The Town of Washington, Connecticut
Minutes: Zoning Board of Appeals - 2009
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www.WashingtonCT.org The Town of Washington, Connecticut Minutes: Zoning Board of Appeals - 2009 |
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Disclaimer: While we have attempted to reproduce them accurately, the electronic documents you see here are not the official public documents. Official copies may be obtained on paper from theTown Clerk . Also note that minutes of recent meetings are often not yet approved by the Commission, and are subject to correction.
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Posted: January 23 2010 december 17, 2009
Present: Brad Sedito, Randolph Snook, Polly Roberts, Todd Catlin
Alternates: Roderick Wyant III, Todd Peterson
Absent: Kathy Leab, Peter Bowman Alt
Staff: Mike Ajello ZEO, Shelley White
Others: Catherine Bouquillon, Peter Duncan, Liddy Adams, Randy CarreiraChairman, Brad Sedito called the meeting to order at 7:31.
PUBLIC HEARING - Continued
Seated: Brad Sedito, Polly Roberts, Randy Snook, Todd Catlin, Todd Peterson, Alt.ZBA-0859 - Request of Jennings Builders (Michael Seligman & Laura Harris), 133 West Shore Road, for Special Exception, Zoning Regulation 17.5 (increasing non conformity), to raise walls and enclose the existing front porch, raise roof to second floor ceiling height and add intersecting gable roof.
Ms. White read a letter from Richard Jennings, Jennings Builders, dated December 14, 2009, requesting and extension.Motion:
to continue ZBA-0859 - Request of Jennings Builders (Michael Seligman & Laura Harris), 133 West Shore Road, for Special Exception, Zoning Regulation 17.5 (increasing non conformity), to raise the walls and enclose the existing porch, raise roof to 2nd floor ceiling height, add intersecting gable roof,
by Mr. Catlin, seconded by Mr. Snook, by 5-0 vote.
PUBLIC HEARING
Seated: Brad Sedito, Polly Roberts, Randy Snook, Todd Catlin, Rod Wyant, Alt.ZBA-0861 – Catherine Bouquillon, 72 East Shore Road, for Variance, Zoning Regulation(s) 11.6.1.c (front & side yard setback), to install storage shed.
It was noted that the Land Use Office received 12 out of 15 return postcards. Ms. Bouquillon was present to represent her application. She and the Commissioners looked at the pictures of the shed. She stated that they are presently on stacked cement blocks. Ms. Bouquillon and the Commissioners looked at an A-2 survey prepared for the Estate of Marie Walberg, Route 45 & June Road, dated November 1979, by George P. Burnham, recorded map number 581 with the Town of Washington, Land Records. Ms. Bouquillon explained how her property is too small to accommodate a garage and she would like to use this shed for storage of garden equipment and furniture. She stated that the interior is sheet-rocked and it would not be heated. The Commissioners checked the measurements on the survey map. There was a discussion regarding the measurements of the setbacks on the drawing titled Bouquillon Shed Placement, Proximity to Neighbors and Lot Coverage created by Ms. Bouquillon. The Commission agreed that the measurements are directly related to the established marker pins and would allow the shed to be properly located. There were no comments from the public.Motion:
to close ZBA-0861 – Request of Catherine Bouquillon, 72 East Shore Road, for Variance, Zoning Regulation(s) 11.6.1.c (front & side yard setbacks), to install storage shed,
by Mr. Catlin, seconded by Ms. Roberts, by 5-0 vote.
MEETING
Mr. Snook stated that he does not see a problem with this application, that the shed has been properly located using the established marker pins, and that it is a reasonable request and a legitimate land based hardship. Ms. Roberts stated that she agreed with Mr. Snook and that the shed is located in the most obvious place on the property considering the upward sloping in the back, and that the neighbors are glad that Ms. Bouquillon has a more attractive place to store her items. Mr. Catlin stated that it is a clear case of hardship, the property predates zoning regulations and the shed is modest and attractive. Mr. Wyant agreed with Mr. Catlin and stated he is in favor of this application. Mr. Sedito agreed with Mr. Catlin and stated that the property is very small and there is no garage for storage.Motion:
to approve ZBA-0861 – Request of Catherine Bouquillon, 72 East Shore Road, for Variance, Zoning Regulation(s) 11.6.1.c (front & side yard setbacks), to install storage shed, passed by 5-0 vote.
CONSIDERATION OF THE MINUTES
The Regular Meeting Minutes of November 19, 2009 were considered.Motion:
to approve the minutes of the November 19, 2009, regular meeting of the Washington Zoning Board of Appeals as submitted,
by Ms. Roberts, seconded by Mr. Snook, by 5-0 voteMs. Roberts recused herself.
