The Town of Washington, Connecticut
Minutes: Zoning Board of Appeals, 2007
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www.WashingtonCT.org The Town of Washington, Connecticut Minutes: Zoning Board of Appeals, 2007 |
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Posted: December 27, 2007 December 20, 2007
Present: Bradford Sedito, Polly Roberts, Todd Catlin, Katharine Leab, Randolph SnookAlternate: Roderick Wyant, III
Guests: Tammy Zinick, Steven Colville, Tom Farmen, Dorota Habib, Kurt Smith, Stephanie Fenwick
The Chairman Bradford Sedito called the meeting to order at 7:30pm. ZBA-0725, request of Louise King has been withdrawn by the applicant.
PUBLIC HEARING CONTINUED
Mr. Sedito seated regular members Polly Roberts, Todd Catlin, Katharine Leab, Randolph Snook and himself.
ZBA-0721 Request of Steven Shapiro, 50 Turner Road, petition for special exception, a request for generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations to move a generator. Tammy Zinick of Permit Me Please was present to represent this application. Members were presented with a new location for the generator, which is near an existing pool. This proposed location is 100' from the house. Ms. Zinick read a letter dated 12/19/2007 from Dirk Sabin into the record. Mr. Snook asked about screening for the generator, the standard set by the Zoning Board of Appeals is 50db at the nearest property line; the proposed would have a 65db noise level at the nearest property line, according to Mr. Snook's calculations. Ms. Zinick reminded members that because Mr. Shapiro is handicapped a large generator is needed to run an elevator. Mr. Sedito asked if anyone had investigated insulating the generator in its existing location to cut down on the vibration. Ms. Zinick stated that the vibration occurs under the floor of the deck. Mr. Sedito reminded the applicant that members are charged with finding that the proposed location have less impact on neighboring properties. Mr. Snook stated that the nearest property line is 135' from the proposed location, the db rating would be 65db, and he would like to see a three sided solid fence around the generator. He went on to say that landscaping does little to decrease the noise level, but a three sided solid fence with the opening facing toward the pool would cut down the noise. The generator runs at 80db as it exists. Mr. Catlin questioned whether the proposed location would have less impact on neighboring properties, by his calculations the house is situated 250' from the nearest property line, and at the existing location the generator produces 60db at the property line. Mr. Snook felt that having the generator within 25' of the house causes reverberation noise off the house and locating it further will have less of an impact. He went on to say that with the fence installed the noise level is 10-20% less. Mr. Sedito asked for other questions or comments from the public.
Motion: to close ZBA-0721 Request of Steven Shapiro, 50 Turner Road, petition for special exception, a request for generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations to move a generator was made by Mr. Catlin, seconded by Ms. Roberts, by a 5-0 vote.
MEETING
Ms. Leab feels that with the stipulation of having a fence installed around the generator, she has no problem with the proposed. She does however have a problem with how the regulation is written. Mr. Catlin agrees with Ms. Leab's comment about the regulation, he is bothered by the proposed; no effort was made to make the generator work in its existing location. Ms. Roberts is in favor of this application and believes in Mr. Snook's calculations and information, the proposed is a better location than last month's proposal. She feels the fence will work to cut down on the noise levels. Mr. Snook agrees based on the discussions presented. Mr. Sedito is in favor of the proposed, he is sensitive to Mr. Catlin's concerns, but feels that where the generator exists is scary; the proposed is a better location. Mr. Sedito went on to say that with the fence installed on three sides with the opening facing the pool the noise level at the nearest property line should be about 50db.
Motion: to approve ZBA-0721 Request of Steven Shapiro, 50 Turner Road, petition for special exception, a request for generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations to move a generator as per revised location on site plan dated 12/20/2007 submitted by Dirk W. Sabin on file, with the stipulation that a three sided solid fence be installed with the opening facing the pool, by a vote of 4-1.
Bradford Sedito, Polly Roberts, Katharine Leab, Randolph Snook voted in favor.
Todd Catlin voted against.
PUBLIC HEARING
Mr. Sedito seated regular members Polly Roberts, Todd Catlin, Katharine Leab, Randolph Snook and himself.
ZBA-0726 Request of Steven J. Colville, 14 Wheaton Road, application for variance from Zoning Regulations 11.6.1 (setback), 12.1.1 (watercourse setback) and 17.4a (increasing nonconformity) for back porch with steps, front stonewall with steps and a/c units. Steven Colville was present to represent his application. Mr. Colville began by explaining that he is seeking an additional variance to allow for a back porch with stairs to be 8.6' x 8.3' to have access/egress to a slider, when grading was completed access was not at ground level. He went on to say that the building code stipulates a 3' landing, the 8.5' x 8.3' includes the stairs. Lot coverage would be at 14.5%, under the allowable 15%. Mr. Colville stated that he has received Inland Wetlands approval and went on to explain the proposed front yard stone wall with steps off of the driveway. Mr. Sedito asked if the Zoning Enforcement Officer (ZEO) had been on site, because the driveway appears to have changed from the original application. Steven has met with Mike Ajello, ZEO and explained that the proposed wall will come off the garage to meet the steps which will allow for access to the front of the house. The steps will be on the outside of the proposed wall. Certified mail notice was sent to five people, four cards had returned, (the card for Moriniere was not returned). Mr. Colville hand delivered to Thomas Reighard. Steven offered to downsize the proposed back porch; Mr. Sedito felt that to downsize the proposed would not leave much of a deck. Mr. Roberts asked for clarification on what the application was for and asked about the change in the driveway. Mr. Colville noted the relocation in the driveway turn and an addition of two a/c units on the south side of the house. Mr. Snook clarified that the application is for the addition of a back porch with steps, front wall with steps and the two a/c units, these are all setback issues. Ms. Roberts verified that the a/c units are already installed. Mr. Colville stated that he did not know he needed approval for the installation. Mr. Sedito asked for further questions or comments from the public. Tammy Zinick spoke in favor of the work that Mr. Colville has done saying that having grown up in the neighborhood he has removed a run down eye sore and should be commended for his work.
Motion: to close ZBA-0726 Request of Steven J. Colville, 14 Wheaton Road, application for variance from Zoning Regulations 11.6.1 (setback), 12.1.1 (watercourse setback) and 17.4a (increasing nonconformity) for back porch with steps, front stonewall with steps and a/c units was made by Mr. Snook, seconded by Ms. Leab, by a 5-0 vote.
MEETING
Mr. Snook felt that the proposed was a modest request and had no problem with this application; it's within the allowable 15% lot coverage. Ms. Roberts felt that this is a clear case of hardship, there is no other way to reach the house and she is in favor of squaring off the back of the house. Ms. Roberts is not happy that the a/c units already exist on the side of the house, placing them in the rear would have been a better location. Mr. Catlin would have liked to see these requests the first time around and felt that the house appears more vertical than he remembers from the original application. He understands the need to access the house safely and agrees with Ms. Roberts that a better location for the a/c units would be in the rear of the house. Ms. Leab is in favor of the proposed. Mr. Sedito understands the hardship with this parcel and the need for access and egress; he noted no objections from the neighbors.
Motion: to approve ZBA-0726 Request of Steven J. Colville, 14 Wheaton Road, application for variance from Zoning Regulations 11.6.1 (setback), 12.1.1 (watercourse setback) and 17.4a (increasing nonconformity) for back porch with steps, front stonewall with steps and a/c units, a per site analysis plan marked Exhibit "A" on file by a 5-0 vote.
PUBLIC HEARING
Mr. Sedito seated regular members Polly Roberts, Todd Catlin, Katharine Leab, Randolph Snook and himself.
ZBA-0727 Request of Rumsey Hall School, 184/201 Romford Road, application for variance from Zoning Regulations 11.5.1c (lot coverage) for a hockey rink and new dormitory. Thomas Farmen, Dorota Habib and Kurt Smith of Smith & Company Surveyors were present to represent this application. Mr. Farmen began by presenting a map showing the schools "Master Plan" done in 2000. He went on to say they are seeking approval for an increase in lot coverage overall (campus wide) to 8.9%, but because Romford Road divides the campus the "Hilltop" section (which is 39.6 acres) is allowed 10% coverage the existing coverage is 7.96% and the proposed would bring it up to 14%. At present they are proposing a hockey rink and dormitory with future plans for a second dormitory and faculty house. There was discussion on what this application is for and what was legal noticed. It was the consensus of the members that the application was legally noticed for just the hockey rink and one dormitory, the applicants will be coming back for the other proposals at a later date. Mr. Farmen explained that currently the school buses children to other schools for hockey practice and buses girls from a dormitory on Sunny Ridge Road which is over two miles away to the school daily. The proposed coverage for just the hockey rink and one dormitory is approximately 12% lot coverage. Mr. Catlin was concerned with the proposed having only one means of entrance/egress. Mr. Sedito asked if the fire department had looked at the proposal, Ms. Habib noted that they had done work on the driveway to this area and they have proposed a circular road for emergency access. Mr. Farmen went on to explain that the campus area on the opposite side of the road is limited because of river and road setbacks, what exists are grandfathered. He went on to say that their goal is to move the girl's dormitory to the main campus and keep the hockey players on campus. This proposal will not add to the student population. Mr. Sedito asked if only Rumsey hockey would use the proposed facilities. Mr. Farmen answered that there is a possibility of helping out the community and went on to state they looked closely for the long range plan and this proposal appeared to be the least obtrusive and safest. The proposed hockey rink has four locker rooms, 80 person capacity bleachers and the proposed dormitories are 3 / 4 bedrooms with a family house attached. The peak height of the hockey rink is 32'8" and is a metal roof. The driveway is proposed at 24' wide and there will be 25 parking spaces located at the rink. Mr. Snook noted that the 10% lot coverage for a residential zone does not address schools located in residential zones. Ms. Leab understands the need to upgrade and make additions to remain completive with other schools. It was noted that the proposed additions to the pump house be included with the application. Mr. Sedito asked for questions or comments from the public. Stephanie Fenwick an adjoining property owner addressed members with her concerns; she located her property for members on the map. Ms. Fenwick feels she is loosing the enjoyment, peace and quiet of her property because of increased noise levels attributed by the school. She also feels that the school disrespects the environment and neighbors making references to the installation of a generator, tree cutting and night lighting. In closing Ms. Fenwick requests the commission denies the variance. Mr. Sedito asked if Ms. Fenwick were opposed to any further development or the just the proposed location for the hockey rink and dormitory, he felt that the school could move the proposal closer to the existing performing arts center/big top and hilltop dormitory, which would bring it closer to Ms. Fenwick's property. Ms. Fenwick reiterated her concerns and past history with the school and submitted her letter for the file. Mr. Farmen stated that everything has been done within the Zoning Regulations. Kurt Smith stated that the proposed is 1500'+ from Ms. Fenwick's property. Mr. Snook suggested that the proposal could be moved closer to the other existing building to cut down on lot coverage from the driveway. The existing lot coverage on this parcel is 8%. Mr. Catlin felt that if the hockey rink proposal was eliminated the school could do a lot more building within the allowable coverage. Ms. Fenwick stated that she is seeking to void mistakes make in the past and went on to say that the school has been a work zone for the past 10-15 years and would like to see a moratorium on building so she could have a summer of peace and quiet. Mr. Sedito asked for additional comments or questions.
Motion: to close ZBA-0727 Request of Rumsey Hall School, 184/201 Romford Road, application for variance from Zoning Regulations 11.5.1c (lot coverage) for a hockey rink and new dormitory was made by Ms. Roberts, seconded by Mr. Catlin, by a 5-0 vote.
MEETING
Ms. Roberts feels the proposed is situated where it should be and understands the need for a new dormitory. The Town Plan of Conservation and Development values their schools and the increase proposed is modest. She went on to say that part of the hardship is separating the campus land because of the road, looking at the campus as a whole the density is appropriate. The Zoning Regulations don't take into consideration these schools in residential zones. She is in favor of the application. Mr. Catlin agrees that it is in the best location, it's the nature of a school to require change, updating and expansion. The distance between Ms. Fenwick's property and the proposed is significant; no other property owners have appeared to show opposition. Mr. Snook agrees adding that when the Zoning Regulations were written he's sure they did not take ice rinks into consideration. The addition of the hockey rink, dormitory and pump house would increase coverage to 12%; on that basis he would approve this application. Ms. Leab feels this is an extremely sensible plan; she has no problem with the proposed. Mr. Sedito stated that Rumsey Hall School predates the Zoning Regulations for lot coverage; there are other schools with worst lot coverage issues. Rumsey Hall School is well below lot coverage as a whole campus, relocating the dormitory and adding the hockey rink may cut down on traffic, it will not increase enrollment. Mr. Sedito went on to say he believes they could have moved the proposed closer to cut down on lot coverage, which would probably have been more damaging to neighboring properties. He recommended the school run the proposal by the fire department. Mr. Snook added that he hopes Rumsey Hall School will take into consideration concerns expressed by neighbors and Mr. Sedito agreed he hopes they will have conversation about the issues raised.
Motion: to approve ZBA-0727 Request of Rumsey Hall School, 184/201 Romford Road, application for variance from Zoning Regulations 11.5.1c (lot coverage) for a hockey rink, new dormitory, pump house and paving as per site plan for ZBA application proposed ice rink and dormitories by Smith & Company dated 10-22-2007 on file, by a 5-0 vote.
