lot coverage) and 12.1.2 (setback from East Aspetuck River), to build a garage on existing foundation was made by Ms. Leab, seconded by Mr. Snook, by a 5-0 vote.
Public Hearing
Ms. Roberts seated Katharine Leab, Bradford Sedito, Randolph Snook, herself and alternate Todd Catlin.
ZBA-0622 request of Roberta J. Smith, 35 East Shore Road, for a variance from Zoning Regulations 11.6.1.c (rear yard setback and 12.1.2 (setback from East Aspetuck River), to build a greenhouse roof on existing foundation. Roberta Smith and John Watson were present to represent this application. Mr. Watson stated that there is an existing barbeque area which they want to put a glass roof and front on to create a greenhouse. The greenhouse will be heated with propane and not habitable. The existing foundation was a cider mill. Mr. Watson noted that hardship lay in the characteristics of the property. Clifford Woodruff addressed ZBA members stating that the existing foundation is jointly owned, it is on Ms. Smith and his property. Mr. Woodruff went on to say that the cider mill was 16'x16' and the existing foundation is 10'5"x22'. Mr. Snook asked the applicants how they were going to place the metal and glass on the existing patio without impinging on the easement/right-of-way of the driveway which appears to front on the existing patio area. Ms. Roberts asked about the safety issue of now placing a glass house on the patio area. Mr. Bowman asked for better drawings/plans for the greenhouse.
to continue ZBA-0622 request of Roberta J. Smith, 35 East Shore Road, for a variance from Zoning Regulations 11.6.1.c (rear yard setback and 12.1.2 (setback from East Aspetuck River), to build a greenhouse roof on existing foundation was made by Ms. Leab, seconded by Mr. Catlin by a 5-0 vote.
PUBLIC HEARING
Ms. Roberts seated Katharine Leab, Bradford Sedito, Randolph Snook, herself and alternate Georgia Middlebrook.
ZBA-0623 request of Barbara Shattuck Kohn, 23 Ferry Bridge Road, a petition for special exception, a request for generator to be situated farther from the structure principally served than is specifies under section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations. Barbara Kohn and Reese Owens of Halper Owens Architects were present to represent this application. Certified mail notice was sent to four property owners on October 19th, 2006 two cards were returned, Mr. Owens also submitted a memo from Susan Graham in favor of the proposed generator. Mr. Owens oriented members with the proposed site on the site plan submitted and went on to say that the generator will be enclosed with a 7' fence and gate on four sides and encased in the best sound enclosure. The location is at the base of a 3' retaining wall and will be surrounded with plantings as well. An aerial view of the area was submitted as well. Mr. Snook noted that the proposed generator has a 55db rating with no enclosure to the nearest property line and is 4'6"x9' in size.
Motion: to close ZBA-0623 request of Barbara Shattuck Kohn, 23 Ferry Bridge Road, a petition for special exception, a request for generator to be situated farther from the structure principally served than is specifies 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 felt that the presentation was very professional and all concerns have been addressed. Mr. Sedito felt the proposed location would have less of an impact on neighbors. Ms. Middlebrook and Ms. Leab agreed. Ms. Roberts had nothing to add.
Motion: to approve ZBA-0623 request of Barbara Shattuck Kohn, 23 Ferry Bridge Road, a petition for special exception, a request for generator to be situated farther from the structure principally served than is specifies under section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations, as per site plan for Kohn Renovation, dated 09.22.06 by Halper Owens Architects LLC on file by a 5-0 vote.
Motion: to approve the minutes of the September 21, 2006 meeting of the Washington Zoning Board of Appeals as submitted was made by Ms. Roberts, seconded by Mr. Snook by a 5-0 vote.
The October 26th, 2006 meeting of the Zoning Board of Appeals adjourned at 9:52pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
September 21, 2006
Present: Edmund White, Bradford Sedito, Randolph Snook, Polly RobertsAlternates: Todd Catlin, Georgia Middlebrook
Guests: Michael Gorra, Victoria Cherniske, Peter & Christina Klemm, Robert L. Fisher, Jr. Esq., Michael & Jill Lloyd, Armand DiBiase, Cynthia Filkoff, Ed & Zemma White, Michael Rybak, Esq., Joanne Jacobson, Ann Ficks, Deborah Eldridge
Chairman, Edmund White called the meeting to order at 7:30pm and read the agenda for tonight's meeting. Mr. White also noted that he has an application before the Zoning Board of Appeals tonight; Ms. Roberts will step in as Vice-Chair and Mr. White will excuse himself when the White application is presented.
PUBLIC HEARING
Mr. White seated Bradford Sedito, Randolph Snook, Polly Roberts, himself and alternate Todd Catlin.
ZBA-0615 Request of Ferris Gorra, 278 New Milford Turnpike, for a variance from Zoning Regulation 11.6.1a (front yard set back) and 17.4 (increasing the non conformity of a nonconforming structure) to add on to front stoop. Michael Gorra was present to represent this application. It was noted for the record that only two property owners (Swanson & Truesdell/Charles) were notified, not everyone within 200' of the applicant's property line was notified. Mr. Gorra also had hand written verification of notice from Edmondson. Michael Gorra went on to explain that the existing steps and rail are in disrepair and they would like to enlarge the landing by 2' in width and length, this will make the entrance safer. At present Mr. Gorra explained that the entrance is hard to maneuver with large dogs and carriers. Mr. Sedito asked if the new entrance would be handicapped accessible. Mr. Gorra answered no, they have a handicapped ramp in the rear of the building which does not make for good traffic flow through the office, and 95% of the traffic flow is through the front door. ZBA members had done a site visit and Mr. Catlin noted that the existing entrance was awkward. Mr. Gorra stated that they plan to widen the door to 36". The applicant needs to complete the obligation of certified mail notice to property owners within 200' of their property.
Motion: to continue ZBA-0615 request of Ferris Gorra, 278 New Milford Turnpike, for a variance from Zoning Regulation 11.6.1a (front yard set back) and 17.4 (increasing the non conformity of a nonconforming structure) to add on to front stoop, was made by Mr. Snook, seconded by Mr. Sedito by a 5-0 vote.
PUBLIC HEARING
Mr. White seated Bradford Sedito, Randolph Snook, Polly Roberts, himself and alternate Georgia Middlebrook.
ZBA-0616 Request of Frank & Debbee Tomczyk, 39 River Road, a petition for Special Exception for expansion of nonconforming dwelling. Victoria Cherniske was present to represent this application. Edmund White read a letter dated August 28, 2006 from Dennis Hussey endorsing the proposed application. Five certified mail notices were sent out on 9/6/2006 and three were returned. Ms. Cherniske noted that certified mail notice was returned from Cisneros/Macaya and was remailed on 9/14/06. Ms. Cherniske began by explaining that the applicant's would like to extend and add on to an existing side porch. Victoria explained the lay out of the existing house including the upstairs which has two existing bedrooms. The proposed addition will help modernize the kitchen. The existing side porch is on pillars, they will be adding a foundation. Mr. Snook was concerned with the proposed addition being so close to the property line (3.57'). The existing septic was located off the south/east front corner of the house and the existing well was located on the survey map. Mr. White asked if the applicants had thought about any other location for the proposed addition and also asked for elevations. Ms. Roberts was also concerned about being so close to the property line and asked about sliding the addition to the north. Ms. Cherniske stated that the side porch and new addition will be one room. Members asked for architectural drawings, showing roof lines, elevations etc. ZBA members had done a site visit. Mr. White explained that the Special Exception was created to extend the life of these older homes and the ZBA's charge is to make sure all options have been explored, once the variance is granted it's with the property forever. Mr. White went on to say that members needed to see floor plans showing what exists and what is proposed, before and after outside views that include elevations.
Motion: to continue ZBA-0616 request of Frank & Debbee Tomczyk, 39 River Road, a petition for Special Exception for expansion of nonconforming dwelling was made by Ms. Roberts, seconded by Ms. Middlebrook, by a 5-0 vote.
PUBLIC HEARING
Mr. White seated Bradford Sedito, Randolph Snook, Polly Roberts, himself and alternate Todd Catlin.
ZBA-0617 Request of Peter Klemm, 11 Ives Road, a petition for 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. Christina & Peter Klemm were present to represent their application. They would like to place a generator in the barn close to Ives Road, with the exhaust pointing toward Baldwin Hill Road. The proposed generator is a 15kw, powered by propane, with sound proof housing and they will be installing a louver on the barn for the exhaust. The Klemm's house is in the Historical District and they don't want to see the generator. Mr. Catlin was thrilled to see the generator put in the barn. Mr. Snook asked for a db rating which couldn't be found in the information provided. Mr. Sedito noted that the information stated that the generator would have sound proof housing and high end muffler. Mr. Klemm explained that the generator would be placed in a storage shed attached to the barn that was approximately 15' x 10', consisting of four walls and concrete slab. Mr. Sedito noted that the proposed location would have less of an impact on neighbors. Mr. White asked for comments or questions from the public.