PUBLIC HEARING
Seated: Brad Sedito, Randy Snook, Todd Catlin, Rod Wyant, Alt., Todd Peterson, AltZBA-0862 – Request of Peter Duncan, 15 New Preston Hill, for Variance, Zoning Regulation(s) 11.5.1.a (lot coverage), 11.6.1.b (rear & side yard setbacks), attach shed to existing barn/workshop.
Mr. Duncan was present to represent his application. The Land Use Office received 7 out of 11 return postcards. Mr. Duncan stated that Mr. Becotte is at 17 New Preston Hill Road but his main residence is in Pennsylvania. He stated that Mr. Becotte verbally supports Mr. Duncan’s application for the variance and has given permission for Mr. Duncan to use his driveway. Mr. Duncan stated that he could get a written statement from Mr. Becotte if the ZBA would require it. There was a brief discussion regarding sending notices of a public hearing to neighbors. Mr. Duncan stated he is requesting a variance for adding on to an existing non-conforming shed. There was a discussion regarding the size of the existing (original) barn and establishing the correct dimensions. There were some inconsistencies with some of the measurements. Mr. Duncan stated that the carport would be accessed from Mr. Becotte’s driveway. There was a brief discussion regarding right of way. Mr. Sedito asked why the existing barn could not be used as a garage and for storage. Mr. Duncan stated that he realized it was wrong to attach the shed with out a permit. He stated that he has been using the barn for his woodworking and that the floor would not support a vehicle and he would have to rebuild the structure to accommodate a vehicle. He stated that he attached the first shed to store wood and this 9’ x 15’shed is too low to park the Jeep. He explained that he would like to store a vehicle with a plow under cover as well as store flammables and lawn/garden equipment. The Commissioners looked at the photographs of the barn/workshop. Mr. Sedito recapped Mr. Duncan’s letter, dated 12/1/09, explaining his land-based hardship. Mr. Randy Carreira, 19 New Preston Hill, explained how the Becotte driveway encroaches on his property, he stated that he supports Mr. Duncan’s additions to the barn/workshop. He stated that the work Mr. Duncan has done on the garage was an improvement to the neighborhood. There was a discussion regarding encroachment and the right to rescind. Mr. Carriera stated that there are no issues between Mr. Duncan, Mr. Becotte and himself and that they had talked about formalizing the encroachment/right of way issue with an easement process, but haven’t needed to at this time. Mr. Snook stated that he would like to see some more definitive plans. The Commission agreed that the A-2 survey should indicate all structures with appropriate dimensions, with setback measurements, well and septic locations. There was a discussion regarding continuing the Public Hearing. Ms. White read a letter of support from Kelly Boling, dated 12/10/09 (On file in Land Use Office), supporting Mr. Duncan’s application. Ms. White read a letter from Julie Adams (On file in Land Use Office), 13 New Preston Hill Road, dated 12/16/09. Ms. Adams was not in support of Mr. Duncan’s application and questioned setbacks from her property line, access to carport, drainage, lighting and privacy fencing. She stated she was concerned that this structure could become an accessory apartment and that the drainage from Mr. Duncan’s property has already resulted in a maple tree dying on her property. The Commissioners looked at the photos Ms. Adams had sent and discussed drainage issues. The Commission agreed that the Public Hearing should be continued. Motion:
to continue ZBA-0862 – Request of Peter Duncan, 15 New Preston Hill, for Variance, Zoning Regulation(s) 11.5.1.a (lot coverage), 11.6.1.b (rear & side yard setbacks), attach shed to existing barn/workshop,
by Mr. Snook, seconded by Mr. Wyant, by 5-0 vote.
OTHER BUSINESS/DISCRETION OF THE CHAIR
The Commission agreed to defer the election of officers until the regular meeting of the ZBA on January 21, 2010
ADJOURNMENT
Motion: to adjourn at 8:39 pm by Mr. Snook seconded by Ms. Roberts.Mr. Sedito adjourned the meeting.
Submitted subject to approval,
Shelley White
Land Use Clerk
Posted: November 30, 2009 November 19, 2009
Present: Brad Sedito, Randolph Snook, Polly Roberts, Kathy Leab, Todd Catlin
Alternates: Roderick Wyant III, Todd Peterson
Absent: Peter Bowman Alt
Staff: Mike Ajello ZEO, Shelley White
Others: Richard and Carolyn Jennings, Dirk SabinChairman, Brad Sedito called the meeting to order at 7:29.
Mr. Sedito welcomed new member, Alternate, Todd Peterson and introduced him to the rest of the Commission.
PUBLIC HEARING
Seated: Brad Sedito, Polly Roberts, Randy Snook, Kathy Leab, Todd Catlin
ZBA-0859 - Request of Jennings Builders (Michael Seligman & Laura Harris), 133 West Shore Road, for Special Exception, Zoning Regulation 17.5 (increasing non conformity), to raise walls and enclose the existing front porch, raise roof to second floor ceiling height and add intersecting gable roof.