Motion: to approve the minutes of the November 15, 2007 meeting of the Washington Zoning Board of Appeals as submitted was made by Mr. Catlin, seconded by Ms. Roberts, by a 5-0 vote.
Other Business
Re: ZBA-0708, Lars Andersson 35 Gunn Hill Road, secretary Pamela Osborne received an email from Aimee Hoben at Murtha Cullina stating that they have received a motion to withdraw the action taken by Ms. Martin, this needs to be approved by the courts shortly and they will advise us accordingly.
Members were given a copy of meeting dates for 2008.
Members were given an invitation to a workshop being held in Warren on Wednesday January 9th, 2008 at 6:45pm about the role and responsibilities of the Zoning Board of Appeals.
Motion: to adjourn at 9:30pm was made by Ms. Roberts, seconded by Mr. Snook by a 5-0 vote.
Submitted subject to approval,
Pamela L. Osborne, Secretary
Posted: January 3, 2008 November 15, 2007
Present: Bradford Sedito, Polly Roberts, Todd Catlin, Katharine Leab, Randolph SnookAlternates: Peter Bowman, Georgia Middlebrook, Roderick Wyant III
Guests: Timothy Coakley, Tammy Zinick, Dorota Habib, Shauna Holiman, Joel Johnson, Brian Neff, Rick Matschke
Brad Sedito Chairman called the meeting to order at 7:35pm.
PUBLIC HEARING CONTINUED
Mr. Sedito seated Polly Roberts, Todd Catlin, Randolph Snook, himself and alternate Peter Bowman.
ZBA-0720 Request of Timothy M. Coakley, 2 Valley Road, application for variance to Zoning Regulations 11.6.1c (front setback), 17.4 (increasing nonconformity (and 12.1.2 (Shepaug River setback) to add a dormer and deck to existing house. Timothy Coakley was present to represent his application. Mr. Coakley has submitted drawings of his proposed additions as requested. Mr. Sedito recapped the variance requests and asked for public comment or questions. Ms. Roberts asked if the existing side porch would be connected to the proposed back porch. Mr. Coakley said it would not be connected.
Motion: to close ZBA-0720 Request of Timothy M. Coakley, 2 Valley Road, application for variance to Zoning Regulations 11.6.1c (front setback), 17.4 (increasing nonconformity (and 12.1.2 (Shepaug River setback) to add a dormer and deck to existing house was made by Mr. Catlin, seconded by Mr. Snook by a 5-0 vote.
MEETING
Mr. Snook is in favor of this request and feels it is reasonable. Ms. Roberts agrees he is not increasing the footprint for the house, but is adding a deck, a modest request. Mr. Catlin feels the hardship with the property is clear. Mr. Bowman agrees and Mr. Sedito added that it is a minor change.
Motion: to approve ZBA-0720 Request of Timothy M. Coakley, 2 Valley Road, application for variance to Zoning Regulations 11.6.1c (front setback), 17.4 (increasing nonconformity (and 12.1.2 (Shepaug River setback) to add a dormer and deck to existing house by a vote of 5-0.
PUBLIC HEARING
Mr. Sedito seated Polly Roberts, Todd Catlin, Katharine Leab, Randolph Snook and himself.
ZBA-0721 Request of Steven Shapiro, 50 Turner Road, petition for special exception, a request for generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations to move a generator. Tammy Zinick of Permit Me Please was present to represent this application. Ms. Zinick began by explaining that the generator exists 36" from the house, located under a deck, space between the generator and deck is 17". She went on to say that when the generator runs it vibrates within the house, the proposed location is down a slope in a grassy area which is heavily wooded. Ms. Zinick spoke and explained the project to Anne Fuchs. Three certified mail notices were sent out and two cards were returned. A note was received by Estelle Bronson in favor of the application. Ms. Zinick stated that the applicant was willing to plant seven 6' evergreens to shield the generator. She went on to state that it would not be visible from the road, had an exhaust silencer and would be 60' from the property line. Mr. Catlin asked Tammy to explain how the generator would be quieter in the proposed location than where it is now. Ms. Zinick felt that the location now was so close to the house that the sound amplifies. The unit is a 30kw. Mr. Snook has a problem with the proposed location being so close to the property line and the impact on neighbors, he stated that the evergreens will not cut down the noise. Mr. Sedito suggested the public hearing be continued so that a better location could be looked into. Mr. Bowman suggested insulating above and at the base of the existing generator. Ms. Zinick agreed to continue the public hearing and look into other alternatives.
Motion: to continue ZBA-0721 Request of Steven Shapiro, 50 Turner Road, petition for special exception, a request for generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations to move a generator was made by Ms. Leab, seconded by Mr. Snook by a vote of 5-0.
Public Hearing
Mr. Sedito seated Polly Roberts, Todd Catlin, Katharine Leab, Randolph Snook and himself.
ZBA-0722 Request of Rumsey Hall School, 184/201 Romford Road, petition for special exception, a request for generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations. Dorota Habib was present to represent this application. Brad Sedito informed members that he was an adjoining property owner and made sure everyone was comfortable with him being seated on this application, everyone was fine. Twelve certified mailings were sent out on October 30th, 10 had come back. Pamela Osborne explained that a certified mail notice to Stephanie Fenwick had not returned, Ms. Fenwick is the adjacent property owner whose complaint initiated an investigation of the generator, she heard the generator running during a power outage Ms. Habib apologized to the members for submitting an application after-the-fact. The generator was installed 99' away from the building. They chose the location because of the terrain and access to propane and electricity. The generator was installed in January of 2007. Ms. Habib submitted an email to the file from the Robb's attorney. The generator is a 100kw. Mr. Snook commented that the size of generators is getting larger and with the 25' regulation he feels this causes more noise. Dorota explained that the school wanted to provide a location able to house all the students in case of a power outage. Mr. Catlin stated that the existing site is the obvious site for the generator and asked about future plans for a hockey rink and dormitories, was another generator needed? Ms. Habib answered that the hockey rink and dormitories will be located further up the hill and no generator will be needed, just the ice rink equipment which does produce noise. Mr. Snook measured the noise level at 50db at the center of the river. Members felt comfortable with the installation of a 6' high stockade fence on three sides, with the opening facing west, around the existing generator to address the noise. Mr. Sedito asked for comments or questions from the public.
Motion: to close ZBA-0722 Request of Rumsey Hall School, 184/201 Romford Road, petition for special exception, a request for generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations was made by Mr. Catlin, seconded by Ms. Roberts by a 5-0 vote.
MEETING
Ms. Roberts scolded the applicant for the after-the-fact application, she understands the location, it makes sense with the fence she is comfortable with it. Mr. Catlin has mixed feels about this application. It makes sense where it is located, but he is upset about the continued after-the-fact applications that come in. Ms. Leab and Mr. Snook agree. Mr. Snook added that the closest property line is 400' with a db rating of 50 which is tolerable. Mr. Sedito also commented on the after-the-fact application and how Rumsey Hall School is usually very good with their applications. He feels that with the fence installed this location will have less of an impact on neighbors, it could be installed within the regulations and be 200' closer to neighbors.
Motion: to approve ZBA-0722 Request of Rumsey Hall School, 184/201 Romford Road, petition for special exception, a request for generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations per Site Plan - Big Top Generator on file by Smith & Company dated October 22, 2007, with the stipulation that a three-sided 6' high stockade fence, with the open end facing west be installed by a vote of 4-1.
Bradford Sedito, Polly Roberts, Katharine Leab, Randolph Snook voted in favor.
Todd Catlin voted against.
Public Hearing
Mr. Sedito seated Polly Roberts, Todd Catlin, Katharine Leab, Randolph Snook and himself.
ZBA-0723Request of Shauna Holiman and Robert Hackney, 125 West Shore Road, an application for a variance to Zoning Regulations 11.6 (setback), 12.1.1 (setback to wetlands and watercourse), 17.4 (increase the nonconformity) to rebuild a cabana and deck. Shauna Holiman, Joel Johnson and Brian Neff were present to represent this application. Ms. Holiman began by stating that she uses this structure as an art studio, it was renovated 20 years ago and is now tilting toward the lake. Mr. Neff explained that the piers are tilting toward the lake, they have moved and fractured, the project will be a tear down. The applicant received wetlands approval last night. Mr. Holiman stated that the beams are inadequate and with a flat roof there is leaking when snow builds up, they would like to change the pitch to match the house and add the cupola for charm. There is no change in footprint. Regulations allowed 26' in height, the proposed is 17' to the top of the cupola. Mr. Catlin asked about hardship. Ms. Holiman felt that with all the massive building with stone going on around the lake, perhaps she could set a better precedent. Mr. Catlin noted that there are other small access buildings with flat roofs around the lake, but he does understand the desire to make improvements when rebuilding. Mr. Johnson stated that the deck will be rebuilt as it exists, the present deck is unsafe notching has been done to accommodate the decking. Mr. Sedito asked for further comments or questions.
Motion: to close ZBA-0723Request of Shauna Holiman and Robert Hackney, 125 West Shore Road, an application for a variance to Zoning Regulations 11.6 (setback), 12.1.1 (setback to wetlands and watercourse), 17.4 (increase the nonconformity) to rebuild a cabana and deck was made by Mr. Snook, seconded by Mr. Catlin by a vote of 5-0.
MEETING
Mr. Snook is in favor of this application, an adjacent lake side cottage is much higher. He went on to say that the added light and windows would be advantages for a painter. The proposed enhances and improves what exists. Ms. Leab noted how hard the board has been on boathouses in the past. She understands the need of lighting for an artist, she can see a small element of hardship. Ms. Roberts does not take into consideration the artist view. The proposed is keeping within the existing footprint, while adding height, perhaps this will set a good example around the lake. Mr. Sedito is struggling to find hardship, you can rebuild the structure with the existing roof pitch.
Motion: to approve ZBA-0723 Request of Shauna Holiman and Robert Hackney, 125 West Shore Road, an application for a variance to Zoning Regulations 11.6 (setback), 12.1.1 (setback to wetlands and watercourse), 17.4 (increase the nonconformity) to rebuild a cabana and deck by a 4-1 vote.
Polly Roberts, Todd Catlin, Katharine Leab, Randolph Snook voted in favor.
Bradford Sedito voted against.
Public Hearing
Mr. Sedito seated Polly Roberts, Todd Catlin, Katharine Leab, Randolph Snook and himself.
ZBA-0724 Request of Holly Hill Farm LLC, 87 Whittlesey Road, petition for special exception, a request for generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations. Rick Matschke was present to represent this application. Mr. Matschke explained that they are rebuilding an existing barn and adding on a car port in which the generator will be located. It will be a 150kw generator and located 85' from the house. Mr. Matschke stated that the jacket does not have to be removed to place it inside the carport. Mr. Catlin is concerned with sound echoing into Hidden Valley from the site. Rick stated that it would be quieter than placed within 25' of the house. Peter Bowman suggested installing walls to enclose the generator on three sides. Mr. Snook agreed.
Motion: to close ZBA-0724 Request of Holly Hill Farm LLC, 87 Whittlesey Road, petition for special exception, a request for generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations was made by Ms. Roberts, seconded by Ms. Leab by a 5-0 vote.
MEETING
Ms. Leab felt there would be little impact, it is a sensible place. Mr. Catlin agreed the location is terrific, he is happy with the added walls. Ms. Roberts has no problem with this application. Mr. Snook agrees. Mr. Sedito feels that the proposed should have less of an impact than placing it within 25' of the house.
Motion: to approve ZBA-0724 Request of Holly Hill Farm LLC, 87 Whittlesey Road, petition for special exception, a request for generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations per Lower Floor Plan for Barn at Holly Hill Farm by Allen Greenberg, Architect dated 15 August 2007 on file with the stipulation that the generator be isolated by walls on three sides within the garage by a 5-0 vote.
Correspondence from Robert L Fisher, Jr., Esq. regarding ZBA-0708, Lars Anderson, 35 Gunn Hill Road. Members received copies of a letter dated October 30, 2007 requesting that the board revoke or rescind the Special Exception granted to Mr. Andersson on May 17, 2007.
Motion: to revoke ZBA-0708, Request of Lars Andersson, 35 Gunn Hill Road, request for a special exception for expansion of nonconforming dwelling as per plans on file, per request submitted by Robert L. Fisher, Jr., Esq. dated October 30, 2007 was made by Mr. Sedito, seconded by Ms. Roberts by a vote of 5-0.
Motion: to accept the minutes of the October 18, 2007 meeting of the Washington Zoning Board of Appeals as submitted was made by Mr. Snook, seconded by Ms. Roberts by a vote of 5-0.
Motion: to elect Bradford Sedito as Chairman of the Washington Zoning Board of Appeals was made by Ms. Roberts, seconded by Mr. Sedito by a 5-0 vote.
Motion: to elect Polly Roberts as Vice-Chairperson of the Washington Zoning Board of Appeals was made by Mr. Catlin, seconded by Mr. Sedito by a 5-0 vote.
Other Business/Discretion of the Chair
Pamela Osborne, secretary informed members that she received an email from Aimee Hoben, of Murtha Cullina saying that the trial date set for November 20th in the White/Jacobson matter was being continued at least 30 days because Ms. Jacobson has broken her leg.