Motion: to close ZBA-0617 request of Peter Klemm, 11 Ives Road, a petition for 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. Snook, seconded by Mr. Catlin by a 5-0 vote.
MEETING
Mr. Catlin has no issues with this application; he's thrilled to see it placed inside. Mr. Snook agrees. Mr. Sedito is in favor of the application because it will have less of an impact on neighbors. Ms. Roberts agrees with granting the special exception but with the condition that a db rating be supplied. Mr. White has no problem with this application.
Motion: to approve ZBA-0617 request of Peter Klemm, 11 Ives Road, a petition for 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, generator to be placed in north/east corner of barn shown on survey map dated March 2001, revised 8/29/06 by T. Michael Alex, land surveyor and be the Oman 15 JC-18R propane powered generator as specification sheet submitted with the condition that db ratings be provided by a 5-0 vote.
PUBLIC HEARING
Mr. White seated Bradford Sedito, Randolph Snook, Polly Roberts, himself and alternate Georgia Middlebrook.
ZBA-0618 Request of Michael A. & Jill F. Lloyd, 149 Whittlesey Road, for a variance from Zoning Regulation 12.1.1, 12.1.2, 12.1.3 (wetlands and watercourses setbacks) to demolish existing house and construct new house. Robert L. Fisher, Jr., Esq. and Michael & Jill Lloyd were present to represent their application. Mr. Fisher began by stating that the existing shed style house is bounded by the Bantam and Shepaug Rivers built on a short foundation at 615.558' above sea level. The new house is proposed at 618' above sea level with a new foundation which will allow water to flow through (FEMA 100yr. flood level is 617'). The new house is proposed in a slightly different location to take advantage of the southern exposure and orient better with the existing pool location. The applicants have been through wetlands and received approval. Atty. Fisher went on to explain the variances which pertain to setbacks from the flood line and rivers. Armand DiBiase and Cynthia Filkoff the architects presented a poster board showing the existing site and went on to describe the 2.25 acre site which they state has little grade change. Existing septic and reserve area were located. Ms. Filkoff went on to say they have designed the house to blend in and be as low as possible, she then went through the floor and elevation plans. The existing house is 2640 sq. ft. and proposed is 2904 sq. ft. According to Ms. Filkoff they have modified the drive way, moving away from the river, added two terraces and changed some lawn into gardens and tried to be sensitive to the site. The outside design of the new house will be shingled at a height of 25", they are allowed 35'. The Lloyds have owned the existing house for six years and they explained that there is not much of a second floor; they need more space for their expanding family. Ms. Roberts read five letters of support which were submitted to the Lloyd's Inland/Wetlands file. Mr. White asked for questions or comments from the public.
Motion: to close ZBA-0618 request of Michael A. & Jill F. Lloyd, 149 Whittlesey Road, for a variance from Zoning Regulation 12.1.1, 12.1.2, 12.1.3 (wetlands and watercourses setbacks) to demolish existing house and construct new house was made by Mr. Snook, seconded by Mr. Sedito by a 5-0 vote.
MEETING
Mr. Snook felt this was a thorough and profession presentation and the hardship issue is clear. Mrs. Middlebrook agreed. Mr. Sedito felt the applicants did a great job; it will be a vast improvement. Ms. Roberts agrees she understands the pivoting of the house. Mr. White also agrees and with wetland approval he's comfortable granting it.
Motion: to approve ZBA-0618 request of Michael A. & Jill F. Lloyd, 149 Whittlesey Road, for a variance from Zoning Regulation 12.1.1, 12.1.2, 12.1.3 (wetlands and watercourses setbacks) to demolish existing house and construct new house as per plans submitted by DiBiase Filkoff Architects dated 15 May 2006 by a 5-0 vote.
PUBLIC HEARING
Ms. Roberts seated Bradford Sedito, Randolph Snook, herself and alternates Todd Catlin and Georgia Middlebrook.
ZBA-0619 Request of Ed & Zemma Mastin-White, 6 Parsonage Lane, for a variance from Zoning Regulations 11.5.1 (lot coverage), 11.6.1 (front, side & rear yard setbacks), 17.4 (increasing the nonconformity of a non conforming structure), to increase by 6' the variance previously granted for a garage. Ed and Zemma Mastin White were present to represent their application. Mr. White began by stating the purpose for the increase is for a more workable three car garage. Their home is an old 1 1/2 story house, they live in the attic level, the basement is wet, built with piled stones and has a floating floor, and they have no storage space. They use a driveway by means of right-of-way and their leaching fields are on the church's land. With the proposed they will be able to park the cars in a garage. Ed White stated that they have tried to acquire more land over the years to no avail. The original variance granted in 1988 was for a 24' x 30' garage, height of 24'6". What they are proposing is a 24' x 36' garage, height 24'. The proposed will bring the garage 3.44' & 3.34' from the property line Mr. White stated that the second floor will be used for storage. At this point Ms. Roberts asked for comments or questions from the public. Michael D. Rybak Esq. came forward to address ZBA members; Atty. Rybak represents Joanne Jacobson a neighboring property owner. Atty. Rybak asked for a continuance as his client had just received notice on Friday September 15, 2006 and had retained his services within the last 48 hours. Atty. Rybak submitted the following documents to the file: assessor's map (showing the location of the White property) and assessor's card for the White property, Town of Washington Guidelines for Variance Applications (2 pages), copies of documents in the ZBA file for White/6 Parsonage Lane from 9/1988 and legal opinion from 06-CBAR-0656; Feltman v. Easton ZBA. Referencing the assessor's map Atty. Rybak stated that the White property is one of a number of small lots in the area and several other lots have two-car garages, he felt the applicant did not have a unique hardship. Atty. Rybak went on to point out that the assessor's card shows 3,818 sq. ft. of lot coverage and the A-2 survey shows 3,729 sq. ft. for the house/walk, the survey shows 40% lot coverage which would increase if the proposed is granted. Mr. Rybak stated that because the applicant can not acquire land is not a hardship and went on to review the Town of Washington Guidelines for Variance Application and the information he submitted pertaining to 06-CBAR-0656; Feltman v. Easton ZBA. In closing Michael Rybak stated that the applicant has a variance for a two-car garage, the new application for a variance is elective, thus not a hardship. At this point Deborah Eldridge a neighbor at 4 Parsonage Lane addressed the ZBA members saying she feels the addition would be great and is in favor of it. Ms. Eldridge invited members to look at the proposed from her property, it would be quite visible. Ann Ficks another neighbor stated that the White's have been good neighbors for 18years and feels the proposed is the best looking and would blend in, she supports the Whites. Joan Jacobson invited ZBA members on to her property to see the impact the proposed would have. At present there are poles erected for the Historic District members to look at, she described the proposed as looming. Mr. White stated that the hardship was in the way the house is set up, if they were to move the garage closer to the house, by removing the studio, it would have a negative impact and make the whole structure look bigger. Atty. Rybak stated that the length of the garage is the issue, the closer to the back property line the more his client will see the structure and plans submitted are sketches his client would like to see architectural drawings. Ms. White submitted a photo of a similar structure to what they want to build. Members were going to do site visits.
Motion: to continue ZBA-0619 request of Ed & Zemma Mastin-White, 6 Parsonage Lane, for a variance from Zoning Regulations 11.5.1 (lot coverage), 11.6.1 (front, side & rear yard setbacks), 17.4 (increasing the nonconformity of a non conforming structure), to increase by 6' the variance previously granted for a garage was made by Mr. Snook, seconded by Mr. Sedito by a 5-0 vote.
Motion: to accept the minutes of the August 16, 2006 meeting of the Washington Zoning Board of Appeals with the following corrections: page 1 under ZBA-0613, line 20 replace vertical with horizontal; page 2 under MEETING line 19 replace Mr. with Ms., was made by Ms. Roberts, seconded by Mr. Catlin, by a 5-0 vote.
Other Business:
Members discussed the October 19th ZBA meeting, both Mr. White and Ms. Roberts were going to be out of Town. The consensus and agreement was that the meeting be moved to October 26th. Pamela Osborne, secretary will post notice.
Mr. White informed members that Peter Bowman was appointed as an alternate member to the ZBA. Mr. Bowman will be a welcome addition to the board.
Members were given the latest changes to the Zoning Regulations.
The September 21, 2006 meeting of the Zoning Board of Appeals adjourned at 9:20pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
August 16, 2006
Present: Edmund White, Katharine Leab, Bradford Sedito, Randolph Snook, Polly RobertsGuests: Tim Lee, William & Jeanne Byrne, Mary Ann Totten
Edmund White, Chairman called the meeting to order at 7:40pm and read the agenda for tonight's meeting.