Mr. Richard Jennings and Ms. Carolyn Jennings of Jennings Builders were present to represent Michael Seligman and Laura Harris.
The Land Use Office received five out of six return postcards. The Commission looked at the A-2 Survey titled Plot Plan, prepared for Michael Seligman and Laura Harris, West Shore Road, Washington, CT, May 14, 1984, by C. James Osborne Jr., R.L.S.
Mr. Sedito noted that the existing patio is not indicated on the A-2 Survey. Mr. Jennings stated that the proposed changes would be done within the existing footprint of the house.
The Commission looked at the elevation drawings by AENA Architects, Seligman Residence, Lake House, drawings X01.00, X0.200& X0.300, dated 10/28/08. Mr. Jennings indicated that the ridgeline would remain the same.
Mr. Catlin stated that the street side elevation, which faces the lake, was not included.
The Commission looked at the 2nd Floor Plan, by AENA Architects, for Seligman Residence, Lake House, drawing X04.00, dated 10/13/09.
Mr. Sedito noted that the existing square footage was not indicated. Mr. Jennings stated that the proposed plan would increase the existing square footage by 275 sq. ft.
Mr. Jennings discussed the floor plan and stated that the existing floor house has two bedrooms upstairs and one downstairs.
Mr. Catlin stated that he was concerned that the proposed screened in porch will become a bedroom.
The Commissioners were in agreement that this public hearing should be continued. Mr. Sedito asked that the Jennings provide, for the December 17th ZBA Meeting, existing & proposed floor plans for first and second floors, an existing an proposed elevation drawing of the street side (lake side), photos of all four sides of the existing building, and an updated A-2 survey including the existing patio.
Motion:
to continue ZBA-0859 - Request of Jennings Builders (Michael Seligman & Laura Harris). 133 West Shore Road, for Special Exception, Zoning Regulation 17.5 (increasing non conformity) to raise walls and enclose the existing porch, raise roof to second floor ceiling height add intersecting gable roof,
by Ms. Roberts, seconded by Mr. Catlin, by 5-0 vote.
PUBLIC HEARING
Seated: Brad Sedito, Polly Roberts, Randy Snook, Kathy Leab, Todd Catlin
ZBA-0860 – Request of George Schoellkopf, 300 Nettleton Hollow Road, for Variance, Zoning Regulation(s) 11.6.1.c (front yard setback), to recreated historic outbuilding.
Mr. Dirk Sabin, Landscape Architect was present to represent Mr. Schoellkopf. The Land Use Office received six out of seven return postcards.
Mr. Sabin displayed an aerial view photo of the property and discussed some the history of the property. Mr. Sabin explained that the gardens on the property are under operation of Mr. Schoellkopf and The National Garden Trust and that the property would go The National Garden Trust after Mr. Schoellkopf’s passing. Mr. Sabin explained that there are public tours of the gardens. He explained that house was is in the final stages of National Historic Designation and then Mr. Schoellkopf will apply for the Town’s Local Landmark Designation.
There was a discussion regarding public use of the property. Mr. Sabin explained that the proposed outbuilding he is requesting to be recreated is in historic pictures of the property but there is no foundation and that by looking at pictures and using other methods they can make an educated guess as to where this building was located.
Mr. Sedito stated that this building hasn’t existed for years and has legally been abandoned. The Commission and Mr. Sabin looked at the Property Boundary Survey, prepared for Hollister House Garden, The Garden Conservancy, 300 Nettleton Hollow Road, dated March 2009, by T. Michael Alex.
The Commission stated that the proposed outbuilding could be placed in a more conforming location on the property. The Commission and Mr. Sabin discussed getting the Local Landmark Designation.
Mr. Sabin submitted a letter of withdrawal for this application.
CONSIDERATION OF THE MINUTES
The Regular Meeting Minutes of October 15, 2009 were considered.
Motion:
to approve the minutes of the October 15, 2009, meeting of the Washington Zoning Board of Appeals as submitted,
by Ms. Roberts, seconded by Mr. Snook, by 5-0 vote
OTHER BUSINESS/DISCRETION OF THE CHAIR
The ZBA discussed a memo, dated 11/14/09 from Mr. Snook to Mr. Sedito regarding revisions to Section 12.14. The commission discussed how they would proceed regarding the rewriting of this regulation. Handouts and a summary created by Ms. Hill relating to the Land Use Seminar that Ms Hill attended on September 26, 2009 were distributed.
ADJOURNMENT
Motion: to adjourn at 8:37 pm by Mr. Catlin, seconded by Ms. Roberts.
Mr. Sedito adjourned the meeting.
