The Town of Washington, Connecticut
Minutes: Zoning Board of Appeals
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www.WashingtonCT.org The Town of Washington, Connecticut Minutes: Zoning Board of Appeals |
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Posted: January 1 2009 December 18, 2008
Present: Polly Roberts, Brad Sedito, Todd Catlin, Randy Snook
Alternates: Roderick Wyant III
Absent: Kathy Leab, Georgia Middlebrook, Alt., Peter Bowman, Alt.
Staff: Shelley White
Others: Tammy Zinick, Dane Buell, Daniel, Dolores & Dillon Schiesel, Jim Dobson, Brian McKernan and Atty. Neil Marcus
Brad Sedito, Chairman called the meeting to order at 7:29 pm.
PUBLIC HEARING CONTINUED
7:29 pm
Seated: Brad Sedito, Polly Roberts, Todd Catlin, Randy Snook, Alt. Rod WyantZBA-0828 Request of Mark & Linda Conlon, 6 Valley Road, application for variance, zoning regulation 12.1.3 (watercourse setback for septic), 12.2.2 (Shepaug River setback), 11.6.1 (front yard setback, 12.1.1 (wetlands/watercourse setback), 17.4.a (increasing non conformity), for addition to existing barn and house and installation of new septic system.
Motion: to continue application ZBA-0828, Request of Mark & Linda Conlon, 6 Valley Road, for variance, zoning regulation 12.1.3 (watercourse setback for septic), 12.2.2 (Shepaug River setback), 11.6.1 (front yard setback, 12.1.1 (wetlands/watercourse setback), 17.4.a (increasing non conformity), for addition to existing barn and house and installation of new septic system, by Todd Catlin, seconded by Kathy Leab, by 5-0 vote.7:32
PUBLIC HEARING CONTINUED
Seated: Brad Sedito, Polly Roberts, Todd Catlin, Randy Snook, Alt. Rod WyantZBA-0835, Request of Dane & Karen Buell, 3 Findlay Road, application for variance, Zoning Regulation 12.1.2 (Aspetuck River setbacks), 12.1.3 (watercourse setback for septic), 17.4.a (increasing non conformity), to expand kitchen, construct addition and increase septic system.
Ms. Tammy Zinick from Permit Me Please and Mr. Dane Buell were present to represent this application. Ms. Zinick presented a Property Boundary Survey, prepared for Dane & Karen Buell, December 2008, by T. Michael Alex. She explained the proposed changes to the property and stated that the Inlands/Wetland Commission has approved the proposed plan. Ms. Zinick presented a letter from Susan Van Holt, Town Sanitarian that explains how the proposed subsurface sewage disposal system cannot be moved. The ZBA and Ms. Zinick discussed the reasons of why the system could not be relocated.Motion: to close the public hearing to consider ZBA-0835, Request of Dane & Karen Buell, 3 Findlay Road, application for variance, Zoning Regulation 12.1.2 (Aspetuck River setbacks), 12.1.3 (watercourse setback for septic), 17.4.a (increasing non conformity), to expand kitchen, construct addition and increase septic system, and add front yard setback, by Rod Wyant, seconded by Randy Snook, by 5-0 vote.
MEETING
Mr. Snook stated the existing house is small and the proposed additions are doubling the size of the dwelling. He understands the position of the house on the property and is in favor of this application. Ms. Roberts stated the house is on a decent size lot and is situated in between a river, watercourse and street. She states she would be in favor of the proposed addition as long as the dimensions are indicated on the A-2 Survey. Mr. Catlin stated he appreciates the new A-2 Survey and would also like to see the dimensions of the addition added to it. He sees the position of the house and its proximity to the river and watercourse as a hardship. He also expressed a concern for other proposed items that were indicated on the A-2 Survey that were not included on this application and wanted it clarified that these items would need to be applied for separately for approval. Mr. Wyant stated that he approves the application. Mr. Sedito stated he has no problem with this application. He indicated that the applicant would need to submit a revised A-2 survey with the exact dimensions and measurements of distances of the proposed addition and septic to the Aspetuck River.Motion: to approve ZBA-0835, Request of Dane & Karen Buell, 3 Findlay Road, application for variance, Zoning Regulation 12.1.2 (Aspetuck River setbacks), 12.1.3 (watercourse setback for septic), 17.4.a (increasing non conformity), to expand kitchen, construct addition and increase septic system, and add front yard setback, with the conditions; 1. That a revised A-2 survey showing the dimensions and location from the Aspetuck River and the brook, of the addition and the proposed septic and that it be submitted before the January 15th, 2009 ZBA Meeting and 2. Phase 2 project indicated on the A-2 survey will have to be applied for separately and are not approved on this application, by Rod Wyant, seconded by Randy Snook, by 5-0 vote.
8:05 PUBLIC HEARING
Seated: Brad Sedito, Polly Roberts, Todd Catlin, Randy Snook, Alt. Rod WyantZBA-0837, Request of Daniel and Dolores Schiesel, 6 Wheaton Road, petition for special exception, Zoning Regulation 11.6.1 (front/side yard setbacks) to reconstruct front porch & rear shed roof, raise roofline and change walls of screened porch, replace foundation of screened in porch and kitchen, reconstruct exterior stairs on barn.
Mr. Dan and Mrs. Dolores Schiesel were present to represent this application. The Schiesels presented a Property/Boundary Survey, prepared for Daniel and Dolores Schiesel, 6 Wheaton Road, by T. Michael Alex, dated December 2008. The ZBA Commissioners and the applicants looked at and discussed the existing and proposed structures. ‘Lori’ Schiesel explained the pictures that were taken of the existing foundation of the front porch. Mr. Catlin asked if the foundation was still usable. Mr. Schiesel stated it would be with a few repairs and that he was planning on putting a blue stone floor on the front porch. The Board Members and Schiesels discussed how the enclosure of the screened in porch in which the roof would be raised slightly to accommodate stairs that would meet code. A proper poured foundation would be replacing a wood foundation in the rear part of the kitchen. The Schiesels explained that they would like to reconstruct the outer stairs on the barn. Mr. Sedito asked how old the barn was. Mr. Schiesel stated it was early 1900’s and was a constructed Chestnut and had a poured foundation. Mr. Catlin asked if the staircase would be open. Mr. Schiesel confirmed. Mr. Sedito stated this was a good example of a special exception in that it allows for continued use of a dwelling, the changes are reasonable in scope and the barn has historical/cultural significance.Motion: to close the public hearing to consider ZBA-0837, Request of Daniel and Dolores Schiesel, 6 Wheaton Road, petition for special exception, Zoning Regulation 11.6.1 (front/side yard setbacks) to reconstruct front porch & rear shed roof, raise roofline and change walls of screened porch, replace foundation of screened in porch and kitchen, reconstruct exterior stairs on barn, by Todd Catlin, seconded by Randy Snook, by 5-0 vote.
MEETING
Mr. Wyant stated the application was pretty straightforward and the proposed changes would improve the property. Mr. Catlin read the Zoning Regulation, Section 17.5.2.c & 13.1.b and stated that the application supports the continued use of a family dwelling, it’s a modest improvement and it’s in keeping with the character of the house. Ms. Roberts stated all of the improvements are a reasonable restoration. Mr. Snook and Mr. Sedito agree and feel that it supports the continued use and that the barn has historic significance and will be improved and maintained.Motion: to approve ZBA-0837, Request of Daniel and Dolores Schiesel, 6 Wheaton Road, petition for special exception, Zoning Regulation 11.6.1 (front/side yard setbacks) to reconstruct front porch & rear shed roof, raise roofline and change walls of screened porch, replace foundation of screened in porch and kitchen, reconstruct exterior stairs on barn, by Randy Snook, seconded by Todd Catlin, by 5-0 vote.
8:21 pm
Mr. Catlin recused himself.PUBLIC HEARING
Seated: Brad Sedito, Polly Roberts, Randy Snook, Alt. Rod WyantZBA-0838, Request of Sean Baldwin, 123 Wykeham Road, petition for special exception, Zoning Regulation 12.14.1, 12.14.2 & 12.14.3 (installation of noise generating equipment) to install a pool pump against existing structure.
Mr. Jim Dobson of Dobson Pools and Mr. Brian McKernan, caretaker of the property were present to represent this application for the Baldwins. Mr. Dobson stated the Baldwins are requesting a 71 ft setback for the pool pump so that it would be against the existing garage. Mr. Dobson and the members of the ZBA looked at the Proposed Site Plan, prepared for Mr. Sean Baldwin, 123 Wykeham Road, revision dated October 2000, by Gilly Hinkel Architects. The site plan depicts the pool pump 41 ft. from the nearest property line and 71 ft. from the pool it services. Attorney Neil Marcus of Cohen & Wolf was present to represent the Levys, neighbors of the Baldwins. Atty. Marcus stated the pump has already been installed and the Levy’s were able to hear it running. Mr. Dobson stated it is the quietest pump on the market. Mr. McKernan stated they would be willing to box it in to make it even quieter. Atty. Marcus indicated the placement of the pump should be within 50 ft. of the pool and the reason the property owners do not want it there is because of aesthetics. Mr. Dobson stated he would move the pool pump if necessary but believes its noise would be elevated at if it were to be located out in the open within the 50 ft. setback. Atty. Marcus stated his client would be willing to take the chance and have the pool pump installed within the 50 ft setback. The Commissioners discussed the placement options with Mr. Dobson and Atty. Marcus. The ZBA, Atty. Marcus, and Mr. Dobson came to the conclusion the application should be withdrawn and reapplied for in the spring when the pool pump could be run. Mr. Dobson presented a note withdrawing the application.9:00 pm
OTHER BUSINESS
Seated: Brad Sedito, Polly Roberts, Todd Catlin, Randy Snook, Alt. Rod WyantMotion: to approve the ZBA Regular Meeting Minutes from September 18, 2008, by Polly Roberts, seconded by Rod Wyant
Mr. Sedito discussed the recommendations made by Marty Connor to the Board of Selectmen for the Land Use Office. Mr. Sedito went over the report by Mr.Connor and the members of the ZBA made suggestions. Mr. Sedito volunteered to draft a letter to the Board of Selectmen with the input and recommendations of the ZBA members regarding the report.
Motion: to adjourn at 9:15 pm by Mr. Snook, seconded by Mr. Catlin, by a 5-0 vote.
FILED SUBJECT TO APPROVAL:
Shelley White, Land Use Clerk
December 30, 2008
Posted: December 1, 2008 November 20, 2008
Present: Polly Roberts, Brad Sedito, Katharine Leab, Todd Catlin, Randy Snook
Alternates: Roderick Wyant III, Georgia Middlebrook, Peter Bowman
Absent:
Staff: Shelley White
Others: Brian Neff, Alison Melahn, David Mastriani, Ryan & Beth Fowler, Addie Roberts, Tammy Zinick
Brad Sedito, Chairman called the meeting to order at 7:27pm.
PUBLIC HEARING
7:27 pm
Mr. Sedito seated regular members, Polly Roberts, Katharine Leab, Todd Catlin, Randy Snook and himself.ZBA-0836, Request of Jennifer Bol, 44 Slaughterhouse Road, for variance to Zoning Regulation 12.1.1 (wetland setback), to build a deck.
Mr. Brian Neff, Engineer, was present to represent this application. Mr. Neff read the letter of explanation of hardship to the members of the ZBA. Mr. Sedito stated that Mr. Neff had received approval from Inlands/Wetlands. Mr. Snook asked for the size of the deck. Mr. Neff stated the proposed deck would be 9’4” by 22’8”. Ms. Roberts referred back to the photos of the property and asked Mr. Neff to verify the location of the deck.Motion: to close the public hearing to consider application ZBA-0826, Request of Jennifer Bol, 44 Slaughterhouse Road, petition for special exception, Zoning Regulation 17.4.a (increasing non conformity), 11.6.1 (front yard setback), to raise height of second floor and construct a deck, by Ms. Roberts, seconded by Mr. Snook, by a vote of 5-0.
MEETING
Mr. Sedito stated the application was straightforward. Mr. Catlin stated he agrees with Inlands/Wetlands. Ms. Roberts stated the deck was reasonable in scope and modest. Mr. Snook, Mr. Sedito, and Ms. Leab agree and are in favor of this application.
Motion: to approve application ZBA-0836, Request of Jennifer Bol, 44 Slaughterhouse Road, for variance to Zoning Regulation 12.1.1 (wetland setback), to build a deck, by 5-0 vote.
7:38
PUBLIC HEARING CONTINUEDSeated: Brad Sedito, Polly Roberts, Katharine Leab, Todd Catlin, Randy Snook
ZBA-0828 Request of Mark & Linda Conlon, 6 Valley Road, application for variance, zoning regulation 12.1.3 (watercourse setback for septic), 12.2.2 (Shepaug River setback), 11.6.1 (front yard setback, 12.1.1 (wetlands/watercourse setback), 17.4.a (increasing non conformity), for addition to existing barn and house and installation of new septic system.
Ms. White presented a letter requesting an extension for this application from Ms.Conlon.Motion: to continue application ZBA-0828, Request of Mark & Linda Conlon, 6 Valley Road, for variance, zoning regulation 12.1.3 (watercourse setback for septic), 12.2.2 (Shepaug River setback), 11.6.1 (front yard setback, 12.1.1 (wetlands/watercourse setback), 17.4.a (increasing non conformity), for addition to existing barn and house and installation of new septic system, by Todd Catlin, seconded by Kathy Leab, by 5-0 vote.
7:40 PUBLIC HEARING CONTINUEDSeated: Brad Sedito, Polly Roberts, Katharine Leab, Todd Catlin, Randy Snook
ZBA-0830, Request of Alison Melahn, 67 River Road, application for variance, Zoning Regulation 12.1.1 (wetlands/watercourse setback), 17.4.a (increasing non conformity), to construct 2nd story front shed dormer, rear shed overhang and garden shed. AND, ZBA-0831, Request of Alison Melahn, 67 River Road, petition for special exception, Zoning Regulation 11.6.1.b (interior lot setback) under section 17.5.a (granting a special exception), to add dormer and overhang to existing dwelling and construct a shed.
Ms. Melahn and Mr. David Mastriani were present to represent this application. Ms. Melahn presented the elevation drawing for the proposed. Mr. Catlin noted that the shed could not be approved as a special exception. The Commissioners looked at the site plans and elevation drawings with Ms. Melhan. Mr. Sedito noted the back corner of the proposed rear shed overhang was in question at the October hearing. Mr. Catlin asked if both abutting neighbors had responded. Ms. White confirmed the return receipt cards from both neighbors had been received. Ms. Melahn presented specifications and drawings of the garden shed. Mr. Sedito asked if there were any comments or questions from the public.Motion: to close the public hearing to consider application ZBA-0830, Request of Alison Melahn, 67 River Road, application for variance, Zoning Regulation 12.1.1 (wetlands/watercourse setback), 17.4.a (increasing non conformity), to construct 2nd story front shed dormer, rear shed overhang and garden shed, by Randy Snook, seconded by Todd Catlin, by 5-0 vote.
Motion: to close the public hearing for ZBA-0831, Request of Alison Melahn, 67 River Road, petition for special exception, Zoning Regulation 11.6.1.b (interior lot setback) under section 17.5.a (granting a special exception), to add dormer and overhang to existing dwelling, by Randy Snook, seconded by Todd Catlin, by 5-0 vote.
MEETING
Mr. Snook stated he did not have any concerns regarding the construction and location of the garden shed and the proposed shed dormer and rear overhang were reasonable in scope and he is in favor of this application. Mr. Catlin stated there is a land-based hardship. Ms. Roberts agrees with Mr. Catlin and believes the shed and the additions to the house will not disturb the watercourse. Ms. Leab agrees and stated it will make the house ‘less strange’. Mr. Sedito stated he agrees with the others and is in favor of this application.
Motion: to approve application ZBA-0830, Request of Alison Melahn, 67 River Road, application for variance, Zoning Regulation 12.1.1 (wetlands/watercourse setback), 17.4.a (increasing non conformity), to construct 2nd story front shed dormer, rear shed overhang and garden shed, by 5-0 vote.
Motion: to approve application ZBA-0831, Request of Alison Melahn, 67 River Road, petition for special exception, Zoning Regulation 11.6.1.b (interior lot setback) under section 17.5.a (granting a special exception), to add dormer and overhang to existing dwelling, by 5-0 vote.
7:58 pm
PUBLIC HEARINGSeated: Brad Sedito, Polly Roberts, Katharine Leab, Todd Catlin, Randy Snook
ZBA-0832, Request of Ryan Fowler, 24 School Street, petition for special exception, Zoning Regulation 11.6.1.c (front yard setback), under 17.5.a.1 (setbacks for a non conforming structure), to reconstruct dwelling.
Mr. & Mrs. Fowler were present to represent this application. Mr. Fowler explained that he is trying to rebuild his house that burnt down previously this year. Mr. Fowler explained the proposed house will not be built in the same manner, it will have a different footprint and the volume of the house will be decrease from 2150 sq. ft. to 1600 sq. ft. The Commissioners and Mr. Fowler looked at the proposed site plan. Mr. Sedito stated the site plan shows the proposed and existing footprints are significantly different. Ms. Roberts asked if the corner of the house closest to Washington Primary would be the same. Mr. Fowler confirmed. Mr. Snook stated the stone wall on the architectural renderings is not on the site plan. Mr. Fowler stated the wall was proposed and was not included on the site plan for that reason. Mr. Sedito stated the ZBA needs to approve a specific site plan. Mr. Bowman asked what was holding up the side of the house where the proposed wall was indicated on the renderings. Mr. Fowler stated the stone wall is part of the foundation. Ms. Leab explained the ZBA needs to know whether or not this wall is part of the house. Mr. Catlin agreed the information was not exact enough. The Commissioners stated the proposed stone wall is a significant element of the structure and the scale of the wall was overpowering and fortress-like. Mr. Catlin questioned if this should be a special exception. Mr. Sedito stated the architectural style was not in keeping with the neighborhood. Addie Roberts, neighbor to the Fowlers, stated that she has seen the plans and does not have a problem with the proposed house. She feels the area is not ‘pristine’ or designated as a Historical District and respects the Fowlers want to build a ‘green’ home. Mr. Catlin and Mr. Bowman stated the proposed house is very well designed. There was extensive discussion among the Commissioners as to whether this application could pass as a special exception and if it would be beneficial for Mr. Fowler to apply for a variance. Mr. Sedito questioned the hardship. Ms. Leab stated that it would be hard to build the house as it was because people live differently these days. The ZBA told Mr. Fowler he could adjust the design of the proposed house so that it was not within the setbacks or he could withdraw his application for a special exception and come back to ZBA with a variance and a more specific site plan. Mr. Fowler submitted a request for withdrawal.
8:45
PUBLIC HEARINGSeated: Brad Sedito, Polly Roberts, Katharine Leab, Todd Catlin, Randy Snook
ZBA-0834, Request of Michael Goedhuis, 27 South Street, petition for special exception, Zoning Regulation, 12.14.1, 12.14.3 (noise generating equipment), to install a generator.
Kurt St. John of Powerhouse was present to represent this application. The Commissioners examined and discussed the site plans and specifications of the generator to be installed. Ms. Roberts stated there was quite a distance to the next neighbor’s house. Mr. Sedito stated the sound to South Street would be buffered as the generator would be behind the garage. Mr. Snook stated he had no problem with the location of the generator but would suggest the ZBA to require a stockade fence around three sides of the generator, noting the fourth wall would be the garage. Mr. St. John stated that would not be a problem.Motion: to close the public hearing for ZBA-0834, Request of Michael Goedhuis, 27 South Street, petition for special exception, Zoning Regulation, 12.14.1, 12.14.3 (noise generating equipment), to install a generator, by Todd Catlin, seconded by Polly Roberts, by 5-0 vote.
MEETING
Mr. Catlin stated he had no problem with this application as long as the stockade fence was installed around the generator. Mr. Sedito agreed with Mr. Catlin and stated the fence should be 6ft. tall which would help with the noise. All other Commissioners were in agreement.
Motion: to approve application ZBA-0834, Request of Michael Goedhuis, 27 South Street, petition for special exception, Zoning Regulation, 12.14.1, 12.14.3 (noise generating equipment), to install a generator, by 5-0 vote.
8:55
PUBLIC HEARINGSeated: Brad Sedito, Polly Roberts, Katharine Leab, Todd Catlin, Randy Snook
ZBA-0835, Request of Dane & Karen Buell, 3 Findlay Road, application for variance, Zoning Regulation 12.1.2 (Aspetuck River setbacks), 12.1.3 (watercourse setback for septic), 17.4.a (increasing non conformity), to expand kitchen, construct addition and increase septic system.
Ms. Tammy Zinick from Permit Me Please was present to represent the Buells for this application. Ms. Zinick presented signed letters from the surrounding neighbors. The ZBA and Ms. Zinick examined the site plan. Mr. Catlin asked if there were any floor plans or elevation drawings. Ms. Zinick stated they were not available for this hearing. Ms. Roberts stated the septic and site plan need to be clarified and the application needs a proper, stamped A-2 survey. Mr. Sedito stated the ZBA needs elevation drawings, floor plans, a proper, stamped A-2 survey showing existing river and watercourses, driveway, septic existing and proposed structures.Motion: to continue application ZBA-0835, Request of Dane & Karen Buell, 3 Findlay Road, application for variance, Zoning Regulation 12.1.2 (Aspetuck River setbacks), 12.1.3 (watercourse setback for septic), 17.4.a (increasing non conformity), to expand kitchen, construct addition and increase septic system, by Mr. Catlin, seconded by Mr. Snook, by 5-0 vote.