Public hearing continued
Mr. White seated Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0613 Request of Foothills Group, 55 West Shore Road, petition for Special Exception for expansion of nonconforming dwellings to renovate existing buildings. Tim Lee was present to represent his application. All ZBA members have done a site visit to the property. Mr. Lee stated that the plan remained the same as the revised plan brought to the July 20, 2006 meeting with the stair tower moved to be less obstructive to the view from the Byrne's property. Mr. Lee went on to say that he felt the proposed was reasonable and he is willing to prune trees which will open up the view, there is no lot coverage increase, according to calculations they are allowed 6449.058 sq. ft. and they are using 5891 sq. ft. Mr. Lee noted that the garage roof height will increase and he will add a copula, his original plan added a second floor. He went on to say that the existing garage was under built, the roof is sagging. The shed will be rebuilt on the same footprint; the roof will have an 8'pitch to match the house and garage. Mr. Snook asked about enlarging the house toward the driveway which seems to be reasonably level. Mr. Lee answered that financially and feasibly it didn't make sense, there would be much more site work and his architect agreed that going up was better. The existing structure has three bedrooms and the proposed has three bedrooms, they will move a bedroom upstairs and add a bath upstairs as well. Tim Lee ended by stating that the faade will increase by 23%. Mr. White read a letter dated August 3, 2006 from Michael A. Zizka, Esq. Mr. Byrne addressed members by saying he would like to see the applicants expand vertically, he feels the proposed will permanently damage his property; the increased height is what bothers them. Ms. Leab asked Mr. Byrne if the applicant agreed to remove trees, would it make a difference. Mary Ann Totten, the Byrne's real estate agent stated that the view is what sells properties on the lake. Tim Lee felt that the proposed additions blocks a small portion of the view, the project is reasonable in scope. The applicants have wetlands approval. Members went over Section 17.5C 1&2 of the Zoning Regulations. In closing Mr. Lee stated that the original plans have been revised, he has tried to work with the neighbor and has offered to remove trees, the height of the garage has been reduced, they have moved the stair tower which reduces the height on that side of the house by 1 1/2 '. He noted that they have a letter of support from the Lecher's a neighboring property owner and he feels the alterations will increase property values. When meeting with his architect and engineer Mr. Lee stated they all felt the proposed has the least amount of site disturbance, is in keeping with the natural site and is a good project which will bring the property up to date. Mr. Byrne referred members to sections 17.5 B&C and 13.1 B (2 & 8) on which he is basing his objections. Members reread those sections. Mr. White asked about lighting and requested that lighting be low (no peak lighting), no landscape or decorative lighting. Mrs. Byrne addressed members by stating her concern with the driveway and bridge over which the applicants have a right-of-way and maintain.
MOTION: to close ZBA-0613 Request of Foothills Group, 55 West Shore Road, petition for Special Exception for expansion of nonconforming dwellings to renovate existing buildings was made by Ms. Leab, seconded by Ms. Roberts by a 5-0 vote.
MEETING
Ms. Leab felt that given the interpretation of the regulations and willingness of the applicant to have lighting stipulations and remove trees she cannot vote against it. Mr. Snook would like to see written stipulations about tree cutting in the deed so future property owners are aware, to help with the view from the Byrne's home. Mr. White had a problem mandating tree cutting, not knowing the impact to the slope or other wetlands issues. Mr. Sedito felt that you have to trust the applicant to honor his offer of cutting trees to open the view from the Byrne's property. Mr. Sedito feels the proposal is reasonable in scope, location, appearance etc. It is not an unreasonable addition; they did reduce the proposal in scale and scope. Mr. Sedito referenced Atty. Zizka's letter about reduced property values and an appraiser's opinion as basis for a denial. Ms. Roberts interjected that you could probably find an appraiser of the opposite opinion. In closing Mr. Sedito referenced Section 17.5 C (1) supporting the continued use of a single family dwelling, the existing house is old, small with bedrooms that aren't suitable, which needs an expansion. He believes the proposed is supporting the continued use of a single family dwelling and there is no basis to turn down the application. Ms. Roberts thinks it's a very modest proposal; the use is not intensifying because it's going from a three bedroom house to a three bedroom house. She understands the Byrne's point of view and is sympathetic to it but having done a site visit doesn't feel the proposed is taking away from their view. Granted it would be nice to cut trees and open up the view. Mr. Roberts went on to say she appreciates the applicant's cutting back on what was originally proposed. She does not feel that the proposed will create a nuisance, it's not fun to have construction going on but you have to look beyond that. Referencing 17.5 C (1&2) Ms. Roberts stated that the proposed is not going to promote housing choice or economic diversity, a house on the lake is always going to be out of range for affordable housing, but she does feel that the proposed supports the continued use of a single family dwelling. The project is reasonable in scope, location, appearance and extent, the applicant has paid attention to the site, size, location and architecture and she strongly agrees that it is better for the site, land and topography to go up and not out. Mr. White agrees and feels the board has done their job; the proposed extends the life of a single family dwelling. It is an interesting site; he would rather not see it blasted. Mr. White went on saying you can debate about the views, noting that the Byrne's house was built in one direction which you can tell there was a great view at one point, which has since grown in, you can not legislate that. The proposed came in larger, both the house and garage, a lot of work has been done to keep it reasonable. He would be in favor of the proposed with the lighting stipulation and the understanding that the commission hopes that something would be done with the vegetation.
MOTION: to approve ZBA-0613 Request of Foothills Group, 55 West Shore Road, petition for Special Exception for expansion of nonconforming dwellings to renovate existing buildings, as per revised plans by O'Brien Architecture, LLC dated 7/20/2006 on file, with the stipulation that the lighting shine downward, be as low to the ground as possible for safety reasons and that the lighting not shine upward or outward toward the adjacent property by a 5-0 vote.
MOTION: to approve the minutes of the July 20, 2006 meeting of the Zoning Board of Appeals as submitted was made by Mr. Sedito, seconded by Mr. Snook by a 5-0 vote.
The August 16, 2006 meeting of the Zoning board of Appeals was adjourned at 8:45pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
June 15, 2006
Present: Edmund White, Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts
Alternates: Georgia Middlebrook
Guests: Tim Lee, Peter Arnold, William & Jeanne Byrne, Joline EnsignEdmund White, Chairman called the meeting to order at 7:30pm and read the legal notice for today's meeting.
PUBLIC HEARING
Mr. White seated Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0613 Request of Foothills Group, 55 West Shore Road, petition for Special Exception for expansion of nonconforming dwellings to renovate existing buildings. Tim Lee and Peter Arnold were present to represent their application. Certified mail notice was sent out to 7 properties owners on June 1, 2006, 5 cards were returned. The unreturned cards were for the Lecher and Adams properties. Mr. Lee and Mr. Arnold bought the property as an investment but may end up keeping it as a summer place. The applicants submitted a letter amending their plans for the garage; they have decided not to add a second story. They will reroof the garage going from a 6' pitch to an 8' pitch and adding a cupola, total height approx. 17 1/2 '. The property is located off of Tinker Hill Road with 10' of road frontage on West Shore Road. It is a one acre parcel which has a right-of-way off of Tinker Hill Road. Mr. Lee believes the original house was built in 1901 and was part of the "old Casino property". He went on to describe the house as being in disrepair and in need of remodeling and updating. They would like to bring it up to today's standards and codes. Mr. Lee went on to state that they are proposing a second story to include a bedroom, study and bath, the first floor will have 2 bedrooms. The applicants presented a photo board showing the existing structures. Mr. Sedito asked which part of the house was historically 1901, it was thought that 1/2 of the existing structure dated back to 1901. Mr. Lee noted that the existing structures are preexisting nonconforming and do not meet any setback requirements. Mr. Lee went on to state that other properties in the area are being rebuilt. Mr. Sedito asked if there was a historical significance to the structure. Ms. Roberts read a letter dated June 11, 2006 submitted by William and Jeanne Byrne neighboring property owners expressing concerns with the expansion plans. Mr. and Mrs. Byrne were present. Mr. Byrne stated that the property was a summer home until 15 years ago when it became a permanent residence. Mr. Byrne went on to explain an existing easement which allows 7 properties spring access, 6 of these 7 properties have their own wells now. Mr. Byrne stated that the right-of-way off of Tinker Hill Road doesn't get much use, Mr. Byrne accesses his property off of Tinker Hill Road, and the applicant is the only one to use it year around. The applicant's purchased the property in May of 2006. Mr. Arnold submitted lot coverage calculations showing existing coverage being 5891 sq. ft. and the allowable lot coverage as 6449 sq. ft. they will not be increasing lot coverage. Mr. White asked if the applicant's had looked at other options, such as redesigning to make the structure lower. Mr. Lee stated that it was topographically tough because of ledge and added that they are not increasing the footprint of what exists. There was much discussion about the increased height for the second story. Photographs were submitted showing the view which exists from the Byrne's porch toward the lake, over the applicant's existing structure. Mr. White asked for comments or questions from the public. Mr. Byrne addressed ZBA members by saying that he wasn't against the increase only concerned that the proposed does not impact his property. Mr. White addressed the applicants by saying that members are careful to listen to neighbors input on applications, this application makes dramatic changes, and members agreed that a site visit is required. Several members had tried to do a sight visit but could not locate the property, the applicants gave directions. Mr. White went on to say that they need clarification on the age of the structure and members agreed that they are struggling with whether this should be a special exception or a variance.