Submitted subject to approval,
Shelley White
Land Use Clerk
Posted: October 22, 2009 October 15, 2009
Present: Brad Sedito, Randolph Snook, Polly Roberts, Kathy Leab
Alternates: Georgia Middlebrook, Roderick Wyant III
Absent: Todd Catlin, Peter Bowman Alt
Staff: Mike Ajello ZEO, Shelley White
Others: Peter Talbot, Architect, Todd Peterson, Irv ErnhoutChairman, Brad Sedito called the meeting to order at 7:25.
PUBLIC HEARING
Seated: Brad Sedito, Polly Roberts, Randy Snook, Kathy Leab, Georgia Middlebrook, Alt.
ZBA-0857 - Request of Peter Talbot (223 Litchfield Turnpike, LLC), 223 Litchfield Turnpike,
for variance, Zoning Regulation 12.1.1 (wetlands/watercourse setback), for addition to restaurant, revised septic location, and service yard and equipment location.Mr. Peter Talbot, Architect, was present to represent 223 Litchfield Turnpike, LLC for this application. Mr. Talbot summarized his letter to the ZBA, dated 9/24/09 (on file in Land Use Office), explaining the reason for the variance request. He explained that the previously approved detached 18’ x 10’ storage shed would be eliminated. They are proposing a slightly larger addition (24’ x 11’) that will be attached to the main building and will provide walk-in refrigeration as well as other kitchen related activities and will be located 12 feet away from the wetland boundary. Mr. Talbot explained that the reasons for relocating the tanks for the septic system is to accommodate the structure revisions, as indicated on drawing SP-1, dated 9/24/09. Mr. Talbot discussed the third revision involves moving the equipment/dumpster area to the west side of the building to allow more room for the herb garden and fruit trees and easier access for trucks to access the utility yard. He stated some parking would be moved away from the wetlands. Mr. Talbot and the ZBA Commissioners discussed the location of the proposed generator.
Neighbor, Irv Ernhout, of Wilbur Road was present. He asked if the kitchen would be larger. Mr. Talbot explained that the shed that was located 5’ away from the wetlands would be eliminated and this addition to the kitchen would be slightly larger but further away from the wetlands.
Mr. Ernhout stated that he could hear the generator that the previous owners had. There was a brief discussion regarding the Landscaping Plan, page L-1 by Dirk Sabin, dated April 10, 2009. The Commission and Mr. Talbot agreed that the generator could be located around the corner with a fence around it, from where it is located on the proposed Site Plan, titled The Community Grill, SP-1, by Peter Talbot, revision dated September 24, 2009. Mr. Talbot initialed this site plan indicating the revised location of the generator. There was a brief discussion regarding lighting.
Motion:
to close ZBA-0858 - Request of Peter Talbot (223 Litchfield Turnpike, LLC), 223 Litchfield Turnpike, for variance, Zoning Regulation 12.1.1 (wetlands/watercourse setback), for addition to restaurant, revised septic location, and service yard and equipment location,
by Mr. Snook, seconded by Ms. Roberts, by 5-0 vote
MEETING
Ms. Roberts stated that she was in favor of the revisions as they are further away from the wetlands and was happy with the revised location of the generator and believes it will have less of an impact on the neighbors.
Ms. Leab stated she agreed with Ms. Roberts and that the idea to move the generator was good.
Ms. Middlebrook and Mr. Snook agreed with Ms. Leab and Ms. Roberts.
Mr. Sedito stated that the proposed plan was even further away from the wetlands than the previously approved plan and the relocation of the generator should provide less of an impact on the neighbors.
All were in favor of the proposed plan.
Motion:
to approve ZBA-0858 - Request of Peter Talbot (223 Litchfield Turnpike, LLC), 223 Litchfield Turnpike, for variance, Zoning Regulation 12.1.1 (wetlands/watercourse setback), for addition to restaurant, revised septic location, service yard and equipment location, and relocation of generator as per agreed area indicated on Site Plan titled The Community Grill, page SP-1, revised date September 24, 2009, by Peter Talbot,
passed by 5-0 vote.
CONSIDERATION OF THE MINUTES
The Regular Meeting Minutes of September 17, 2009 were considered.Motion:
to approve the minutes of the September 17, 2009, meeting of the Washington Zoning Board of Appeals as submitted,
by Mr. Snook, seconded by Ms. Roberts, by 5-0 vote
OTHER BUSINESS/DISCRETION OF THE CHAIR
Mr. Sedito summarized the ZBA’s participation in the 9/21/09 Zoning Meeting and the request to revise the Special Exception for Generators. The Zoning Commission has asked ZBA to rewrite the regulation and bring it back the Zoning Commission for discussion.
There was a lengthy discussion as to how the ZBA will proceed with rewriting this regulation before submitting it to the Zoning Commission.