9:25
OTHER BUSINESSMr. Sedito reviewed an invoice from Town Counsel.
Motion: to adjourn at 9:30 pm by Mr. Snook, seconded by Mr. Catlin, by a 5-0 vote.
FILED SUBJECT TO APPROVAL:
Shelley White, Land Use Clerk
Posted: November 10, 2008 October 30, 2008
Present: Polly Roberts, Brad Sedito, Katharine Leab, Todd Catlin, Randy Snook
Alternates: Roderick Wyant III, Georgia Middlebrook, Peter Bowman
Staff: Shelley White
Others: Ed & Zemma White, Attorney Gail McTaggart, Joanne Jacobson, Norman Drubner, Attorney Robert Hall
Brad Sedito, Chairman, called the meeting to order at 7:35 pm.
PUBLIC HEARING
7:35 pm
Mr. Sedito prefaced the hearing by stating that he had spoken with Mike Zizka, Attorney for the Town of Washington. Mr. Sedito explained his understanding is that the court found the evidence from the 2006 ZBA Hearing for this application to be sufficient enough for the ZBA to have found a hardship with the lot coverage. Mr. Sedito stated that the court remanded the case back to the ZBA to rehear two items related to this application. The first item being evidence related to self-created hardship. The second item being that the ZBA can affirm their finding of hardship, already on the record, not considering the 1988 variance.Mr. Sedito seated regular members, Polly Roberts, Katharine Leab, Todd Catlin, Randy Snook and himself.
ZBA-0627, Request of Ed & Zemma White, 6 Parsonage Lane, for variance, Zoning Regulation 11.5.1 (lot coverage), 17.4 (increasing non conformity), to construct a garage granted by a variance on September 29, 1988.
Attorney Gail McTaggart, Mr. Edmund & Mrs. Zemma Mastin White were present to represent this application. Atty. McTaggart, from Secor, Cassidy & McPartland, stated that she was representing the Whites for this appeal, remand, and application. Atty. McTaggart stated that the court requires that there is a limit to any new evidence and that only indicate any evidence that has already been submitted to the record concerning the hardship issue. Atty. McTaggart handed out a letter, dated October 30, 2008 (on file in Land Use Office) that directed the ZBA to the sections in the record that support the hardship. She distributed a copy of the Assessor’s Map. She stated the small size of the applicant’s lot (#10) compared to the surrounding lots is unique at .25 acres; the house was built in 1810, in a designated Historic District, and that the White’s property was the one of two houses in this area without a garage. Atty. McTaggart asked that the ZBA come to the conclusion to find there is a hardship because of lot size.
Mr. Sedito asked if the opposing attorney would like to respond.
Atty. Robert Hall, from Newtown, stated that he was representing Ms. Joanne Jacobson, 8 Parsonage Lane. Atty. Hall disagreed with the restriction of evidence that is allowed. He was prepared to show a chart that shows the assessment records for the 6 surrounding properties of 6 Parsonage Lane. Atty. McTaggart objected because this chart is not part of the existing record. Mr. Sedito agreed with Atty. McTaggart, citing the section of the letter from the Town of Washington’s Attorney, Mike Zizka, dated October 29, 2008 (on file). There was continued discussion between Atty. McTaggart, Atty. Hall and Mr. Sedito and the ZBA members regarding the understanding of the court’s remand. Mr. Sedito stated that the case was remanded back to ZBA to only hear self-created hardship and to affirm the ZBA’s decision from 2006 without consideration to the 1988 variance. Mr. Catlin said that the ZBA would not be accepting new evidence. Mr. Snook said the only issue is whether or not the hardship was self-created. Atty. Hall disagreed and stated that he intends to present this as an argument for any appeal that may come from this case. Atty. Hall said the letter from Atty. Zizka stated that the ZBA “need not accept new factual evidence”. He argued that it was the ZBA’s choice whether or not to hear new evidence pertaining to the argument. Mr. Sedito asked the ZBA members if the should take a vote to accept new evidence. The Members of the ZBA agreed that Judge Gallagher’s decision was straightforward and they are to focus on existing evidence and to affirm the decision in 2006 was not influenced by the 1988 granted variance.
Atty. Hall stated that every lot in the surrounding area is small and they all have the same problem. Mr. Bowman asked Atty. Hall to state the problem he was referring to. Atty. Hall said that all the lots are too small. Mr. Bowman stated that the White’s lot is substantially smaller than its surrounding lots. Atty. Hall stated that the White’s are substantially over the lot coverage regulation. Ms. Leab asked how many of these lots have garages. Mr. Snook stated that most of them have garages. Atty. Hall stated all but two. Mr. Sedito said the White’s lot is unique because it is small. Atty. Hall stated if someone has a small lot they do not have right to build something larger and this is not a legal argument for hardship.
Atty. Hall stated he would like to make an argument pertaining to the publication of the Town of Washington’s Legal Notices. He stated that the notices are published in the Voices Weekend Edition and he has never seen a copy of Voices for sale in any store and that this would come up in any appeal with this case. Mr. Sedito stated has discussed this with Atty. Zizka previously. Atty. Zizka informed Mr. Sedito that the availability of the Voices issue has never been litigated. Atty. Hall stated that he does not believe that it is a proper publication. Atty. McTaggart stated the technicality is that “it has to be a newspaper of general publication in the town”. Atty. Hall stated that this was a technical issue that he felt important to raise to the ZBA.
Atty. Hall presented an excerpt of the Testimony of Robert Parker, previous owner of 6 Parsonage Lane, from the May 14, 2008 hearing at the Superior Court in Litchfield with attached pictures of the existing house and the closed in garage (on file). Mr. Parker was the owner that closed in the existing garage to create a studio. Atty. Hall read parts of the excerpt. Atty. Hall argued that the self-created hardship is there was a garage and it was closed in to expand the house. Mr. Snook asked who made the renovations. Atty. Hall stated Mr. Parker made the renovations. Atty. Hall stated that the self-created hardship is subject to two or three of the previous property owners. Atty. Hall presented the deeds of the past three owners of 6 Parsonage Lane (on file). Mr. Sedito noted that a self-created hardship could exist prior to someone else buying the property. The Parkers converted the garage to a studio in 1977. Atty. Hall stated that the lot coverage regulation has remained consistent from 1977 to the present. He submitted a chart with to the lot coverage, and no increase in non-conformity and the regulations (on file). Atty. Hall submitted an amended 1983 version of the regulations for the record. He stated that the previous owner’s actions are binding on the Whites. Mr. Catlin asked Atty. Hall if his argument of a self-created hardship is based exclusively that there was a garage initially and it was enclosed at a previous date. Atty. Hall stated that the White’s hardship is not having a garage. Mr. Catlin stated that in the 2006 ZBA Meeting the hardship was found to be the size of the lot and the need for a garage.
Atty. Hall stated that the White’s have plans that indicate a second floor on the structure and there wasn’t any evidence submitted to the court regarding the second floor. Atty. McTaggart stated they are discussing lot coverage and expansion of non-conformity. Mr. Sedito asked Atty. Hall to confirm that his argument is the reason the hardship is self-created is because the garage was already there. Atty. Hall confirmed. The Board Members looked at the pictures of the dwelling supplied by Atty. Hall. Mr. Bowman asked if the previous garage was used as a garage and does it meet today’s standards for a garage. The ZBA and Atty. Hall discussed the dimensions of the original garage and determined it may have fit one car at the time. Mr. Sedito asked if Atty. Hall would like to add anything else. Atty. Hall declined.
Atty. McTaggart stated that it was argued in court that Mr. Parker could have asked for a variance to close in his garage and construct a new one. She read a brief excerpt from her letter to the Town of Washington ZBA, Dated October 30 (on file). In the excerpt, Atty. Zizka’s argument, at the hearing of May 14, 2008, supports her statement. Atty. McTaggart stated the house is and old historic house that has evolved, the footprint and lot coverage has remained the same and at one point there was a garage. Atty. McTaggart cited other cases in Connecticut in which lot coverage was the basis for hardship.
Atty. Hall stated a small lot doesn’t mean that you can build anything on that lot. Zoning regulations are meant to protect the town. He questioned the criteria for a hardship and stated that the proposed area for the garage is the only open area on the lot. Mr. Sedito asked if Atty. Hall agreed that a garage was necessary for this part of the country. Mr. Sedito explained that many areas of the country agree that a garage is a necessity. Atty. Hall stated that he believes it would depend on the type of lot. Atty. McTaggart concluded reading the last two paragraphs of her letter to the ZBA dated 10/30/08.
9:03 pm
Motion: to close the public hearing ZBA-0627, Request of Ed & Zemma White, 6 Parsonage Lane, for variance, Zoning Regulation 11.5.1 (lot coverage), 17.4 (increasing non conformity), to construct a garage granted by a variance on September 29, 1988, by Todd Catlin, Seconded by Randy Snook, by 5-0 vote.
MEETING
Mr. Sedito stated to the members that they could defer the ZBA’s decision for 65 days or they could discuss it now. All members agreed they had enough information to discuss the application. Mr. Sedito recapped the attorney’s arguments and the reason for the remand. Ms. Leab questioned if the issue was about garages or the lot size and what is on the lot. Mr. Sedito stated that the hardship is based on lot size and they are to determine whether or not it was self-created. Mr. Catlin stated that this building has evolved over the years and it is the ZBA’s charge to affirm the decision to grant a variance on lot coverage to “further the use of this property”. Mr. Snook recalled the Historic Commission approved the architect’s plans; the plans were consistent with the house and not readily visible from the street. Mr. Sedito stated the existing lot coverage is 34% and it will be an increase to 40%. Ms. Leab stated the Whites need the garage for lawn equipment, etc. Mr. Snook said that he drove by the property and there isn’t any place to put things like wheelbarrows and tires and that these are things that are “not good to look at in a historic district”. Mr. Catlin referenced Atty. Hall’s request that the ZBA should protect the Zoning Regulations, and by default protecting the town. Mr. Catlin stated, “However, one of the most important parts of the ZBA is to make a town functional and usable in this day and age…” He believes this is one instance that the Zoning Regulations need to be varied. Ms. Roberts remembers discussing this application in 2006 and states that the hardship issue was discussed at length and was comfortable with the decision to grant the variance. She stated that she understands Atty. Hall’s argument but does not accept that hardship is self-created. She affirmed the decision from 2006 and stated that the 1988 variance did not influence her. Mr. Sedito stated that the garage that was built with the house would not fit a car or meet today’s standards if it was to be reappointed as one and he does not feel that was self-created. Mr. Catlin agrees with the decision in 2006 and the 1988 variance has not influenced him. Ms. Leab agrees that a home evolves over time and that this case is not a self-created hardship. Mr. Snook is in favor and stated that the 1988 variance has not influenced his decision. Mr. Sedito does not agree that this was self-created and the 1988 variance does not influence his decision. Mr. Catlin stated, in closing, that he is very fond of the Town of Washington and this application ‘presents a difficult situation’. He expressed that he hopes the neighbors will be able to work through it and that the ZBA Members are volunteers and no one is favored.
Motion: to approve ZBA-0627, Request of Ed & Zemma White, 6 Parsonage Lane, for variance, Zoning Regulation 11.5.1 (lot coverage), 17.4 (increasing non conformity), to construct a garage granted by a variance on September 29, 1988, by 5-0 vote.
9:30 pm
Motion: to adjourn at 9:30 pm by Mr. Catlin, seconded by Mr. Snook, by a 5-0 vote.FILED SUBJECT TO APPROVAL:
Shelley White, Land Use Clerk
November 6, 2008
Posted: October 23, 2008 October 16, 2008
Zoning Board of Appeals Minutes - October 16, 2008Present: Polly Roberts, Brad Sedito, Katharine Leab, Todd Catlin, Randy Snook
Alternates: Roderick Wyant III, Georgia Middlebrook
Absent: Alt. Peter Bowman
Staff: Shelley White
Others: Diane Dupuis, Brian Neff, Karen Silk, Jim Kelly, Paul Szymanski, Linda & Mark Conlon, Mr. & Mrs. Timothy Coakley, Bob Wilson, Margaret Grimes, Alison Melahn
Brad Sedito, Chairman called the meeting to order at 7:32pm.
PUBLIC HEARING
7:32 pm
Mr. Sedito seated regular members, Polly Roberts, Katharine Leab, Todd Catlin, Randy Snook and himself.ZBA-0826, Request of Jennifer Bol, 44 Slaughterhouse Road, petition for special exception, Zoning Regulation 17.4.a (increasing non conformity), 11.6.1 (front yard setback), to raise height of second floor and construct a deck.
Mr. Brian Neff, Engineer, was present to represent this application. Mr. Neff read the letter of explanation to the members of the ZBA. Mr. Sedito stated that the attached garage had been approved previously and asked how many bedrooms the house has. Mr. Neff stated it would stay a two bedroom house because the septic could not be enlarged due to the proximity of wetlands. Mr. Catlin asked if this plan had been to the Inlands/Wetlands Commission. Mr. Neff confirmed that it had and that it was approved. Mr. Sedito questioned why the applicant did not apply for a variance to the wetland setback for the deck as well. Mr. Sedito stated that the special exception could be granted as long as the applicant obtained a variance for the wetland setback. Mr. Sedito asked the height of the proposed and existing roof. Mr. Neff stated that the existing roof is 24.4 ft. and the proposed is 28.3 ft. He stated the existing pitch of the roof is 6/12 and proposed pitch is 12/12. Mr. Neff stated the increase to the height of the house would be 7.9 ft. Ms. Roberts questioned the difference in height of the back dormer to the front dormer. Mr. Neff stated it was for the height and that the back dormer is over the master bedroom while the front dormer is over a stairway. Ms. Roberts stated that it looks awkward. Mr. Catlin asked if the house was going to be torn down and reconstructed. Mr. Neff said that the existing house is going to be renovated. Mr. Sedito asked for the existing and proposed square footage. Mr. Neff stated the existing square footage is 1298 sq.ft. and the proposed is 1738 sq.ft. Mr. Catlin referred to section 13.1.b standards and that part of the special exception is that the renovations are in keeping with the existing building and the appearance. Mr. Catlin stated that if the roof were to be dropped by 1 ft. the view would be more pleasing from the street. Ms. Roberts stated that the special exception could be approved with the contingency that the roof pitch of the back dormer is changed to match the front gable. Mr. Neff stated that he thought the applicant would be agreeable to this request. Mr. Sedito stated that the ZBA would like to see revised elevation drawings and for the applicant to obtain a variance for the wetland setback at the November ZBA Meeting. Mr. Sedito asked if there were any more questions from the commissioners or the public. Ms. Karen Silk, mother of Jennifer Bol stated that the cottage would be kept simple and made more “commodious” with the proposed improvements.
Motion: to close the public hearing to consider application ZBA-0826, Request of Jennifer Bol, 44 Slaughterhouse Road, petition for special exception, Zoning Regulation 17.4.a (increasing non conformity), 11.6.1 (front yard setback), to raise height of second floor and construct a deck, by Ms. Roberts, seconded by Mr. Snook, by a vote of 5-0.
MEETING
Mr. Catlin stated he was in favor the petition for special exception as long as the pitch of the roof was revised and the applicant obtains the variance for the wetland setback. Ms. Leab agrees with Mr. Catlin. Ms. Roberts stated that it is a good candidate for a special exception and the house will remain modest with the proposed renovations. Mr. Snook stated that it seems to meet all the requirements of the special exception. Mr. Sedito agrees with Mr. Snook.
Motion: to approve ZBA-0826, Request of Jennifer Bol, 44 Slaughterhouse Road, petition for special exception, Zoning Regulation 17.4.a (increasing non conformity), 11.6.1 (front yard setback), to raise height of second floor and construct a deck with the following contingencies: reduction in height of rear dormer to match front dormer, present revised elevation drawing at the November ZBA Meeting, obtain a variance for wetland setback for the deck, by a vote of 5-0.
7:58 pm
Seated: Brad Sedito, Polly Roberts, Katharine Leab, Todd Catlin, Randy SnookPUBLIC HEARING
ZBA-0827, Request of Dale & Marvin Meltzer, 19 Rabbit Hill Road, petition for special exception, Zoning Regulation 17.5.a.1 (front setback), to construct a front terrace and installation of air conditioner compressor.
Attorney, Jim Kelly was present to represent this application for Dale and Marvin Meltzer. Mr. Kelly presented pictures of the site. He reminded the Commission that the Meltzer had been granted a special exception in 2004. Mr. Mike Ajello, ZEO, had inspected the site and noticed some discrepancies with the approved plan and the existing structures. Mr. Kelly and the Commissioners looked at site plans that indicated the location of the air conditioner compressor and the front terrace. The terrace and air conditioner compressor have been installed. Mr. Kelly stated that the Meltzers take full responsibility and didn’t realize that it these items needed to be approved. Mr. Sedito stated that he had visited the site and the compressor cannot be seen from the road. Ms. Leab stated that the installation of this compressor and other noise generating equipment prior to approval has been happening more frequently. Mr. Sedito asked if there were any other questions or comments from the Commissioners or the public.
Motion: to close the public hearing to consider application ZBA-0827, Request of Dale & Marvin Meltzer, 19 Rabbit Hill Road, petition for special exception, Zoning Regulation 17.5.a.1 (front setback), to construct a front terrace and installation of air conditioner compressor, by Ms. Roberts, seconded by Ms. Leab, by 5-0 vote.
MEETING
Mr. Sedito informed the Commissioners need to look at this application as if the terrace and compressor have not been installed. Ms. Leab stated that the approved “snapshot” was not followed. Mr. Catlin stated that he was not sure if the air conditioner compressor meets the need of a special exception. There was a discussion among the Commissioners about whether or not the compressor was a structure or not. Ms. Roberts stated that the compressor is not as noisy as a generator. Mr. Sedito stated that if this had come to the ZBA pre-installation they would have probably had to move it. Mr. Catlin stated that the terrace is an improvement to the house. Mr. Snook stated that he could understand why the applicants could have thought these installations were okay because the compressor is close to the house and within the setback. Mr. Sedito stated that it should have been part of the drawings with the 2004 application. Ms. Roberts statd that she had no problem with the compressor but is annoyed with that the patio was already built without approval. Mr. Sedito stated that the terrace is a marginal reason for continued use of the house but is aesthetically pleasing and he is reluctantly in favor.
Motion: to approve ZBA-0827, Request of Dale & Marvin Meltzer, 19 Rabbit Hill Road, petition for special exception, Zoning Regulation 17.5.a.1 (front setback), to construct a front terrace and installation of air conditioner compressor, by 5-0 vote.
PUBLIC HEARING
8:20 pm
Seated: Brad Sedito, Polly Roberts, Katharine Leab, Todd Catlin, Randy SnookZBA-0828, Request of Mark & Linda Conlon, 6 Valley Road, application for variance, Zoning Regulation 12.1.3 (watercourse setback for septic), 12.1.2 (Shepaug River setback), 11.6.1 (front yard setback), 12.1.1 (wetlands/watercourse setback), 17.4.a (increasing non conformity), for addition to existing barn and house and installation of new septic system.
Paul Szymanski, Engineer, Mark and Linda Conlon were present to represent this application. Mr. Szymanski gave the Commissioners an overview of the project. Mr. Sedito asked if any of the house was in the front yard setback. Mr. Szymanski replied, “No.” Mr. Sedito asked if the Conlons had a usable garage or if they were parking their cars on the driveway. Mr. Szymanski stated they did not have a usable garage. Mr. Szymanski stated that the existing barn will be made into a usable garage and a studio and would the setback would not change with this structure. Mr. Sedito asked if Inlands/Wetlands had approved this plan. Mr. Szymanski said that it has not. Mr. Szymanski stated the proposed septic is further away from the watercourse than the existing septic and they are planning on removing an existing shed which is close to the watercourse. He stated that there are two existing wells on the property and one of which will be abandoned. Everything is within 200 ft of the Shepaug River. Mr. Sedito asked if there were any elevation drawing of the proposed new house. Mr. Szymanski stated that they do not have the drawings yet and that the proposed house will be limited in size to 2500 sq. ft. Mr. Sedito stated that it would be more helpful to have the elevation drawings. Mark Conlon presented the proposed floor plan. Ms. Roberts pointed out a discrepancy between the site plan and the floor plan. Ms. Leab stated that the ZBA could only approve a specific plan. Mr. Catlin stated that the plans were “vague.” Mr. Sedito requested that pictures of the area between the house and the river and the barn and the river are important and that the views from the river must be maintained. Mr. Conlon asked if the elevation drawings would be able to answer the ZBA’s questions. Mr. Sedito said that they would need elevation drawings of the barn, and house. Ms. Roberts asked if the barn was going to be renovated. Mr. Szymanski stated that it will be knocked down and rebuilt. Mr. Sedito stated that the studio is a separate issue and that a garage is seen as necessary. Mr. Sedito stated that the porch is an expansion of an existing building and would like to see it as a special exception. Ms. Roberts asked if the studio and garage could be flipped so that the structure would be further away from the river. Mr. Szymanski stated that part of the plan was to maintain the existing view from the roadway. Mr. Sedito asked if there were any more questions from the Commissioners or the public. Mr. Tim Coakley, neighbor to the Conlons stated he was okay with the proposed plans.