Motion: to adjourn at 9:10pm. Was made by Mr. Sedito, seconded by Ms. Roberts by a 5-0 vote.
Submitted subject to approval,
Pamela L. Osborne, Secretary
Posted: October 26, 2007 October 18, 2007
Present: Bradford Sedito, Polly Roberts, Todd Catlin, Randolph SnookAlternates: Peter Bowman, Roderick Wyant III
Guests: Robert Fisher, Jr., Esq., Anne & Peter Haddad, Richard Kleinberg, Paul Frank, Timothy Coakley, Mark & Linda Conlon
Bradford Sedito, Chairman called the meeting to order at 7:30pm. It was noted that ZBA-0716, Request of David Connolly, 253 New Milford Turnpike was withdrawn and ZBA-0721, Request of Steven Shapiro, 50 Turner Road, requested to be moved to the November agenda.
There was no one present to represent the first agenda item ZBA-0715 Request of Winifred Walsh, 95 Roxbury Road, so it was decided to start with the second agenda item.
PUBLIC HEARING
Mr. Sedito seated regular members Polly Roberts, Todd Catlin, Randolph Snook, himself and alternate Roderick Wyant III.
ZBA-0719 Request of Peter & Barbara Wodtke, 155 West Shore Road, petition for special exception for expansion of nonconforming dwelling to add dormers to existing house. Robert Fisher, Jr., Esq., Anne and Peter Haddad were present to represent this application. The Haddads began by stating that they are potential buyers of the Wodtke cottage which they say was built in the 1890's, is approximately 850 sq.ft. and 1 1/2 stories. They want to move the two bedrooms to the second floor; they are not enlarging the footprint. Atty. Fisher submitted three letters in favor of the application from Rosemary Oberndorf, Michael & Marcella Schlegel and Mildred M. Pond. Another letter in favor of this application was already on file from Keith Angell. Mr. Haddad went on to state that they are adding a front and back dormer to the attic space, at present the attic space is vacant and has 7'6" headroom. They are proposing a 2'6" increase in vertical height and will maintain the 4" roof pitch. Mr. Snook asked about siding on the addition, Mr. Haddad answered that they will be using clapboard siding in keeping with the flavor of what exists. Seven certified mail notices were sent out to adjoining property owners and all cards were returned. A letter from Ann Quackenbos was submitted and read by Mr. Sedito, the letter was not in favor of the application. After reading the letter Mr. Sedito noted that there was incorrect information in the letter. Richard Kleinberg came forward; he presented a map showing the location of his properties and four smaller properties. Mr. Kleinberg went on to state that three of these smaller residences are nonconforming and within 15' of his property. In addressing the applicants house Mr. Kleinberg stated that it was 10' from the property line, has a stone foundation and is not of historical significance. He went on to say that zoning regulations are in place to protect residents and that from his house he looks down on the shingles of the applicant's house; with the proposed vertical increase he feels the visual impact will be huge. Mr. Sedito commented that the special exception was created as a way to support the continued use of a single family dwelling with reasonable modifications. Ms. Roberts added that this is a small dwellings, it's not how people live today. Mr. Kleinberg felt that perhaps it was not a house for a family; two people have had continued use of the house. He is concerned with the setbacks and feels it is a critical issue for his property. Members questioned his concern the increase is a vertical 2'. Mr. Kleinberg is concerned with the visual impact of the added glazing/windows, if the proposed was just a front dormer he would not see it. Mr. Kleinberg's house is 270+ feet from the applicant's house. Mr. Catlin felt that this is the nature of lake properties, you are going to have neighbors, lights etc. Mr. Kleinberg noted that at the time he bought his properties there was not a special exception, he agrees that the cluster of houses adds character to the lake community, but he is afraid others will enlarge their homes. Mr. Bowman stated that the applicant's house is small and would not be allowed by today's building standards. Mr. Catlin added that the board makes an effort to balance today with the future. Mr. Snook felt the proposed was reasonable and didn't understand the concerns. Mr. Sedito added that he felt this type of application was why zoning wrote the special exception. Paul Frank of 157 West Shore Road asked about the septic, Mrs. Haddad answered that the property had been reperced and meets all the health specs. In closing Atty. Fisher stated that this is a moderate expansion that fits within the special exception and he hopes the board will allow it.
Motion: to close ZBA-0719 Request of Peter & Barbara Wodtke, 155 West Shore Road, petition for special exception for expansion of nonconforming dwelling to add dormers to existing house was made by Mr. Catlin seconded by Mr. Wyant by a 5-0 vote.
MEETING
Mr. Snook is in favor of this application, there is no increase in footprint, the proposed is modest and he sees no injury to adjacent land owners. Mr. Wyant agrees he supports the proposed as a well thought out plan. Mr. Catlin agrees the proposed is modest, these small homes need updating. Ms. Roberts is sorry Mr. Kleinberg feels this proposal is detrimental to his property. She went on to say that the special exception is a way to allow owners to make improvements that is fair to all. Mr. Sedito is in favor of this application, it supports the continued use of a single family home, 850 sq. ft. is small. He went on to say that the proposal is reasonable in scope, location, appearance and extent; this is only a 2' vertical addition to a house.
Motion: to approve ZBA-0719 Request of Peter & Barbara Wodtke, 155 West Shore Road, petition for special exception for expansion of nonconforming dwelling to add dormers to existing house as per application and sketches on file by a vote of 5-0.
CONTINUED PUBLIC HEARING
Mr. Sedito seated regular members Polly Roberts, Randolph Snook, herself and alternates Peter Bowman and Roderick Wyant III.
ZBA-0715 Request of Winifred Walsh, 95 Roxbury Road, petition for special exception, a request for generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations. There was no one to represent this application. Ms. Roberts did a site visit to 95 Roxbury Road; she couldn't locate the proposed location for the garage. The file is incomplete; information is missing on the specific location for the proposed garage as well as generator noise information.
Motion: to close ZBA-0715 Request of Winifred Walsh, 95 Roxbury Road, petition for special exception, a request for generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations was made by Ms. Roberts seconded by Mr. Snook, by a 5-0 vote.
MEETING
All members were in agreement that there were unanswered questions, more information was needed and no one appeared to offer this information.
Motion: to deny ZBA-0715 Request of Winifred Walsh, 95 Roxbury Road, petition for special exception, a request for generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations by a vote of 5-0.
PUBLIC HEARING
Mr. Sedito seated regular members Polly Roberts, Todd Catlin, Randolph Snook, himself and alternate Peter Bowman.
ZBA-0720 Request of Timothy M. Coakley, 2 Valley Road, application for variance to Zoning Regulations 11.6.1c (front setback), 17.4 (increasing nonconformity (and 12.1.2 (Shepaug River setback) to add a dormer and deck to existing house. Timothy Coakley was present to represent his application. He began by stating that the house is 936 sq. ft. and is proposing a dormer off the back side to accommodate two bedrooms and a bath on the upper level. The front of the house will be unchanged and he doesn't expect to increase the roof line. The proposed deck will be 10' off the back of the house. The lot is 1.3 acres with existing coverage at 2.5% and proposed being 3.1%. This application could not fall under a special exception because of the setback to the river which is 195'. Mr. Coakley stated that the existing peak is 7' the dormer will run the length of the roof line. Members asked for sketches of the proposed dormer and were concerned with not having enough headroom. Mark and Linda Conlon adjacent property owners were present; they had no objections but would like to see some drawings of the proposed. Mr. Sedito asked the applicant to submit a second floor plan with elevations and roof slope.
Motion: to continue ZBA-0720 Request of Timothy M. Coakley, 2 Valley Road, application for variance to Zoning Regulations 11.6.1c (front setback), 17.4 (increasing nonconformity (and 12.1.2 (Shepaug River setback) to add a dormer and deck to existing house was made by Mr. Snook seconded by Ms. Roberts by a 5-0 vote.
Motion: to accept the minutes of the September 20, 2007 meeting of the Washington Zoning Board of Appeals as submitted was made by Mr. Catlin, seconded by Mr. Snook by a 5-0 vote.
Motion: to adjourn at 8:40pm was made by Ms. Roberts seconded by Mr. Snook by a 5-0 vote.
Submitted subject to approval,
Pamela L. Osborne, Secretary
Posted: October 19, 2007 September 20, 2007
Present: Bradford Sedito, Polly Roberts, Todd Catlin, Katharine Leab, Randolph SnookAlternates: Peter Bowman, Georgia Middlebrook, Roderick M. Wyant III
Guests: James Kelly Esq., Rosemary Oberndorf, Edgar Mason III, Robert Fisher, Jr. Esq., Richard Kleinberg, Harold Wellings, Timothy Egan, Marc Olivieri, Kathy Martin, Mary Acton, Charles Taylor
Chairman Bradford Sedito called the meeting to order at 7:30pm.
Public Hearing Continued
Mr. Sedito seated regular members Polly Roberts, Katharine Leab, Randolph Snook, himself and alternate Roderick Wyant III.
ZBA-0714 Request of Edgar D. Mason III, 151 West Shore Road, application for variance to Zoning Regulations 21.1.37 (definition lot coverage) and 11.5.1 (maximum lot coverage) for expansion of dwelling. Rosemary Oberndorf, James Kelly Esq., Edgar Mason III, and Robert Fisher, Jr., Esq. were present to represent this application. Atty. Kelly, who represents Ms. Oberndorf, submitted a letter and map to the file stating that total lot coverage for the paved portion of the driveway/right-of-way is 3.522 sq. ft. or 9.4% of the total lot coverage. Atty. Kelly showed photos depicting the existing structure, the driveway and the view to the lake. He went on to say that the four houses that share the driveway/right-of-way are preexisting nonconforming, under one acre lots that have no other access/driveway. Atty. Kelly feels that the regulation change in 2003 adding lot coverage created a hardship for this property. He went through the history of his application process which started in June of 2007 and feels that there is good reason to vary the lot coverage because of the private right-of-way. Atty. Kelly went on to say that the applicant wants to leave the structure at the top of the property which is 200+ feet from the lake and preserve the mature trees. He added that the other three lots do not have to figure the driveway coverage in their calculations. He stated that the net change in the dwelling is an increase of 4.3%. Ms. Leab explained that lot coverage is varied in a specific way and they cannot vary the definition of lot coverage, members were in agreement. Ms. Roberts understands the point of forgiving driveway lot coverage because it serves other homes. Mr. Snook agrees and feels the regulations should apportion the coverage for shared driveways. Atty. Kelly added that the zoning regulations don't address private/shared driveways. Robert Fisher, Jr., Esq. who was representing Edgar Mason III addressed members. Atty. Fisher began by reminding members of the adjoining property owners who were in favor of this application and read a letter from J.B. Young in favor of the application. He went on to read a letter from Tom McGowan pertaining to shared driveways and driveways as impervious surfaces relating to the impact of storm water runoff and the quality of water at Lake Waramaug. Members discussed among themselves the apportioning of the shared driveway coverage issue. Atty. Fisher noted that it is not the business of the Zoning Board of Appeals to rewrite the regulations but they do have the authority to vary them, he went on to say that when these lots were created they were conforming and changes to the regulations have created nonconforming lots. Ms. Leab asked the applicant is she had amended building plans as the commission had asked for. Atty. Kelly answered that they did not; it was not economical to pay for further architect services. Members went over the proposed plans which show proposed lot coverage of 4312 sq. ft. not including the driveway, there is a 1605 sq. ft. (4.3%) net change. Richard Kleinberg a neighbor within 200' stated that there were few houses larger than 4500 sq. ft. in the area; he feels the property is completely built out and is not in favor of the proposal. Mr. Kleinberg went on to say that if approved he feels this will set a president for small lots, he doesn't see the hardship and values the diversity of the neighborhood. Harold Wellings of 298 West Shore Road was concerned with a/c units and generators not included with the lot coverage calculations. Mr. Kleinberg asked about a wetlands review, Mr. Sedito answered that was out of ZBA's jurisdiction. Mr. Kleinberg is also concerned with the septic and tree removal.
Motion: to close ZBA-0714 Request of Edgar D. Mason III, 151 West Shore Road, application for variance to Zoning Regulations 21.1.37 (definition lot coverage) and 11.5.1 (maximum lot coverage) for expansion of dwelling was made by Mr. Snook, seconded by Mr. Wyant, by a vote of 5-0.
MEETING
Mr. Sedito began by saying that he is not in favor of varying a definition, members were in agreement. Members will look at this application as a unique situation in terms of coverage. Ms. Roberts is sympathetic to the hardship for a private driveway. Mr. Snook noted that there were no other land use issues; they are not relocating the house. Ms. Leab stated that the addition was large, though well thought out as not to disturb others. Mr. Snook stated that the elevation is within 2'-3' of the existing structure. Mr. Bowen felt the applicant's plan is as unobtrusive as possible, fits well within the area and is a well thought out plan. Mr. Sedito added that this is a unique situation. Ms. Roberts agrees the private drive issue is unique and a hardship.
Motion: to approve ZBA-0714 Request of Edgar D. Mason III, 151 West Shore Road, application for variance to Zoning Regulations 11.5.1 (maximum lot coverage) for expansion of dwelling per zoning location survey dated August 9, 2007, revised 9/20/07 and received 9/20/2007 prepared by Charles C. Farnsworth LLS, by a vote of 5-0.