Mr. Todd Peterson introduced himself as a candidate that is running for ZBA Alternate.
Mr. Sedito approved a legal bill from Murtha Cullina, LLP.
The ZBA thanked Ms. Georgia Middlebrook for eight years of service.
ADJOURNMENT
Motion:
to adjourn at 8:15 pm by Mr. Sedito, seconded by Mr. Snook, by a 5-0 vote.Mr. Sedito adjourned the meeting.
Submitted subject to approval,
Shelley White
Land Use Clerk
Posted: September 23, 2009 September 17, 2009
Present: Brad Sedito, Randolph Snook, Todd Catlin, Kathy Leab
Alternates: Georgia Middlebrook, Roderick Wyant III
Absent: Polly Roberts, Peter Bowman Alt
Staff: Mike Ajello ZEO, Shelley White
Others: Brian NeffChairman, Brad Sedito called the meeting to order at 7:25.
PUBLIC HEARING
Seated: Brad Sedito, Todd Catlin, Randy Snook, Kathy Leab, Rod Wyant, Alt.
ZBA-0857 - Request of Wexler, Lloyd, 157 Calhoun Street,
for Variance, Zoning Regulation(s) 12.1.1 (wetlands/watercourse setback) to add shed dormers to an existing barn.Mr. Sedito read the call.
Mr. Brian Neff, Engineer was present to represent Mr. Wexler for this application.
Ms. White stated that the Land Use Office received 2 out of 4 return receipt post cards.
Mr. Neff explained that the existing garage/barn was built in 2000 and it is less than 50 feet away from wetlands. Mr. Ajello stated that when the structure was approved the map did not indicate the wetlands being within 50 feet of the structure. Mr. Neff stated that the area is visibly wet but to the untrained eye it would not seem to be wet since the brook is further away. Mr. Wexler bought this property within the last year and Mr. Neff had advised him to have the property re-surveyed. The Soil Erosion & Sediment Control Plan, for Wexler Residence Addition, 157 Calhoun Street, dated 5-21-09 by Brian Neff indicated that the proximity of the barn to the wetlands was less than 50 feet.
Mr. Sedito questioned whether the structure was legal. Mr. Ajello stated that under Statute 8-13.a that the structure would be legal.
Ms. Leab stated that she did not see a hardship with this application. Mr. Catlin agreed with Ms. Leab.
Mr. Neff stated the proposal is to add dormer to allow a stairway and more headroom for the second floor. He also stated that the hardship is that the garage/barn was built too close to the wetlands. Mr. Neff stated that the footprint and roof ridgeline would remain the same and the existing garage is not insulated but has power and an outdoor spigot.
Mr. Sedito read section Connecticut General Statute 8-13(a) out loud. There was a lengthy discussion as to whether the building is legal and if it is or is not legal, if this makes a difference, because the applicant needs to prove a land-based hardship.
The Commissioners and Mr. Neff looked at the floor plans and elevations titled Wexler Barn Alterations, Plans Exterior Elevations and Section, date June 1, 2009, by Demetriades and Walker. There was a discussion as to how the applicant could reconfigure the space without adding dormers.
Mr. Sedito stated there were three actions the commission could consider:
1) The Public Hearing could be continued and the ZBA could seek legal advise as to whether or not this structure is legal.
2) The Public Hearing could be closed and the commission could vote on it. and
3) Mr. Neff could withdraw the application.Mr. Wyant stated that he was in favor of seeking Atty. Zizka’s opinion. Mr. Catlin and Ms. Leab stated that they did not see a hardship and did not think that seeking Atty. Zizka’s opinion was necessary.
Mr. Snook stated he was unsure. He stated that the ZBA had approved something similar to this before but he could see the space being reconfigured and not needing the dormers.
Mr. Sedito Stated that he was not sure that this was a legal building and that he would like to consult with Atty. Zizka. He stated that the only reason this applicant needs a variance is because of the proximity to the wetlands and the Inland Wetland Commission has approved the proposed plan.
Mr. Neff submitted a letter of withdraw for this application.
CONSIDERATION OF THE MINUTES
Motion:
to approve the minutes of the August 20, 2009, meeting of the Washington Zoning Board of Appeals as submitted,
by Mr. Wyant, seconded by Ms. Leab, by 5-0 voteOTHER BUSINESS/DISCRETION OF THE CHAIR
Mr. Sedito brought up the fact that the Special Exception for Generators will be on the agenda for the Zoning Commission Meeting on Monday, September 21, 2009 in the Land Use Meeting Room at 7:30 and is planning on attending. He requested any other members to come also. He is composing a letter to Zoning that suggests reinstating the Special Exception for Generators and other Noise Generating Equipment. The ZBA Commissioners discussed the points in support of this argument that should be included.ADJOURNMENT
Motion:
to adjourn at 8:45 pm by Mr. Catlin, seconded by Mr. Wyant 5-0 vote.Mr. Sedito adjourned the meeting.