Motion: to continue the public hearing to consider application ZBA-0828, Request of Mark & Linda Conlon, 6 Valley Road, application for variance, Zoning Regulation 12.1.3 (watercourse setback for septic), 12.1.2 (Shepaug River setback), 11.6.1 (front yard setback), 12.1.1 (wetlands/watercourse setback), 17.4.a (increasing non conformity), for addition to existing barn and house and installation of new septic system, by Mr. Catlin, seconded by Ms. Roberts, by 5-0 vote.
PUBLIC HEARING
8:45 pm
Seated: Brad Sedito, Polly Roberts, Katharine Leab, Todd Catlin, Randy SnookZBA-0829, Request of Margaret Grimes, 27 Wykeham Road, application for variance, Zoning Regulation 17.4.a (increasing non conformity), 11.6.1.c (side & front yard setback), to expand attic.
Mr. Bob Wilson and Ms. Margaret Grimes were present to represent this application. Mr. Wilson explained that the roof needs to be replaced and Ms. Grimes would like to make the attic studio larger in the process. Mr. Sedito asked why this wasn’t a special exception. Ms. Roberts stated that this was an originally a variance that was approved. Mr. Sedito stated that the applicant was previously approved for a shed dormer and now looking for approval of a reverse gable. The Commissioners looked at the plans. Ms. Roberts asked why the plan was changed. Ms. Grimes stated that a gable would bring would enable a window that would provide more light which is important for her painting. Her roof now has a tarp on it. Mr. Catlin stated that Ms. Grimes would have less room with a gable. Ms. Grimes stated that the light was important to her. Mr. Sedito asked if there were any questions from the Commission or the public.
Motion: to close the public hearing to consider application ZBA-0829, Request of Margaret Grimes, 27 Wykeham Road, application for variance, Zoning Regulation 17.4.a (increasing non conformity), 11.6.1.c (side & front yard setback), to expand attic, by Mr. Sedito, seconded by Ms. Leab, by 5-0 vote.
MEETING
Mr. Snook stated that the application seemed pretty straight forward. Ms. Roberts stated that the obvious hardship is the size of the house and questioned whether the applicant needs to rescind the previous variance. Ms. Leab agrees with Ms. Roberts. Mr. Catlin stated that this property has a lot of zoning issues and he does not have a problem with it. Mr. Sedito stated that this could have come in as a special exception.
Motion: to approve application ZBA-0829, Request of Margaret Grimes, 27 Wykeham Road, application for variance, Zoning Regulation 17.4.a (increasing non conformity), 11.6.1.c (side & front yard setback), to expand attic, by 5-0 vote.
PUBLIC HEARING
8:55 pm
Seated: Brad Sedito, Polly Roberts, Katharine Leab, Todd Catlin, Randy SnookZBA-0830, Request of Alison Melahn, 67 River Road, petition for special exception, Zoning Regulation 11.6.1.b (interior lot setback) under section 17.5.a.1 (granting special exception), to add a dormer, bay window and overhang to existing dwelling and construct a shed.
Ms. Melahn was present to represent this application. Ms. White state that Ms. Melahn had been to the Inlands/Wetlands Commission was approved. Ms. Melahn and the Commissioners looked at the proposed plan. The Commissioners asked questions about the ceiling height on the existing 2nd floor. Mr. Snook asked if there were any elevation drawings. Ms. Melahn stated that she did not have any. The Commissioners stated that they needed the elevations and dimensions. Mr. Snook stated there is not enough information for the Commission to approve this application. Mr. Catlin stated that it is necessary that the Commission approve something specific. Mr. Sedito suggested that the special exception be continued to the November ZBA meeting and that Ms. Melahn needs to provide the proposed elevations, dimensions for the house and the garden shed.
Motion: to continue the public hearing to consider application ZBA-0830, Request of Alison Melahn, 67 River Road, application for variance, Zoning Regulation 12.1.1(wetlands/watercourse setbacks), 17.4.a (increasing non conformity), to construct 2nd story front shed dormer, rear shed roof overhang & garden shed, by Mr. Catlin, seconded by Ms. Leab, by 5-0 vote.
Motion: to continue the public hearing to consider application ZBA-0831, Request of Alison Melahn, 67 River Road, petition for special exception, Zoning Regulation 11.6.1.b (interior lot setback) under section 17.5.a.1 (granting special exception), to add a dormer, bay window and overhang to existing dwelling and construct a shed, by Mr. Catlin, seconded by Ms. Leab, by 5-0 vote.
OTHER BUSINESS
Mr. Sedito reviewed an invoice from Town Counsel.
Mr. Sedito asked the Commissioners if they had any corrections or additions to the September 18, minutes.Motion: to approve the ZBA Regular Meeting Minutes from September 18, 2008.
Motion: to adjourn at 9:30 pm by Mr. Catlin, seconded by Mr. Snook, by a 5-0 vote.
Shelley White, Land Use Clerk
October 22, 2008
Posted: September 26, 2008 September 18, 2008
Present: Polly Roberts, Brad Sedito, Todd Catlin
Alternates: Georgia Middlebrook, Roderick Wyant III
Absent: Randolph Snook, Alt. Georgia Middlebrook, Alt. Peter Bowman
Staff: Shelley White
Others: Stephanie Trzyna, Peter Herbst, Robert Slaymaker, Dennis McMorrow, Tammy Marquis, Greg Esker
Brad Sedito, Chairman called the meeting to order at 7:31pm.PUBLIC HEARING
7:32 pm
Mr. Sedito seated regular members Polly Roberts, Todd Catlin, himself, Alt. Rod Wyant and Alt. Georgia Middlebrook.
ZBA-0821, Request of Brinkmann, 50 Orchard Lane, petition for special exception, Zoning Regulation 12.14.1, 12.14.3(noise generating equipment) to install generator.
Ms. Stephanie Trzyna from Stephen Lasar, Architects was present to represent Alice and Klaus Brinkmann of 50 Orchard Lane. Ms. Trzyna presented a map titled Property Boundary Survey, 50 Orchard Lane, by T. Michael Alex, dated 8/31/08. Ms. Trzyna explained that the Brinkmanns would like to place the generator an additional 70 feet to the east of the 25 foot maximum line. It will be installed in an existing valley and rock wall. The generator will be closest the neighbors west of the property that are 3200 feet away.
Mr. Sedito asked to see the specs on the generator.
Ms. Roberts said the position of the generator will have less impact on the neighbors.
Motion: to close the public hearing to consider application ZBA-0821, Request of Brinkmann, 50 Orchard Lane, application for special exception, Zoning Regulation 12.14.1, 12.14.3 (noise generating equipment) to install generator, by Rod Wyant, seconded by Todd Catlin, by a vote of 5-0
MEETING
Mr. Catlin stated that he would rather see the generator in a building. He feels that it is positioned to have less impact on the neighbors.
Mr. Wyant agrees with Mr. Catlin and supports the application.
Ms. Roberts agrees and believes that the generator is well sited.
Mr. Sedito & Ms. Middlebrook agree and are in support of the application.
Motion: to approve application ZBA-0821, Request of Brinkmann, 50 Orchard Lane, application for special exception, Zoning Regulation 12.14.1, 12.14.3 (noise generating equipment) to install generator, by a vote of 5-0.
7.41 pm
Mr. Sedito seated regular members Polly Roberts, Todd Catlin, himself, Alt. Rod Wyant and Alt. Georgia Middlebrook.
PUBLIC HEARING
ZBA-0822 Request of Marquis, 104 Blackville Road, petition for special exception, Zoning Regulation 11.6.1.c (front and rear setback), 17.4.a (increasing non conformity), for construction of deck.
AND
ZBA-0823, Request of Marquis, 104 Blackville Road, application for variance, Zoning Regulation 11.5.1.a (lot coverage), 12.1.1 (watercourse setback), 17.4.a(increasing non conformity), for construction of deck.
Ms. TammyAnn Marquis was present to represent this application. She presented drawings and photos of the existing deck. She also presented a map prepared for Lynn M. & Russell Mackie, dated August 1, 1991, Linwood R. Gee & Son Inc.
It was noted by Mr. Sedito that the coverage of the lot was roughly the same.
Mr. Catlin asked what was under the deck and asked if the deck was no closer to the watercourse than the previous shed that was there.
Ms. Marquis stated that there was a slab and that the deck is the same distance from the watercourse as the shed was. Ms. Marquis stated that she had been to the Inlands/Wetlands Commission and was approved.
Mr. Sedito looked at the site map and took measurements.
The Commissioners examined the site map and ask questions regarding the set backs.
Mr. Sedito stated that the Commission prefers to have a hearing before the work is done, yet, there is an obvious hardship with the size of the lot.
Mr. Terry Tiernan, of 109 Blackville, stated that he is in favor of the application, and that the deck was an improvement as far as looks and safety.
Motion: to close the public hearing to consider application ZBA-0822 Request of Marquis, 104 Blackville Road, petition for special exception, Zoning Regulation 11.6.1.c (front and rear setback), 17.4.a (increasing non conformity), for construction of deck, by Rod Wyant, seconded by Polly Roberts, by vote of 5-0.
Motion: to close the public hearing to consider application ZBA-0823, Request of Marquis, 104 Blackville Road, application for variance, Zoning Regulation 11.5.1.a (lot coverage), 12.1.1 (watercourse setback), 17.4.a(increasing non conformity), for construction of deck., by Rod Wyant, seconded by Polly Roberts, by vote 5-0.
MEETING
Ms. Roberts stated, in regard to the request for the special exception, that the deck is reasonable in scope and there is not much one could do because of the size of the lot. Regarding the variance, Ms. Roberts stated that the physical location of the property and the fact that it is 1/10th of an acre, sandwiched between Mallory Brook and the road is a hardship.
Mr. Wyant agrees with Ms. Robert and believes the small size and location of the lot is a hardship.
Mr. Catlin stated that he does not have a problem with these applications that it supports continued use and the property is difficult because of the size and Ms. Marquis has the support of her neighbors.
Ms. Middlebrook agrees with the other commissioners and says that the deck improves the use of the house as well as the appearance.
Mr. Sedito agrees the deck continues the use of a family dwelling and is reasonable in scope. Regarding the variance, he stated that it predates zoning and there is a small increase in lot coverage and Inland/Wetlands approved the deck, and he is in favor.
Motion: to approve application ZBA-0822 Request of Marquis, 104 Blackville Road, petition for special exception, Zoning Regulation 11.6.1.c (front and rear setback), 17.4.a (increasing non conformity), for construction of deck, by vote of 5-0.
Motion: to approve application ZBA-0823, Request of Marquis, 104 Blackville Road, application for variance, Zoning Regulation 11.5.1.a (lot coverage), 12.1.1 (watercourse setback), 17.4.a(increasing non conformity), for construction of deck, by 5-0 vote.
7:59 pm
Mr. Sedito seated regular members Polly Roberts, Todd Catlin, himself, Alt. Rod Wyant and Alt. Georgia Middlebrook.
PUBLIC HEARING
ZBA-0824, Request of Puertas, 72 Horse Heaven Road, petition for special exception, Zoning Regulation 12.14.1, 12.14.3 (noise generating equipment), to install a generator.
Mr. Greg Esker was present to represent Mr. Miguel Puertas of 72 Horse Heaven Road. Mr. Esker explained that the generator has already been installed and he presented pictures of the site of installation. The generator has been installed 32 feet away from the house between the garage and a large boulder that acts as a natural barrier.
The Commissioners examined the Site Analysis Plan, dated September 2003, prepared by T. Michael Alex.
Mr. Esker stated that the generator has been in used since October of 2007 to use during construction of the home and none of the neighbors have complained. Mr. Esker stated that the only other place to put the generator would be next to the garage and that would throw more noise out and disturb the neighbors.
Mr. Sedito stated that as long as it operates below 70 decibels it is okay.
Motion: to close the public hearing to consider application ZBA-0824, Request of Puertas, 72 Horse Heaven Road, petition for special exception, Zoning Regulation 12.14.1, 12.14.3 (noise generating equipment), to install a generator, by Polly Roberts, seconded by Rod Wyant, by 5-0 vote.
MEETING
Ms. Middlebrook stated that it was well thought out and placed and is in favor.
Mr. Catlin stated that he has no problem with the location but he was not happy that it was installed before approval. Mr. Catlin stated that he is not in favor of this application for this reason.
Mr. Wyant is in favor and thinks the generator is well positioned.
Ms. Roberts agrees with Mr. Catlin and thinks there should be a penalty but she is satisfied with the position of the generator and is in favor.
Mr. Sedito stated that he would like to further discuss the possibility of a penalty. He stated that he is looking at the application as if it was not installed and believes that it is properly placed and is satisfied because the neighbors have not complained.
Motion: to approve application ZBA-0824, Request of Puertas, 72 Horse Heaven Road, petition for special exception, Zoning Regulation 12.14.1, 12.14.3 (noise generating equipment), to install a generator, by 4-1 vote, Todd Catlin was not in favor.
8:15 pm
PUBLIC HEARING
Mr. Sedito seated regular members Polly Roberts, Todd Catlin, himself, Alt. Rod Wyant and Alt. Georgia Middlebrook.
ZBA-0825, Request of Slaymaker, 17 Sunset Lane, application for variance, Zoning Regulation 12.1.1, 12.1.3 (wetland and watercourse setback), to build new home and septic system.
Attorney Peter Herbst, Mr. Robert Slaymaker and Mr. Dennis McMorrow, engineer, were present to represent this application. Attny. Herbst stated that the property is 88%-90% wetlands. The house was constructed in 1944 and is 384 sq. ft. Attny. Herbst stated that the proposed improvements have been approved by Inlands/Wetlands Commission. Both the house and the septic system are within wetlands.
Mr. Slaymaker is proposing to put in a new septic system in a location that will be out of wetlands and a newly constructed house that will less direct impact to the wetlands, closer to the road and modestly larger at 1400 sq. ft. The old house will be torn down and the property owner has a wetlands restoration plan that has been approved by the Inlands/Wetlands Commission.
Mr. Sedito pointed asked if there were plans for a garage. Mr. Slaymaker stated there were not.
Motion: to close the public hearing to consider application ZBA-0825, Request of Slaymaker, 17 Sunset Lane, application for variance, Zoning Regulation 12.1.1, 12.1.3 (wetland and watercourse setback), to build new home and septic system, by Polly Roberts, seconded by Rod Wyant, by 5-0 vote.
MEETING
Mr. Catlin stated that the existing home is very small, there will be an improvement of wetlands by moving the house and septic system and the proposed new construction is modest and in a better location and he is in favor of the application.
Mr. Wyant stated that the plans were well thought out and he is in favor.
Ms. Roberts agrees that the proposed house is very modest and the septic system is in a better spot.
Ms. Middlebrook stated that this property poses a definite hardship and the location of the leaching field is an improvement.
Mr. Sedito stated that the proposed plan is a definite improvement and is satisfied if Inlands/Wetlands approve it.
Motion: to approve application ZBA-0825, Request of Slaymaker, 17 Sunset Lane, application for variance, Zoning Regulation 12.1.1, 12.1.3 (wetland and watercourse setback), to build new home and septic system, by 5-0 vote.
8:29 pm
OTHER BUSINESS
The Commissioners discussed how many applications were scheduled for hearing for the October 18th meeting.
Mr. Sedito suggested that the Board rehear ZBA-0627, White, 6 Parsonage Lane application on a separate date.
Ms. White is to poll ZBA Commissioners to see if they are available.
Mr. Sedito asked if the Commissioners had any questions on the White/Jacobson ruling.
8:50 pm
Motion: to adjourn at 8:50 pm by Mr. Wyant, seconded by Ms. Roberts, by a 5-0 vote.Submitted subject to approval,
Shelley White, Land Use Clerk
Posted: September 4, 2008 August 21, 2008
Present: Polly Roberts, Brad Sedito, Katharine Leab
Alternates: Peter Bowman, Roderick Wyant III
Absent: Todd Catlin, Randolph Snook, Alt. Georgia Middlbrook
Staff: Shelley White
Others: Rob Sanders, Architect, Brian Neff, Andrea Peters, Alan Organschi, Slate Mills
Brad Sedito, Chairman called the meeting to order at 7:32pm.
PUBLIC HEARING
Mr. Sedito seated regular members Polly Roberts, Katharine Leab, himself, Alt. Rod Wyant and Alt. Peter Bowman.
ZBA-0815, Request of Pistone, 122 Blackville Road, application for special exception, Zoning Regulation 17.5.a.1 (setbacks), 11.6.1.b (interior lot) to reconstruct residence on existing foundation.
Rob Sanders of Rob Sanders Architects present to represent Mr. Dennis and Mrs. Nancy Pistone’s application. Mr. Sander presented pictures of the current residence and a Site Plan dated July 16, 2008, titled Reconstructed Residence, 122 Blackville Road, Washington, CT, by Rob Sanders Architects, LLC. Mr. Sedito asked if the footprint of the dwelling would be changed. Mr. Sanders stated that it will not but there will be a volume change. Mr. Sanders stated that the existing house is 24’ x 24’ on a .93 acre non conforming lot and that the dwelling will go from 900 sq. ft. dwelling to a 1300 sq. ft. dwelling. Mr. Sedito asked if the existing dwelling foundation will be used. Mr. Sanders stated that it would but they would add another course of block to it. Ms. Roberts pointed out that the well is directly behind the house and the septic is in front of the house. Mr. Sedito asked why the house could not be moved back. Mr. Sanders stated that they did not want to move the foundation and cause more site disturbance as well as increasing cost of the project. Mr. Sedito asked for the current set back. Mr. Sanders stated it was 46 ft. Mr. Sanders and the Commissioners looked at Sheet A-2, titled Elevations, dated April 1, 2008 by Rob Sanders Architects. Mr. Sedito asked if there were anymore questions.
Motion: to close the public hearing to consider application ZBA-0815,Request of Pistone, 122 Blackville Road, application for special exception, Zoning Regulation 17.5.a.1 (setbacks), 11.6.1.b (interior lot) to reconstruct residence on existing foundation, by Mr. Wyant, seconded by Ms. Roberts, by a vote of 5-0
MEETING
Mr. Wyant stated that he believes the applicant is trying to keep things affordable and not change the existing layout of the property and he supports the project. Mr. Bowman stated he has no objections to the project. He believes that moving the structure would cause more problems and that this seems to be the best plan. Ms. Leab stated that it seems to be a reasonable plan and it will not be a dramatic difference in looks and she is in favor of the project. Ms. Roberts agrees with Mr. Bowman and believes it is best to not move the structure as it would cause more problems. Mr. Sedito stated that he is in favor and believes that it fits the definition of a special exception of the Zoning Regulations.
Motion: to approve ZBA-0815, Request of Pistone, 122 Blackville Road, application for special exception, Zoning Regulation 17.5.a.1 (setbacks), referencing 11.6.1.b (interior lot) to reconstruct residence on existing foundation, by a vote of 5-0.
Mr. Sedito seated regular members Polly Roberts, Katharine Leab, himself, Alt. Rod Wyant and Alt. Peter Bowman.
PUBLIC HEARING
ZBA-0817, Request of Bol, 44 Slaughterhouse Road, application for variance, Zoning Regulation 11.6.1 (setbacks), 12.1.1 (wetlands/watercourse setback), to construct garage and deck.
Mr. Brian Neff, Engineer was present to represent Ms. Jennifer Bol’s application. Mr. Neff and the commissioners looked at the Proposed Site Plan, revised date of May 3, 2008, titled Addition to the Bol Residence, by Brian Neff and a survey map of the property, prepared for James Fontaine and Phillip Manno, by Robert L. Hock Licensed Surveyor LLC, dated May 9, 2005. Mr. Neff pointed out that the majority of the site is wetlands. Mr. Sedito asked if the proposed garage is 13.5 ft. from the property line and stated that the existing garage is already non conforming. Mr. Neff said they plan to demolish the existing garage and are proposing a 1 car garage with a roof connector to the house. The proposed deck is on the inside eastern corner of the house. Mr. Neff said that the proposed deck is in the front setback and the wetlands setback. Mr. Neff stated that Inlands/Wetlands have approved both the plans for the garage and the deck. Mr. Neff stated that the garage is 36.5 ft. away from the wetlands and that the lot is unusual because of the wetlands on the property. Mr. Neff read the letter titled Explanation of Request for Variance, dated June 21, 2008 (on file in Land Use Office). Ms. Roberts pointed out the plans show an increase in the size of the house. Mr. Neff said that it is the same footprint with exception to the deck. He stated that the property owner would like to increase the size of the second floor but that is not part of this request. Mr. Sedito suggested that the proposed project should be a brought to the Board as a special exception. Ms. Leab stated that she did not think the deck is a hardship. Mr. Sedito asked if there where any questions or comments from the public.