Public Hearing Continued
Mr. Sedito seated regular members Polly Roberts, Katharine Leab, Randolph Snook, himself and alternate Peter Bowman.
ZBA-0717 Request of Franklin Berger, 386 Nettleton Hollow Road, petition for special exception a request for air conditioner equipment to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations. Tim Egan was present to represent this application. Mr. Egan submitted new a/c information which stated that the db level was 75. Mr. Egan stated that there is a stone retaining wall to the south of the units. Members requested that a 6' high stockade fence be placed on the north and west sides of the a/c units.
Motion: to close ZBA-0717 Request of Franklin Berger, 386 Nettleton Hollow Road, petition for special exception a request for air conditioner equipment to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations was made by Ms. Leab, seconded by Ms. Roberts, by a 5-0 vote.
MEETING
Mr. Snook questioned the sound data for the units but if it is correct the noise level at the nearest property line would be 65-70db, installing the fence would reduce it by 10db. Mr. Bowman, Ms. Leab and Ms. Roberts have nothing to add. Mr. Sedito felt that with the fence installed there would be less of an impact on the neighbors than locating the a/c units near the house with no barrier.
Motion: to approve ZBA-0717 Request of Franklin Berger, 386 Nettleton Hollow Road, petition for special exception a request for air conditioner equipment to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations as per improvement location survey dated 8/10/07 by Joseph W. Whynott LS, with the condition that a 6' high stockade fence be placed on the north and west sides of the a/c units, by a 5-0 vote.
Public Hearing Continued
Mr. Sedito seated regular members Polly Roberts, Katharine Leab, Randolph Snook, himself and alternate Georgia Middlebrook.
ZBA-0715 Request of Winifred Walsh, 95 Roxbury Road, petition for special exception, a request for generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations. Marc Olivieri was present to represent this application. Mr. Olivieri began by stating the garage in which the generator is to be located is not yet built. It will be a three car garage with a walk out lower level. The generator will be installed in the lower level and will not exceed a 60kw. The lower level will have concrete walls. The structure that the generator will serve sits up on a knoll; it was located on the map and is under renovation. Mr. Snook stated the need for specifics when locating the proposed generator, a site plan with exact garage location in relationship to an existing structure, specific measurements. Members had questions about louvers, intake and the possibility of needing to remove the sound enclosure when placing the generator inside and the added noise this would create. The nearest property line is approximately 200'. Mr. Olivieri agreed on continuing the application to gain a specific location for the proposed garage which will house the generator and information on louvers and db rating without the sound enclosure.
Motion: to continue ZBA-0715 Request of Winifred Walsh, 95 Roxbury Road, petition for special exception, a request for generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations was made by Ms. Roberts, seconded by Mr. Snook by a 5-0 vote.
Public Hearing
Mr. Sedito seated regular members Polly Roberts, Todd Catlin, Katharine Leab, Randolph Snook, himself.
ZBA-0716 Request of David Connolly, 253 New Milford Turnpike, application for variance to Zoning Regulations 16.5.1 (sign setback) and 16.5.4 (more than two signs), to install signage. Kathy Martin and Mary Acton were present to represent this application. Certified mail notice was sent out on August 7, 2007, all cards were returned except Rene J. and Tina M. Toussaint. Kathy Martin began by stating that the proposed sq. ft. of signage is 20.86 and what exists now is 22.1 sq. ft. the proposed new sign will measure 33' from the center of Route 202. The existing sign on a post is 3' from the property line and the proposed would be right on the property line. The proposed monument base measures 60'x 20'and the sign measures 60' x 28', it would be 18" deep. Mr. Snook suggested extending the island inward to allow more room. Ms. Roberts noted that the regulations only allow for two signs. Mr. Catlin suggested just replacing the existing post sign. The applicant agreed to a continuation to explore their options.
Motion: to continue ZBA-0716 Request of David Connolly, 253 New Milford Turnpike, application for variance to Zoning Regulations 16.5.1 (sign setback) and 16.5.4 (more than two signs), to install signage was made by Mr. Catlin, seconded by Mr. Snook, by a 5-0 vote.
PUBLIC HEARING
Mr. Sedito seated regular members Polly Roberts, Todd Catlin, Katharine Leab, Randolph Snook, himself.
ZBA-0718 Request of Rodman B. Funston, 294 West Shore Road, application for a variance to Zoning Regulations 11.5.1.a (lot coverage) to build a fireplace. Charles Taylor was present to represent this application. Seven certified mail notices were sent out on September 4, 2007 five cards have returned. Cards from Santoleri and Eaton/Carroll have not been returned. Mr. Taylor began by saying the applicant was willing to eliminate a walkway of 40 sq. ft. Mr. Catlin noted that he was having trouble finding any hardship issue the property was already way over on coverage. It was suggested that the footprint for the fireplace be moved inside or perhaps an interior stove be used to heat the sunroom.
Motion: to close ZBA-0718 Request of Rodman B. Funston, 294 West Shore Road, application for a variance to Zoning Regulations 11.5.1.a (lot coverage) to build a fireplace was made by Ms. Leab, seconded by Ms. Roberts, by a 5-0 vote.
MEETING
Mr. Catlin had a hard time finding a hardship, the coverage is already out of control. Ms. Roberts and Ms. Leab had nothing to add. Mr. Snook felt that with the pathway removed the coverage was not increasing. Mr. Catlin felt that swapping was not the answer. Mr. Sedito felt there were other alternatives, this is a secondary fireplace.
Motion: to deny ZBA-0718 Request of Rodman B. Funston, 294 West Shore Road, application for a variance to Zoning Regulations 11.5.1.a (lot coverage) to build a fireplace by a 5-0 vote.
Motion: to approve the minutes of the August 16, 2007 minutes of the Washington Zoning Board of Appeals as submitted was made by Ms. Roberts, seconded by Mr. Snook by a vote of 5-0.
Motion: to adjourn at 10:00pm was made by Ms. Roberts, seconded by Ms. Leab, by a vote of 5-0.
Submitted subject to approval,
Pamela L. Osborne, Secretary
Posted: August 24, 2007 August 16, 2007
Present: Bradford Sedito, Polly Roberts, Katharine Leab, Randolph SnookAlternates: Peter Bowman, Georgia Middlebrook, Roderick Wyant III
Guests: William Freer, Anthony Fitzgerald, Jeffrey Coploff, Esq., Rosemary Oberndorf, Daniel Lamb, Keith Angel, Mildred Pond, John Young, Richard Kleinberg, Tom McGowan, Lynn Baldwin, Kuldar & Sandra Visnapuu, Orville Aarons, Timothy Egan, public
The meeting was called to order at 7:30pm by Mr. Sedito, Chairman. It was noted for the records that Ms. Leab and Ms. Middlebrook have listened to the tape recording from the July 19, 2007 meeting of the Zoning Board of Appeals.
Public Hearing Continued
Mr. Sedito seated regular members Polly Roberts, Katharine Leab, Randolph Snook, himself and alternate Roderick Wyant III.
ZBA-0712 Request of William Freer, 246 Woodbury Road, application for variance to Zoning Regulation 13.11.3h (accessory apartment detached shared driveway use) to build a detached accessory apartment. Mr. Freer was present to represent his application. Mr. Freer presented a letter from James Palomba, which was read into the record by Ms. Roberts, the letter was in favor of Mr. Freer's application. Mr. Palomba is the person who shares the driveway with Mr. Freer to access his interior lot; his certified mail notice card was also returned. The last two certified mail notices sent by Mr. Freer to Douglas Stoughton and Joan Coenen were returned unclaimed. Mr. Sedito asked for questions or comments from members and the public. Mr. Snook asked about the quality of the map submitted with the application, it was not a signed A2 survey. Mr. Freer stated that it was a copy of what is filed in the Town Clerk's office and added that the driveway and garage are existing.
Motion: to close ZBA-0712 Request of William Freer, 246 Woodbury Road, application for variance to Zoning Regulation 13.11.3h (accessory apartment detached shared driveway use) to build a detached accessory apartment was made by Mr. Snook, seconded by Mr. Wyant by a 5-0.
Meeting
Ms. Roberts is in favor of this application, stating that the elevation between the house and driveway is steep, the driveway to the garage already exists and it makes no sense to add more driveway. Mr. Snook agrees to connect the two driveways makes no sense, nobody would use it. Mr. Wyant agrees and is in favor of the application. Ms. Leab added that it would be a hardship to comply with the regulation. Mr. Sedito also agrees there would be more disturbance if he connected the two existing driveways, ending by stating that this is an unusual case.
Motion: to approve ZBA-0712 Request of William Freer, 246 Woodbury Road, application for variance to Zoning Regulation 13.11.3h (accessory apartment detached shared driveway use) to build a detached accessory apartment as per map on file labeled Exhibit A by a 5-0 vote.
Public Hearing Continued
Mr. Sedito seated regular members Katharine Leab, Randolph Snook, himself and alternates Georgia Middlebrook and Roderick Wyant III. Ms. Roberts recused herself from this application, because she has had business dealings with the applicant.
ZBA-0711 Request of John & Arlene Glantz, 7 Senff Road, petition for special exception for expansion of nonconforming dwelling, to build dormer and front door porch roof covering "Portico". Anthony Fitzgerald was present to represent this application. Mr. Fitzgerald submitted a new A2 survey map and plans showing the elevation of the proposed dormer. The new A2 survey shows that the front porch which the applicant waned to cover with a "portico" is not on their property. Mr. Fitzgerald asked to withdraw the plan for the "portico" over the front porch and proceed with just the dormer addition. Dimensions for the proposed dormer appear on the plans and are an expansion to the second floor. Mr. Sedito asked for further questions or comments.
Motion: to close ZBA-0711 Request of John & Arlene Glantz, 7 Senff Road, petition for special exception for expansion of nonconforming dwelling, to build dormer and front door porch roof covering "Portico" was made by Mr. Wyant, seconded by Ms. Leab by a 5-0 vote.
MEETING
Mr. Wyant felt the applicant presented a good plan with good information; he is in favor of the proposed. Ms. Middlebrook agrees, the addition is nicely done and in keeping with the existing house. Ms. Leab added it's good to have the new survey. Mr. Snook felt this was a modest addition and has no problem with it. Mr. Sedito is also in favor of this application and feels it falls within the guidelines for a special exception.
Motion: to approve ZBA-0711 Request of John & Arlene Glantz, 7 Senff Road, petition for special exception for expansion of nonconforming dwelling, to build dormer as per plans submitted dated July 23, 2007, received August 16, 2007 by a 5-0 vote.
PUBLIC HEARING
Mr. Sedito seated regular members Polly Roberts, Katharine Leab, Randolph Snook, himself and alternate Peter Bowman.
ZBA-0713 Request of Edgar D. Mason III, 151 West Shore Road, petition for special exception for expansion of non conforming dwelling. Jeffrey Coploff Esq. and Rosemary Oberndorf were present to represent this application. Atty. Coploff began by saying the existing lot coverage is 15.7% which includes a shared driveway, which Atty. Coploff confirmed has a coverage of 8.5%. He went on to say that the proposed dwelling will be slightly larger than what is there; Mr. Snook disagreed, stating it looks twice the size. Ms. Oberndorf stated that the existing house is 1 1/2 stories (as is the proposed) and there is no foundation. Ms. Oberndorf went on to say that they will remove the existing structure and rebuild, the proposed being 7' wider and increasing the depth. She stated that she wants to keep the house in its existing location and not disturb the beautiful trees in the front yard. Ms. Roberts confirmed that three houses share the driveway. Mr. Sedito noted that the existing house is 1207 sq. ft. and the existing garage is 500 sq. ft. Ms. Leab questioned the special exception application for a dwelling which will be torn down. Mr. Sedito stated that a special exception allows for the continued use of an existing dwelling and you may build or expand to make it livable, adding that the lot coverage falls within the special exception. Daniel Lamb, architect presented plans. Mr. Sedito asked for comments from the public. Keith Angel spoke first saying he is in a similar situation, has been a lifelong resident of the lake and is in favor of this application, it beautifies the lake and is a well done proposal. Mildred Pond is an adjacent property owner who has no objection to the proposed and feels it is a nice change. John Young is also and adjacent property owner/real estate agent and felt it would add value to his home. Mr. Young went on to say that the proposal is attractive and fitting, he would be pleased to live next to the proposed. Richard Kleinberg is a property owner within 200' of the proposal and questioned Ms. Oberndorf on the number of bedrooms and the septic location. Ms. Oberndorf stated that the existing and proposed house both have two bedrooms, the new family room over the proposed two car attached garage will have a bedroom also. She went on to say that Brian Neff has engineered a septic in the front yard and she has had an arborist look at the trees because she does not want them to come down. Tom McGowan who was present to represent the Lake Waramaug Task Force and Lake Waramaug Association came forward and stated that the applicant is applying for a special exception and felt that the removal of the dwelling does not fall under the intent of the regulation. Lynn Baldwin from 298 West Shore Road came forward with a photo board showing the existing house as well as other houses around the lake. Ms. Baldwin explained how she felt construction has impacted the drive around the lake and small cottages have been torn down and larger structures built. Ms. Oberndorf interjected that is why she is preserving the trees and keeping the house set back where it is, she stated that she is sensitive to these issues. Mr. Young addressed members again by saying that Ms. Baldwin's photos don not relate to this application. Mr. McGowan added that the regulations state that the dwelling can be enlarged or modified, the wording is limited. Mr. Young added that the dwelling can't be enlarged because it is on a slab, it makes no sense, they want to have year around usage. Mr. Kleinberg added that the existing house was once a garage for another home and that the Mason's have used the dwelling year around. There were several comments back and forth from the public.