Submitted subject to approval,
Shelley White
Land Use Clerk
Posted: August 29, 2009 August 20, 2009
Present: Brad Sedito, Polly Roberts, Randolph Snook, Todd Catlin,
Alternates: Georgia Middlebrook, Roderick Wyant III
Absent: Katharine Leab, Peter Bowman Alt
Staff: Mike Ajello ZEO, Shelley White
Others: Bob Papsin, Ann & Friso Hermans, David Dillon, Karen & Stanley Perrone, Rob ParkerChairman, Brad Sedito called the meeting to order at 7:30.
PUBLIC HEARING
Seated: Brad Sedito, Todd Catlin, Randy Snook, Polly Roberts, Rod Wyant, Alt.
ZBA-0854 - Request of Perrone, Stanley & Karen, 46 East Shore Road, for Special Exception, Zoning Regulation(s) 17.4.a (increasing non conformity) to add dormers.
Mr. Sedito read the call and stated that the correct Zoning Regulation that is requiring a Special Exception is section 17.5. Ms. White stated that the Land Use Office received 6 out of 7 return receipt post cards. Mr. & Mrs. Perrone were present to represent this application. Mr. Perrone explained the presented Existing & Proposed Front Elevation drawings, dated 6/29/09, for Stanley and Karen Perrone, by Stanley Perrone. Mr. Perrone confirmed that there would not be a change in the footprint and that the ridge would not be changed. Mr. Snook stated that he had driven by the property and noticed it was under construction. Mr. Perrone confirmed that the siding in being replace and some water damage is being fixed. Mrs. Perrone distributed photos of the existing dwelling. Mr. Perrone stated the room will continue to be used as a bedroom and the dormers will allow more sunlight and head room. There were no questions or comments from the publicMotion:
to close the public hearing for ZBA-0854 – Request of Perrone, Stanley & Karen, 46 East Shore Road, for Special Exception, Zoning Regulation(s) 17.5 (increasing non conformity) to add dormers,
by Ms. Roberts, seconded by Mr. Wyant, by 5-0 vote.
MEETING
Mr. Snook stated that this application was straightforward and modest in scope. He thanked the applicant for the existing and proposed drawings of the project and stated he was in favor of this application. Mr. Wyant stated that the plans were well prepared and that he was in favor of this application. Mr. Catlin read the Zoning Regulation, Section 17.5.2.c #1 and stated that this proposed plan is modest in scope and supports the continued use of the dwelling. Mr. Catlin stated that the proposed plan meets all the requirements of Zoning Regulation Section 13.1.b and that he is in favor of this application. Ms Roberts and Mr. Sedito agreed with Mr. Catlin.
Motion:
to approve application ZBA-0854 – Request of Perrone, Stanley & Karen, 46 East Shore Road, for Special Exception, Zoning Regulation(s) 17.5 (increasing non conformity) to add dormers, by 5-0 vote.
PUBLIC HEARING
Seated: Brad Sedito, Todd Catlin, Randy Snook, Polly Roberts, Georgia Middlebrook, Alt.
ZBA-0855 – Request of Papsin, Bob & Sandy, 30 Mygatt Road, for a Variance, Zoning Regulations 12.1.1 (wetlands/watercourse setback), to construct an addition.
Ms. White stated that the Land Use Office had received all 4 return receipt post cards. Mr. Papsin was present to represent this application. Mr. Papsin stated would be constructing an 18’x 24’ addition on the back of his house and they would like to replace the deck with a mudroom on the side of the house. He stated that the Inland Wetlands Commission approved his proposed plan. Mr. Papsin showed the location of the intermittent stream on the property survey for 30 Mygatt Road. He stated the proposed bottom step would encroach the 50 ft. wetlands watercourse setback by 10 ft. The commissioners examined the Proposed First Floor Plan, Drawing Number SK2.1, dated 5/8/09 by H& R Design Facilities Planners. They calculated the measurement from the proposed bottom step to the intermittent stream. Mr. Pepsin explained that the mudroom could not be located elsewhere on the property because of the location of the pool, septic and well. There were no questions or comments from the public.Motion:
to close the public hearing for ZBA-0855 – Request of Papsin, Bob & Sandy, 30 Mygatt Road, for a Variance, Zoning Regulations 12.1.1 (wetlands/watercourse setback), to construct an addition,
by Mr. Catlin, seconded by Ms. Roberts, by 5-0 vote.