Motion: to close the public hearing to consider application ZBA-0817, Request of Bol, 44 Slaughterhouse Road, application for variance, Zoning Regulation 11.6.1 (setbacks), 12.1.1 (wetlands/watercourse setback), to construct garage and deck, by Ms. Roberts, seconded by Mr. Wyant, by 5-0 vote.
MEETING
Mr. Sedito stated that he agrees that the connector to the garage and the deck should be part of a Petition for Special Exception. Ms. Roberts stated that there was no other place to put the connector. Mr. Bowman questioned the height of the garage, as an accessory building, in comparison to the house. Ms. Leab stated that the garage could not be considered an accessory building because it would be attached. Ms. Roberts said that she was in favor of the location of the new garage. She stated that the existing garage is right on the street and this would be an improvement. She said that the request is modest in that they are asking for a 1 car garage and that connecting it to the house is convenient and practical. She does not see the hardship in the proposed deck, but understands why they would want it. Ms. Leab agrees with Ms. Roberts and believes that the new location is a safer option and is in favor of the proposed garage and the connector. Mr. Bowman and Mr. Wyant also are in favor of the garage and the connector. The Board agrees with the Inlands/Wetlands Commission’s approval of the location. Mr. Sedito is not in favor of either of the proposed projects and would like to see the whole project come in front of the Board as a Special Exception.
Motion: to approve ZBA-0817, Request of Bol, 44 Slaughterhouse Road, application for variance, Zoning Regulation 11.6.1 (setbacks), 12.1.1 (wetlands/watercourse setback), to construct garage, by 4-1 vote. Mr. Sedito voted against.
Motion: to deny ZBA-0817, Request of Bol, 44 Slaughterhouse Road, application for variance, Zoning Regulation 11.6.1 (setbacks), 12.1.1 (wetlands/watercourse setback), to construct a deck, by 5-0 vote.
Mr. Sedito seated regular members Polly Roberts, Katharine Leab, himself, Alt. Rod Wyant and Alt. Peter Bowman.
PUBLIC HEARING
ZBA-0819, Request of Laffont, 128 Calhoun Street, application for special exception, Zoning Regulation 12.14.1(noise generating equipment), installation of air conditioning condensing units.Ms. Andrea Peters of Tittmann Design and Consulting, LLC, was present to represent the Laffont’s application. Ms. Peters and the Board looked at the site plan titled Laffont Residence, revised August 5, 2008 by Brian Neff, Engineer. Ms. Peters stated that the condensing units have already been installed. The installation was done keeping aesthetics as well as noise reduction in mind. The units are dropped down about 6 ft. and are on a concrete bed with stone and plantings surrounding the area. Ms. Peters stated the lot is wooded and the units are over 100 ft. away from any neighbors. Mr. Sedito acknowledged that these particular units are extremely quiet. Ms. Leab requested that Tittman Design provide, for the file, a better mechanical description of the units. Ms. Peters said that they could provide that. Mr. Sedito asked if there where any questions from the public. Mr. Slate Mills of 144 Calhoun Street asked to look at the site map to see the location of the units.
Motion: to close the public hearing to consider application ZBA-0819, Request of Laffont, 128 Calhoun Street, application for special exception, Zoning Regulation 12.14.1(noise generating equipment), installation of air conditioning condensing units, by Ms. Roberts, seconded by Mr. Wyant, by 5-0 vote.
MEETING
Mr. Wyant stated that he was in favor of the application. The units are already installed and there have not been any noise complaints. Mr. Bowman, Ms. Roberts, Ms. Leab and Mr. Sedito all feel they would have liked to approve before the installation but the units are quiet and already running and they are in favor.
Motion: to approve application ZBA-0819, Request of Laffont, 128 Calhoun Street, application for special exception, Zoning Regulation 12.14.1(noise generating equipment), installation of air conditioning condensing units, by 5-0 vote.
Mr. Sedito seated regular members Polly Roberts, Katharine Leab, himself, Alt. Rod Wyant and Alt. Peter Bowman.
PUBLIC HEARING
ZBA-0820, Organschi/Gray, 153-155 West Morris Road, application for special exception, Zoning Regulation 17.5.a.1 (setback), 17.4.a (increasing non conformity), to reconstruct house & barn.
Mr. Alan Organschi of Gray Organschi Architecture was present to represent this application. Mr. Organschi and the Board looked at the site plan and detail site plan, titled West Morris Road House; sheets AS1.0 & AS1.1, dated July 24, 2008, by Gray Organschi Architecture. Mr. Organschi gave some history of the house(s). They bought the property when their children were young. Their children are now teenage boy and girl and it is impractical for them to share a room so they would like to expand. He has aged parents that have difficulty accessing the home. He presented pictures of the two dwellings on the property. He stated that the white house has rotted and is on a substandard foundation. The property owners are proposing to rebuild on the existing stone foundation, take down the cottage and add approximately a small increase in square footage to the renovated house. They will not build a new foundation for the additional square footage as this section of the house will be built on columns. The proposed plan keeps all the services that exist. Mr. Organschi stated that their firm is mainly is an ecological/environmental design firm. He presented the elevation and floor plan drawings titled West Morris Road House, dated July 24, 2008, by Gray Organschi Architecture. Mr. Organschi and the Board discussed the differences in the existing structure and the proposed structure. Ms. Leab stated that the Board, when it approves a special exception, they approve the exact ‘snap shot’ of the proposed project and that is what the property owner is allowed to do. Mr. Sedito asked if there were any other questions.
Motion: to close the public hearing to consider application ZBA-0820, Organschi/Gray, 153-155 West Morris Road, application for special exception, Zoning Regulation 17.5.a.1 (setback), 17.4.a (increasing non conformity), to reconstruct house & barn, by Mr. Wyant, seconded by Ms. Roberts, by 5-0 vote.
MEETING
Ms. Roberts stated that she was concerned about the ‘modernity’ of the proposed project. She said that she appreciates the preserving of the foundation of the old building and that the property owners are keeping it modest and reasonable in scope and it is a good consolidation of the structures that exist and she is in favor. Ms. Leab agrees with Mr. Roberts and stated that the plan ‘makes sense’. Mr. Bowman stated that it meets the intent of the special exception, it’s modest and it uses building products that will fit with the surrounding properties. Mr. Wyant agrees and states that it supports continued use and it will make the dwelling more accessible. Mr. Sedito stated that he is questioning whether or not it would fit in the neighborhood. He stated that the project is an example of a special exception and he is in favor.
Motion: to approve application ZBA-0820, Organschi/Gray, 153-155 West Morris Road, application for special exception, Zoning Regulation 17.5.a.1 (setback), 17.4.a (increasing non conformity), to reconstruct house & barn, by 5-0 vote.
OTHER BUSINESS
Mr. Sedito discussed legal fees with the Board. Mr. Sedito approved legal fees. Mr. Sedito discussed the Zoning Regulations regarding windmills and handed out an information sheet to the commissioners. The commissioners discussed the Wetlands Setback regulations and whether or not there is a need for an applicant to apply for a variance if they have already been approved by the Inlands/Wetlands Commission.
Motion: to adjourn at 9:20 pm by Ms. Leab, seconded by Mr. Wyant, by a 5-0 vote.
Submitted subject to approval,
Shelley White, Land Use Clerk
Posted: August 11, 2008 July 31, 2008
Present: Polly Roberts, Randolph Snook, Brad Sedito, Katherine Leab
Alternates: Georgia Middlebrook, Roderick Wyant III, Peter Bowman
Absent: Todd Catlin
Staff: Shelley White
Others: Mathew Klauer, Gerald Klauer, Attorney Rob Fisher, Paul Szymanski, public, press
Brad Sedito, Chairman called the meeting to order at 7:35pm.
PUBLIC HEARING
7:35 pm
Mr. Sedito seated regular members Katherine Leab, Randolph Snook, Polly Roberts, himself and Alt. Peter Bowman.
ZBA-0813, Request of Wykeham Rise, LLC, 101 Wykeham Road, application for variance to Zoning Regulations 11.5.1 (lot coverage), 21.1.37 (lot coverage definition).
Attorney Robert Fisher, from Law Offices of Cramer & Anderson, Paul Szymanski, P.E., from Arthur H. Howland & Associates, P.C., Mathew Klauer and Gerald Klauer, Principals of Wykeham Rise LLC were present to represent this application. Mr. Fisher announced that the applicant withdraws the request to vary Zoning Regulation 21.1.37 (definition of lot coverage). Mathew Klauer began a presentation with the history of the property. He explained how the property was once Wykham Rise School for girls. It supported heavy use of 120 students as well as faculty and support staff. Then it was the Swiss Hospitality Institute. The SHI put in a 10,500 gallon a day septic system. He stated that this system would be able to support 70 bedrooms by current standards. Mr. Klauer stated that his plan would have benefits to the community and the land. Wykeham Rise LLC plan will put less stress on the infrastructure of Washington. Existing buildings that encroach on the wetlands will be removed. This will put the wetlands back to its previous state which will result in improvement of the eco system and water quality of Kirby Brook. The proposed project is an environmentally LEED Certified project using environmentally sustainable construction. There will be reuse of materials on site, solar panels & rainwater collection. The proposed project will be cleaning up an eyesore as the property has not been maintained since vacancy. Mr. Klauer stated the benefits to the town are jobs, support of local businesses, increase in taxes on the property and a great service to the town. Mr. Klauer stated that he had 25 letters of support to add to the already 108 letters on file for a total of 133 letters of support. Mr. Klauer read a few letters of support to the ZBA.
Paul Szymanski presented site plans revised, dated July 30, 2008. He stated that the property is 26.9 acres. He pointed to the hardships of the property as well as the existing building locations. All buildings except one will be removed. The remaining building will be relocated on the property and serve as the pool house for the proposed plan. Mr. Szymanski stated that there was an additional reduction in the lot coverage. The proposed project started out at 17.6% lot coverage. The proposed plan of Wykeham Rise LLC has consolidated the number of buildings and is proposing 4, 2 and 1 bedroom cottages. Wykeham Rise LLC has made a concerted effort to respond to the feedback they have received. As a result the tennis court in the upper south east corner has been removed from the plans reducing potential noise to abutting neighbors and bringing the total lot coverage to 11.38%. Mr. Snook asked what the total number of rooms would be. Mr. Szymanski replied that it is 54. Mr. Sedito asked how many acres. Mr. Szymanski replied 26.9 acres. Mr. Szymanski presented As-Built of Property in 1991, Prepared for Mathew Klauer by Arthur H. Howland & Associates P.C., sheet: ASB.91, dated July 10, 2008. He pointed out the lot coverage at that time was 11%. Mr. Szymanski stated that the lot coverage regulation of 10% was approved in 2003 and since then the ZBA has varied 80-90% of applications by commercial and institutional properties in a residential district. He stated that the ZBA has approved variances for the Town of Washington, The Gunnery, Rumsey Hall and Region 12 School District for lot coverage regulations. He pointed out the site plan from vegetation prospective. He presented renderings of the property as one would see it from the road. He stated that the existing buildings do not have a residential look to them. The proposed plan has a look more in keeping with the neighborhood. The goal is to have structures that look like farm outbuildings and vegetation that will screen the main building. Ms. Roberts asked about removal of existing trees. Mr. Szymanski submitted Planting Plan for Wykeham Rise, by Didona Associates, revision date July 14, 2008. The proposed planting plan provides deciduous trees along the road, 10 ft planting in the currently sparse south east corner, and buffering along residential properties. Mr. Sedito asked if the existing entrance way will remain. Mr. Szymanski said that it will be maintained and will be narrowed to 14 ft. from 18 ft. so that it will be used as a one way entrance and look more like a residential driveway. Mr. Sedito asked if the property was going to be used for weekly or monthly rentals. Mr. Klauer responded that it will be an inn with nightly reservations. Mr. Szymanski briefly discussed the architectural plan. He presented the elevation drawings by Moisan Architects, Inc., dated July 25, 2008. A display of materials that will be used on the buildings included vertical cedar siding painted in barn red, Nantucket grey and Navajo white, cupolas, copper, fieldstone veneers, silos and barn doors. Mr. Szymanski stated that the two areas that have a less than 10% slope are in the northwest corner that has wetlands and the southern portion of the property which is currently hayfields. The wetlands on the property are about 10%, 2.6 acres. Mr. Szymanski pointed out that the property is unique to others in the vicinity because Kirby Brook runs through the entire front portion of the property. He points out the hardship of this property is that the most buildable portion of the land is approximately 750 ft. from the road. The area of the driveway to access this land is 1.65% of the coverage. He compared this request to the Town of Washington’s request to expand the Town Garage 3 years ago and the hardship of the property on Blackville Road. He presented the lot coverage breakdown showing 25,500 sq. ft of asphalt driveway and 42,300 sq. ft. of porous asphalt. He discussed how the runoff would be decreased and it will not adversely affect neighboring properties during storms. He stated how these pervious surfaces would help with sedimentation erosion control and small water management which is a concern in the Zoning Regulations. Mr. Sedito asked where the water goes with the pervious surfaces. Mr. Szymanski stated that it goes through the pavement to a sub base and infiltrates slowly into the ground. Mr. Sedito asked the depth of the sub base. Mr. Szymanski stated it is 30 inches. Mr. Sedito asked what happens to that water in the sub base if it overflows. Mr. Szymanski said that the water would have to be about 8 inches and would then flow into a grass line swale or retention pond and then a controlled release of waters to Kirby Brook. Mr. Sedito asked what the difference was between pervious and impervious surfaces and the distribution of water. Mr. Szymanski said the impervious surfaces that exist (roofs, asphalt drives, curtain drains) are directly discharged into the wetlands or Kirby Brook. He states that a high velocity of storm water has the potential for soil erosion and sedimentation. Mr. Szymanski stated that the proposed plan includes rain gardens down hill from the roofs that will provide slow infiltration of rain water into the soil. Mr. Bowman asked how much of the area will be paved surface. Mr. Szymanski stated that 25,000 sq. ft. will be impervious and 42,000 sq. ft. will be pervious and that the porous surfaces represent 3.61% of the lot coverage for the proposed plan. Mr. Snook asked if all the buildings as well as the foundations would be demolished. Mr. Szymanski stated yes except for the building that would be relocated and used for the pool house. Mr. Sedito asked what the lot coverage was in 1991 with the previous owners. Mr. Szymanski stated it was 11%.
Ms. Roberts asked Mr. Szymanski to walk thru the proposed site plan and go over the location of the buildings. Mr. Sedito asked how the cottages would be accessed. Mr. Szymanski stated they would be accessed by walkways. Mr. Sedito asked if the pool could have been situated differently. Mr. Szymanski stated that it would cut into the septic system, the grade in other areas was unsuitable and there were screening and buffering considerations. Mr. Bowman asked what the walkways would be constructed with and how the walkways would be maintained. Mr. Szymanski stated they would be pervious pavers with a crushed stone base. Mr. Bowman stated his concern was the amount and width of the walkways and how they would be maintained in the winter. Mr. Sedito asked if there was a calculation for the pervious walkways. Mr. Szymanski said that he could get that for the ZBA. Ms. Leab asked if the plans showed air conditioners and generators. Mr. Szymanski stated that there is an allotment for hardscape built into the coverage. He said that Zoning has asked that they show the specific location of these items. Ms. Leab stated that the ZBA varies a precise snapshot and would need to know the location of the items. Mr. Szymanski said that he could provide that for them. Ms. Middlebrook asked the size of the generator that would be used. Mr. Szymanski said that he would get that information for the ZBA. Mr. Szymanski said that the access way along Bell Hill Road will be removed. Mr. Bowman asked if the plan has been reviewed for emergency vehicle access. He asked if they would require wider road ways, and if they would be able to access the upper cottages which don’t have driveways to them. Mr. Szymanski said that he would get a letter of approval from the fire department and emergency vehicle services specifically addressing this issue.
Mr. Sedito asked why this project could not stay with in the 10% lot coverage. A discussion about removing certain buildings and how it affects the lot coverage continued. Mr. Szymanski stated that they would have to cluster the units into a larger less residential looking building to reduce the number of units. The height of the building would increase and it could have a potential negative impact on the neighborhood. Mr. Sedito asked how the people will be getting to their cottages. Mr. Szymanski stated that they will come to the lobby and a porter will take their bags to the cottages and the people will walk on a path to their cottage. The path will be a grass path called mode path. Mr. Sedito asked if there were anymore questions.
Attorney Fisher stated that Wykeham Rise LLC is asking for a variance on a small overage of lot coverage. Mr. Sedito asked if Attorney Fisher could speak of the hardship. Attorney Fisher read the letter dated July 31, 2008 to the Members of the Board. In the letter he notes section 8-6(3) of the Connecticut General Statutes and describes the peculiar existing conditions of the property.8:55 pm
Request by Chairman Sedito to adjourn for 5 minutes.
9:00 pm
Ms. Roberts addressed the subject of letters of support and opposition. She stated that there are 99 in favor of the project, 13 of these are from out of town, and 15 were supplied by Mr. Klauer that were sent to him via email and not directly to the land use office. There were 14 against the project and mostly from surrounding property owners and nearby neighbors that were mainly concerned by the intensity of use of the property. All these letters are in the land use office file and available to the public to read.
Mr. Sedito asked for comments from the public.
Attorney Edward Hill from the Law Offices of Robinson & Cole was present to represent Eric and Wendy Federer of 27 Bell Hill Road. He distributed a letter to the Commissioners dated July 31, 2008. This letter included attachments. The first attachment was an A-2 Survey submitted with the applicants special permit application to the Zoning Commission that has a note stating “Property is subject to rights and benefits conveyed to Wendy R. Federer, Trustee, in Vol. 184 P.123. Reference is made to Vol. 114 P. 593 Washington Land Records (in essence, a deed restriction prohibiting building on the southerly portion of the property). Paragraphs 1 and 2 of the Agreements. Additionally attached: 1. a copy of the Conveyance and Assignment from Wykeham Rise School, Incorporated to Wendy R. Federer, Trustee, 2. a copy of the Declaration of Beneficial Ownership, 3. a copy of the deed from Wykeham Rise School. Attorney Hill stated that the applicant did not include a narrative of the hardship. He stated that the information is misleading and submitted at the latest possible time. Mr. Sedito stated that they did submit a letter stating the hardship. Attorney Hill stated that there is no basis for granting a variance because the applicant knew when he purchased the property that there was a 10% lot coverage regulation. He said, “It is not okay to make financial motivation a hardship.” Attorney Hill referred to his letter that states the issues of title must be resolved in court (Connecticut General Statutes, Section 47-31) “and that land use agencies do not have the authority to determine title issues. Therefore the Zoning Board of Appeals cannot legally refuse to enforce Section 47-42d based on the applicant’s claim of the invalidity of the restriction.” He requested the application be denied and if it is not denied to remain open so that the materials can be evaluated. Attorney Fisher stated that he and his client had no objections for the hearing to be continued. He stated that the coverage has decreased gradually in order to address the concerns and other feedback from the surrounding neighbors and public.
Attorney Gail McTaggart from the offices of Secor, Cassidy & McPartland, P.C.was present to represent Dr. and Mrs. John and Mary Ewing of 86 Wykeham Road. She stated that she and her clients share Attorney Hill’s concerns. She handed out a copy of her letter to the ZBA dated July 31, 2008rous other handouts (originals in Land Use File) and stated she would summarize the contents. She stated that the applicant is proposing a use of property in a way that it was not intended. She stated that it is hard to have a hardship for a use that is not permitted. She then discussed why she thinks the variance request is based on economics. Ms. Mc Taggart included Attorney Mike Zizka’s review of variances. She noted Bloom vs. Zoning Board of Appeals in her letter. She discussed how “The coverage requirements set forth in the zoning regulations set forth a bright line test for compliance and the hardship presented is not unique to this property.” She asked that the variance be denied because of the absence of hardship.
Ms. Valerie Cooper of Old Litchfield Road expressed that she and the majority of the abutting property owners of 101 Wykeham Road are not in support of the project. They are concerned that the traffic that would accompany this project would greatly increase. She stated that to consciously place an inn on Wykeham Road would be irresponsible and she asked that the variance be denied. Mr. Richard Kaylor from Old Judea Cemetery Road stated that he was in favor of the application. Dr. John Ewing of 86 Wykeham Road stated that he was confused by the proposal with the decrease of coverage and the rain gardens, etc. He would like to hear more on the hardship of the request. He questioned if some of the letters of support include some of the ‘silent investors’ of the proposed inn. Mr. Joe Pullaro stated that he thought the inn would benefit the growth of the Town of Washington and provide jobs. Mr. Eric Federer stated that he talked to Mr. John Trevenen at the Mayflower Inn and was told that only three of the over 100 employees that work at the Mayflower are residents of Washington. He stated that development needs to fit with the scope of the town. Mr. William Smith of Golf Course Road stated his concern for the paths access for emergency vehicles and that it may be necessary to increase coverage in the future to allow access for these vehicles. Mr. Szymanski stated that he recognizes the fact that there are outstanding issues and will provide answers prior to the next meeting.