Motion: to close ZBA-0713 Request of Edgar D. Mason III, 151 West Shore Road, petition for special exception for expansion of non conforming dwelling was made by Ms. Roberts, seconded by Ms. Leab by a 5-0 vote.
MEETING
Mr. Sedito addressed members by saying they would have to decide if a tear down fell under a modification and if so was that modification reasonable in scope. Mr. Snook referenced a prior application for Rumsey Hall School. Mr. Sedito reminded members that every application is different. Ms. Leab felt that this application was not a special exception. Ms. Roberts stated that the proposed does not promote housing choice or economic diversity. Mr. Bowman felt that the proposed was in keeping with the same character as what exists. Mr. Snook added that without the special exception some people could not improve their homes. Ms. Leab felt this was not a modification to an old home; the key is that they are tearing down what exists. Mr. Bowman added that it was presented as an addition to a single family home, which it is not. Ms. Roberts felt that the intent of the special exception regulation was to allow older structures to be maintained and continue their use, this application was more appropriate as a variance application. Mr. Snook disagrees stating that because of the condition of the house it needs improvements; he feels the applicant has done a reasonably good job with the front elevations. Ms. Leab, Mr. Bowman and Mr. Sedito all feel this is not a special exception application.
Motion: to deny ZBA-0713 Request of Edgar D. Mason III, 151 West Shore Road, petition for special exception for expansion of non conforming dwelling by a vote of 4-1.
Mr. Sedito, Ms. Roberts, Ms. Leab and Mr. Bowman voted to deny.
Mr. Snook voted to approve.
PUBLIC HEARING
Mr. Sedito seated regular members Polly Roberts, Katharine Leab, Randolph Snook, himself and alternate Roderick Wyant III.
ZBA-0714Request of Edgar D. Mason III, 151 West Shore Road, application for variance to Zoning Regulations 21.1.37 (definition lot coverage) and 11.5.1 (maximum lot coverage) for expansion of dwelling. Jeffrey Coploff Esq. and Rosemary Oberndorf were present to represent this application. Mr. Sedito read a letter dated August 15, 2007 from James G. Kelly/Jeffrey L. Coploff into the record. Ms. Roberts read an email sent by Michael A. Zizka to Michael Ajello regarding lot coverage. Atty. Coploff disagreed with Atty. Zizka's opinion. Mr. Snook felt that the shared driveway creates a hardship for the owners and the shared portion should be apportioned. Mr. Sedito noted that they need the driveway to get to their house. Atty. Coploff stated that the house could be moved forward and the driveway shortened, Mr. Sedito confirmed that the driveway is used by the other property owners. Ms. Roberts felt that at issue is the heath of the lake and any dramatic increase in the reconfiguration of the area will have an impact on the lake. Mr. Sedito stated that the existing lot coverage is 15.7% and the proposed is 19.9%, an increase of about 5%, the board has historically been hard on Lake Waramaug applications. Mr. Snook feels that the circumstances of the shared driveway are a hardship for the applicant. Mr. Bowman asked the applicant about plans for ac or generator units which would add to the coverage. From the public Richard Kleinberg came forward submitting a postcard to the file which showed the shoreline of Lake Waramaug stating that being close to the lake is a critical issue, he felt the applicant should go before the Inland Wetland Commission first, because of the technical issues. Mr. Bowman stated that many houses are right on the road, the applicant's property has a large natural buffer for runoff, she is making an effort to maintain that buffer, she has broken down the volume of the proposed dwelling, he feels the applicant is making an effort to be sensitive to the site. Ms. Roberts calculated the proposed dwelling as 2800 sq. ft. and the existing with the garage approximately 1800 sq. ft., Ms. Roberts noted that the applicant could legally rebuild within the existing foot print and asked what the hardship to increase the lot coverage was. Ms. Oberndorf agreed that she could build vertical to conform and added that she pushed the proposed attached garage back so that the neighbor wouldn't feel crowded. Ms. Leab asked if the applicant needed to go to the Inland Wetlands Commission, the house measures 300+' from the water. Mr. Sedito asked about the septic, Mrs. Oberndorf answered that Brian Neff has perked for a three bedroom septic. It was confirmed that the existing is a 1/2 story where the second floor is proposed. Mr. Young spoke to members from the public stating that the Schlegel's who own a single level cottage with large deck support this application, but if it changes he doesn't know if they would be in favor of it. Keith Angel, from 10 Loomarwick Road, felt that the application will not have ecological impacts on the lake water and supports it. Mr. Kleinberg felt that this application is not in keeping with the intent of zoning and the variance is not warranted. Lynn Baldwin felt that if granted this application will set a precedent for others to gain increase percentage of lot coverage, which she feels will not maintain the integrity and views which are the essence of the lake community. Tom McGowan spoke to the lot coverage regulations which he stated deal with impervious surface to protect water quality. Mr. McGowan went on to speak about the shared driveway, which he stated is common around the lake. Mr. Kleinberg spoke to members about the change made to the regulations that increased lot coverage for small lots to 15%. Ms. Roberts asked the applicant for a description of hardship. Ms. Oberndorf referred to the driveway. Mr. Sedito asked the applicant to scale down the project, develop a plan that is more in tune with the regulations. Ms. Oberndorf stated that she could do a two-story box and move the garage forward eliminating driveway coverage. Mr. Sedito asked the applicant to bring back a smaller proposal the 15.7% existing lot coverage being a goal. Mr. Sedito added if the lot coverage was 15% or under they would not need a variance, he felt a continuance was in order.
Motion: to continue ZBA-0714Request of Edgar D. Mason III, 151 West Shore Road, application for variance to Zoning Regulations 21.1.37 (definition lot coverage) and 11.5.1 (maximum lot coverage) for expansion of dwelling was made by Mr. Wyant, seconded by Mr. Snook by a 5-0 vote.
PUBLIC HEARING
Mr. Sedito seated regular members Polly Roberts, Katharine Leab, Randolph Snook, himself and alternate Georgia Middlebrook.
ZBA-0715 Request of Winifred Walsh, 95 Roxbury Road, petition for special exception, a request for generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations. There was no one present to represent this application, there were neighbors present so the commission opened the public hearing. Kuldar & Sandra Visnapuu and Orville Aarons were present as neighboring property owners. Members and neighbors looked at the map trying to locate the site of the proposed generator. Mr. Aarons was concerned with increased noise to the environment. More information was needed from the applicant.
Motion: to continue ZBA-0715 Request of Winifred Walsh, 95 Roxbury Road, petition for special exception, a request for generator to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations was made by Mr. Snook, seconded by Ms. Roberts by a vote of 5-0.
ZBA-0716 Request of David Connolly, 253 New Milford Turnpike, application for variance to Zoning Regulations 16.5.1 (sign setback) and 16.5.4 (more than two signs), to install signage. The applicant asked that this hearing be heard at the September 20, 2007 Zoning Board of Appeals. There was no one present for this application so the Public Hearing was not opened.
PUBLIC HEARING
Mr. Sedito seated regular members Polly Roberts, Katharine Leab, Randolph Snook, himself and alternate Peter Bowman.
ZBA-0717 Request of Franklin Berger, 386 Nettleton Hollow Road, petition for special exception a request for air conditioner equipment to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations. Timothy Egan was present to represent this application. Mr. Egan began by saying that the air conditioning equipment was already in place, he stated that he knew of the regulations for generators but didn't know they also were covered ac equipment. Mr. Sedito measured the ac units at approximately 50' from the house and explained to Mr. Egan about them having less impact on the neighbors than if they were within 25' of the house. The specs submitted stated that the units had a 72db rating, which the members found unusual. A neighbor from the property owned by Patricia Tunsky was present and concerned with the noise traveling up hill to their property. Members discussed various fencing but felt that they needed to see the property to determine the terrain. Mr. Egan noted the positions of the retaining walls on the property. Members wanted to either do a site visit or have pictures submitted and also asked Mr. Egan to check the db rating on the ac units.
Motion: to continue ZBA-0717 Request of Franklin Berger, 386 Nettleton Hollow Road, petition for special exception a request for air conditioner equipment to be situated farther from the structure principally served than is specified under Sections 12.14.1, 12.14.2, and 12.14.3 of the Zoning Regulations was made by Mr. Snook, seconded by Mr. Bowman by a 5-0 vote.
Motion: to accept to minutes of the July 19, 2007 Zoning Board of Appeals as submitted was made by Ms. Roberts, seconded by Mr. Snook by a vote of 5-0.
Meeting adjourned at 9:45pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
Posted: July 29, 2007 July 19, 2007
Present: Bradford Sedito, Polly Roberts, Todd Catlin, Randolph SnookAlternate: Roderick Wyant III
Guests: William Freer, Caroline Sorell, Vincent Forese, Marie Swanson, Anthony Fitzgerald
The meeting was called to order at 7:30pm by the Chairman Mr. Sedito.
PUBLIC HEARING
Mr. Sedito seated regular members Polly Roberts, Todd Catlin, Randolph Snook, himself and alternate Roderick Wyant.
ZBA-0712 Request of William Freer, 246 Woodbury Road, application for variance to Zoning Regulation 13.11.3h (accessory apartment detached shared driveway use) to build a detached accessory apartment. Mr. Freer was present to represent his application. He located his property on Route 47, the garage for the proposed detached accessory apartment already exists, and he submitted photos showing the garage and driveway. Mr. Freer went on to say that he uses the existing driveway on a daily basis to access the garage and is not changing the footprint of the existing garage. He stated that he already has health approval for a septic system. Mr. Sedito asked about certified mail notice and return cards. Secretary Pamela Osborne stated that certified mail notice was sent out on July 11, 2007, seven notices were sent, and four cards were returned. (Returned cards: Linley, Genovese, Forese, Sorell missing cards: Palomba, Stoughton, and Coenen) Mr. Catlin asked about hardship. Mr. Freer felt that the grade to connect the driveways was steep and maybe over 15%, he went on to locate the septic area as well as wetlands behind the house. Mr. Freer stated that the existing garage is 48 x 21. Mr. Sedito felt that connecting the two driveways would be difficult to do and doesn't make sense, but he is concerned about not receiving a return card from three of the property owners notified, one being the person who shares the driveway and has access to a lot past the garage. Caroline Sorell, a neighbor at 245 Woodbury Road came forward to address the members. Ms. Sorell stated that she lives across the street from Mr. Freer and has looked at the plans and application. She is concerned with the proposal and feels that Mr. Freer is not being sensitive to preserving the rural character of Washington and has created a visual intrusion with lighting. Ms. Sorell submitted a written statement for the record. Mr. Sedito explained to Ms. Sorell that if Mr. Freer were to follow the regulations he would have to add more driveway/paved surface to what already exits. Mr. Sedito went on to suggest that Ms. Sorell attend the Zoning Commission meeting for Mr. Freer's application for a detached accessory apartment. Vincent Forese and Marie Swanson came forward to check on what was proposed. Mr. Freer explained the application and location. Mr. Forese and Ms. Swanson had no objections. Members wanted to allow more time for return of certified mail notice.
Motion: to continue ZBA-0712 request of William Freer, 246 Woodbury Road, application for variance to Zoning Regulation 13.11.3h (accessory apartment detached shared driveway use) to build a detached accessory apartment was made by Mr. Snook seconded by Mr. Wyant, by a vote of 5-0.
PUBLIC HEARING
Mr. Sedito seated regular members Todd Catlin, Randolph Snook, himself and alternate Roderick Wyant. Ms. Roberts recused herself from this application, because she had business dealings with the applicant. Mr. Sedito went on to explain to the applicant that with only four voting members seated the vote had to be unanimous to pass. The applicant chose to open the public hearing.
ZBA-0711 Request of John & Arlene Glantz, 7 Senff Road, petition for special exception for expansion of nonconforming dwelling, to build dormer and front door porch roof covering "Portico". Anthony Fitzgerald was present to represent this application. Mr. Sedito read two letters into the record, from Eugene A. Pinover and Stephen Brighenti, both in favor of the petition for special exception. It was confirmed that certified mail notice had been sent out on July 10, 2007 and all cards had returned. Members began by looking at a map submitted which was dated 1938. Mr. Catlin felt the exact location of the house was unclear on this map; it could be over the line on town property, the porch was not shown on the map. Mr. Snook agreed stating the need for exact dimensions and location of the front boundary line with the house as it exists today, an updated A-2 survey. Mr. Snook also asked for measurements and distances on the plans for the proposed additions.
Motion: to continue ZBA-0711 request of John & Arlene Glantz, 7 Senff Road, petition for special exception for expansion of nonconforming dwelling, to build dormer and front door porch roof covering "Portico" was made by Mr. Snook, seconded by Mr. Wyant, by a vote of 4-0.
Motion: to accept the minutes as submitted was made by Ms. Roberts, seconded by Mr. Catlin, by a unanimous vote.