MEETING
Mr. Catlin stated that the proposed plan is a modest request and that he has no objections since the Inland Wetlands Commission approved it. Ms. Middlebrook stated she agreed with Mr. Catlin. Ms. Roberts stated this would be the best location for the mudroom entrance. Mr. Snook stated he wished the mudroom entrance way would face the road, but he was still in favor of approving this application. Mr. Sedito stated that he agreed with the other commissioners. He stated there would be a 14’ 6.5” x 10’ encroachment into the wetlands and this seems to be the best location for the mudroom. He stated that there is a land-based hardship based on the proximity of the wetlands.
Motion:
to approve application ZBA-0855 – Request of Papsin, Bob & Sandy, 30 Mygatt Road, for a Variance, Zoning Regulations 12.1.1 (wetlands/watercourse setback), to construct an addition that will encroach 10 ft. into the required 50 ft. wetlands/watercourse setback, by 5-0 vote.
PUBLIC HEARING
Seated: Brad Sedito, Todd Catlin, Randy Snook, Polly Roberts, Rod Wyant, Alt.
ZBA-0856 - Request of Dillon, Dave (representing Hermans, Friso & Ann), 14 Hinkley Road, for Special Exception, Zoning Regulations 17.4.a (increasing non conformity).
Mr. Dillon Mr. & Mrs. Hermans were present to represent this application. Mr. Sedito read the call and stated that the correct Zoning Regulation that is requiring a Special Exception is section 17.5. Ms. White confirmed that 9 out of 10 return receipt postcards were received by the Land Use Office. Mr. Dillon explained that there is currently an entrance with a gabled roof with pillars over a concrete slab. The Hermans are proposing to close this 3’x 6’ area in because the door opens directly in front of the staircase with about 3 feet of space and minimal area to stand. Mr. Dillon stated the proposed plan is to enclose the existing entrance within the existing footprint and replace the roofing materials. There were no questions or comments from the public.Motion:
to close the public hearing for application ZBA-0856 – Request of Dillon, Dave (representing Hermans, Ann & Friso), 14 Hinkley Road, for Special Exception, Zoning Regulations 17.5 (increasing non conformity),
by Ms. Roberts, seconded by Mr. Snook, by 5-0 vote.
MEETING
Mr. Snook stated that the proposed modifications met the requirements for Zoning Regulation Section 17.5 and stated he was in favor of approving this application. Mr. Wyant agreed with Mr. Snook and stated he was also in favor. Mr. Catlin agreed as well and stated that all the general standards in Section 13.1.b, 1-8 seem to have been met. Ms. Roberts and Mr. Sedito agreed with Mr. Catlin. Mr. Sedito stated the proposed plan meets the definition of a Special Exception, that it supports the continued use of a family residence and it is reasonable in scope.
Motion:
to approve application ZBA-0856 – Request of Dillon, Dave (representing Hermans, Ann & Friso), 14 Hinkley Road, for Special Exception, Zoning Regulations 17.5 (increasing non conformity), by 5-0 vote
CONSIDERATION OF THE MINUTES Motion:
to approve the minutes of the July 16, 2009, meeting of the Washington Zoning Board of Appeals as submitted,
by Ms. Roberts, seconded by Mr. Snook, by 5-0 vote
OTHER BUSINESS/DISCRETION OF THE CHAIR
There was a lengthy discussion regarding how the Zoning Commission and Zoning Board of Appeals could improve communication between the two commissions.
Mr. Sedito approved payment for legal fees from Atty. Mike Zizka.
ADJOURNMENT
Motion:
to adjourn at 8:45 pm by a 5-0 vote.Submitted subject to approval,
Shelley White
Land Use Clerk
Posted: July 22, 2009 July 16, 2009
Present: Brad Sedito, Katharine Leab, Polly Roberts, Randolph Snook
Alternates: Georgia Middlebrook, Roderick Wyant III
Absent: Todd Catlin, Peter Bowman Alt.
Staff: Mike Ajello ZEO, Pamela Osborne
Others: Karen Facey, Jordan Leach, Louis C. Fusco, Paul & Linda Frank, Valerie Friedman, Tom McGowanChairman, Brad Sedito called the meeting to order at 7:30pm.
PUBLIC HEARING – CONTINUED
Seated: Brad Sedito, Katharine Leab, Polly Roberts, Randolph Snook, Roderick Wyant III Alt.
ZBA-0851 – Request of Facey, Karen, 151 Litchfield Turnpike, for Variance, Zoning Regulations 11.6.1.b (side yard setback), 12.1.1 (wetlands/watercourse setback), to construct a 20’x 30’, 1 ½ story addition & 8’x8’ enclosed breezeway.