Motion: to continue public hearing to consider application ZBA-0813/Wykeham Rise LLC, 101 Wykeham Road, application for variance, Zoning Regulation 11.5.1 (lot coverage), by Randy Snook, seconded by Kathy Leab, by a 5-0 vote.
The Zoning Board of Approval agreed to continue the public hearing for ZBA-0813 on August 28, 2008.
Motion: to adjourn at 10:19 pm was made by Mr. Sedito, seconded by Ms. Roberts, by a 5-0 vote.
Submitted subject to approval,
Shelley White, Land Use Clerk
Posted: July 31, 2008 July 24, 2008
PUBLIC HEARING
Mr. Sedito seated regular members Randolph Snook, Polly Roberts, himself, Alt. Rod Wyant and Alt. Georgia Middlebrook.
ZBA-0818, Request of Michael and Kristin Dowler, 13 Pleasant View Drive, petition for special exception to Zoning Regulations 17.4.a (increasing nonconformity), 17.5.a.1(front and side yard setback) to construct addition.
Tammy Zinick of Permit Me Please was present to represent Michael and Kristin Dowler’s application. Ms. Zinick submitted the certified postcards from six of the surrounding property owners as well as a letter that all neighbors were aware of the addition and that they support the project. She presented the Property/Boundary Survey prepared for Michael H. Dowler by T. Michael Alex, dated July 24, 2008. Ms. Zinick stated that the Dowlers will be adding on vertically to the existing dwelling. She said that the footprint of the dwelling will remain the same but there will be a 1 foot overhang on the front and the back because the addition is cantilevered. Site plans titled, “Additions and Renovations to the Home of Kristin and Mike Dowler”, by Northwest Drafting & Design, Inc., dated 7/14/08 were presented to the ZBA. The plans included Floor Plans, Elevations, Sections and Details, and Foundation drawings. The Board Members and Ms. Zinick looked over the plans. Mr. Sedito checked the setbacks. Ms. Middlebrook asked why the overhang was necessary. Ms. Zinick replied it was to add more space.
Motion: to close the public hearing to consider application ZBA-0818, Request of Michael and Kristin Dowler, 13 Pleasant View Drive, petition for special exception to Zoning Regulations 17.4.a(increasing nonconformity of a nonconforming dwelling), 17.5.a.1(front and side yard setback) to construct addition was made by Ms. Roberts, seconded by Mr. Snook by a vote of 5-0.MEETING
Mr. Sedito stated that this plan supports the continued use of a single family dwelling. Mr. Snook said that all of the questions have been answered with the new plans and survey.
Mr. Wyant agrees and is in favor.
Ms. Middlebrook stated that she is in favor.
Ms. Roberts stated that it is a modest vertical addition and is in favor.
Mr. Sedito said that this is why there is the special exception to the Zoning Regulations and he agrees with the others and is in favor of the project.
Motion: to approve ZBA-0818, Request of Michael and Kristin Dowler, 13 Pleasant View Drive, petition for special exception to Zoning Regulations 17.4.a(increasing nonconformity of a nonconforming dwelling), 17.5.a.1(front and side yard setback) to construct addition was made by Mr. Snook, seconded by Mr. Wyant, by a vote of 5-0.Ms. Zinick exits. Mr. Sedito seated regular members Polly Roberts, Randolph Snook, Alt. Georgia Middlebrook and Alt. Rod Wyant.
PUBLIC HEARING
ZBA-0816, Request of Weston and Karen Thorn, 228 West Shore Road, application for variance to Zoning Regulations 11.6.1.c (setback), 12.1.1 (wetlands and watercourse setback), 6.5 (Lake Waramaug Special Permit).
Mr. Weston Thorn and Mrs. Karen Thorn along with Martin Brown, from Peter Talbot Architects, were present to represent this application. Mr. Brown stated that his clients would like to add on to the existing house on West Shore Road that they have lived in for 32 years. The expansion would be on the South/South East side of the house due to the restrictions from Zoning, Wetlands and Health Departments. Mr. Brown stated that the Thorns can not add on to the basement due to the Health Department setbacks. Site Plan titled “Thorn”, by Peter Talbot, dated May 19, 2008 were presented. The addition will expand the kitchen, the number of bedrooms will not increase and it will provide much needed storage.
Mr. Sedito asked if the addition could be moved more to the right to avoid the encroachment of the setback.
Mr. Brown said that it was not possible because of the setback from the septic. ZBA looked at architectural drawing titled, “Exterior Elevations”, by Peter Talbot, dated June 16, 2008. Mr. Brown said that the plans for 228 West Shore Road have been approved by Inland/Wetlands Commission.
Mr. Sedito read a letter from Attorney Mike Zizka, dated July 11, 2008. In summary, the letter explains that ZBA should not vary section 6.5, Lake Waramaug Special Permit because the landowner would have to ‘demonstrate a legally sufficient hardship that would justify a variance to eliminate the procedural requirement of applying for a special permit’.
Ms. Roberts advised the Thorns to go to Zoning.
Motion: to close the public hearing to consider application ZBA-0816, Request of Weston and Karen Thorn, 228 West Shore Road, for variance to Zoning Regulations 11.6.1.c (setback), 12.1.1 (wetlands and watercourse setback), 6.5 (Lake Waramaug Special Permit), by Mr. Wyant, seconded by Mr. Snook, by 5-0 vote.MEETING
Mr. Sedito stated that the Thorns definitely have a land based hardship.
Ms. Roberts stated that there was an effort to situate the addition within the setbacks and is in favor. However she is not in favor for varying the 6.5 regulation. Mr. Wyant, Ms. Middlebrook & Mr. Snook agree.
Mr. Sedito said that storage was necessary and needed and that the addition is a small encroachment. Mr. Sedito said that since Wetlands has approved the plan that ZBA is inclined to respect the decision. He agrees with Mike Zizka and believes that ZBA does not have the authority to vary section 6.5.
Motion: to approve ZBA-0816, Request of Weston and Karen Thorn, 228 West Shore Road, for variance to Zoning Regulations 11.6.1.c (setback), 12.1.1 (wetlands and watercourse setback) by Ms. Roberts, seconded by Mr. Snook, by 5-0 vote.
Motion: to deny ZBA-0816, Request of Weston and Karen Thorn, 228 West Shore Road, for variance to Zoning Regulation 6.5 (Lake Waramaug Special Permit), by Mr. Snook, seconded by Mr. Wyant, by 5-0 vote.OTHER BUSINESS
Ms. White and ZBA members discussed different improvements in procedure of receiving ZBA applications.
Motion: to adjourn at 8:30 pm by Mr. Sedito, seconded by Ms. Roberts, by a 5-0 vote.
Submitted subject to approval,
Shelley White, Land Use Clerk
Posted: July 23, 2008 July 16, 2008
MEMBERS PRESENT: Mr. Catlin, Ms. Roberts, Mr. Sedito, Mr. Snook
MEMBER ABSENT: Mrs. Leab
ALTERNATES PRESENT: Mrs. Middlebrook, Mr. Wyant
ALTERNATE ABSENT: Mr. Bowman
STAFF PRESENT: Mrs. J. Hill
ALSO PRESENT: Mrs. D. Hill, Mr. Ensign, Ms. Federle, Mrs. Greene, Mrs. Federer, Mr. Hunt, Mr. Klauer, Atty. Strubb, Residents
Mr. Sedito called the Meeting to order at 7:34 p.m. and informed those present that due to a defect in the published legal notice, the Board’s attorney had advised it to reschedule the Wykeham Rise, LLC./#ZBA 0813 and Pistone/#ZBA-0815 public hearings. Therefore, those two applications would not be discussed this evening except to set a new date for their hearings. He noted that the Board would send out the required notifications by certified mail if these applicants would provide a list of the names and addresses of all property owners within 200 ft. of each subject property.
Public Hearing
Hill/71 River Road/#ZBA-0811/Construct Garage/Variance/Section 11.6.1.c: Side Yard Setback/Con’t.
Mr. Sedito reconvened the Public Hearing at 7:36 p.m. and seated Members Catlin, Roberts, Sedito, and Snook and Alternate Wyant for Mrs. Leab. Responding to the request made at the last Meeting, Mrs. D. Hill presented a sheet, unsigned, undated, showing the front elevation of the proposed garage. Mr. Sedito reviewed the map, “Property/Boundary Survey,” by Mr. Alex, revised to 6/2/08, noting that the existing 26’ X 26’ foundation was 13.75 ft. from the side boundary line and that it would be rebuilt to the same size and in the same location for the proposed garage. Mrs. Hill stated the building would have windows, but she did not yet know where, and that she proposed only a basic garage. There were no questions or comments from the public.
MOTION: To close the Public Hearing to consider Application #ZBA-0811 submitted by Mrs. Hill for a variance of Section 11.6.1.c: side yard setback to construct a garage at 71 River Road. By Mr. Snook, seconded by Ms. Roberts, and passed 5-0.
Mr. Sedito closed the Hearing at 7:40 p.m.Regular Meeting
Hill/71 River Road/#ZBA-0811/Construct Garage/Variance/Section 11.6.1.c: Side Yard Setback:
Mr. Sedito asked the Board Members for their comments. Ms. Roberts was in favor of granting the variance. Although it was not grandfathered, she thought the proposed garage was a typical New England building and so had no objections. Mr. Wyant supported approval of the variance. Mr. Catlin was also in support, and noted that the foundation was existing. Mr. Snook said he, too, supported the variance request and he noted that the neighbors had no objections. Mr. Sedito said the proposed garage could have been built years ago on the existing foundation, that having a garage is a function of a modern home, and that there was a hardship in that there was no better location on the property that was farther from the boundary line.
APPROVED: Application #ZBA-0811 submitted by Mrs. Hill for a variance of Section 11.6.1.c: side yard setback to construct a garage at 71 River Road. Vote: 5-0.
Mr. Sedito adjourned the Meeting at 7:44 p.m.Public Hearing
Ensign-Federle/32 School Street/#ZBA-0812/Add Rear Portico, Chimney, and Front Porch Extension to Existing Dwelling and Construct Garage/Variance/Sections 11.6.1.c: Setback and 17.4: Increase in Non Conformity/Con’t.
Mr. Sedito called the Public Hearing to order at 7:45 p.m. and seated Mr. Catlin, Ms. Roberts, Mr. Sedito, and Mr. Snook and Alternate Middlebrook for Mrs. Leab. He read the legal notice published in Voices on 6/6 and 6/13/08 and explained that if consideration of the original variance application for both the house and garage continued at this time and the new Special Exception application for the proposed work on the house was not considered, then the previously published legal notice complied with the state requirements. He thought it would be possible to continue with the original variance request since the revised site plan submitted made the proposal much clearer.
Mr. Ensign presented the map, “Site Analysis Plan,” by Mr. Alex, revised to 7/11/08 and detailed the proposed activities. 1) A 2.5’ X 6’ chimney would be built on the south side of the house in the same location as the bilco doors. He pointed out on the “House Overview” sheet in the information packet that the chimney would cover half the area of the existing bilco doors. 2) The existing rear 4’ X 6’ portico would be removed and a new 5’ X 6’ portico constructed further south on the same side of the building. 3) The existing front porch would be extended to the north end of the house. He pointed out on the “House Overview” that its front line would match the existing porch line. Ms. Federle presented photos of the existing façade. Mr. Sedito noted the proposed chimney and portico were modest because they were either smaller or only slightly larger than what already existed. However, he thought the proposed porch addition was a significant proposal. It was noted the existing porch was non conforming.
The proposed stairs would be only 13 feet and the corner of the new porch would be only 23.41 feet from the front boundary line. Mr. Catlin pointed out, however, that the proposed porch would be no closer to the street than the existing porch. Ms. Roberts asked why the stairs were proposed on the front side of the porch. Ms. Federle said this was due to the proposed location of the garage. Mr. Ensign noted that ten of the fourteen houses on the street have full length porches, half have a second porch on the side of the house, and all are oriented towards the front. He noted that in 1914 when the house was built, porches normally faced the front. Ms. Roberts read the 7/16/08 letter in support from Mr. LaMuniere, 7 Barnes Road. It was also noted that Mrs. Roberts, adjoining property owner to the north, had spoken in support of the application at the last meeting.
The proposed porch was discussed further. Mr. Sedito noted the hardship in this case was that there was no other place to put the porch. Ms. Roberts and Mr. Catlin agreed. Mr. Catlin said the hardship was also that the existing house was non conforming and the lot was very steep and he noted that the request was modest. Mr. Snook said that the existing porch was not serviceable. Mr. Ensign explained that at one time the front porch had extended the length of the house, but a portion had been enclosed.
There were no other questions concerning the work proposed on the house.
Mr. Sedito noted the existing driveway would be removed because it has drainage problems. He reviewed the drainage plan by Mr. Neff, engineer, unsigned, undated, entitled, “Grading and Water Infiltration System Plan,” and said 24 feet of infiltration galleries were proposed. Ms. Roberts noted the heavy duty system was needed to catch the runoff from the steep hillside.
Mr. Ensign explained the garage doors could not face the house without installing a 45 ft. long, 10 ft. tall retaining wall between the house and garage. As proposed, a 4 ft. boulder wall with a 6.5 ft. concrete wall up the back side of the garage would be needed. Mr. Sedito asked if Mr. Ensign had discussed alternatives with Mr. Neff. Mr. Ensign said he had, but that the alternatives either would not fit the site or were aesthetically unpleasing.
Mr. Ensign said a 24 foot long, 8 foot wide parking area and 24’ X 24’ garage were proposed. He also noted the garage would have not plumbing. Its total height would be 20 feet.
The Board agreed the driveway turn at the garage would be “tight” and “tricky.” Mr. Catlin asked where the plowed snow would go. Mr. Ensign said the area could be graded to accommodate snow removal.
The drainage plans were discussed at length and in detail. Some of the Board Members questioned whether they were adequate considering that only one catch basin was proposed to handle the roof drains, driveway runoff, and hillside runoff and the Town did not want additional runoff flowing onto School Street. The proposed location of the driveway cut was also questioned. Mr. Ensign said he had discussed the cut with Mr. Smith of the Highway Dept. and assured the Board the sight lines would be adequate when vegetation was cut.
Mr. Sedito asked Mr. Lyon, First Selectman, if he had any concerns about the driveway or drainage plan. Mr. Lyon said he had not reviewed it, but would not contradict Mr. Neff’s recommendations. He also noted that the driveway cut, sight lines, and runoff onto the Town road would be reviewed when a driveway application is submitted to the Selectmen’s Office.
There were no comments from the public.
MOTION: To close the Public Hearing to consider Application #ZBA-0812 submitted by Mr. Ensign and Ms. Federle for a variance of Section 11.6.1.c: side yard setback and Section 17.4: increase in non conformity to construct a rear portico, chimney, and front porch extension on the existing dwelling and a garage at 32 School Street. By Mr. Catlin, seconded by Mr. Snook, and passed 5-0.
Mr. Sedito closed the Public Hearing at 8:32 p.m.Regular Meeting
Ensign-Federle/32 School Street/#ZBA-0812/Add Rear Portico, Chimney, and Front Porch Extension to Existing Dwelling and Construct Garage/Variance/Sections 11.6.1.c: Setback and 17.4: Increase in Non Conformity:
It was the consensus that there had been one original application, which included both the house and the garage, and that the Board would continue to handle it as one application. Mr. Snook stated the proposed modifications to the house were modest and necessary and he had no objections to the garage. However, he did question the logistics of the driveway turn into the garage. Mr. Catlin said he had been very concerned about the driveway and about runoff to School Street, but noted that Mr. Lyon had voiced no concerns. He said this was a classic example of a hardship due to the tricky, non conforming property. He, too, was bothered by the driveway logistics, but said the proposal was preferable to a high retaining wall.
Ms. Roberts was not happy that the garage would be so close to the street, but agreed there was no other place to put it. She thought the additions to the house were modest and in keeping with the rest of the neighborhood. Mrs. Middlebrook thought this was a difficult piece of property and that the modest renovations to the house would enhance it. She noted that the drainage problems had been addressed by an expert. Mr. Sedito agreed with all of the above comments and said there was a land based hardship in this case. He thought the proposed house additions were modest and in keeping with the neighborhood. He said that a garage was an integral part of today’s house and there was no other place to put it. He said the only remaining issue was the drainage, and that the Board would have to trust the expertise of Mr. Neff, engineer, and Mr. Bennett, installer, in this matter. He read the original legal notice published in Voices on 6/8 and 6/15/08.
APPROVED: Application #ZBA-0812 submitted by Mr. Ensign and Ms. Federle for a variance of Section 11.6.1.c: side yard setback and Section 17.4: increase in non conformity to construct a rear portico, chimney, and front porch extension on the existing dwelling and a garage at 32 School Street. Vote: 5-0.
Mr. Ensign submitted a written request to withdraw the Special Exception application, #ZBA-0814.
Wykeham Rise, LLC./101 Wykeham Road/#ZBA-0813/Inn/Variance/ Sections 11.5.1: Lot Coverage and 21.1.37: Definition of Lot Coverage: Mr. Sedito again explained that due to a defect in the legal notice the Public Hearing had to be rescheduled. The Hearing was set for Thursday, July 31, 2008 at 7:30 p.m. in the Land Use Meeting Room, Bryan Memorial Town Hall. It was noted this would give Mrs. Hill adequate time to publish the legal notices and mail out written notifications within the required time frame.
Dowler/13 Pleasantview Drive/#ZBA-0818/Addition to Dwelling/ Special Exception/Sections 17.4.a: Increasing Non Conformity and 17.5.a.1: Front and Side Yard Setback
Thorn/228 West Shore Road/#ZBA-0816/Addition to Dwelling/Variance/ Sections 11.6.1.c: Setback, 12.1.1: Wetlands and Watercourse Setback, and 6.5: Lake Waramaug Special Permit
It was noted that a Special Meeting had been scheduled for Thursday, July 24, 2008 at 7:30 p.m. in the Land Use Meeting Room, Bryan Memorial Town Hall to consider these two applications. The 7/11/08 letter from Atty. Zizka regarding the Thorn request to vary Section 6.5 was noted. Atty. Zizka stated, “…we can think of no circumstance in which a landowner could demonstrate a legally sufficient hardship that would justify a variance to eliminate the procedural requirement of applying for a Special Permit….” Copies of the entire letter will be mailed to the Board Members before the July 24th Meeting.
Pistone/122 Blackville Road/#ZBA-08-15/Reconstruct Dwelling/ Special Exception/Sections 17.5.a.1: Setbacks and 11.6.1.b: Interior Lot: This Public Hearing could not be held as scheduled to due a defect in the legal notice. The Hearing was rescheduled for Thursday, August 21, 2008 in the Land Use Meeting Room.
Consideration of the Minutes
The Board had not received the June minutes so their consideration was deferred to the next Meeting.Other Business
Applications requiring both a Variance and a Special Exception:
Mr. Sedito noted an example of such an application would be an addition to a small non conforming house that needed a variance for the setback from a wetland and either a variance or a Special Exception for a boundary line setback. In the past if a project required both, the applicant had been advised one application for two variances was required. Mr. Sedito pointed out, however, that it is easier to obtain approval for a Special Exception and so applicants should be given the choice of making one application for two variances or two applications, one for a variance and one for a Special Exception. It was the consensus that the new procedure would be for the applicant to determine which way he would apply.
Restricting Applications to Five per Meeting:
This matter was briefly discussed. Some of the Members had not been aware that there was such a limit, but Mrs. D. Hill, former ZBA secretary, noted that had been the policy for years and it had been so when she had worked for the Board. It was agreed to continue to consider only five applications per meeting except when both a variance and Special Exception were being applied for on the same property, in which case the two applications would count as one.
Receipt of Applications:
The Land Use staff will make sure it marks both the date and time of receipt on applications submitted to ZBA.
MOTION: To adjourn the Meeting. By Mr. Catlin.
Mr. Sedito adjourned the Meeting at 9:09 p.m.FILED SUBJECT TO APPROVAL
Respectfully submitted,
Janet M. Hill, Land Use Coordinator
Posted: July 9, 2008 June 19, 2008
Present: Polly Roberts, Todd Catlin, Randolph Snook, Brad Sedito
Alternates: Georgia Middlebrook, Roderick Wyant III
Absent: Katherine Leab, Peter Bowman
Staff: Shelley White
Guests: Tammy Zinick, Michael and Jane Athas, Paul Harkness, Dorothy Hill, Mathew Klauer, Robert Ensign, Margaret Federle, Tom and Pam Osborne
Brad Sedito, Chairman called the meeting to order at 7:31pm.
PUBLIC HEARING CONTINUED
7:32 pmMr. Sedito seated regular members Todd Catlin, Randolph Snook, Polly Roberts, himself and Alt. Rod Wyant.
ZBA-0806, Request of Michael and Kristin Dowler, 13 Pleasant View Drive, petition for special exception to Zoning Regulations 17.4.a(increasing nonconformity of a nonconforming dwelling), 17.5.a.1(front and side yard setback) to construct addition.