Meeting adjourned at 8:20pm.
Submitted subject to approval,
Pamela L. Osborne, Secretary
Posted: June 28, 2007 June 20, 2007
Present: Bradford Sedito, Polly Roberts, Todd Catlin, Randolph SnookAlternates: Peter Bowman, Georgia Middlebrook, Roderick M. Wyant, III
Guests: Floyd Williams, Laurie Hull, Ralph Caprilozzi, Howard Barnet Jr., Edward Fenn
The Chairman, Bradford Sedito called the meeting to order at 7:30pm.
Public Hearing Continued
Mr. Sedito seated regular members Polly Roberts, Randolph Snook, himself and alternates Georgia Middlebrook and Roderick Wyant III.
ZBA-0706 Request of Floyd Williams, 210 Bee Brook Road, application for variance from Zoning Regulations 11.6.11.c (setback) and 17.4 (increasing the nonconformity of a nonconforming structure) to enclose an existing deck. Floyd Williams and Laurie Hull were present to represent this application. Certified mail notice was sent to the Matthews on May 17, 2007, the card has been returned, it was also noted that the certified mail notice sent to Joe Bennett was returned unclaimed. Ms. Hull stated that she has spoken with the Bennett's and they are aware of what they are proposing. Plans for the proposed sunroom were reviewed; Mr. Sedito initialed and had Mr. Williams initial the location for the 14x14 sunroom on the survey. Mr. Sedito asked for further questions or comments from members and the public. Mr. Williams located the well and septic on the east and west sides of his house. The house is 1300 sq. ft. the sunroom will be built on an existing porch to add more room for the kitchen area and will be unheated.
MOTION: to close ZBA-0706 Request of Floyd Williams, 210 Bee Brook Road, application for variance from Zoning Regulations 11.6.11.c (setback) and 17.4 (increasing the nonconformity of a nonconforming structure) to enclose an existing deck was made by Ms. Roberts, seconded by Mr. Wyant by a 5-0 vote.
MEETING
Ms. Roberts is in favor of this special exception, the existing house is small and although within the front setback is a considerable distance from the road. Ms. Roberts went on to say that there is ledge and steep hillside around the house and there is no increase being made to the footprint. Mr. Snook is in agreement, stating that this is a modest increase. Ms. Middlebrook and Mr. Wyant agree. Mr. Sedito feels this is a reasonable request, but feels it could have been a special exception request; he is struggling with the hardship issue.
MOTION: to approve ZBA-0706 Request of Floyd Williams, 210 Bee Brook Road, application for variance from Zoning Regulations 11.6.11.c (setback) and 17.4 (increasing the nonconformity of a nonconforming structure) to enclose an existing deck as per map entitled Exhibit A on file by a 5-0 vote.
Public Hearing Continued
Mr. Sedito seated regular members Polly Roberts, Randolph Snook, himself and alternates Georgia Middlebrook and Roderick Wyant III.
ZBA-0709 Request of Ralph & Stacey Caprilozzi, 217 New Milford Trpk., application for variance from Zoning Regulations 11.5.1.a (lot coverage) and 11.6.1.b (setback) to construct a garage. Ralph Caprilozzi was present to represent his application; he submitted a new survey showing the exact location of the proposed garage as well as setbacks. Mr. Caprilozzi stated that he had spoken with neighboring property owner Jeanne Wright and she is fine with the location of the proposed garage. Secretary Pamela Osborne stated that she had sent notice to Ms. Wright as well about the date and time of the continued hearing. The proposed garage will be 24x24 with a maximum height of 22'. Lot coverage calculations were done and are on file with the proposed coverage at 16.48%. Mr. Sedito asked for questions or comments from the public.
MOTION: to close ZBA-0709 Request of Ralph & Stacey Caprilozzi, 217 New Milford Trpk., application for variance from Zoning Regulations 11.5.1.a (lot coverage) and 11.6.1.b (setback) to construct a garage was made by Ms. Roberts, seconded by Mr. Wyant by a 5-0 vote.
MEETING
Mr. Snook did a site visit, he felt that because of the terrain there is no other rational location for the garage and he understands the need for a garage. Mr. Snook feels this is a reasonable request. Ms. Middlebrook agrees and also understands the need for a garage in this climate. She added that siting the garage at the same angle as the house is attractive. Mr. Wyant agreed the siting of the garage was well done and as long as the neighbor is ok with the proposed he is in favor of it as well. Ms. Roberts agrees the garage is modest. Mr. Sedito agrees referencing Atty. Zizka that a garage is a use of right and he feels that having a place to store your vehicles and lawn equipment is better than seeing them outside. Mr. Sedito closed by saying that the proposed garage can not be seen from Route 202.
MOTION: to approve ZBA-0709 Request of Ralph & Stacey Caprilozzi, 217 New Milford Trpk., application for variance from Zoning Regulations 11.5.1.a (lot coverage) and 11.6.1.b (setback) to construct a garage as per survey dated June 14, 2007 by Paul M. Fagan P.C. by a 5-0 vote.
PUBLIC HEARING
Mr. Sedito seated regular members Polly Roberts, Todd Catlin, Randolph Snook, himself and alternate Peter Bowman.
ZBA-0710 Request of Howard & Jane Barnet Jr., 32 Sabbaday Lane, application for variance from Zoning Regulations 11.6.1c (setback), 12.1.1 (wetlands setback) and 17.4 (increasing the nonconformity of a nonconforming structure) to reconstruct barn. Howard Barnet and Edward Fenn were present to represent this application. It was noted that the only return card not received was from Peter and Diana Tagley, all certified mail notices were sent out on June 6th except to Faith Drucker which was sent out on June 11th. Mr. Barnet began by saying that he has lived at 33 Sabbaday Lane for 12 years and this barn is at 32 Sabbaday Lane. Mr. Barnet explained the location of the barn as being right on the road and went on to say that it was in terrible shape sagging with rot. The sill was 1' underground and grade was 2' above the foundation. Last fall they took the barn down with the idea of rebuilding on the existing footprint, they expect to rebuild three of the four bays and raise the roofline 2'. In the future they are planning to use the third bay as living space, the original building had no heat but water for the animals. Mr. Bowman asked if they were planning on rebuilding only three bays why not move the barn back from the road. Mr. Fenn stated that they chose to reduce the setback to the wetlands. Both Mr. Barnet and Mr. Fenn stated that they will use as much of the existing timbers as possible along with new timbers. Members identified the wetlands on the map provided. Mr. Barnet stated that it is their intent not to disturb the wetlands and work with what they have. In closing Mr. Barnet stated that the proposed barn will conform to zoning height requirements. Mr. Sedito asked for further questions or comments.
MOTION: to close ZBA-0710 Request of Howard & Jane Barnet Jr., 32 Sabbaday Lane, application for variance from Zoning Regulations 11.6.1c (setback), 12.1.1 (wetlands setback) and 17.4 (increasing the nonconformity of a nonconforming structure) to reconstruct barn was made by Mr. Catlin, seconded by Mr. Snook by a 5-0 vote.
MEETING
Mr. Sedito began by stating that the hardship is that the barn was built 200 years ago and the town has added to the road. Mr. Catlin agreed he is familiar with the location and has no issue with the proposed. Mr. Bowman would like to see the rebuilt structure look like what existed, he is nervous because the final product seems undetermined. The structure could look very different depending on siding and windows and they are rebuilding the same hardship right on the road, he would like to see the structure moved back. Mr. Bowman closed by saying he likes the applicant's idea and intent but is not convinced that they are headed in that direction. Mr. Snook feels this is a reasonable request and understands that new materials may be used, the barn was 200 years old. Mr. Snook went on to say that he is relying on what the applicant has discussed, that he intends to replace as close as original and he will be disappointed if the structure is not a red building. Ms. Roberts understands Mr. Bowman's concerns, the applicant's are using existing foundation, and they are also between the road and wetlands. Ms. Roberts is confident that the proposed will look similar to what existed, they are improving the wetlands setback situation and getting the structure above grade. Mr. Sedito began by stating that Mr. Bowman had some good comments, he feels this is a classic hardship due to the ravages of time. They are building it smaller. Mr. Sedito closed by saying the applicant could rebuilt what was taken down and ZBA would have no right to dictate materials, he does have some reservations but all in all is in favor of the proposed.
MOTION: to approve ZBA-0710 Request of Howard & Jane Barnet Jr., 32 Sabbaday Lane, application for variance from Zoning Regulations 11.6.1c (setback), 12.1.1 (wetlands setback) and 17.4 (increasing the nonconformity of a nonconforming structure) to reconstruct barn as per survey dated November 1992, revised 9/2/99 by T. Michael Alex LLS and plans by Fenn Design-Build Services on file by a 5-0 vote.
MOTION: to approve the minutes of the May 17, 2007 meeting of the Washington Zoning Board of Appeals as submitted was made by Mr. Snook, seconded by Ms. Roberts by a 5-0 vote.
Other Business/Discretion of the Chair
Members were given copies of a summons in connection with their granting of a special exception for ZBA-0708 Andersson, 35 Gunn Hill Road, the plaintiff is Sarah Lee Martin.
Meeting adjourned at 8:45pm
Submitted Subject to approval,
Pamela L. Osborne, Secretary
Posted: May 24, 2007 May 17, 2007
Present: Bradford Sedito, Polly Roberts, Katharine Leab, Randolph SnookAlternates: Georgia Middlebrook, Roderick Wyant III
Guests: Floyd Williams, Laurie Hull, Patty Wahlers, Larry Washington, Robert L. Fisher, Jr., Esq., Ralph & Stacey Caprilozzi
Chairman, Brad Sedito called the meeting to order at 7:30pm, welcoming Roderick Wyant III as a new alternate member to the Zoning Board of Appeals.
PUBLIC HEARING
Mr. Sedito seated regular members Polly Roberts, Katharine Leab, Randolph Snook , himself and alternate Roderick Wyant III.
ZBA-0706Request of Floyd Williams, 210 Bee Brook Road, application for variance from Zoning Regulations 11.6.11.c (setback) and 17.4 (increasing the nonconformity of a nonconforming structure) to enclose an existing deck. Floyd Williams and Laurie Hull were present to represent this application. Certified mail notice was originally sent to two property owners (Shanks and Bennett), the third property owner's (Matthews) notice was mailed today. Members decided to proceed, but noted that the hearing would have to be continued to allow time for the certified notice to reach the property owner (Matthews). Ms. Hull explained that they are proposing a 14'x14' sun room on half of an existing deck. The proposed is a three season sunroom with no heat. Mr. Williams explained that his septic is in front of the house; the well is in the rear and used pictures to show the hilly terrain surrounding the house. Mr. Snook made a site visit and questioned the ability of the existing porch to support the proposed sunroom. The applicants stated that the proposal has been checked out by two engineers. Mr. Snook noted that the proposed sunroom will be clearly visible from the street and he felt would be an improvement to the house. Ms. Hull stated that the inside ceiling of the proposed sunroom will be 8' going down to 7', the existing slider on the porch will be within the sunroom and a second slider will be used to access the remaining open porch. The existing deck is 15' from the property line. Mr. Sedito asked for questions or comments from the public.
Motion: to continue ZBA-0706 request of Floyd Williams, 210 Bee Brook Road, application for variance from Zoning Regulations 11.6.11.c (setback) and 17.4 (increasing the nonconformity of a nonconforming structure) to enclose an existing deck was made by Mr. Wyant, seconded by Mr. Snook by a 5-0 vote.
Public Hearing
Mr. Sedito seated regular members Polly Roberts, Katharine Leab, Randolph Snook, himself and alternate Georgia Middlebrook.
ZBA-0707 Request of H.O.R.S.E. of Connecticut Inc., 43 Wilbur Road, request for a special exception for expansion of nonconforming accessory building. Patty Wahlers was present to represent this application. Ms. Wahlers submitted pictures of the existing barn; the original portion of the barn is approximately 200 years old. Ms. Wahlers explained that the shed roof addition has already been dismantled; the sills are still in the ground. She went on to say that she didn't know that she needed Zoning Board of Appeals approval, the barn is within 50' of the front property line. They are proposing replacing the shed roof portion (30x16) of the existing barn with a gable roof; they have water runoff problems and feel that the change will help. The entire building is 40x30; the proposed changed will allow for 3 10x16 stalls with storage space above. Ms. Wahlers stated that the shed roof section that has been removed was 13 years old and 37' from the property line. Mr. Sedito asked for further questions or comments from members and the public.
MOTION: to close ZBA-0707 request of H.O.R.S.E. of Connecticut Inc., 43 Wilbur Road, request for a special exception for expansion of nonconforming accessory building was made by Ms. Roberts, seconded by Mr. Snook by a 5-0 vote.
MEETING
Mr. Snook visited the site; he feels the proposed request is reasonable in scope. Ms. Middlebrook and Ms. Leab agree. Ms. Roberts feels this application is in keeping with the spirit of the special exception. The barn is 200 years old and primary to farming. Mr. Sedito is struggling with this application because it is already torn down and feels the water problem could have been addressed in a different manner.
MOTION: to approve ZBA-0707 request of H.O.R.S.E. of Connecticut Inc., 43 Wilbur Road, request for a special exception for expansion of nonconforming accessory building as per plans on file by a 4-1 vote.