MOTION: to continue ZBA-0613 request of Foothills Group, 55 West Shore Road, petition for Special Exception for expansion of nonconforming dwellings to renovate existing buildings was made by Ms. Roberts, seconded by Mr. Snook by a 4-1 vote.
Mr. White, Ms. Leab, Mr. Snook, Ms. Roberts voted to continue.
Mr. Sedito voted not to continue.
PUBLIC HEARING
Mr. White seated Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0614 Request of Joline A. Ensign, 106 Bee Brook Road, petition for Special Exception for expansion of nonconforming dwelling to renovate existing dwelling. Joline Ensign was present to represent her application. Certified mail notice was sent out on June 6, 2006 to five property owners and all cards were returned. Ms. Ensign went over the proposed changes to the existing structure which included adding a second story, replacing the front porch with a smaller covered entry way and changing the side entry to the back of the structure. Ms. Ensign stated that she had already removed the front overhang and has started reroofing and residing of the garage. The parcel is .45 acre. Ms. Ensign located the well on the south side of the garage and the septic on the north side of the house. Ms. Ensign went on to state that Brian Neff has located a reserve septic area in front of the house. The existing house was built in 1957. Ms. Ensign explained that adding the second story will add approx. 10' of height to the structure and that at present the garage is 10'. Mr. White asked if she had thought about other options. Ms. Ensign felt that with other houses in the area being two stories it made sense to go up and use less land. Mr. Snook read from Section 17.5 of the Zoning Regulations noting that the proposed changes promote moderate income households and is in keeping in line with the neighborhood. It was clarified that the structures maximum height would not exceed 26' from grade, the existing footprint will remain the same (22' x 36 1/2 '), a covered entry way will be created in the front and the side entry will be removed and relocated to the rear.
MOTION: to close ZBA-0614 request of Joline A. Ensign, 106 Bee Brook Road, petition for Special Exception for expansion of nonconforming dwelling to renovate existing dwelling was made by Mr. Sedito, seconded by Mr. Snook, by a 5-0 vote.
MEETING
Ms. Leab felt this request was reasonable and keeping with what exists in the neighborhood. Mr. Snook has no objections with granting this special exception because it promotes moderate income housing. Mr. Sedito agrees, it is a moderately priced home and the mass is consistent with what is in the neighborhood. Ms. Roberts is in agreement also, the proposed is an improvement and will remain within the same footprint. Mr. White agrees.
MOTION: to approve ZBA-0614 request of Joline A. Ensign, 106 Bee Brook Road, petition for Special Exception for expansion of nonconforming dwelling to renovate existing dwelling, per floor plans labeled Exhibit A with a maximum height of 26' from grade, by a 5-0 vote.
MOTION: to approve the minutes of the May 11, 2006 meeting of the Zoning Board of Appeals as submitted was made by Mr. Sedito seconded by Ms. Leab by a 5-0 vote.
Other Business/Discretion of the Chair
Members briefly discussed the proposed Zoning Regulation changes. Several ZBA members attended and voiced their concerns at the May 22nd public hearing of the Zoning Commission. There are changes being made to the draft of proposed zoning regulations, the secretary will email members the latest draft when it is available.
The June 15, 2006 Zoning Board of Appeals meeting was adjourned at 8:55pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
May 11, 2006
Present: Edmund White, Katharine Leab, Bradford Sedito, Randolph SnookAlternates: Todd Catlin, Georgia Middlebrook
Guests: Tammy Zinick
Edmund White, Chairman called the meeting to order and read the legal notice for tonight's meeting. Mr. White went on to state that ZBA-0612 Request of Barbara & Peter Wodtke, 155 West Shore Road, petition for Special Exception for expansion of Nonconforming Dwelling has been withdrawn.
PUBLIC HEARING
Mr. White seated Katharine Leab, Bradford Sedito, Randolph Snook, himself and alternate Todd Catlin.
ZBA-0611 Request of Mark Snow, 75 West Mountain Road, petition for 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, 12.14.3 of the Zoning Regulations. Tammy Zinick of Permit Me Please was present to represent the applicant. Members received information on the db rating for the proposed (already installed) generator, which also stated that there was a residential muffler on the unit. Ms. Zinick stated that Mr. Snow told her the closest neighbor is approx. 1/4 of a mile away. Ms. Zinick went on to say that the area between the neighbor and the generator is wooded which creates a natural buffer. She added that the generator is surrounded on 3 sides with solid fencing. Mr. Sedito verified that there was no sound proof housing around the generator. Ms. Zinick located the neighboring properties on the map. Mr. White asked for further questions.
Motion: to close ZBA-0611 request of Mark Snow, 75 West Mountain Road, petition for 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, 12.14.3 of the Zoning Regulations was made by Mr. Sedito, seconded by Ms. Leab by a 5-0 vote.
MEETING
Mr. Catlin visited the site, he feels it is unfortunate that electrical contractors continue to install generators in violation of the zoning regulations and ZBA has to deal with them after the fact. He feels this is the perfect example for a special exception, it is in the middle of nowhere, and he has no problem with the application. Mr. Snook and Ms. Leab agree. Mr. Sedito agrees also but is upset about the generator being installed with out a permit; he has spoken to the contractor. Mr. Sedito stated that ZBA could have had input on the specs for the generator if it had been installed according to the regulations. Mr. White agrees, as the generator already exists with the fence enclosure he is OK with the application.
MOTION: to approve ZBA-0611 Request of Mark Snow, 75 West Mountain Road, petition for 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, 12.14.3 of the Zoning Regulations as per map labeled Exhibit A on file by a 5-0 vote.
Pamela Osborne, Secretary circulated a draft letter for distribution to "local" electrical contractors informing them of the Zoning Regulations 12.14 for generators, air conditioners, pool equipment and other noise generating equipment. Members made a few additions to the letter and agreed it should be sent out to 5 local contractors.
MOTION: to accept the minutes of the April 20, 2006 Zoning Board of Appeals meeting as submitted was made by Mr. Catlin, seconded by Mr. Snook by a 5-0 vote.
Members had a lengthy discussion on the proposed changes to the Zoning Regulations pertaining to parking, coverage and setbacks in the business districts. Mr. White attended the Planning Commission meeting and also spoke with David Owen, Zoning Board Chairman. Mr. Catlin is bothered by this rewriting of the Zoning Regulations also he's feels they are headed down a slippery slope. With the proposed changes they will be changing the flow of how things would be handled. They will hold a public hearing on May 22nd as the Planning Commission has approved the changes. Mr. Sedito felt that perhaps some press coverage would enlighten people, if these changes are made and a precedent is set it will be tough to say no to future applications. Mr. White went on to state that the proposed changes are way beyond anything he imagined and leave development wide open in the business districts, no other town has these regulations. Mr. Snook is concerned with the proposed setbacks and being able to build on the property line. Mr. White felt that the Planning Commission did not fully comprehend the implications of the changes. He will speak with Atty. Zizka and David Owen again.
The May 11, 2006 meeting of the Zoning Board of Appeals was adjourned at 8:08pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
April 20, 2006
Present: Edmund White, Katharine Leab, Bradford Sedito, Randolph SnookAlternates: Todd Catlin, Georgia Middlebrook
Guests: Steven Colville, Carol Ward, Richard DeAnne, Richard Tompkins, Tammy Zinick
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 Katharine Leab, Bradford Sedito, Randolph Snook, himself and alternate Todd Catlin.