Tammy Zinick of Permit Me Please was present to represent Michael and Kristin Dowler’s application. Ms. Zinick presented the Property/Boundary Survey prepared for Michael H. Dowler, dated May 2007. Ms. Zinick stated that the Dowlers will be adding on vertically to the existing dwelling. She said that the footprint of the dwelling will remain the same but there will be a 2 foot overhang on the front and the back because the addition is cantilevered. She said that she is requesting approval of an ‘airspace setback’. Mr. Sedito stated that the Town of Washington does not have ‘airspace setbacks’ in the Zoning Regulations. Ms. Zinick presented copies of photographs of the existing south elevation, front elevation, front and south side elevation and south elevation with a hand drawing of proposed addition elevation. She also presented drawings of the proposed first floor and second floor layout. The house will remain a 3 bedroom house and increased living space on the first floor. Mr. Snook asked if the footprint stays the same. Ms. Zinick and said it does. Mr. Sedito pointed out that the 4 ft. overhang is part of the footprint. Mr. Catlin and Mr. Sedito pointed out that with the proposed addition and the 2 ft. front overhang, it brings the house two feet closer to the road. Mr. Snook asked if there was a front elevation drawing. Ms. Zinick explained how the south side elevation could be used. Mr. Sedito explained that the ZBA would like an overlay showing the extension and that a site plan should show what exists and what is being proposed. Ms. Roberts requested a drawing with the full footprint that shows the overhang with the distance to the lot line as well as the deck and the proposed front porch. Ms. Zinick stated that she will withdraw the request for special exception and asked that the fee be waived. Mr. Sedito said that the fee can be waived and asked Ms. Zinick to write a note of withdrawal to ZBA before she left.
Motion: to close the public hearing for ZBA-0806, Request of Michael and Kristin Dowler, 13 Pleasant View Drive, petition for special exception to Zoning Regulations 17.4.a(increasing nonconformity of a nonconforming dwelling), 17.5.a.1(front and side yard setback) to construct addition was made by Mr. Sedito, seconded by Mr. Catlin by a vote of 5-0.7:57 pm
Mr. Sedito seated regular members Todd Catlin, Randolph Snook, Alt. Georgia Middlebrook and Alt. Rod Wyant.PUBLIC HEARING CONTINUED
ZBA-0809, Request of Michael and Jane Athas, 12 New Preston Hill Road, petition for special exception to Zoning Regulations 17.5.a (increasing non conformity of a non conforming dwelling), 11.6.1.b (side yard setback) to construct second story addition.
Mr. and Mrs. Athas and Paul Harkness were present to represent this application. The Athas’ presented the Property/Boundary Survey prepared for G. Michael Athas and Jane C. Athas dated June 2008 by T. Michael Alex, Land Surveyor. Mr. Sedito asked if there were second story addition elevation drawings. Mr. Snook stated that the proposed addition’s roofline does not extend above the existing roofline. Ms. Roberts asked if there were any questions from the public. She stated that it looks as though the addition is in keeping with the style of the antique house.
Motion: to close ZBA-0809, Request of Michael and Jane Athas, 12 New Preston Hill Road, petition for special exception to Zoning Regulations 17.5.a (increasing nonconformity of a nonconforming dwelling), 11.6.1.b (side yard setback) to construct second story addition was made by Mr. Snook, seconded by Mr. Wyant by a vote of 5-0.MEETING
Mr. Snook stated that he is in favor of the request. Mr. Sedito said the request supports continued use of a single family dwelling and the modification is reasonable in scope, location, appearance. Ms. Roberts stated that the house is considered nonconforming because the property does not have enough frontage and is therefore considered an interior lot, and so also has a side-yard setback issue. Mr. Catlin stated that the minimum requirement is 200 ft of frontage. Mr. Wyant supports the application. Mr. Catlin stated that he has no problem with this request and sees that it clearly fits with continued use of a family dwelling. Ms. Middlebrook supports the project as it supports the continued use of a family dwelling. Ms. Roberts agrees and is in favor of the project.
Motion: to approve ZBA-0809, Request of Michael and Jane Athas, 12 New Preston Hill Road, petition for special exception to Zoning Regulations 17.5.a (increasing non conformity of a non conforming dwelling), 11.6.1.b (side yard setback) to construct second story addition as per application and A-2 survey on file by a vote of 5-0.8:12
PUBLIC HEARINGMr. Sedito seated Polly Roberts, Todd Catlin, Randy Snook, Alt. Georgia Middlebrook and himself. Rod Wyant excused himself from the hearing.
ZBA-0810, Request of Pam and Tom Osborne, 191 Nettleton Hollow Road, application for variance to Zoning Regulations, 12.1.1 (20 ft. from wetlands), 17.4 (increasing non conformity) to construct deck and addition.
Mr. and Mrs. Osborne were present to represent this application. Mr. Osborne read his application letter to the Board. The Osbornes are proposing a 474 sq. ft. addition to their existing residence. The proposed addition will add 12’ x 16’10” to the kitchen and 12’ x 22’7” open porch addition. The letter states that the home is located 42’ from the wetlands and the proposed addition will bring them to 30’ from the wetlands. Mr. Sedito asked what the non-conformity was with the property. Ms. Osborne said the distance to wetlands makes it nonconforming. Mr. Catlin asked if the Osbornes have already been approved by the Health Department and Inland/Wetlands. They have been approved. The members of the ZBA looked over the site plan titled Addition and Deck, Osborne Residence, dated 11/27/2007 by William W. Worcester, Architect and hand drawn elevation drawings. Mr. and Mrs. Osborne stated that they are under the allotted lot coverage with the proposed addition. Mr. Sedito asked for input from the public. Mr. Sedito asked if any of the neighbors had responded.
Motion: to close ZBA-0810, Request of Pam and Tom Osborne, 191 Nettleton Hollow Road, application for variance to Zoning Regulations, 12.1.1 (20 ft. from wetlands), 17.4 (increasing non conformity) to construct deck and addition was made by Mr. Catlin, seconded by Mr. Snook by a vote of 5-0.MEETING
Ms. Roberts said she sees the hardship because of the wetlands. She stated that the proposed addition will be built on piers and that will have limited if any effect on the surrounding grounds. She believes the addition is modest and is favor. Mr. Catlin agrees with Ms. Roberts. He stated that the size of the lot and the proximity to the wetlands does prove a hardship and this is the only place for the addition. He is in favor of the project. Ms. Middlebrook agrees that there is a hardship and the addition is modest and necessary. Mr. Snook agrees with the other members and is favor of the project. Mr. Sedito stated that it is a modest addition it seems to reasonable in scope and agrees that the wetlands are preexisting condition and is a hardship.
Motion: to approve ZBA-0810, Request of Pam and Tom Osborne, 191 Nettleton Hollow Road, application for variance to Zoning Regulations, 12.1.1 (20 ft. from wetlands), 17.4 (increasing non conformity) to construct deck and addition by a vote of 5-0.8:26 pm
PUBLIC HEARINGMr. Sedito seated Polly Roberts, Todd Catlin, Randolph Snook, himself, and Alt. Rod Wyant.
ZBA-0811, Request of Dorothy Hill, 71 River Road, application for variance to Zoning Regulations 11.6.1.c (side yard setback), 11.5.1.a (lot coverage) to construct a garage.
Ms. Dorothy Hill was present to represent this application. She read her application letter to the Board. Around 1970 her late husband had constructed a perimeter concrete foundation for a 26 x 26’ garage. She now has the funding for the garage and would like to have one built. Three of her neighbors have given her verbal approval. Mr. Catlin asked if the foundation still exists. Ms. Hill said that it is not usable and would have to be torn down. Mr. Sedito asked if she had a site plan. Ms. Hill said that she did not and would like to know what would be allowed. Ms. Hill presented the Property Boundary Survey. Ms. Roberts noted that the septic fields were across the street. Mr. Catlin stated that the Board needs to see a drawing of what the Board is approving. Mr. Sedito requested drawings of the structure. Mr. Sedito stated that they should have a drawing that shows the height
Motion: to continue ZBA-0811, Request of Dorothy Hill, 71 River Road, application for variance to Zoning Regulations 11.6.1.c (side yard setback), 11.5.1.a.(lot coverage) to construct a garage was made by Todd Catlin, seconded by Rod Wyant by a vote of 5-0.8:43
PUBLIC HEARINGMr. Sedito seated himself, Polly Roberts, Todd Catlin, Randy Snook, Alt. Georgia Middlebrook.
ZBA-0812, Request of Robert Ensign and Margaret Federle, 32 School Street, application for variance to Zoning Regulations 11.6.1.c (setback), 17.4 (increase non conformity), to extend front porch, construct chimney, rear portico, and garage.
Mr. Robert Ensign and Ms. Margaret Federle were present to represent this application. Mr. Ensign displayed pictures of the front, rear, north and southern elevations of the property. He explained that the existing portico on the rear of the house will be shifted to the southern side of the house. The proposed chimney would be on the south side of the house where the bilco doors used to be. Mr. Ensign displayed copies of photos of the site where they would like to build the proposed garage. Ms. Roberts asked if the windows were going to be replaced. Mr. Ensign stated that he would like to replace the windows with ones that are more consistent with an early 1900’s house. The Board looked at the Lot Coverage Detail drawing. Mr. Ensign stated that the existing lot coverage is 4.9% and the proposed would be 5.4%. Mr. Sedito asked if there were any dimensions for the proposed stairs off of the front porch expansion. Mr. Snook stated that the steps would be included in the coverage calculations. Mr. Catlin stated that the site plan was confusing with the amount of things going on with the application and the complicated size and nature of the property. Mr. Sedito stated that they want to show a hardship and could Mr. Ensign address that. Mr. Ensign stated that there is no exterior space, backyard or usable front yard. He also stated that the addition that was built about 30 years ago does not really go with any of the other houses in the neighborhood and thinks the extension of porch would improve the front of the house. Mr. Snook stated that the Board needs an A-2 Survey. Mr. Catlin said that he drove by the property and he thinks that “with exception to the garage” this should have come in as a Special Exception. Mr. Sedito said that the setback for the garage should be determined by surveyors. Mr. Sedito read a letter from First Selectman, Mark Lyon. In the letter, Mr. Lyon states that “the driveway will be addressed in the driveway permitting process and we do not see any issues that would cause denial of the driveway permit.” The letter continues to say that the Town of Washington has some concerns with setback regarding drainage, winter icing, erosion and roadside maintenance to the Town Road. Mr. Sedito noted that the proposed driveway is very close to the road. Ms. Roberts stated that the proposed drive seems very awkward and believes the garage could be pushed back towards the hill to provide a less awkward entrance. This would also address the First Selectman’s concerns. Mr. Snook asked why the garage wouldn’t be better closer to the house. Mr. Ensign stated that he is trying to preserve 2 maple trees that are 100 year old trees on the property. Mr. Sedito stated that he would like to look at the property and see if this is the only location on the property for the proposed garage. He asked if there were any comments from the public. Ms. Addie Roberts stated that she is a next door neighbor. She believes that it would be better to get rid of the existing driveway and believes that it would help disperse the water better. Ms. Middlebrook asked Ms. Roberts where she would put the driveway. Ms. Roberts stated that she is in favor of the proposed garage and driveway. Mr. Sedito said that he would feel more comfortable if an engineer would take a look at the site considering the drainage problem. Mr. Sedito requested that Mr. Ensign and Ms. Federle come back with an A-2 survey showing the setbacks, dimensions, proposed extension of the porch, new chimney, rear portico, garage and driveway.
Motion: to continue ZBA-0812, Request of Robert Ensign and Margaret Federle, 32 School Street, application for variance to Zoning Regulations 11.6.1.c (setback), 17.4 (increase non conformity), to extend front porch, construct chimney, rear portico, and garage was made by Polly Roberts, seconded by Todd Catlin by a vote of 5-0.9:25
CONSIDERATION OF THE MINUTESMs. Roberts gave Ms. White a copy of the May 15, 2008 Regular Meeting Minutes with corrections to be made.
Page 1: after Present, include Absent members
The following lines should read
7th - Polly Roberts, Vice Chairman
21st – required the former office to be renovated…
26th – well below a 5% increase.
Page 2: 3rd – was anyone from the public…
20th – to construct a handicap ramp by a 5-0 vote.
29th – presented this application.
32nd - He said it does seem to fit within both the…
Page 3: 3rd – they took title of two deeds: one for the…
7th – rest of the property without merger occurring…
17-18th - within three years, the Town essentially waives the right to…
26th – anyone from the public that…
27th-28th – neighbor to the north who shares a driveway…
37th – family dwelling and isn’t working for…
41st-42nd – comply with one, the other, or both…
Page 4: 19th – the addition is modest at 450 sq. ft. and makes sense architecturally.
Page 5: 3rd - Ms. Roberts noted that the driveway is shared.
9th – the front part of the lot, including the house to the street.
23rd – we can continue to the June 19th ZBA meeting, but not any further and that drawing are needed.
Page 6: 7th – It was noted that it is still an old survey showing the now torn down storage building, but that it does show a location of the lake aeration equipment building.
Motion:To approve the minutes of the May 15, 2008 meeting of the Zoning Board of Appeals as corrected was made by Polly Roberts, seconded by Georgia Middlebrook by a 5-0 vote.OTHER BUSINESS
Mr. Catlin brought to the members attention that the Board needs to be more consistent about the required A-2 Survey with applicants. If applicants do not have a proper A-2 survey that they will not be put on the agenda. Mr. Sedito suggested that the Board should write something more expansive for the applicant(s). He volunteered to do this. Mr. Catlin volunteered to go over the applications with Ms.White at a scheduled time before the meeting to make sure that everything required for the application has been handed in. Mr. Sedito discussed and approved a bill from Mike Zizka. Mr. Sedito stated that when the ZBA is being sued the Board needs to contact Mike Zizka to establish a legal hold on electronic documents.9:55
Motion: to adjourn at 9:55 pm was made by Mr. Catlin, seconded by Ms. Roberts, by a 5-0 vote.Submitted subject to approval,
Shelley White, Land Use Clerk
6-27-08
Posted: May 24, 2008 May 15, 2008
Present: Polly Roberts, Todd Catlin, Randolph Snook, Katherine LeabAlternates: Georgia Middlebrook, Roderick Wyant III
Staff: Shelley White
Guests: Robert Fisher, Jr., Esq., Attorney Jim Kelly, Pam Seymon, Rod Pleasants, Douglas Babcock, Michael & Jane Athas, Paul Harknas, Averill
Polly Roberts, Chairman called the meeting to order at 7:35pm.
Tammy Zinick of Permit Me, Please had notified the ZBA that she would be unable to attend due to family emergency.
PUBLIC HEARING
7:35 pm
Ms. Roberts seated regular members Todd Catlin, Randolph Snook, Katherine Leab, herself and alternate Georgia Middlebrook.
ZBA-0807 Request of Kelly & Trevenen, LLC, 17 River Road, for variance; Zoning Regulation 11.6 - setback, 11.5.1.a - lot coverage, to construct handicap ramp. Attorney Jim Kelly presenting this application. Mr. Kelly presented the A-2 survey dated May 3, 2006. The survey does not include the square footage of the lot. Mr. Kelly stated he contacted Mr. Farnsworth for these numbers. Ms. Roberts requested these figures. Mr. Kelly stated the lot is .389 acres and the existing coverage is 28.2%.
Ms. Roberts asked if Kelly & Trevenen were asked to install the handicap ramp and Mr. Kelly said yes. The installation of the ramp required the dentist office to be renovated in order to have handicap access throughout the first floor including a larger front entrance. Mr. Snook asked for the physical dimensions of the ramp. Mr. Kelly stated that the ramp is 4 ft. wide and a total of 172 sq. ft.. 169 sq. ft. would be a 1% increase so this ramp will be slightly over a 1% increase bringing the lot coverage to 29.3% with the new ramp. Mr. Snook noted that it was well below than a 5% increase. Mr. Kelly informed the Board that he notified the neighbors, Barbara and Dave Cheney to make sure that they were aware of the project and to ask if they had any questions. Mr. and Mrs. Cheney said they had no objections. Mr. Catlin asked what the setback issue was. Mr. Kelly said that because it's a residential area they are reducing the rear yard setback. The existing setback is 34 feet and with the ramp it will be reduced to 25 ft and the required setback is 30 feet. Ms. Roberts asked if there was any one from the public that would like to comment or had any questions or concerns.
Motion: to close public hearing to consider application ZBA-0807/Kelly and Trevenen, 17 River Road, application for variance, Zoning Regulation 11.6(setback), 11.5.1.a(lot coverage) to construct handicap ramp was made by Mr. Snook, seconded by Mr. Catlin, by a 5-0 vote.
7:40 pm
MEETING
Mr. Snook stated that it is a moderate increase and that it is a necessary change to permit continued use of this professional building and that he is in favor. Mr. Catlin said that he had no issue with the application. Ms. Middlebrook stated that she thought it was necessary and that she is in favor. Ms. Leab thought it the application showed sufficient hardship and considers ADA and she is in favor. Ms. Roberts asked that Mr. Kelly provides the Land Use Office with the numbers of lot size and coverage either on a separate piece of paper or on the map. Mr. Kelly said that he would.
Motion: to approve application ZBA-0807/Kelly and Trevenen, 17 River Road, application for variance, Zoning Regulation 11.6(setback), 11.5.1.a (lot coverage) to construct handicap ramp was made by Ms. Roberts, seconded by Mr. Snook, by a 5-0 vote
7:45 pm
PUBLIC HEARING
Ms. Roberts seated regular members Todd Catlin, Randolph Snook, Katherine Leab, herself and alternate Rod Wyant.
ZBA-0808 Request of Schumer/Seymon, 14 North Road, application for special exception for Zoning Regulation 17.5.a.2 - lot coverage, to construct addition to existing dwelling. Attorney Fisher, Pamela Seymon and Rod Pleasants, architect, presenting this application. Mr. Fisher presented a map titled Property Boundary Survey dated March, 2008. His clients would like to expand the kitchen area which is on the westerly end of the house. Mr. Fisher stated that the current lot coverage is just over 12%. The addition would be slightly under 450 sq. ft.. It does seem to fit within both the spirit and the letter of the regulations that allows the expansion of a historic residence. Mr. Fisher said that the lot has never been surveyed. The previous owners wanted to add a barn and it was determined the driveway was considered part of the impervious surfaces on the lot and the additional building would make it non conforming. The previous owners made the driveway a nonconforming lot and conveyed it to a relative and the language of the deed stated the lot was not to be considered a building lot. When Mr. Schumer and Ms. Seymon purchased the property they took title of two deeds one for the house and one for the driveway. They are not merged. The land on the map is exactly what it was in 2002 when it was divided. Mr. Fisher said he wanted to bring this up because Mr. Talbot was questioning how the driveway could be conveyed to the same people who own the rest of the property with out merger occurring. He was not opposing the addition for 14 North Road. Mr. Catlin asked how the property was divided into two lots without an A-2 Survey. Mr. Fisher presented a map titled Boundary Line Revision Plan, 14 North Road, 1522, Dated 8/25/00 by Dicara Land Surveying Services. Ms. Roberts asked how the previous owners were allowed to build the barn, bringing the lot coverage up to 12%, and not had to have applied for a variance. Mr. Fisher said that at the time it was calculated to be 10% coverage. Mr. Catlin asked where the difference came from and if there was anything else that was added to increase the lot coverage. Mr. Fisher said that he was not aware of anything added to the property that would in crease the lot coverage. He stated that if a structure is placed in violation of zoning unless some enforcement actions are taken by the Town with in three years the Town is stopped, they have waived the right to enforce that zoning regulation. Mr. Fisher said that this property is legally non conforming now and the addition is well under 5%. Mr. Pleasants stated that his firm tried to be as sensitive to the already existing historically significant house. Mr. Pleasants presented plans titled Proposed Residential Alterations for Pam Seymon & Bob Schumer, by McIver
Morgan, dated 4/22/08 No. #A1.00, A1.01, A3.00. Drawing No. A1.00 is the First Floor Plan - Existing Conditions and Area of Proposed Addition. The Board and Mr. Pleasants discussed the site plans. Mr. Snook asked what the new lot coverage would be. Mr. Fisher stated lot coverage was calculated at 12.25%. Ms. Roberts asked if there was any one from the public that would like to comment or had any questions or concerns. Mr. Douglas Babcock, neighbor to the north and share a driveway with the Schumer/Seymons, stated that he and his wife do not have an issue with this special exception. Mr. Catlin states he is not sure about this application. He said that it's disappointing that a driveway was taken off to gain lot coverage and it turns out after all the lot coverage was exceeded greatly and there is nothing that the Zoning Board of Appeals can do at this point. Mr. Catlin stated that the Special Exception Rule says that you must meet one of two criteria. The first part of these criteria does not apply. The second criterion is supporting the continued use of a single family dwelling. Mr. Catlin said that most houses that need this special exception have issues that make it difficult to live in the 21st century. He asked Ms. Seymon if she would like to address this issue. Mr. Fisher said that it's a family dwelling isn't working for this family. Mr. Snook read the Special Exceptions section in the Zoning Regulations. There was a discussion amongst the board members as to whether or not the applicant is required to comply with all three paragraphs. Ms. Roberts read that it should be one or both. Mr. Catlin said that he understands that the applicant should comply with one or the other or both. Mr. Snook stated that he believes this application meets reasonable scope, location, architectural style, and appearance. Ms. Roberts asked if there were any other questions or comments.