Polly Roberts, Katharine Leab, Randolph Snook and Georgia Middlebrook voted in favor.
Bradford Sedito voted against.
PUBLIC HEARING
Mr. Sedito seated regular members Polly Roberts, Katharine Leab, Randolph Snook, himself and alternate Roderick Wyant III.
ZBA-0708 Request of Lars Andersson, 35 Gunn Hill Road, request for a special exception for expansion of nonconforming dwelling. Larry Washington of C&L Restorations and Robert L. Fisher, Jr., Esq. were present to represent this application. Mr. Washington began by stating that the original house was built in the 1700's constructed of post and beam. It is of Colonial style with a gable addition added in the 1950's. They intend to extend the addition 18' and raise the pitch 32", to accommodate living space on the second floor. They will preserve the original post and beams. Mr. Washington went on to say that the gable on the original house will also be raised to meet the new addition. The final design of the roof will be the same as what exists now. The proposed increase is 6400cu. ft. It was clarified that this house is the primary house on this parcel. Atty. Fisher gave a history on the existing house and stated that Mr. Andersson wants to preserve the building and use it for family. The existing house sits within the 50' front setback. The proposed addition will be used as kitchen space. Mr. Snook asked about the condition of the foundation. Mr. Washington stated that the addition will be built on a crawl space and they will be keeping the stone veneer on the foundation. Mr. Washington added that the existing house has four fireplaces which the applicant wants to preserve. Mr. Sedito asked for further questions or comments from members and the public.
MOTION: to close ZBA-0708 request of Lars Andersson, 35 Gunn Hill Road, request for a special exception for expansion of nonconforming dwelling was made by Mr. Snook seconded by Ms. Roberts by a 5-0 vote.
MEETING
Ms. Roberts visited the site; she is happy to see the house being restored and feels the addition is in keeping with the original house. Ms. Leab feels this application is what the special exception was designed for. Mr. Wyant supports this application; it is a good improvement for adding space to the house. Mr. Snook agrees, stating that this is a noble endeavor. Mr. Sedito feels the special exception applies as they are preserving an old building and the proposed supports the continued use of a single family dwelling.
MOTION: to approve ZBA-0708 request of Lars Andersson, 35 Gunn Hill Road, request for a special exception for expansion of nonconforming dwelling as per plans on file by a 5-0 vote.
PUBLIC HEARING
Mr. Sedito seated regular members Polly Roberts, Katharine Leab, Randolph Snook, himself and alternate Georgia Middlebrook.
ZBA-0709 Request of Ralph & Stacey Caprilozzi, 217 New Milford Trpk., application for variance from Zoning Regulations 11.5.1.a (lot coverage) and 11.6.1.b (setback) to construct a garage. Ralph and Stacey Caprilozzi were present to represent their application. Secretary Pamela Osborne received phone calls from two neighboring property owners. The Waldrons who had no objection to the application and Jeanne Wright who has concerns. Ms. Wright is concerned with water runoff and erosion, she would like the hearing continued so she has the opportunity to know the location of the proposed garage and have the Caprilozzis speak to her about their proposal. The applicants are proposing to build a 24x24 garage. Mr. Caprilozzi noted that the septic is in front of the house and located the Wright residence on the assessor's map. Mr. Caprilozzi stated that he intends to cut the garage into the hillside and it will be 9' from the property line. Lot coverage calculations were on file, the existing coverage is 12.18% and proposed is 16.48%. Mr. Sedito asked for more detailed sketches of the proposed garage with elevations and exact dimensions and asked the applicants to have the property line staked by a surveyor. It was also suggested that the applicants speak with Ms. Wright.
MOTION: to continue ZBA-0709 request of Ralph & Stacey Caprilozzi, 217 New Milford Trpk., application for variance from Zoning Regulations 11.5.1.a (lot coverage) and 11.6.1.b (setback) to construct a garage was made by Mr. Sedito, seconded by Ms. Roberts by a 5-0 vote.
MOTION: to accept the minutes of the April 19, 2007 meeting of the Washington Zoning Board of Appeals as submitted was made by Mr. Snook, seconded by Ms. Roberts by a 5-0 vote.
Other Business/Discretion of the Chair
Chairman Sedito took this opportunity to once again welcome Roderick Wyant III to the Zoning Board of Appeals.
MOTION: to adjourn was made at 8:30pm by Ms. Roberts seconded by Ms. Leab by a 5-0 vote.
Submitted subject to approval,
Pamela L. Osborne, Secretary
Posted: April 29, 2007 April 19, 2007
Present: Bradford Sedito, Polly Roberts, Todd Catlin, Katharine Leab, Randolph SnookGuests: Mr. & Mrs. Pinover, Nancy Holwell, Don Brigham, Tom Farmen, Dorota Habib, Curtiss Smith
Brad Sedito, Chairman called the meeting to order at 7:30pm.
Public Hearing
Mr. Sedito seated regular members Polly Roberts, Todd Catlin, Katharine Leab, Randolph Snook and himself.
ZBA-0704 request of Diana E. & Eugene A. Pinover, 12 Senff Road, petition for special exception for expansion of nonconforming dwelling. Mr. & Mrs. Pinover and Nancy Holwell, architect was present to represent this application. Ms. Holwell began by stating that the present roof leaks, has significant water problems and the bridge to enter the house is awkward. Ms. Holwell went on to state that they are proposing elimination of a gable roof, which will become a shed roof restoring the original design of the house. They expect that the runoff water will be spread over a broader area and drain better. They are seeking a special exception because the existing house is within the 50' front yard setback. Mr. Catlin asked the applicant about the "green roof". Mrs. Pinover stated that this is an idea she is still investigating. Mr. Holwell commented on the proposed changes to the entry way, saying that it is unusable as is in the winter time because of ice and snow build up, the existing bridge is unheated. Mr. Sedito asked for further questions or comments from the audience. Don Brigham, a neighbor stated that he had no problem with the proposed changes.
Motion: to close ZBA-0704 request of Diana E. & Eugene A. Pinover, 12 Senff Road, petition for special exception for expansion of nonconforming dwelling was made by Ms. Roberts, seconded by Mr. Catlin, by a 5-0 vote.
MEETING
Mr. Catlin began by stating that the proposed is aesthetically appropriate and has no problem with the extension. Katharine agreed that the proposed is logical. Mr. Snook felt that the proposed is reasonable and consistent with the special exception definition. Ms. Roberts is in agreement, she sees no problem with filling in existing footprint. Mr. Sedito agrees the proposed is an improvement and is within the scope of a special exception.
Motion: to approve ZBA-0704 request of Diana E. & Eugene A. Pinover, 12 Senff Road, petition for special exception for expansion of nonconforming dwelling, as per application on file, by a 5-0 vote.
Mr. Sedito recused himself from ZBA-0705 because he is an abutting property owner, he explained that this left four ZBA members and they had to concur for the special exception to pass. The applicant understood and decided to proceed.
PUBLIC HEARING
Ms. Roberts seated regular members Todd Catlin, Katharine Leab, Randolph Snook and herself.
ZBA-0705 request of Rumsey Hall School, 201 Romford Road (317 Sabbaday Lane), petition for special exception for expansion of nonconforming dwelling. Tom Farmen and Dorota Habib were present to represent this application as well as Curtiss Smith. Mr. Farmen began by familiarizing members with the location and presented pictures of the existing house. Mr. Farmen stated that there would be an increase of 31 sq. ft. within the nonconforming area. He went on to say that they will be tearing down the existing structure and rebuilding, maintaining the character of the existing building. Curtiss Smith referenced the survey in explaining the setbacks; the entire existing house is within the 50' front setback and the building coverage within that setback. What they are proposing is a modular cape with a new foundation. Mr. Snook confirmed that the footprint is increasing. Ms. Roberts asked if this proposal was in the overall plan for Rumsey Hall School. Mr. Farmen answered that it was not, but they decided that the house needed to be rebuilt so a family could continue to live in the house. Mr. Farmen went on to offer information on future projects. Curtis Smith added calculations (30 sq ft) for a stoop to the dirt drive side of the proposed house; these additions were initialed by Mr. Smith and Ms. Roberts. Ms. Roberts asked for further questions.
Motion: to close ZBA-0705 request of Rumsey Hall School, 201 Romford Road (317 Sabbaday Lane), petition for special exception for expansion of nonconforming dwelling was made by Mr. Catlin, seconded by Mr. Snook by a 4-0 vote.
MEETING
Mr. Snook understands that the existing house is old and in need of work, the proposed is reasonable and he sees no reason to deny it. Ms. Leab agrees stating the proposed supports the continued use of a single family dwelling and in keeping with the character of the school. Mr. Catlin and Ms. Roberts were in agreement.
Motion: to approve ZBA-0705 request of Rumsey Hall School, 201 Romford Road (317 Sabbaday Lane), petition for special exception for expansion of nonconforming dwelling, as per Zoning Location Survey for Butler House by Curtiss B. Smith dated March 20, 2007 amended 4-19-2007 on file by a 4-0 vote.
Motion: to accept the minutes of February 15, 2007 as submitted was made by Mr. Catlin, seconded by Mr. Snook, by a 5-0 vote
Other Business/Discretion of the Chair
Mr. Sedito thanked Ms. Roberts for the article submitted to the Washington Times.
Motion: to adjourn was made at 8:20pm by Ms. Leab, seconded by Mr. Snook, by a 5-0 vote.
Submitted subject to approval,
Pamela L. Osborne, Secretary
Posted: March 1, 2007 March 15, 2007
The Zoning Board of Appeals cancelled their March 15, 2007 meeting as there were no applications submitted.
Posted: February 22, 2007 February 15, 2007
Present: Bradford Sedito, Todd Catlin, Katharine Leab, Randolph SnookGuest: Reese Owens
Chairman, Brad Sedito called the meeting to order at 7:30pm and made note that regular member Katharine Leab listened to the tape recording of ZBA-0703, Request of Paul A. & Joan H. Marks from the January 18, 2007 meeting of the Washington Zoning Board of Appeals.
Public Hearing Continued
Mr. Sedito seated regular members, Todd Catlin, Katharine Leab, Randolph Snook and himself. Mr. Sedito informed Mr. Owens that there were only four members present and that the vote needed to be unanimous for approval. Mr. Owens understood he wanted to proceed with the public hearing but retain the option for a continuance.
ZBA-0703 Request of Paul A. & Joan H. Marks, 7 Rossiter 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. Reese Owens from Halper Owens Architects was present to represent the applicant. Of the nine certified mail notices sent out to property owners within 200' eight cards have returned, members felt comfortable proceeding. Mr. Owens began by describing the applicant's property as hilly and exposed, he stated that they could place the generator within 25' of the house but felt they had found a better location. Referring to the site plan Mr. Owens located the proposed location for the generator in an existing garage, he went on to say that the generator will have a sound enclosure and sound attenuating louvers which will be aimed inward to the property. Mr. Owens feels that placing the generator within 25' of the house would create much more noise. Members went on to discuss generator locations in general and Reese Owens distributed a hand out from an acoustictician. Mr. Sedito asked if members had any more questions.
Motion: to close ZBA-0703 Request of Paul A. & Joan H. Marks, 7 Rossiter 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 Mr. Catlin seconded by Ms. Leab by a 4-0 vote.
Meeting
Mr. Catlin has no issues with this application; he appreciates the applicant placing the generator inside the garage. Ms. Leab agrees that the proposed location is a better solution, the sound will be lower. Mr. Snook felt that this was an amicable solution. Mr. Sedito stated that he felt the proposed location would have less of an impact on neighbors that placing the generator within 25' of the house.
Motion: to approve ZBA-0703 Request of Paul A. & Joan H. Marks, 7 Rossiter 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 site plan on file by Halper Owens Architects dated 12.21.2006 by a 4-0 vote.
Motion: to approve the minutes of the January 18, 2007 meeting of the Washington Zoning Board of Appeals as submitted was made by Mr. Snook seconded by Mr. Catlin by a 4-0 vote.
Other Business/Discretion of the Chair
Members briefly discussed the budget for 2007/2008. There were questions about the $1,000.00 phone fee and what the DEP fees were. Members also wondered about legal fees with the upcoming Jacobson appeal. Pam Osborne will check with the First Selectmen's office.
Brad received a request for an article for the upcoming Town Newsletter; he will email Polly to see if she would like to put something together.
Pam distributed information on a Planning & Zoning education and training program to be held on March 17th and the Connecticut Federation of Planning and Zoning Agencies annual conference to be held on March 22nd. Anyone who was interested should contact Pam.
Motion: to adjourn at 7:55pm was made by Ms. Leab seconded by Mr. Catlin by a 4-0 vote.
Submitted subject to approval,
Pamela L. Osborne, Secretary
Posted: January 26, 2007 January 18, 2007
Present: Bradford Sedito, Polly Roberts, Todd Catlin, Randolph SnookAlternates: Peter Bowman, Georgia Middlebrook
Guest: Tami Zinick, Reese Owens, Barbara Shattuck Kohn, Richard Sears, David Wilson, Tom McGowan, Joe Mustich, Catherine Bouquillon, Ken Cornet, Diane Dupuis, Howard Lockwood, Paul Frank, Ray Kozak, Janet Buonaiuto
Brad Sedito, Chairman called the meeting to order at 7:40pm.