ZBA-0609 Request of Steven J. Colville, 14 Wheaton Road, for a variance from Zoning Regulations 11.5.1 (lot coverage), 11.6.1b (side yard setback), 12.1.1 & 12.1.3 (wetland and watercourse setbacks), 17.4a (increasing the nonconformity of a nonconforming structure), to demolish and rebuild a dwelling. Mr. Steven Colville was present to represent his application. Nine certified mail notices were sent out on April 11, 2006 and six were returned. Mr. White read the explanation of request for variance. Mr. Colville went on to add that the existing structure is 1 1/2 stories and he would like to make it a two story structure. Referencing the site analysis plan Mr. Colville noted that he is giving up a deck on the south side of the existing structure, steps on the west/front side and a retaining wall to the north side. The proposed structure will be with in the existing footprint and will be built within the height regulations. Mr. Colville proposes a drive under garage as he feels there is no place on the property to locate a garage. He presented a poster board with photos of the existing structure as well as other houses in the area and stated that the existing structure has been vacant 20+ years. Mr. Colville is proposing a Greek Revival house which he intends to use as his personal residence. Lot coverage calculations from the site analysis plan show the lot coverage decreasing from 15.44% to 13.6%, a variance for lot coverage is not needed. Members questioned Mr. Colville about the existing footprint, it was determined that the "proposed house" notation on the map is an existing shed off the back of the existing house which he will be incorporating into the new structure. Mr. Colville explained about the proposed driveway, at present he has a right-of way on the neighboring property off of Scofield Hill Road and hopes to have his own driveway onto Wheaton Road. The proposed lot coverage calculations include the proposed change in the driveway so there is no lot coverage issue. He has been in contact with the town highway foreman about his proposal for the driveway. Carol Ward a resident of Scofield Hill Road spoke in favor of the application saying that she was in favor of anything that would assist the applicant to improve the property which is in need of a lot of work and attention. Richard Deanne asked Mr. Colville how big the parcel was and asked for clarification about the proposed driveway access. Mr. Colville stated the parcel is .45 acres and invited Mr. Deanne to come forward to look at the proposed driveway location on the survey. The applicant has obtained health sign off and will be applying to Wetlands for a permit. Mr. White asked for questions or comments from the public. Mr. Colville asked if he had to change the proposed driveway location would he need to come back to ZBA. Mr. White explained that ZBA was only concerned with lot coverage and as long as he doesn't change the lot coverage he was OK. Mr. Colville stated that he wants the new structure to appear as if it was always there. The proposed well was located on the property, at present there is not a well he has rights to the neighbors well. Pamela Osborne, secretary stated that she had spoken to Michael Brody a Wheaton Road resident who was in favor of the structure but was concerned with the proposed driveway. Mr. Colville spoke with Mr. Brody who he felt was upset with the removal of the stonewall fronting the property. A letter was submitted by Mrs. G. Henry of 98 Scofield Road.
MOTION: to close ZBA-0609 Request of Steven J. Colville, 14 Wheaton Road, for a variance from Zoning Regulations 11.6.1b (side yard setback), 12.1.1 & 12.1.3 (wetland and watercourse setbacks), 17.4a (increasing the nonconformity of a nonconforming structure), to demolish and rebuild a dwelling was made by Mr. Sedito, seconded by Mr. Snook by a 5-0 vote.
MEETING
Mr. Catlin felt the proposed is a tremendous improvement over what exists and has no issue with the application to rebuilt on the same spot. Mr. Snook agrees there is no change in the footprint. Ms. Leab stated that this is a definite case of the hardship being the land. Mr. Sedito has driven by the property it is a definite eyesore and is in agreement with what has been stated. Mr. White is in favor of this application, it is reworking what already exists, bringing life into an older structure.
MOTION: to approve ZBA-0609 Request of Steven J. Colville, 14 Wheaton Road, for a variance from Zoning Regulations 11.6.1b (side yard setback), 12.1.1 & 12.1.3 (wetland and watercourse setbacks), 17.4a (increasing the nonconformity of a nonconforming structure), to demolish and rebuild a dwelling, as per site analysis plan dated January 2006, revised 2/15/06, revised 4/7/06 by T. Michael Alex, by a 5-0 vote.
PUBLIC HEARING
Mr. White seated Katharine Leab, Bradford Sedito, Randolph Snook, himself and alternate Georgia Middlebrook.
ZBA-0610 Request of Richard Tompkins, 95 West Morris Road, for a variance from Zoning Regulations 11.6.1 (setbacks), 11.6.2 (set back from town boundary), 12.5.1 (accessory structure), to build a garage. Richard Tompkins was present to represent his application. Notices were hand delivered to all property owners within 200'. Mr. White read the applicant's explanation of request for the variance. Mr. Tompkins explained the placement of the proposed garage, which he stated would be approx. 8' underground and would be dug approx. 9' into the bank. The entire garage will be in Washington. Mr. Sedito asked about moving the garage to the back and further from the side property line. Mr. Catlin did a site visit and stated that the grade is very steep; you would have to do significant grading. Presently there is no garage on Mr. Tompkins property. Mr. Tompkins stated that he will keep the short drive and back straight out. Members made note of the town boundary which runs through Mr. Tompkins property. The garage will be 24' x 24'. Mr. White asked for questions or comments from the public. Mr. White confirmed that the proposed garage will be 1' from the Town boundary line and 6' from the south west property line. Both Mr. Tompkins and Mr. White initialed Exhibit A.
MOTION: to close ZBA-0610 Request of Richard Tompkins, 95 West Morris Road, for a variance from Zoning Regulations 11.6.1 (setbacks), 11.6.2 (set back from town boundary), 12.5.1 (accessory structure), to build a garage was made by Mr. Snook, seconded by Ms. Leab by a 5-0 vote.
MEETING
Mr. Snook understands the proposed garage placement and has no problem with it; its modest Mr. Tompkins is between a rock and hard place with the Town Boundary line. Ms. Leab agrees it's an unusual property, the request is reasonable and the hardship lies with the land. Mr. Sedito would prefer the proposed garage be behind the house but with Mr. Catlin's observations understands the hardship. Ms. Middlebrook felt there was limited buildable area; the proposed location has good access. Mr. White understands given the description, pictures and Mr. Catlin's observations.
MOTION: to approve ZBA-0610 Request of Richard Tompkins, 95 West Morris Road, for a variance from Zoning Regulations 11.6.1 (setbacks), 11.6.2 (set back from town boundary), 12.5.1 (accessory structure), to build a garage as per hand drawn map marked Exhibit A initialed by Mr. Tompkins and Mr. White by a 5-0 vote.
PUBLIC HEARING
Mr. White seated Katharine Leab, Bradford Sedito, Randolph Snook, himself and alternate Todd Catlin.
ZBA-0611 Request of Mark Snow, 75 West Mountain Road, petition for 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, 12.14.3 of the Zoning Regulations. Tammy Zinick of Permit Me Please was present to represent this application. Ms. Zinick stated that the generator is already installed at the residence which is located at the end of West Mt. Road off of Route 47; it is an 8 acres parcel. Ms. Zinick went on to say that the generator was placed in a site pleasing for the property owner and is enclosed with a 6' stockade fence. Members could not find a db rating in the information the property owner provided. Members were once again irked by this after the fact application and asked for the electrician's name. Ms. Zinick stated that Mr. Snow had the generator installed, but she didn't know the name of the electrician. Pamela Osborne, secretary had a phone conversation with Mr. Hauser who is OK with what is proposed. Mr. White informed Ms. Zinick that members need db and sound enclosure information.
MOTION: to continue ZBA-0611 Request of Mark Snow, 75 West Mountain Road, petition for 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, 12.14.3 of the Zoning Regulations was made by Mr. Catlin, seconded by Mr. Snook by a 5-0 vote.
Consideration of minutes from February 16, 2006 and March 16, 2006: Pamela Osborne noted that on the minutes from February 16th the meeting time should be changed from 5:00pm to 7:30pm.
MOTION: to accept the minutes of the February 16, 2006 Zoning Board of Appeals meeting as amended and to accept the minutes of the March 16, 2006 Zoning Board of Appeals meeting as submitted was made by Mr. Catlin, seconded by Mr. Snook by a 5-0 vote.
The April 20, 2006 meeting of the Zoning Board of Appeals was adjourned at 8:55pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
March 16, 2006
Present: Edmund White, Katharine Leab, Bradford Sedito, Randolph SnookAlternates: Todd Catlin, Georgia Middlebrook
Guests: Christopher Yelding, Susan Schoon, Marion Kaufman, Susan Graham, Bob Powell, Curt Smith, Mary Joe Andrews, Alan & Cheryl Mello, Bob Lavoie, Andrew Rowan
The 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 Bradford Sedito, Randolph Snook, himself and alternates Todd Catlin and Georgia Middlebrook.