Motion: to close public hearing to consider application ZBA-0808/Schumer/Seymon, 14 North Road, application for special exception, Zoning Regulation 17.5.a.2 (lot coverage) to construct addition, by Mr. Snook, seconded by Mr. Catlin, by 5-0 vote.
MEETING
Mr. Catlin stated that he was bothered by the application because he does not think it supports section 2 in the Special Exceptions section of the Zoning Regulations. He does not think the addition is necessary and is not in favor. Ms. Leab stated that she is very familiar with the house and knows that the side entrance is not very safe for children. She believes the continued use of a single family dwelling with children supports the application and she is in favor. Mr. Wyant agrees with Ms. Leab and that the expansion is necessary for it to function better for the family. Mr. Catlin feels that the property owner is adding much more than just a safer entrance and feels that he would support the application if a more modest alteration to the home were to be brought in front of the ZBA. Mr. Snook stated that he was in favor. He feels that people have the right to do certain things to their homes to meet their needs as long as they are reasonable, consistent with the neighborhood and town. Ms. Roberts stated that she is in favor although she agrees with Mr. Catlin and is very troubled by the issue of coverage. She believes that the addition is modest and makes sense architecturally.
Motion: to approve application ZBA-0808/Schumer/Seymon, 14 North Road, application for special exception, Zoning Regulation 17.5.a.2 (lot coverage) to construct addition, by Ms. Roberts, seconded by Mr. Snook, by 4-1 vote. Mr. Catlin voted no because he doesn't think it supports section 17.5.a.2.
8:27 pm
PUBLIC HEARING
Ms. Roberts seated regular members Todd Catlin, Randolph Snook, Katherine Leab, herself and alternate Georgia Middlebrook.
ZBA-0809 Request of Athas, 12 New Preston Hill Road, application for special exception for Zoning Regulation 17.5.a - increasing non conformity of non conforming dwelling, 11.6.1.b - side yard set back, to construct addition to existing dwelling. Mrs. Jane Athas and Mr. Michael Athas presenting this application. Mrs. Athas said that they would like to put a second floor on an addition that was done 20 years ago to add a master bedroom. They are not adding a bedroom because they are making one of the other bedrooms into a bathroom. Ms. Roberts asked if there is an A-2 Survey. An A-1 survey was presented by Mr. Athas. Ms. Roberts pointed out that an A-2 survey is required for this application process. Mr. Catlin asked if they have the measurement of the distance between the proposed addition and the lot line. Mr. Athas stated that it is 40 ft. on one side and more on the other side. Ms. Roberts asked if the addition was shown on the map. Mr. Athas said no. Mr. Snook asked if there was an A-2 Survey from when the addition was done 20 years ago. Mr. Athas said that it was not required. Ms. Roberts noted the driveway that is shared. Mr. Athas said their neighbors, the Averills, use it and it leads straight to their barn. Ms. Roberts stated that there is a need to have an A-2 Survey to have specifics on this lot, determine where the building lays on the property today, the dimensions of the current footprint and where it is in relation to the property lines so that there is a better understanding of the application. Ms. Roberts said that it would be acceptable to have a legitimate survey done that defined the front of the house to the street. Mr. Catlin explained that the Board is being asked to vary something very specific but they do not have the information of what they are being asked to vary.
Motion: to continue public hearing to consider application ZBA-0809 Request of Athas, 12 New Preston Hill Road, application for Special Exception for Zoning Regulation 17.5.a - increasing non conformity of non conforming dwelling, 11.6.1.b - side yard set back, to construct addition to existing dwelling, by Mr. Catlin, seconded by Mr. Snook, passed 5-0 vote.
8:50 pm
ZBA-0806 Request of Dowler, 13 Pleasantview Drive, application for Special Exception, Zoning Regulation 17.4.a - increasing nonconformity of a nonconforming dwelling, 17.5.a.1-front and side yard setback, to construct addition/cont. Due to family emergency no one attended this meeting to present this application. Ms. Roberts asked Ms. White to notify Ms. Zinick that we can continue at June 19th ZBA meeting and that drawings are needed.
Motion: to continue public hearing to consider application ZBA-0806 Request of Dowler, 13 Pleasantview Drive, application for Special Exception, Zoning Regulation 17.4.a - increasing nonconformity of a nonconforming dwelling, 17.5.a.1-front and side yard setback, to construct addition/cont., by Mr. Catlin, seconded by Ms. Roberts, passed 5-0 vote.
8:55 pm
CONSIDERATION OF THE MINUTES
Ms. Roberts requested the Board to consider the ZBA Regular Meeting Minutes from the April 17, 2008 with a correction to page 4, 1st motion should read "to continue public hearing to consider application #ZBA-0807..." and the second motion should read "to continue public hearing to consider Application #ZBA-0806...".
Motion: to approve the minutes of the April 17, 2008 as corrected, meeting of the Washington Zoning Board of Appeals as submitted was made by Mr. Catlin, seconded by Ms. Roberts, by a 5-0 vote
8:55 pm
OTHER BUSINESS
Board members examined the A-2 Survey from the Town of Washington for the compressor building at the Town Beach.
9:00 pm
Motion: to adjourn at 9:00 pm was made by Mr. Catlin, seconded by Ms. Roberts, by a 5-0 vote.
Submitted subject to approval,
Shelley White, Land Use Clerk
5-23-08
Posted: April 30, 2008 March 20, 2008
MEMBERS PRESENT: Mr. Catlin, Mrs. Leab, Ms. Roberts, Mr. Sedito
Mr. Snook
ALTERNATE PRESENT: Mr. Wyant, Mrs. Middlebrook, Mr. Bowman
STAFF PRESENT: Ms. White
ALSO PRESENT: Mr. Harlow, Ms. Habib, Mr. Lasar, Mr. Reich, Mr. Perachi, Mr. Cullen, Mrs. Dever, Mr. Smith, Mr. Lyon, Atty. Coploff, Atty. Nolan,
Mrs. Walker, Mr. Giesen, Mr. White, Mr. Farman
Mr. Sedito called the Meeting to order at 7:35 p.m.
PUBLIC HEARING
Rumsey Hall School/200 Romford Road/#ZBZ-0801/Variance: Section 11.5.1.c: Coverage/Construct Second Dormitory and Faculty House and Extend Driveway- Public Hearing Continued
Mr. Sedito seated Members Catlin, Leab, Roberts, Sedito, and Snook. He then read the legal notice, which was published in Voices on 3/9/08 and 3/16/08. Mr. Smith, Surveyor, Ms. Habib, Business Manager, Atty. Coploff, and Mr. Farman, Head Master of Rumsey Hall School represented Rumsey Hall School. Mr. Smith presented a map of Rumsey Hall with the breakdown of coverage with specific square footage of each portion. The first map shows the breakdown of the dorm, roadway, proposed faculty house and drive. The second drawing shows the existing features and topography.
The first plan entitled Compilation Plan for ZBA Application, Proposed Ice Rink, Dormitories & Faculty House, by Smith & Company, dated February 7, 2008, Revised February 25, 2008 was presented by Mr. Smith. He noted that he took off the topography so that the drawing showed the facts for coverage, coverage tables, zoning and it would contain his certification and seal and ultimately be recorded in the land records. Mr. Sedito asked if the coverage had changed since the last meeting. Mr. Smith said the coverage remains at 13.9%. It includes dormitory #2, the loop driveway, and the faculty house behind the gym. These items are highlighted on the map to show what the current variance is for. Mr. Catlin asked if the proposed faculty house had been removed from the plans. Mr. Smith stated that in the previous meeting the ZBA had a discussion of moving the proposed faculty house to the Quad area. He explained that there are a series of water lines and two tanks that go thru the center of the Quad that cannot be disturbed. This is one of the reasons the alternate location would not be suitable for the proposed faculty house.
Mr. Sedito questioned if the drawings are showing existing grades and Mr. Smith stated that is correct. Mr. Sedito he saw 2 problematic areas. There are areas that are too steep for the driveway and trees would have to be cleared and the area would need to be filled. Ms. Habib stated that the plan shows a conceptual faculty house area which they intend to build in a year or two. Mr. Snook said that ZBA cannot approve a conceptual plan.
Mr. Sedito asked how the driveway would be done. Mr. Smith said that there would be grading on the low and cut on the high side. There is an existing septic system with a reserve area below it. This is not an area where they can put another building. The driveway will start at a 14% grade which will become a 10% grade and it will level off at the top. Mr. Sedito stated that the grade on the embankment was very steep. He asked how they would accomplish getting the filling in. Mr. Smith said that there will be a retaining wall on the low side where it will be reconfigured for 4 parking spaces and it will come up and build into the bank and it will go up to 13% grade on the high side. Mr. Snook asked what the difference of the faculty houses in terms of utility. Mr. Smith said it is just that they are smaller but they are to house faculty. Mr. Smith said that the house is conceptual and they are trying to get approval for the coverage. Mr. Sedito stated that if the ZBA approves the coverage that it is also approving the location. Ms. Leab asked when the faculty house first appeared. Mr. Farman said it first emerged as a site 8 years ago when they were planning for the gym and the performing arts center. The original plan was to have 5 free standing faculty homes and 2nd dormitory. The dorms are going to house the same amount of students, approximately. What they have changed is that they are incorporating the two faculty homes into two dormitories. They are including the same number of faculty homes that they had originally proposed. If they go to the lower campus there are the issues of set back requirements from the river and the road. Mr. Sedito said to keep in mind that there is a neighbor that is opposed to putting the faculty house on the side of the gym and is wondering, if they do approve this faculty house to begin with, why it can't be placed in the alternate spot suggested by the ZBA. This area seems to be plenty of space for the house in question. Mr. Bowman said the alternate area would be sensible because it would contribute to the Quad effect that the plans are trying to achieve. Mr. Catlin stated that there is not a question of the need for the new dorms and that the question is the location of the proposed faculty house. Mr. Farman asked for clarification, regarding the plans, with the building not exact to specifications that the proposed faculty house is almost nonexistent on the plans. Maybe they could take it off and proceed without the proposed faculty house. Mr. Smith presented an alternate plan entitled Compilation Plan for ZBA Application, Proposed Dorm No. 2 and Loop Drive, dated February 7, 2008, Revised February 25, 2008 by Smith and Company. The numbers are reduced to 13.7% coverage. Mr. Farman stated that it is increasingly difficult to find staff and keep them because they cannot afford to live in Washington. The long range plan is to provide the faculty with housing. Ms. Habib stated that they are not ready to locate it but it is attractive to the faculty to not be directly on campus. Mr. Sedito stated that the neighbor needs had to be considered and that the burden is on the representatives of Rumsey Hall School to show the hardship of relocating the proposed faculty house. Mr. Farman said that they could take the house off and go back and revisit at a later date. Mr. Sedito asked to talk about the reasoning for the 2nd dormitory. Mr. Farman stated that they plan to sell the Foothills Dorm on Sunny Ridge Road that houses 12 girls and 4 faculty apartments and move them to the campus. They will need the dorm to reduce crowding. Mr. Sedito asked if the fire department requested the circular continuation the 2nd dorm to the Hilltop area. He stated as well that it is a very steep slope and questioned if the retaining wall would be 8ft. tall. Mr. Smith showed plan entitled Topographic Overlay Compilation Plan For ZBA Application, Proposed Ice Rink, Dormitories & Faculty House, dated February 7, 2008, Revised February 25, 2008. The plans show the driveway comes in front of hilltop then up and around and they would come in off of that. The maximum height of the retaining wall would be 5 ft. from the back of the retaining wall it comes up to a 2-1 slope. The limits of clearing show the grading ties in to the existing grade. Mr. Sedito asked where the sewage will go for dorm #1. Ms. Habib said it goes to the other side. Mr. Smith said there will be an area cleared one time for the septic and the area will be allowed to grow back. Then there was a discussion about the profile of the driveway and that it meets the existing 14.1% and transitions to 7% and into the existing grade.
Mr. Sedito asked if there were any questions form the public. Attorney Nolan, representing Stephanie Fenwick, stated that his client is in the progress of negotiations that will resolve the issues she has with the plans. On her behalf Atty. Nolan asked that the ZBA withhold the approval of the variance on the basis that there is no preexisting hardship. Mr. Snook stated that busing the students onto the campus is a hardship. Mrs. Leab said that the facility that the children are in (Sunny Ridge Dorm) is too old and there is a need to consolidate the student body. Mr. Sedito read the description of a hardship from Mike Siska, The ZBA Attorney. Atty. Nolan respectfully objects on behalf of his client and Ms. Fenwick objects. Mr. Catlin read the letter from Ms. Fenwick regarding the one specific Rumsey Hall faculty house. He stated that this is the house that is being withdrawn. Mr. Sedito asked if anything needed to be added to the discussion. The public and Atty. Nolan declined.
MOTION: To close ZBA-0801 /Rumsey Hall School/Variance: Section 11.5.1.c: Coverage/Construct second dormitory and extend driveway. Proposed faculty house removed from consideration. By Mr. Catlin, seconded by Mr. Snook, and passed 5-0.
MEETING
Mr. Smith gave Mr. Sedito the plans entitled Compilation Plans for ZBA Application, Proposed Dorm No. 2 and Loop Drive, showing 13.7% coverage, dated February 7, 2008, Revised February 25, 2008, by Smith and Company. Mr. Sedito said that procedurally the application still has the faculty house. Mr. Sedito stated that he walked the property himself and his biggest concern was the driveway and the presently withdrawn faculty house. Mr. Snook said he was comfortable with the plan and believes that it is consistent with the needs of the school and he is in favor. Polly Roberts agrees and believes that the hardship is the lots are split by the road. It's obvious from the map that it would not be possible to put a building of this size on the lower campus and she is in favor. Mr. Catlin stated he is also in favor and this is a good case of hardship and it is the lot they are forced to use. Ms. Leab is in favor. She said that it is a detriment for the student body to be in an outliving area of the school and also living in a sub par facility. Mr. Sedito agrees with everyone that Rumsey Hall has shown a hardship and that it is consistent with regulations. He says it is a reasonable use of the property and the improvements they have already made. He said that the faculty house is not consistent with the plan.
MOTION: To approve ZBA-0801/Rumsey Hall School/ Variance: Section 11.5.1.c:Coverage/Construct second dormitory and extend driveway, Per site plan entitled Compilation Plan For ZBA Application, Proposed Dorm No. 2 and Loop Drive, by Smith and Company revised February 25, 2008, showing 13.7% coverage and absent of a proposed faculty house, by Mr. Sedito, seconded by Mr. Catlin, passed 5-0.
PUBLIC HEARING
Mr. Sedito seated regular members Catlin, Leab, Snook, Roberts, himself.
Town of Washington/59 East Shore Road/#ZBA-0802/Variance: Sections 17.4: Increase in Non Conformity, 11.5.1: Lot Coverage, 11.6.1.c: Setback, and 12.14: Noise Generating Equipment/ Construct Structure to House Compressor, Replace Beach House, Reconfigure Parking Lot
Mark Lyon, First Selectman for the Town of Washington, and Steven Lasar, Architect, are present to represent Town of Washington. Mr. Catlin inquired about the parking lot and boat ramp being under water. The concern of the ZBA is that they are not looking at the whole project and looking at only half of the project and either approving it, or not, will end up in having to clean up the first half of the project. Mr. Sedito asked why this has happened. Mr. Lyon said the elevation of the wall has been changed to 18" as well as the grades of the whole parking area to address the water level. The lake water was backing up through the catch basins. There was a period of heavy rain when the water level did go over the all by a few inches. The Town of Washington is working with the Town Engineer, Kevin Smith, with the parking lot and to raise the parking lot 18" and that should take care of the problem. Originally, according to Mr. Smith, the type of base was thought to be able to accommodate the water level and the occasional increase in water level. Mr. Lyon expressed his concern that the raised level would be frequent. Mr. Sedito said that the problem was in the process being rectified.
Mr. Lyon presented the site plan entitled Compressor Building for the Lake Waramaug Task Force, dated 3-8-08, Revised 3-20-08, by Stephen Lasar Architects. It was discussed as to how important the compressor is to the health of the lake. The air compressor will need to get started by June 1st at the latest. The compressor needs to be housed in a storage building which is built upon a solid foundation. Mr. Lyon stated he would like to show the drawings for the whole project. Mr. Lyon and Mr. Lasar presented the site plans. Mr. Catlin asked if it was going to mostly underground. Mr. Lasar stated that it has to be above flood level. Mr. Lyon presented a site plan entitled Elevations for the Compressor Building for the Lake Waramaug Task Force, dated 3-20-08, by Stephen Lasar Architects. Mr. Sedito asked if there was an A-2 survey of the compressor. Mr. Catlin said that the ZBA is looking for a proposal of the whole project. Mr. Sedito said that the ZBA needs the lot coverage and the percentage of increase and setbacks. Mr. Catlin and Ms. Roberts agreed. Mr. Lasar said that the plans show where the compressor building will be. Mr. Lasar stated that the old building that the compressor was in was torn down. The compressor will be the same piece of equipment housed in its own building. It is an 11x16 building and 1 story with a peak roof. He presented the drawing of the building. Mr. Lyon pointed out the new building will be much smaller than the building that previously housed the compressor. Mr. Sedito inquired about the final details of the parking lot. Mr. Catlin asked how far below grade level of the road the building would be. Mr. Lasar said the road is 700ft. and the floor of the compressor is 698 ft. and that there is 4 ft. from the end of the building to the side of the road. The building will be pushed further back from the property than the previous building. Mr. Catlin asked what the compressor uses for fuel. Mr. Lyon stated it was run by electricity. Mr. Catlin asked if there was any other location for it. There were other sites suggested and then rejected. Mr. Lyon presented a drawing with the proposed footprint and the existing footprint and said that the proposed plan would be a 2% increase. Mr. Sedito stated that the board may have enough information to approve the compressor building only at this point. Mr. Lyon presented a drawing and stated that the parking lot reconfiguration was determined by the Parks and Recreation Department records of daily use, drainage, turning radius, trying not to encroach on the beach area. Mr. Sedito asked for the purpose of the curd. Mr. Lyon the curb improves the drainage and limits the drainage into the lake. Mr. Catlin inquired what type of surface the parking lot was. Mr. Lyon said that it was paved but sediment has covered it. The plan is to repave and regrade the area. Mr. Sedito stated that the ZBA is looking at: 1. Lot Coverage, adding about 1,000 sq. ft., 2. Adding more paved surface, 3. Increasing nonconformity, 4. Modification of the cottage. Ms. Roberts asked if the new cottage would use the old foundation. Mr. Lyons said no, that it had to be raised up because of the water and it will have restrooms and dressing rooms. And the new cottage position would be shifted a little. Mr. Catlin and Mr. Sedito said that there really aren't any nonconformity issues. Mr. Sedito stated that the public hearing could be closed or keep it open and ask for more information. Discussion among the ZBA members as to whether they should approve the compressor building and withdrawal the rest at a later date that can be applied for again. Mr. Catlin asked if the compressor could be put in temporarily for the summer. Mr. Lyon said it has to be undercover because it is electric and it needs the foundation. Mr. Sedito said that it was a tough position to put the ZBA with the time constraint. Mr. Catlin is still uncomfortable with the project and not being able to see the project as a whole. Ms. Middlebrook and others of the ZBA agreed that the Town of Washington should be held to the same standards as the rest of the town when presenting its information for approval. Mr. Snook stated he thinks the drawings have enough information on the location and structure of the compressor building. Mr. Sedito asked if it was not approved tonight would revisiting it on ZBA meeting on April 17th be too late. Mr. Lasar said that there has to be a foundation as well as the electricity for the compressor which will take time. The building itself will go up quickly. Ms. Leab asked what could be done if the compressor building was not done in time and how serious the situation is. Is there anything temporary? Mr. Lasar stated the compressor is over 1,000 lbs. and it would not be able to sit outside. It is in storage now. Mr. Lyon said that they left it on the foundation of the old building after it was demolished and then a shed was built around the compressor and they ran the compressor with temporary service until the fall. It was then put in storage and the rest of the foundation was demolished. Mr. Lyon stated that there are no complaints from the neighbors as of this date. Mr. Snook said he believed that there was enough information to approve the compressor building. Ms. Roberts agrees with Mr. Catlin that the whole picture should be presented but believes that it is important to the health of the lake to get this running. Mr. Sedito asked if anyone from the public would like to comment. Mary Weber from the beach committee said they tried to make it good for the neighbors. They are stuck with the fact that they want it done before the season and that it has to be done but they don't want it to disrupt the view and the beach. The Beach Committee went thru scenarios of other places to locate the compressor. This is the only place for it. The building has to be built now. She stated that it could never be attached to a house because it makes too much noise. It would always have to be its own separate entity. Mark Lyon said that it operates 24 hours a day and it's too loud to have in a basement and they don't have the funding to build the cottage now anyway. The basement of the house would be too low as well. Mr. Lyon stated that Mr. McGowan said that a thirty day delay would affect the health of the lake. He would rather have it up in May. Mr. Sedito asked if the compressor building was going to interfere with the parking. Mr. Sedito said that this hearing could be continued to next month, or they could close the public hearing and vote on just 1 portion of the application. Mr. Catlin said that a negative for the town is that if doesn't pass that they can't resubmit for 6 months. Mr. Sedito asked if they could withdraw the cottage and the parking lot. Mr. Lyon said that they would agree to just the compressor house. Mr. Sedito said that the Town of Washington would have to reapply for the cottage and the parking lot. Ms. Leab asked Mr. Sedito if the ZBA are requiring, within the week, that there be some kind of overlay so that it is on the A-2 survey. Mr. Sedito said that the board would need a proper A-2 Survey.