PUBLIC HEARING
Mr. Sedito seated regular members Polly Roberts, Todd Catlin, Randolph Snook, himself and alternate Georgia Middlebrook.
ZBA-0701 Request of Bruce Carusillo, 247 Roxbury 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. Tami Zinick was present to represent this application. Ms. Zinick began by stating that the pad and a/c units were already installed and the applicant wanted to make arrangements for a future generator. The pad location is 30.89' from the Town/property line and 28.99' from the house. Ms. Zinick noted that the closest neighbor Robert Marques has submitted a letter in favor of the special exception, she went on to say that Mr. Marques is planting spruce trees as screening and the applicant intends to do the same. The proposed generator has a db rating of 70 and will be installed with a muffler. Mr. Sedito read a letter dated December 18, 2006 by Michael E. Ajello, Zoning Enforcement Officer into the record. Mr. Snook has a problem with the proximity to the property line and would like to see a condition of approval for the installation of a solid 6' fence around the equipment. Members were in agreement. Mr. Sedito asked for further comments or questions from the public.
Motion: to close ZBA-0701 request of Bruce Carusillo, 247 Roxbury Road, petition for special exception, a request for generator and air conditioners to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations, was made by Ms. Roberts, seconded by Mr. Snook by a 5-0 vote.
MEETING
Mr. Snook is comfortable with granting this special exception with the conditions stated. Mr. Catlin has no issues with this application. Ms. Middlebrook is also Ok with it. Ms. Roberts is not happy with the already built aspect of this application, as a general contractor the applicant should have been aware of the regulations. Mr. Sedito shares Ms. Roberts unhappiness with after-the-fact applications, but went on to note that if the applicant were to place the generator with in 25' of the house it would be nosier to neighbors than being surrounded by the solid fence, there would be an echoing effect.
Motion: to approve ZBA-0701 request of Bruce Carusillo, 247 Roxbury Road, petition for special exception, a request for generator and air conditioners to be situated farther from the structure principally served than is specified under Section 12.14.1, 12.14.2 and 12.14.3 of the Zoning Regulations, as per as-built filed by Roy V. Cheney LLS dated May 2003 (rev. December 2006), with the condition that the equipment be enclosed in a 6" high solid fence by a 5-0 vote.
PUBLIC MEETING
Mr. Sedito seated regular members Polly Roberts, Todd Catlin, Randolph Snook, himself and alternate Georgia Middlebrook.
ZBA-0702 Request of Barbara Shattuck Kohn, 23 Ferry Bridge 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. Reese Owens of Halper & Owens Architects and Barbara Shattuck Kohn were present to represent this application. Mr. Owens began by stating that a special exception for a generator was granted to Ms. Kohn in October of 2006, since then they have discovered a better location for the generator. The new location is in an existing garage, but is further from the house than the location granted in October. Mr. Owens went on to say that the garage doors face into the property, they will insulate the building, venting louvers will face into the property and the muffler will go through the roof. Ms. Roberts stated that the special exception granted in October 2006 should be voided, if the current application is approved. Other ZBA members were in agreement. Mr. Owens added that the power service for the generator is in the garage, having the generator located in the garage should be less noisy for neighbors. The proposed generator is the same one as the October 2006 application with sound enclosure and 70-75db. Mr. Sedito asked for further comments or questions from the public.
Motion: to close ZBA-0702 request of Barbara Shattuck Kohn, 23 Ferry Bridge 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. Snook, by a 5-0 vote.
MEETING
Mr. Catlin prefers having the generator in a building; he's a little concerned with the new proposed location close to the property line. Ms. Middlebrook and Ms. Roberts also prefer the new location. Mr. Snook felt moving the equipment into the garage is an improvement. Mr. Sedito added that the new location will have less impact on neighbors, than placing it within 25' of the house with no enclosure; he's in favor of the application with the condition that the previous application be revoked.
Motion: to approve ZBA-0702 request of Barbara Shattuck Kohn, 23 Ferry Bridge 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 site plan by Halper Owens Architects LLC dated 12-21-06 on file, with the condition that the previous variance granted on October 26, 2006 and filed on November 6, 2006 in Volume 195 Page 1000 of the Town Clerk's Land Records is revoked, was made by a 5-0 vote.
PUBLIC HEARING
Mr. Sedito seated regular members Polly Roberts, Todd Catlin, Randolph Snook, himself and alternate Peter Bowman.
ZBA-0703 Request of Paul A. & Joan H. Marks, 7 Rossiter 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. Reese Owens of Halper & Owens Architects was present to represent this application. Mr. Owens began by saying that the proposed location is an obvious improvement to placing the generator within 25' of the house; because the house is located in the Historical District they are sensitive to not putting the generator in the landscape. Mr. Owens went on to say the property has two accessory structures close to the house. The house is on a knoll and the two accessory structures are below the house in grade. The proposed location is in an existing garage; it will have sound enclosure and be approximately 65' from the house. Mr. Sedito asked if all property owners within 200' had been notified. Certified mail notice was done on January 10th, nine notices were sent out and only four cards have been returned. Members felt more time should be had for cards to be returned. Mr. Owens agreed to a continuance.
Motion: to continue ZBA-0703 request of Paul A. & Joan H. Marks, 7 Rossiter 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 Mr. Catlin, seconded by Mr. Snook, by a 5-0 vote.
PUBLIC HEARING
Mr. Sedito seated regular members Polly Roberts, Todd Catlin, Randolph Snook, himself and alternate Peter Bowman.
ZBA-0704 request of Town of Washington, 59 East Shore Road, for a variance from Zoning Regulations 11.5.1a (lot coverage) and 17.4 (increasing non-conformity) for a parking lot for Lake Waramaug Boat Launch. Richard Sears, First Selectman and David Wilson P.E. were present to present this application. Mr. Sears began by giving a background on the boat launch dating back to 1995. Mr. Sears continued by saying that the State of Connecticut must allow/provide for public access to Lake Waramaug, the three towns (Washington, Warren & Kent) that boarder Lake Waramaug have negotiated with the State Department of Environmental Protection (DEP), to help control invasive weeds by inspecting boats, by establishing the Lake Waramaug Agreement two years ago. The Lake Waramaug Agreement allows access to 20 non-resident boats a day: 13 from the State Park and 7 other non-resident day boaters. The planned boat launch application is the implementation of the Lake Waramaug Agreement. The entire town parcel is 1.03 acres. Mr. Sears continued by stating that they will remove the existing boathouse, this is Phase I of a proposed three phase project, tonight's single focus is for Phase I. According to calculations submitted by Mr. Wilson existing lot coverage is 26.1% and proposed lot coverage will be 35.6%. Mr. Catlin asked what will happen if this application were denied. Mr. Sears said the State could open its own ramp at the State Park. Mr. Wilson added that the State has an active program to provide public access; this agreement was made to protect the water quality and provide access. Mr. Snook asked about boat monitoring. Mr. Wilson answered that the boat ramp is manned by a person who inspects for invasives; this inspection process has been in place for years at the existing boat ramp. There will be no limit in the size of vessels. The State design vehicle is 40' overall length for the circulation pattern and parking lot design. Mr. Sears went on to say that if approved this is a unique proposition, it will be the only public boat launch, will have handicap access, will have internal circulation of traffic and the plan has been signed off by the State. Mr. Wilson added that this plan has satisfied the Lake Waramaug organizations, the Army Corp of Engineers, Washington Inland Wetlands, the DEP and DOT, the design represents a compromise with all these groups. The underwater portion of the boat ramp is not included in the lot coverage. Mr. Wilson went on to say that the State wants buildings off of the right-of-way and the ramp needs to be operational while construction is underway. Mr. Wilson continued by stating that to achieve the circulation, nine parking spaces and stacking room 3300 sq. ft. of the lake is being filled, they are installing a retaining wall/seawall and vegetation buffer. He went on to explain the engineering design for the parking lot. Certified mail notice was sent out on January 5th, fifteen notices were sent out and twelve cards have returned. The timetable to start this project is early spring of 2007. Mr. Sedito asked if they had looked at a prudent alternative. Tom McGowan of the Lake Waramaug Task Force answered that the only prudent alternative is the State Park in Kent. The State looked at the old Casino property, but the access to that property along the state road was a disaster and the launch and parking would be on different sides of the road. Mr. McGowan went on to say that access along Route 45 is steep, on the Warren side the lake is shallow and would need lots of dredging. The State Park location in Kent is also shallow and would need dredging and maintaining, in closing Mr. McGowan stated that there are no prudent and feasible alternative. Ms. Roberts asked what Phase II would be. Mr. Sears answered that the Town would need a boathouse to store: the Lake Waramaug Task Force compressor which is 10x10, the police/fire boat, the air boat, an inflatable boat and caretaker's grounds keeping equipment. From the audience Joe Mustich expressed concern with this being a multi phase project and only looking at Phase I. Mr. Sedito agreed that ZBA does like to see an entire project and the applicant runs the risk of not being approved for future phases. Mr. Snook stated that this is a unique application and Ms. Roberts added that often times they have homeowners who come back more than once. Catherine Bouquillon from East Shore Road gave a brief history of the Town's boat launch site, noting that she now looks out over a picnic area and boat house and is concerned with the change to a paved parking lot and traffic. Ms. Bouquillon is also concerned about her deeded right-of-way to the lake. Mr. Wilson answered these concerns by saying that at present there is a chain linked fence and what they are proposing will be lower (about 2' step down), have a post & bean fence, what is grave now will be grass (about 20' of grass). They will not be allowed to encroach on the state property. Ms. Bouquillon asked about the 24hr security. Mr. Sears answered that they will be maintaining the caretaker as is, Hank will be staying and he will check into the right-of-way issue. Ken Cornet asked about the beach area, will it remain the same and expressed concern about seeing the whole plan. Mr. Sedito reminded that ZBA is looking at the application before them, which is for lot coverage for the boat ramp project. Mr. Cornet wanted the record clarified as to the Casino property that this property was available, but bought by private entities. There was some discussion on the beach area with Mr. Wilson stating that activity will be proposed north of the beach area and Diane Dupuis stating that a proposed 30x50 structure may encroach on the shaded area of the beach. Ms. Dupuis ended by saying with research she has done she didn't think a DOT study had been done; she is not against the project but just wants the time taken to get ducks-in-a-row. Howard Lockwood of New Preston Hill was concerned about the future, increased activity and having a written agreement with the state not to build its own boat ramp. Paul Frank from the Lake Waramaug Association stated that the towns will have control, with no public launch for 50 years. Mr. Sedito reminded that ZBA was here to address the lot coverage issue for this application. Ray Kozak addressed members by saying he conducted a test run for the boat ramp parking lot in the Shepaug Valley High School parking lot, which he states had problems with getting vehicles out of the parking spaces. (Mr. Kozak's document was submitted to the file) Mr. Kozak stated that the boat trailer overhung the seawall and maneuvering was not accepting. Mr. Sedito commented that Mr. Kozak has raised a valid question, but this should be addressed at the Zoning Commission public hearing. Mr. Snook added that ZBA assumes the engineers plan works. Janet Buonaiuto felt the entire project should be presented because Phase II is a necessity for Phase I. First Selectman Sears disagreed, stating that Phase I can stand alone, the caretaker cottage will remain. Mr. Sedito explained that the ZBA is here to look at varying the Zoning Regulations for lot coverage; this has to do with the nature of the land. Mr. Catlin added that there would be a 10% increase in lot coverage. Tom McGowan distributed a document and spoke about Section 18.1.2 of the Zoning Regulations which governs a decision on an application for a variance. There were several other statements which Mr. Sedito stated were questions for the Zoning Commission. Brendan Bouquillon was concerned with losing the green space (picnic area). Mr. Sedito asked for further questions or comments.
Motion: to close ZBA-0704 request of Town of Washington, 59 East Shore Road, for a variance from Zoning Regulations 11.5.1a (lot coverage) and 17.4 (increasing non-conformity) for a parking lot for Lake Waramaug Boat Launch was made by Mr. Catlin, seconded by Ms. Roberts, by 5-0 vote.
MEETING
Ms. Roberts began by stating that she is troubled by Mr. Kozak's concern with the backing radius. Mr. Snook noted that when parking people will be doing so without boats on their trailers, but he is concerned with the public backing up. Mr. Sedito showed concern for the internal workings of the parking; if it doesn't work there will be red faces. Mr. Catlin stated that the list for hardship is long. Mr. Bowman felt the proposed is the ideal spot for the boat launch. Ms. Roberts stated that a professional engineer came up with the proposal and with the agreement it cannot be relocated or reconfigured; she is satisfied with the project and trusts that Zoning will look at all the details. Mr. Sedito ended by saying that ZBA is looking at lot coverage, an increase in impervious surface which deals with density and drainage, parking is not a density issue. Mr. Sedito went on to say that this is a routine application with a classic case of hardship. It is a unique parcel and other locations have been looked at.
Motion: to approve ZBA-0704 request of Town of Washington, 59 East Shore Road, for a variance from Zoning Regulations 11.5.1a (lot coverage) and 17.4 (increasing non-conformity) for a parking lot for Lake Waramaug Boat Launch as per map on file by David R. Wilson P.E. dated July 2006, by a 5-0 vote.
Motion: to approve a