ZBA-0604 Continued Request of Christopher Yelding, 14 Hifield Drive, a petition for special exception, a request for generator and pool equipment 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. Christopher Yelding was present to represent his application. Mr. White read a letter dated March 6, 2006 from Susan and Craig Schoon in objection to the proposed placement of the pool equipment and the generator. Members were able to do a site visit and reoriented themselves with the parcel, neighboring properties and the terrain with the map on file. Mr. White asked Mr. Yelding if he had given thought to moving the generator further from the Schoon property line. Mr. Snook also suggested moving the equipment to the opposite side of the pool (south). Mr. Yelding felt that the proposed location was better because of access from the driveway and the existing gas tank and lines. Mr. Snook voiced concern with placing the generator 44' from the property line, the specs provided indicate the db level to be 65db at 7 meters, which would create a 60db level at the property line if the generator was placed 44' from the property line. Mr. Yelding stated that he will screen the equipment with sound deadening material on three sides. Mr. Yelding went on to say that the present location of the generator faces the exhaust toward the Schoon property and that moving it to the proposed location, pointing the exhaust away from the Schoon property and installing a barrier will address their noise concerns. He feels the new location is better. Mr. White explained that when the ZBA has a Special Exception application for a generator and has negative response from a neighbor, the board listens to those concerns. Mr. White addressed Susan Schoon who was present and asked her if she was more opposed to the proposal for the generator or the pool equipment. Mrs. Schoon answered that the noise magnifies up the ridge toward her property, she's also concerned with the view shed, they own a double lot and could conceivably sell off the other lot; she is more concerned with the generator. Mr. Yelding felt he was addressing these concerns with the proposed enclosure. Marion Kaufman the neighbor to the south of Mr. Yelding property addressed the commission saying that in 12 years she has had no complaints against Mr. Yelding, they use their deck all summer and it is quiet. It was noted that the pool is not yet installed. Mr. Snook was uncomfortable with the placement of the generator. There was brief discussion on the difference in noise between the pool equipment and the generator. Mr. Yelding withdrew his request to move the generator to the proposed location; it will remain at the present location by the garage. Discussion continued on the pool equipment. The pool equipment could be placed 50' from the pool without any enclosure. Mr. White asked about a compromise location 60' from the property line, Ms. Schoon was agreeable. Mr. Sedito suggested burying the pool equipment in the retaining wall proposed by the pool. Mr. Yelding felt that at 60' the pool equipment would be in the middle of the field and not at the tree line. Mr. White stated that 60' from the property line with a 6' 3 sided solid fence was the compromise, the other option would be to withdraw. Mr. Yelding agreed with the compromise in locating the pool equipment. Mr. White and Mr. Yelding noted and initialed the changes on the map on file. Mr. White asked for further questions or comments from the public.
MOTION: to close ZBA-0604 Request of Christopher Yelding, 14 Hifield Drive, a petition for special exception, a request for pool equipment 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 Mr. Sedito, by a 5-0 vote.
MEETING
Mr. Catlin is fine with the request for the proposed pool equipment location as long as the generator is not relocated. Mr. Snook agrees. Ms. Middlebrook felt this was a good compromise. Mr. White and Mr. Sedito agree.
MOTION: to approve ZBA-0604 Request of Christopher Yelding, 14 Hifield Drive, a petition for special exception, a request for pool equipment 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 November 1995 by T. Michael Alex, as amended and initialed by Mr. Yelding and Mr. White placing the pool equipment 60' from the property line enclosed on three sides by a solid 6' fence, by a 5-0 vote.
At 8:05pm Georgia Middlebrook excused herself and left the ZBA meeting.
PUBLIC HEARING
Mr. White seated Katharine Leab, Bradford Sedito, Randolph Snook, himself and alternate Todd Catlin.
ZBA-0606 Request of The Gunnery, 99 Green Hill Road, for a variance from Zoning Regulations 11.5.1.c (lot coverage), to replace existing dormitory. Susan Graham, Bob Powell, Curt Smith and Mary Joe Andrews were present to represent this application. Susan Graham, Head of School at the Gunnery gave a brief history of the Gunnery and explained that the existing Bache House was built as temporary housing in the 1960's. Ms. Graham went on to state that the Bache House is out of sync historically, an energy sieve, inefficient and a safety concern. Through a very generous donation they are proposing to replace the Bache House with the Teddy House which is in architectural harmony with the neighborhood but will add 1/2 % lot coverage. The Gunnery has given two informational meeting for residents in the neighborhood and Ms. Graham submitted two letters of support from Virginia Vegas Reynolds and the other from Stephen Brighenti (which the ZBA received also). Bob Powell architect spoke next. Mr. Powell stated that the existing Bache House has 16 dorm rooms with 2 faculty apartments and the proposed Teddy House will have 22 rooms with 4 faculty apartment (2 one bedroom and 2 two bedroom). The Teddy House is being built in Erich Rossiter style. Mr. Powell presented floor plans and road view from Kirby Road (both existing and proposed) and noted that the existing porch is closer to Kirby Road than what is proposed. They are rotating the building; it will be 8' taller and will remain 3 stories. Mr. Snook asked if they would also be rebuilding the other two dormitories. The Gunnery has no immediate plans to do so. Mr. White confirmed that the Teddy House was conforming to the height regulations. Curt Smith, engineer submitted documentation showing existing lot coverage for Bache House at 5868sf and proposed lot coverage for the Teddy House at 9816sf, this includes building, walks, drive and deck. Mr. Smith went on to state that at present there is no safe access to Bache House, the plan for the proposed Teddy House has incorporated walkways and stairs that are paved and blocked, there are also 4 paved parking spaces. The acreage for the Main Campus is 21.7 acres. They are asking for a lot coverage increase of .5% (existing 24.1% - proposed 24.6%). Mr. Smith noted that they did consider the use of grass pavers for the walkways but that wouldn't work with the slope, it would be dangerous and unsafe. Mr. White asked about whether this would increase the size of the school. Ms. Graham answered that the school is at maximum capacity (292 students) what they are trying to do is a shift to boarding population, they are adding an additional 6 boarding students, cutting back 6 day students. Bob Powell added that the room size has increased (students and their stuff take up more room); they have code requirements, have added study hall rooms, and have larger faculty apartments. Ms. Graham stated that they want to maintain the history of a boarding school. Mary Joe Andrews spoke to members next addressing hardship first by stating that the Gunnery is different from surrounding properties and if they had to maintain the 10% lot coverage maximum the school would be frozen, this project is not for growth, it's an update. Ms. Andrews went on to state that the Gunnery is a special permitted use and there is nothing out of harmony with the general purpose or intent of the Zoning Regulations. Lastly Ms. Andrews stated that as far as public health and safety the proposed will decrease traffic and will have a positive effect on the neighborhood and town. Mr. White asked further questions or comments from the public.
MOTION: to close ZBA-0606 Request of The Gunnery, 99 Green Hill Road, for a variance from Zoning Regulations 11.5.1.c (lot coverage), to replace existing dormitory was made by Mr. Sedito, seconded by Ms. Leab, by a 5-0 vote.
MEETING
Ms. Leab felt this is a reasonable request, she understands the need for the Gunnery to be completive with other schools, and the safety concerns were well addressed. Mr. Catlin is in favor of the proposed, the school needs the ability to evolve and keep up with code and educational needs. Mr. Snook feels the proposed style is a great improvement; it was a very thorough presentation. Mr. Sedito understands the need for increase in footprint, they are addressing safety issues, the building will have handicapped access and it will be a vast improvement. Mr. White stated that this is a tight situation, it will look larger, you need to allow this historic institution to grow and live, we need to work together, but he doesn't want to see the enrollment numbers creeping up.
MOTION: to approve ZBA-0606Request of The Gunnery, 99 Green Hill Road, for a variance from Zoning Regulations 11.5.1.c (lot coverage), to replace existing dormitory as per The Teddy House Site Plan on file dated 2-10-06 by Smith & Company, by a 5-0 vote.
PUBLIC HEARING
Mr. White seated Katharine Leab, Bradford Sedito, Randolph Snook, himself and alternate Todd Catlin.
ZBA-0607 Request of Alan & Cheryl Mello, 183 Woodbury Road, a petition for a special exception for expansion of nonconforming dwelling. Alan and Cheryl Mello were present to represent their application. Three certified mail notices were sent, two cards were returned. The third card addressed to Nancy P. Costello was not returned, but Pamela Osborne, Secretary spoke to Ms. Costello explained the request and Ms. Costello had no objection. Mr. Mello began by explaining that the house was built in 1910, it has 3 bedroom 2 baths. Mr. Mello went on to say that they are proposing to remove an addition at ground level under the front porch, but leaving the porch without the existing stairs (they will only enter the porch from inside the house). They are removing an entrance on the south side and adding an entrance and porch on the north side so they can enter from the driveway and garage area. Mr. Mello is also proposing a cantilevered bump out on the rear (west) side of the house to add 2' to the bathrooms so they can be of reasonable size. The proposed entrance will be only a landing and step down. They are only renovating not demolishing. Lot coverage calculations were submitted there are no lot coverage issues. Mr. Mello stated they have wetlands approval. Mr. White asked for further questions or comments from the public.
MOTION: to close ZBA-0607 Request of Alan & Cheryl Mello, 183 Woodbury 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. Catlin felt this was a modest addition and an improvement to the property, a classic example for a Special Exception. Mr. Sedito agreed, this application is why the Special Exception was written. Mr. Snook, Ms. Leab and Mr. White all agreed and had nothing to add.
MOTION: to approve ZBA-0607 Request of Alan & Cheryl Mello, 183 Woodbury Road, a petition for a special exception for expansion of nonconforming dwelling as per Zoning Location Survey on file dated December 8,2005 by Linwood R. Gee, by a 5-0 vote.
PUBLIC HEARING
Mr. White seated Katharine Leab, Bradford Sedito, Randolph Snook, himself and alternate Todd Catlin.