MOTION: to close public hearing /59 East Shore Road/ZBA-0802/Variance: Sections 17.4: Increase in Non Conformity, 11.5.1: Lot Coverage, 11.6.1.c: Setback, and 12.14: Noise generating equipment/Construct structure to house compressor, replace house, reconfigure parking lot, by Mr. Catlin, seconded by Mr. Snook and passed 5-0.
MEETING
Mr. Sedito said that now the ZBA members are only considering the building that houses the compressor. Mr. Catlin began by stating that he was bothered but understands the urgency. He feels that the application is insufficient and they need and A-2 Survey to see the whole picture. Mr. Sedito said that he believes that they can make their approval contingent upon receiving a proper A-2 and reviewing it. Mr. Snook does not think that can be done. He believes that there is more than sufficient information to approve the compressor house from the drawings. Mr. Catlin concurs, however he states that this is a highly sensitive area and people are against it. Mr. Snook said that it is the same compressor that has been used for 10 years and no one has ever complained about it. Mr. Catlin agreed. Ms. Roberts believes that the point is well taken and that they are requesting the survey for the larger part of the project. This will provide the bigger picture of the whole project. She understands the location and the urgency and is in favor, and is comfortable with the information that has been presented. Ms. Leab believes that there is enough information she noted that the Lake Waramaug Task Force has said that this is the best location. Rather that gamble what happens to lake that it needs to be done. Mr. Snook said he believes his point has been stated. Mr. Sedito agrees that the ZBA is in a tough position and if it weren't for the time constraint that this probably would not be approved. He believes there is a significant hardship. They are dealing with setback and noise. The noise should be the same and have not been any complaints. He also would have liked to see the whole project. He believes it is the best location. Mr. Catlin asked if there is a lake setback that they need a variance. Mr. Sedito referred to the Zoning Regulations 12.1.1.b.2 which states that one municipal boat ramp and associated parking and storage structures and facilities managed and operated by the Town of Washington.
MOTION: to approve ZBA-0802 submitted by the Town of Washington for the variance of Zoning Regulations 17.4, increase in non conformity, 11.5.1, lot coverage, 11.6.1.c, setback, and 12.14, noise generating equipment, to construct a structure to house a compressor, with the provision that the Town of Washington submits an A-2 survey showing the exact location within a reasonable period of time by Mr. Sedito, seconded by Mr. Snook and passed 4-0-1 with Mr. Catlin abstaining because he would like to see the site plans for the whole project and believes the application is insufficient.
MOTION: to close the public hearing by Mr. Sedito.
PUBLIC HEARING
Mr. Sedito seated regular members, Catlin, Leab, Snook, Roberts and himself.
ZBA -0803 Request of Schein, 2 Wykeham Road, application for a variance from Zoning Regulation 11.6.1.c (side yard setback) to construct a patio. Mr. Krivicky representing Schein. Mr. Sedito stated that this variance was for more than a patio and it includes a spa. Mr. Krivicky stated that the spa would be a portable spa in order to be approved by the Health Department. Mr. Krivicky stated that it needed to be placed so that it wouldn't be seen from the road because the house is in a historical district. Mr. Snook commented that the site map was difficult to read. Mr. Catlin noted that the previous owners had been approved for a porch and the like amount was to be restored in the yard. Mr. Sedito said that a portion of the old drive was supposed to be grassed over to make up the lot coverage. Mr. Catlin read a letter from Janet Hill, Land Use Coordinator, stating that with the approval of the side porch was contingent on removal of the impervious area in front of the garage and grass it over. To this day has not been done. Mr. Krivicky stated that the current owners were unaware of this. Mr. Sedito stated that the survey doesn't make sense in that it shows a decrease in lot coverage and still includes the driveway. Ed White, 6 Parsonage Lane, asked if anything was going to be taken out or disturbed in the area and if there was going to be any excavation. Mr. Krivicky said that they were planning on taking out exposed rock. Mr. Sedito stated that they could approve the deck but not the spa. Mr. Snook asked how the spa was portable. Mr. Kriviky stated it was all contained. Mr. Catlin asked what the hardship was. Mr. Krivicky said that they couldn't place the spa closer than 25 feet of the septic, this is the only place it cannot be seen (historic district). Mr. Sedito stated that the spa was not on the application. They could feasibly approve the deck for setback. Mr. Catlin stated that there needs to be a hardship. Mr. Krivicky stated that the hardship is that the spa cannot be seen from the road because it is a historic district. Ms. Leab agrees that there is not a necessity here. Mr. Catlin believes that the survey is irrelevant. Mr. Krivicky states that there are drainage and flooding problems. Mr. Sedito explained that a hardship needs to show that because of the nature of land is it preventing reasonable use of the property. The applicant can remove the rock but they are entitled to put the patio back where it was. Mr. Sedito suggested that the applicant talk with Mike Ajello with Zoning and he would tell them if they need a variance. Members, Catlin and Leab, feel that there is no need to discuss as there is no hardship. Mr. Sedito asked if the public had any questions.
MOTION: to close ZBA-0803 request of Schein, 2 Wykeham Road, application for a variance from Zoning Regulation 11.6.1.c to construct a new patio, by Ms. Leab, and for application withdrawn.
PUBLIC HEARING
Mr. Sedito seated members, Catlin, Leab, Roberts, Snook and himself.
ZBA-0804 request of Region 12 School District, 159 School Street, application for a variance from Zoning Regulation 11.5.1(lot coverage) to install outdoor track. Mr. Harlow with the firm of Milone and MacBroom Engineering presented himself. He stated that the Region 12 School District would like to replace the 35 year old stone dust track with a 6 lane all weather surface running track with an 8 lane sprint track. Mr. Sedito stated that it almost within the lines of the existing track. Mr. Harlow said that there an emergency access road and an ADA accessible walkway has been added. Ms. Leab asked if those were required. Mr. Harlow confirmed it was a requirement. Mr. Catlin asked if it the walkway was all around the track. Mr. Harlow stated that it was but it wasn't required to go all the way around and that it will keep spectators off the track surface. Mr. Sedito asked the width of the walkway. Mr. Harlow stated 5 ft.. Mr. Sedito stated that the coverage has gone from 21.7% to 23.1%. Mr. Snook asked if there was a change in elevation. Mr. Harlow said by 1/10". Mr. Sedito asked if the drainage problem with be fixed on the right side. Mr. Harlow stated that a drainage system will be installed to protect the track. The shot put and bleacher pad are included in the coverage calculation. Mr. Sedito asked if there was and A-2 survey of all of this. Mr. Harlow said the drawing that he was presented is a T2 survey. Mr. Harlow stated the hardship is that this is a R1 District, 2. The existing track is 35 years old, 3. The CIAC will not allow Region 12 to hold home events, 4. Emergency vehicle and ADA access is required. Mr. Sedito asked if there was handicap access and bleachers. Mr. Harlow stated that there is handicap access and that a stone pad provided for bleachers in the future. Mr. Sedito asked the public for questions and comments. Mr. Grayson the owner of a property that abuts the western edge of the western side of the track. He stated that he agrees that this is needed but his concern is that there is going to be ducting for night lights. Mr. Harlow said that there is no conduit or foundations at this time for lighting. Mr. Sedito asked the public if anyone wanted to speak for or against the project. Ms. Weber said the track has to be done and it will be a good place for the community. Ms. Walker said that this has been a hardship for the children to practice on the current track. Ms. Dever said that she supports the track. Mr. Geisen said that it will keep the kids close to home and safe. Mr. Kroft was present to state his support for the project.
MOTION: to close ZBA-0804 request of Region 12 School District, 159 School Street, application for a variance from Zoning Regulation 11.5.1(lot coverage) to install outdoor track, by Mr. Snook, seconded by Mr. Catlin by 5-0 vote.
MEETING
Ms. Leab stated that this project is something that needs to be done and she is favor. Mr. Catlin said that he sees no problems and the school it needs to be brought up to standards and it is a benefit to the community, he is in favor. Ms. Roberts agrees with Mr. Catlin. Mr. Snook also agrees that it is needed and is in favor. Mr. Sedito stated that it is a moderate increase in lot coverage. Mr. Sedito said that the ZBA shouldn't just pass it because the town wants it but they have to look at it is a unique property and there is no other place to put it. He said he thinks it needs to be done and he is in favor.
MOTION: to approve ZBA-0804 request of Region 12 School District, 159 School Street, application for a variance from Zoning Regulation 11.5.1(lot coverage) to install outdoor track, by Mr. Sedito, passed by 5-0 vote.
OTHER BUSINESS
Mr. Sedito stated that the minutes from February 21st ZBA meeting and the March 20th ZBA meeting will be reviewed at the next ZBA meeting scheduled for April 24th. Ms. Leab informed the ZBA that she will be absent for the April and May ZBA meeting.
Meeting adjourned at 10:06pm.
Submitted subject to approval,
Shelley White, Land Use Clerk
REGULAR MEETING
Consideration of the Minutes
After a brief discussion it was the consensus to consider the 12/17/07 Minutes at the next meeting.
MOTION: To consider the 12/17/07 Minutes at the next meeting. By Mrs. Leab, seconded by Mr. Snook, and passed 5-0.
Communications
The Board briefly reviewed Atty. Zizka's latest invoice for court conferences for the Jacobson and Martin appeals. The Board thought it was a good idea to review legal bills at meetings prior to submitting them to the Selectmen's Office for payment.
The Ct. Federation of Planning and Zoning Commissions newsletter was circulated.
Ms. Roberts and Mr. Wyant reported on a land use seminar they had recently attended. Ms. Roberts noted that points raised there included: 1) Commissions should come up with as many reasons for the record as possible for approving or denying an application. 2) Accessory structures are not essential to the reasonable use of a property. 3) Land Use commission round tables are an effective way for commissioners to alert other Town commissions of their concerns, ideas, and actions. 4) Commissioners should be sure to understand the intent of any new regulations adopted. Ms. Roberts noted an example of this last point would be Section 12.14 of the Zoning Regulations, where the Zoning Commission requires noise generating equipment to be as close as possible to the structure served because owners will keep it operating quietly if it is kept next to their own house.
MOTION: To adjourn the meeting. By Mr. Catlin.
Mr. Sedito adjourned the meeting at 8:39 p.m.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Janet M. Hill, Land Use Coordinator
Posted: April 29, 2008 February 21, 2008
MEMBERS PRESENT: Mr. Catlin, Mrs. Leab, Ms. Roberts, Mr. Sedito
Mr. Snook
ALTERNATE PRESENT: Mr. Wyant
ALTERNATES ABSENT: Mr. Bowman, Mrs. Middlebrook
STAFF PRESENT: Mrs. Hill
ALSO PRESENT: Ms. Habib, Mr. Riefenhauser, Mr. Charles, Atty. Coploff, Atty. Knowlan, Mr. Solley,
Mrs. Frank, Mr./Mrs. Buonaiuto, Mr. McGowan,
Press
Mr. Sedito called the Meeting to order at 7:30 p.m. He noted the resignation of the Board's long time clerk, Pam Osborne, and thanked her for her excellent work. He said she had done an outstanding job and that the Board appreciated all of her efforts.
Rumsey Hall School/200 Romford Road/#ZBZ-0801/Variance: Section 11.5.1.c: Coverage/Construct Second Dormitory and Faculty House and Extend Driveway
Mr. Sedito seated Members Catlin, Leab, Roberts, Sedito, and Snook. He then read the legal notice, which was published in Voices on 2/10 and 2/17/08. Ms. Habib, Business Manager, and Mr. Riefenhauser, engineer, represented Rumsey Hall School. Mr. Catlin read the 1/29/08 letter from Mr. Farmen to the commissioners, which stated the application was for an additional 1.4% coverage over the previously approved variance for 12.6%, bringing the total proposed coverage for the Hilltop parcel to 14%. The letter stated that this was the only area available for the new buildings due to setback requirements from the Bantam River, Romford Road, and the school's existing septic fields and that there would be no increase in enrollment as a result of the new construction.
Mr. Sedito noted that Mr. Cappuccio, an adjoining property owner, had not been notified of the last variance application. Ms. Habib said that he had been notified of this application and showed evidence that he and two additional adjoining property owners had been notified this time. It was noted that Mr. Cappuccio was one of two adjoining property owners whose green certified mailing receipt card had not been returned. Mr. Sedito stated that the notice requirement had been met by the applicant.
The map, "Compilation Plan for ZBA Application," by Smith and Company, dated 2/7/08 was reviewed and Ms. Habib pointed out the location of the work in progress and the locations of the two proposed buildings.
Mrs. Leab noted that during the consideration of the previous application the Board had asked the school to talk to the Fire Dept. about the circular driveway and one way traffic. Ms. Habib stated that the Fire Marshal required the circular driveway, but said she had not asked him if having only one entrance was OK. The other commissioners agreed that the school had been asked to obtain this information before submitting the next application, although Mr. Sedito said it was more of a Zoning issue. Ms. Habib advised the Board that the existing driveway had been widened and its accessibility improved.
Ms. Roberts asked for the square footage of the footprints of each building and of the proposed new portion of driveway. Mr. Sedito noted the Board normally gets this break down of proposed coverage. Ms. Habib gave approximate figures of 1000 sq. ft. for the faculty house and 4120 sq. ft. for the dorm, which left 14,000 sq. ft. for the driveway.
Mr. Sedito asked why the proposed faculty house was not located nearer to the dorms and farther from the neighbors. Ms. Habib stated the area to the rear of the Big Top would be a more secluded spot for a faculty member and that it had already been cleared. Mr. Sedito was concerned about locating the house there because it was an area that the neighbors were sensitive about. Mrs. Leab did not think the reasons cited justified putting the house there, adding there was no hardship shown that would require it to be placed there. Mr. Snook agreed, saying there was no compelling reason not to locate the house on the driveway loop near the dorms. Mr. Sedito pointed out that doing so would reduce the coverage because less new driveway would be needed. Ms. Habib said if the Board was concerned the school could find an alternate location and it was the consensus that it should do so. Mrs. Leab said that would be the neighborly thing to do.
Mr. Riefenhauser briefly discussed how the coverage request would be reduced if the faculty house was eliminated from the application. In doing so it was noted that it was proposed on a filled area that was not shown on the map. Mr. Sedito noted that the A-2 survey should show all impervious surfaces and since this area was not shown, he was not sure whether or not it had been included in the proposed coverage calculations. He asked for more specific details about the exact existing and proposed coverage. Mrs. Leab noted the figures had to be precise. Mr. Riefenhauser agreed to supply this information.
Mr. Snook pointed out that the school had cleared the area behind the Big Top; an area it had promised to keep forested when it made its previous application. Ms. Habib did not think this had been the area of concern, but Mr. Sedito noted the neighbors had been very concerned about clearing on this hillside. Mr. Sedito and Mr. Snook thought the proposed faculty house site would be seen by concerned adjoining property owners and so recommended that every reasonable effort be made to move it. Mr. Sedito also thought it was a reasonable to request that Rumsey plant trees in the cleared area to appease the neighbors.
Mr. Catlin asked if there were any future proposals in the Master Plan that would affect the school's coverage. Ms. Habib stated that the dining hall would be rebuilt, but on the existing footprint because it is located within 200 feet of the river. She stated if the current application was approved, the Master Plan would be essentially complete.
Mr. Riefenhauser noted that Rumsey had applied for only 8.9% coverage of its total acreage, while The Gunnery had 24% coverage.
The Board discussed the procedural question of whether the application could be amended. It was noted it would be OK to withdraw any part of it and that doing so would not require renotification. It was also noted that the revised plans would have to be submitted in a timely manner so that the public would have adequate time to review them before the next meeting.
MOTION: To continue the public hearing to consider
Application #ZBA-0801 submitted by Rumsey Hall School for a variance of Zoning Regulation 11.5.1.c, lot coverage, to build a second new dormitory and faculty house and to extend the circular driveway at 200 Romford Road to Thursday, March 20, 2008 at 7:30 p.m. in the Land Use Meeting Room, Bryan Memorial Town Hall. By Mr. Catlin, seconded by Mr. Snook, and passed 5-0.
At 8:17 p.m. Mr. Sedito continued the hearing to Thursday, March 20, 2008 at 7:30 p.m. in the Land Use Meeting Room.
Town of Washington/59 East Shore Road/#ZBA-0802/Variance: Sections 17.4: Increase in Non Conformity, 11.5.1: Lot Coverage, 11.6..1.c: Setback, and 12.14: Noise Generating Equipment/ Construct Structure to House Compressor, Replace Beach House, Reconfigure Parking Lot
Mr. Sedito called the public hearing to order at 8:19 p.m. and seated Members Catlin, Leab, Roberts, Sedito, and Snook. He read the legal notice published in Voices on 2/10 and 2/17/08.
Mr. Sedito noted the only activity specified in the 1/30/08 Explanation of Request was the construction of a building to house the Lake Waramaug compressor, while the legal notice also listed the replacement of the beach house and reconfiguration of the parking lot. Mr. McGowan, Director of the Lake Waramaug Task Force who owns and operates the compressor, said he was present to apply for 136 sq. ft. of additional coverage for the compressor building. He thought the First Selectman had received such a favorable response at the public informational meeting that had recently been held that he included the two additional activities in the application. He noted, however, that he was responsible only for the compressor building.
It was noted there was no information in the file concerning the replacement of the beach house or the reconfiguration of the parking lot and that no one present was authorized to represent the Town.
Mr. Snook said there was no data in the file concerning noise generation. Mr. McGowan responded that in his reading of the Regulations, Section 12.14 applied only to residential properties or to commercial properties next to residential properties and not to the Town Beach. Mr. Sedito thought Section 12.14 applied. Ms. Roberts noted the spirit of the law was to protect the surrounding neighbors and Mrs. Leab said if the compressor was going to run 24/7 it had to be as quiet as possible. Mr. McGowan noted that the compressor had previously been housed in a building on site and that there had never been any noise complaints. In addition, the new building 1) would be insulated, 2) would be closer to the caretaker's house, and 3) would be submerged on three sides between the retaining wall and new parking lot, which would help to insulate the sound.
Mr. McGowan explained that the timing of approval was crucial because the compressor had to be installed and operating by May 15th. He said, however, that he could wait until the March meeting, but hoped if there were still outstanding questions on the beach house and parking lot at that time, that the Board would act only on the compressor building component of the application.
MOTION: To continue the public hearing to consider Application #ZBA-0802 submitted by the Town of Washington for variances of Zoning Regulations 17.4, increase in non conformity, 11.5.1, lot coverage, 11.6.1.c, setback, and 12.14, noise generating equipment, to construct a structure to house a compressor, replace the beach house, and reconfigure the parking lot at 59 East Shore Road to Thursday, March 20, 2008 in the Land Use Meeting Room - public hearings begin at 7:30: this will be the second hearing on the agenda. By Mr. Catlin, seconded by Mrs. Leab, and passed 5-0.
Mr. Sedito continued the public hearing to Thursday, March 20, 2008 in the Land Use Meeting Room; the second hearing on the agenda.
REGULAR MEETING
Consideration of the Minutes
After a brief discussion it was the consensus to consider the 12/17/07 Minutes at the next meeting.
MOTION: To consider the 12/17/07 Minutes at the next meeting. By Mrs. Leab, seconded by Mr. Snook, and passed 5-0.
Communications
The Board briefly reviewed Atty. Zizka's latest invoice for court conferences for the Jacobson and Martin appeals. The Board thought it was a good idea to review legal bills at meetings prior to submitting them to the Selectmen's Office for payment.
The Ct. Federation of Planning and Zoning Commissions newsletter was circulated.
Ms. Roberts and Mr. Wyant reported on a land use seminar they had recently attended. Ms. Roberts noted that points raised there included: 1) Commissions should come up with as many reasons for the record as possible for approving or denying an application. 2) Accessory structures are not essential to the reasonable use of a property. 3) Land Use commission round tables are an effective way for commissioners to alert other Town commissions of their concerns, ideas, and actions. 4) Commissioners should be sure to understand the intent of any new regulations adopted. Ms. Roberts noted an example of this last point would be Section 12.14 of the Zoning Regulations, where the Zoning Commission requires noise generating equipment to be as close as possible to the structure served because owners will keep it operating quietly if it is kept next to their own house.
MOTION: To adjourn the meeting. By Mr. Catlin.
Mr. Sedito adjourned the meeting at 8:39 p.m.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Janet M. Hill, Land Use Coordinator
Posted: January 6, 2008 January 17, 2008
Meeting cancelled due to no applications.
Meetings in 2007