ZBA-0608 Request of Sheryl Leach, 10 Main Street, for a variance from Zoning Regulations 11.6.1.a (front & side yard setback) and 17.4 (increasing the nonconformity of a nonconforming structure) to relocate building and add retaining wall. Bob Lavoie was present to represent this application. Mr. Lavoie began by stating that the owner Sheryl Leach proposes to have a retail business in the barn (produce for sale from local farmers), there was a need for roadside access and the existing barn is unusable they want to demolish it and rebuild it 10' back to help with the site line and parking. Mr. White read a letter dated March 13, 2006 from First Selectman Richard C. Sears addressing the activity in the Town's right-of-way. The three issues to be addressed were traffic safety, drainage problems and legal issues of work in the Town's right-of-way. Andrew Rowan, a neighboring property owner came forward to address the members. Mr. Rowan is in support of the general idea but expressed concerns for the "beehive" of activity in this area. Mr. White read a letter dated March 12, 2006 from Gary and Linda Snell, neighboring property owners, expressing their concerns and opposition to the proposed change. Mr. Catlin asked about lot coverage calculations, this is a tiny lot. No lot coverage calculations were available. Mr. Lavoie explained that they were moving the building back 10' to help with the site line and parking needs, they are doing preliminary work. Mr. White asked where the trucks would park for off loading, this is a tight area, and you have to consider town/state right-of-ways. Mr. Catlin expressed his concern with the sketch site plan and would like to see a more defined proposal. Mr. Leab added that loading and unloading is a big issue. Mr. Rowan noted that the barn is an historical structure, to which Mr. Sedito and Ms. Leab stated they were demolishing and building a new structure. Mr. White stated that there were too many open ended issues and advised Mr. Lavoie that he had the option of withdrawing the application. Ms. Lavoie stated that he had only received the selectman's letter today and he withdrew the application.
Consideration of Minutes of February 16, 2006: tabled till April 20th meeting.
Other Business/Discretion of the Chair: Mr. White read a memo received March 9, 2006 from Janet Hill, Land Use Coordinator, stating that the Zoning Commission decided not to pursue the revision of Zoning Regulation 12.15.5 / Generator, Air Conditioners, and other Noise Generating Equipment.
The March 16, 2006 meeting of the Zoning Board of Appeals adjourned at 10:20pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
February 16, 2006
Present: Edmund White, Bradford Sedito, Randolph Snook, Polly RobertsAlternates: Todd Catlin, Georgia Middlebrook
Guests: Reese Owens, Christopher Yelding, John Bolus, Mr. & Mrs. Schoon, James Ross, Erich Diller, Mr. & Mrs. Greenfield
Chairman Edmund White called the meeting to order at 5:00pm and read the legal notice for tonight's meeting.
PUBLIC HEARING CONTINUED
Mr. White seated Bradford Sedito, Randolph Snook, Polly Roberts, himself and alternate Todd Catlin.
ZBA-0602 Request of Spring Hill Farms LLC, 79 Whittlesey Road, for a variance from Zoning Regulation 12.1 (wetlands and watercourse setbacks), to relocate and enlarge an existing dwelling. Reese Owens of Halper Owens Architects was present to represent this application. ZBA members had a chance to do a site visit. Mr. Owens began by restating that the existing structure is 19' from the wetlands and the proposed structure will be 37'6" from the wetlands (on the pond side) and on the back side the proposed structure will be 26'8" from the wetlands, with the construction of a retaining wall and creation of a swale. Mr. Owens went on to state that the Inland Wetlands Commission was scheduling a public hearing on their application and asked that ZBA members focus on the Zoning aspect of the application. It was confirmed that Robert Seymour received certified mail notice and the Holly Hill Farm certified mail notice was returned. Mr. White asked why not rebuild in the same spot? Mr. Owens answered that the applicants wanted a porch; he believes they are doing the right thing by bringing the building back from the pond. The wetlands on the back side of the building are up hill, tilled fields, which Mr. Owens feels are less critical than the pond. Mr. Snook asked for clarification on the buildable area. Mr. Owens explained the restrictions on the property and the buildable area with the aerial site photo. Mr. White asked for further questions or comments from the public.
MOTION: to close ZBA-0602 Request of Spring Hill Farms LLC, 79 Whittlesey Road, for a variance from Zoning Regulation 12.1 (wetlands and watercourse setbacks), to relocate and enlarge an existing dwelling was made by Mr. Sedito, seconded by Ms. Roberts by a 5-0 vote.
MEETING
Mr. Catlin visited the site and feels that the proposed is a modest difference and improvement. Mr. Snook felt that this application is one that ZBA should be able to allow, there were no neighbors rejecting the application and he feels it is an improvement as far as wetlands. Mr. Sedito agreed from a Zoning standpoint he has no problem with the proposed application. Mr. White felt it was logical to move the building back from the pond, it makes sense.
MOTION: to approve ZBA-0602 Request of Spring Hill Farms LLC, 79 Whittlesey Road, for a variance from Zoning Regulation 12.1 (wetlands and watercourse setbacks), to relocate and enlarge an existing dwelling as per partial site plan for Ingrassia Pond House, by Halper Owens Architects LLC dated 2/16/06, received for record 2-16-2006 and initialed by Reese Owens and Edmund White 2/16/06 by a 5-0 vote.
PUBLIC HEARING
Mr. White seated Bradford Sedito, Randolph Snook, Polly Roberts, himself and alternate Georgia Middlebrook.
ZBA-0604 Request of Christopher Yelding, 14 Hifield Drive, a petition for special exception, a request for generator and pool equipment 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. Christopher Yelding and John Bolus were present to represent this application. Mr. Yelding is installing a new pool and would like to place the equipment pad 80' from the pool and 44' from the property line. He has an existing generator near his garage and would like to move it to the equipment pad also. The generator is a 12kw, non insulated. Mr. Yelding stated that moving the generator to the new location would get it further from neighbors. Mr. Yelding explained that there are trees that will shield noise and the topography is steep down hill. Mr. and Ms. Schoon neighbors to the north of Mr. Yelding property came forward and were concerned about noise. The Schoon's have a generator which is located next to their house and they are afraid if Mr. Yelding moves the generator nearer to the property line it will be noisier. Mr. Yelding stated that moving the generator to the new location will move it further from their house. Mr. Snook asked about moving the equipment more central on the property, to the other side of the pool. Mr. Snook also could not find any db rating on the information submitted for the generator. Mr. Yelding noted that woodland bordered both of the neighboring property lines. The Schoon's felt that moving the generator to the proposed location would make it more visible and restated their concern for the noise of the generator and pool equipment. Mr. White also asked about moving the equipment to the opposite side of the pool. Mr. Bolus felt there would be problems with servicing the equipment and running the propane line through the septic area. Mr. White and Mr. Sedito didn't agree with these problems. Mr. White stated that the goal and reasoning is to reduce the noise level for neighboring properties. Mr. Yelding wants to accommodate his neighbors concerns by shielding with shrubs or enclosing the equipment, he wants to be a good neighbor. Mr. Snook once again noted that db information is missing from the file. Ms. Roberts stated that the new location may have a clearer path by sight and sound to the neighbors. She went on to state that the proposed distance from the pool to the equipment is 80' and from the property line to the equipment is 44', the applicant should bear the burden of any increased noise. Mr. White stated that members needed a db rating on the generator and suggested Mr. Yelding speak with his neighbors. Mr. Sedito agreed, moving the equipment closer to the property line will have more of an impact on the neighbors. Mr. White felt that after hearing the explanation he wants to do a site visit.
MOTION: to continue ZBA-0604 Request of Christopher Yelding, 14 Hifield Drive, a petition for special exception, a request for generator and pool equipment 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 Bradford Sedito, Randolph Snook, Polly Roberts, himself and alternate Todd Catlin.
ZBA-0605 Request of James Greenfield, 12 Ives Road, for a variance from Zoning Regulations 12.1.1 (wetland setback), 11.7.4 (height of accessory structure) and 17.4.a (increasing the nonconformity of a nonconforming structure) to enlarge existing barn. Mr. & Mrs. Greenfield, Erich Diller and James Ross were present to represent this application. Mr. Ross began by stating that the applicant proposes to demolish the existing barn/garage and rebuild a garage/apartment. Mr. Diller read his letter into the record. Mr. Ross noted that the Zoning issues are the height of the accessory structure, wetlands setbacks and increasing the nonconformity of a nonconforming structure. He went on to say that they propose to keep the rear corner and will not decrease footage to the wetlands. The parcel is 2.9 acres. The existing structure is 150 years old; they expect to salvage beams and are adding a new foundation. At present the garage is not safe to use and Mr. Greenfield is looking toward a caretaker to assist him on the property. Ms. Roberts asked if the added height is because of the new basement. Mr. Diller stated that the basement doesn't' effect the height and went on to say the first floor is 2' higher and the second floor has a half bath requiring more head room, the increase in footprint is approx. 200 sq. ft.. Mr. White noted that ZBA has been tough on detached structures and they are concerned with the height appearance. The applicants have Wetlands, Health and Historic approval. The proposed roof pitch of the garage/apartment is 10', existing is 9'. Members were concerned with the increased height, dropping the pitch to 9' for the proposed garage/apartment would put the height at 28'3" to the ridge 3' above average grade or 25'3" to the ridge from existing grade. Mr. Diller noted that the existing structure is tall and narrow. Mr. Catlin added that you can not see the structure from Baldwin Hill, but from Calhoun it is tall. Letters of support were on file from neighbors the Klemms, Smiths and Canning. There was continued discussion on the height and roof pitch. It was agreed that the proposed structure would be build at the existing pitch of 9' which would be 28'3" to the ridge at 3' above average grade. Mr. White asked for further questions or comments. Mr. Diller made corrections on the floor plans and the changes were initialed by Mr. Diller and Mr. White. Mr. Diller stated that he will submit revised drawings for the file. Members also told the applicant to check back with the Historical Commission.
MOTION: to close ZBA-0605 Request of James Greenfield, 12 Ives Road, for a variance from Zoning Regulations 12.1.1 (wetland setback), 11.7.4 (height of accessory structure) and 17.4.a (increasing the nonconformity of a nonconforming structure) to enlarge existing barn was made by Mr. Sedito, seconded by Mr. Snook, by a 5-0 vote.
MEETING
Mr. Catlin understands the practical aspect of the proposal. He is comfortable approving the proposal with the record stating that the height agreed upon 28'3". Mr. Snook is in favor of the application, he liked what was originally submitted, if the changes make the other members more comfortable he's in agreement. Mr. Sedito has nothing to add. Ms. Roberts understands why the height is over, her concern was to get closer with what would be in compliance, she ended by stating the agreed upon proposal has no further impact on the wetlands. Mr. White is conflicted, he feels there is not really a hardship, it is an historical structure and he is concerned with going over the 26' vertical height limit for accessory structures.
MOTION: to approve ZBA-0605 Request of James Greenfield, 12 Ives Road, for a variance from Zoning Regulations 12.1.1 (wetland setback), 11.7.4 (height of accessory structure) and 17.4.a (increasing the nonconformity of a nonconforming structure) to enlarge existing barn as per plans submitted for Carriage Barn, by EJ Diller Design LLC dated 12-28-05 modified by hand and initialed by Erich Diller and Edmund White 2-16-06 by a 4-0 vote.
Bradford Sedito, Randolph Snook, Polly Roberts and Todd Catlin voted to approve
Edmund White voted to deny.
Consideration of Minutes of the January 19, 2006: Mr. Catlin asked that on page 2, line 3, Mr. be replaced with Ms.
MOTION: to accept the minutes of the January 19, 2006 meeting of the Washington Zoning Board of Appeals as amended was made by Polly Roberts, seconded by Randolph Snook by a 5-0 vote.
MOTION: Randolph Snook made the motion requesting the Zoning Board consider the following addition to Section 12.14.5:
Italicized: existing
Bold: addition
12.14.5 By Special Exception application to the Zoning Board of Appeals, a request may be made for generators, air conditioners, pool filters, and other noise generating equipment to be situated under certain circumstances farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3. In order to be granted such a Special Exception, an applicant must demonstrate to the satisfaction of the Zoning Board of Appeals that placing the noise generating equipment in the proposed location would have the same or less noise impact on neighboring properties than would placing it in accordance with Sections 12.14.1, 12.14.2, and 12.14.3.
Ms. Roberts seconded the motion and it passed by a 5-0 vote.
The February 16, 2006 meeting of the Zoning Board of Appeals adjourned at 9:27pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
January 19, 2006
Present: Edmund White, Katharine Leab, Bradford Sedito, Randolph Snook, Polly RobertsAlternates: Todd Catlin
Guests: Mark Picton, Reese Owens, Leah Pullaro
Edmund White, Chairman 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-0601 Request of Andrew & Cathy Carron, 58 Gunn Hill Road, a petition for 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. Mark Picton of Picton Brothers was present to represent this application. Mr. Picton explained that the applicants want to place the generator to the north of an existing shed which would locate the generator in the center of the property. It is 50' from wetlands and he feels it will have no more and likely less impact on neighbors. Mr. Picton went on to state that the proposed location increases the distance of the proposed generator from the property lines and is at a lower elevation than it would be if it were placed within 25' of the house. Mr. Picton feels that there will be less noise reflected off of the shed than there would be off of the house. The proposed generator is a F183 with residential muffler and will be installed 55' from the nearest corner of the existing house. Members had some discussion regarding the sound data sheet submitted and the difference in the two charts as far as sound pressure levels and sound power levels, Mr. Picton stated that the unit produced 73.5dbs at 7 meters. Mr. Sedito asked Mr. Picton if the applicants would be willing to install the smaller F173 - Quite Site II second stage which had a 67.9db at 7 meters and if they would enclose the unit with stockade fencing. Mr. Picton stated that the applicants will do whatever it takes. The unit is a 20kw propane powered generator. Mr. Picton gave measurements from the property lines the closes being 204'. Mr. White asked for further comments and questions from the public. Members were in agreement to require the applicants install the smaller F173 - Quite Site II Second Stage and enclose the generator with a stockade/solid fence at least 6' tall.
MOTION: to close ZBA-0601 Request of Andrew & Cathy Carron, 58 Gunn Hill Road, a petition for 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 Ms. Leab, by a 5-0 vote.
MEETING
Ms. Leab is in favor of this special exception with the requirements that the applicant installs the smaller unit and encloses it with fencing. Mr. Snook agrees. Mr. Sedito felt the applicant is meeting the spirit of the regulations. Ms. Roberts and Mr. White had nothing to add.
MOTION: to approve ZBA-0601 Request of Andrew & Cathy Carron, 58 Gunn Hill Road, a petition for 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 Topographic Map dated November, 2005 revised 12/2005 by Richard J. Adams R.L.S. on file with the addition that the unit be the F173-Quiet Site II Second Stage unit described on the Cummings Power Generator sheet marked received 12/29/2005 and be enclosed with a stockade/solid 6' fence, by a 5-0 vote.
PUBLIC HEARING
Mr. White seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0602 Request of Spring Hill Farms LLC, 79 Whittlesey Road, for a variance from Zoning Regulation 12.1 (wetlands and watercourse setbacks), to relocate and enlarge an existing dwelling. Reese Owens of Halper Owens Architects was present to represent this application. Mr. Owens began by stating that certified mail notice had not been sent to Robert Seymour who owns property within 200' of Spring Hill Farm. Mr. Owens submitted letters from Roberts Seymour, Edwin S. Matthews and Kirsten J. Feldman stating they had no objection to the application. Mr. Owens explained that Spring Hill Farm is three parcels; this application is for the Third Parcel which is the largest of the three. Mr. Owens submitted an aerial photo of the third parcel and stated that the cottage is the principle dwelling on this parcel the only other buildings are barns. The survey submitted shows the conservation easement on this 210+ parcel, all non eased property is within wetlands setback. An application is pending in wetlands. Mr. Owens referred to the site plan explaining the existing structure is 19' from wetlands delineation and what they are proposing is approx. 37' from the wetlands. Mr. Owens noted that behind the existing structure they have discovered wetlands also; he described this as less critical wetlands that is a farm field which is tilled twice a year. Behind the existing structure there is a manmade drainage ditch, they are proposing a retaining wall and swale. Originally they were moving away from the pond area, but now are moving closer to other wetlands. The proposed septic conforms to regulations. Mr. Owens stated that the existing site coverage is 6940sf and the proposed site coverage is 6200sf. They will be adding 371sf excluding porches to the existing footprint. The existing building has a slate floor; the proposed structure will have a basement. Mr. Owens went on to say that 2/3 of the existing house will be gone, new structure will be added. Mr. Leab asked why they didn't go to Inland Wetlands first. Mr. Owens stated that they were doing it simultaneously with ZBA, he wants Inland Wetlands to look at the wetlands regulations and ZBA look at the hardship. Mr. Owens noted that the only regulations that need varying are the wetlands regulations; the project conforms in all other ways. Mr. Catlin asked about moving the proposed house back to the 50' wetlands setback on the pond side. All members agreed that they wanted to do a site visit; several members attempted but could not locate the site. Reese Owens explained the location and will contact the secretary on a time for the site visit. Mr. Owens will also send certified mail notice to Robert Seymour.
MOTION: to continue ZBA-0602 Request of Spring Hill Farms LLC, 79 Whittlesey Road, for a variance from Zoning Regulation 12.1 (wetlands and watercourse setbacks), to relocate and enlarge an existing dwelling was made by Mr. Sedito, seconded by Ms. Roberts by a 5-0 vote.
PUBLIC HEARING
Mr. White seated regular members Katharine Leab, Bradford Sedito, Randolph Snook, Polly Roberts and himself.
ZBA-0603 Request of Leah Pullaro, 23 Calhoun Street, for a variance from Zoning Regulations 12.1.1 (watercourse setback), 11.6.1 (front yard setback), 17.4.a (increasing th