Jordan Leach and Karen Facey were present to represent this application. Ms. Facey submitted documentation showing elevations, floor plans and computer generated drawings representing the proposed additions. Ms. Facey gave a recap of the proposed additions explaining the need for a variance because of wetlands and narrow lot size.The proposed additions are 21’-24’ from the side yard boundary. The Inland Wetlands Commission has approved the proposal. The existing single-family dwelling is 968 sq. ft. with three small bedrooms. Ms. Facey went on to state that the addition would have the appearance of a red barn structure; it will be 25.6’ high to the peak, with a 12/12-pitch roof. The “barn” structure will be 20’ x 30’ and the “breezeway” connector will be 8’ x 8’.
Members asked about potential patios. Ms. Facey answered that any patios will be grassy or stone in nature. She also stated that she is in favor of preserving the large maple tree on the right corner of the house that she felt would hide most of the proposed addition. Mr. Sedito encouraged questions or comments from the audience.
Motion: to close the public hearing for ZBA-0851 – Request of Facey, Karen, 151 Litchfield Turnpike, for Variance, Zoning Regulations 11.6.1.b (side yard setback), 12.1.1 (wetlands/watercourse setback), to construct a 20’x 30’, 1 ½ story addition & 8’x8’ enclosed breezeway, was made by Roderick Wyant III, seconded by Randy Snook, by a 5-0 vote.
MEETING
Mr. Wyant felt that the new documents presented made the plan clear, that the single-family dwelling is in need of upgrading to obtain decent living space.
Mr. Snook agrees the drawings presented are adequate and define the work to be done; he felt the existing living area is small for a three-bedroom home.
Ms. Roberts is in favor of the proposal and appreciates the applicant leaving the original bungalow style dwelling; the addition of the barn makes the proposal organtic/countryfied in nature. She felt the location was an option to keep the structure away from the wetlands area.
Ms. Leab is in agreement also, she felt that keeping the structure part of the existing house is a good idea and will give it continued livability.
Mr. Sedito agreed, the existing house is very small; they could have gone up in volume but what they have proposed fits the contour of the property, which is a long thin lot.
Motion: to approve ZBA-0851 – Request of Facey, Karen, 151 Litchfield Turnpike, for Variance, Zoning Regulations 11.6.1.b (side yard setback), 12.1.1 (wetlands/watercourse setback), to construct a 20’x 30’, 1 ½ story addition & 8’x8’ enclosed breezeway, as per property survey submitted by Stephen R. Latour RLS dated 12/16/08 and elevation and floor plan drawings submitted by Design Connection LLC marked received 7-13-2009, by a 5-0 vote.
PUBLIC HEARING
Seated: Brad Sedito, Katharine Leab, Polly Roberts, Randolph Snook, Georgia Middlebrook Alt.
ZBA-0853 – Request of Mark Adams, 233 West Shore Road, for Variance, Zoning Regulations 17.4 (increasing non conformity), 11.5 (lot coverage) & 12.1.1 (wetlands/watercourse setback), to build a tennis court.
Louis C. Fusco RLA was present to represent this application. Mr. Fusco presented two poster boards showing pictures and plans of the entire property that included the proposed tennis court. Mr. Fusco explained the elimination of driveway/parking space and structures during the renovation to change the property from a commercial dwelling to a single family home.Certified mail notice was sent to five property owners (four cards were returned), while looking at the map presented by the applicant it became clear that all property owners within 200’ had not been notified, members decided to proceed for the present.
Mr. Fusco went on to explain drainage and run-off work that will be done in association with the proposed installation of the tennis court. This property has been granted several variances in the past. Members had a rather lengthy discussion about the properties lot coverage, which included the installation of a new pool.
Mike Ajello ZEO stated that the pool was on the original application, which received zoning approval; the proposed tennis court was not.Mr. Snook asked for location of neighboring homes in relationship to the proposed tennis court. Mr. Fusco located the homes on an aerial view of the property from his poster board. Mr. Fusco went on to explain the hardship of working with existing structures and the need to improve drainage.
Mr. Leab expressed her opinion of there being no real hardship for a proposal to install a tennis court, the tennis court is smaller than regular size, there will be disturbance to a very fragile area.
Ms. Roberts stated that the property was overbuilt because it was an inn, pre-existing non-conforming commercial property. It was confirmed that the original pre-construction lot coverage was 22.2%; with the proposed tennis court lot coverage would be 20.2%.
Mr. Snook added that he’s having difficulty finding hardship in granting a variance for a tennis court.
Mr. Fusco stressed the fact that the proposal will improve the water quality of water going into the lake. Several members noted that the improvements could be made without the installation of the tennis court.
Mr. Fusco went on to state that there is hardship because of the existing location of the house, the area was a mess with drainage problems, and the applicant is looking to improve the overall property. He went on to say that the tennis court would be located in the woods behind the buildings. Members felt that there was already too much lot coverage for the property.
Mr. Snook asked for questions or comments from the audience.
Tom McGowan from the Lake Waramaug Task Force addressed members; he felt that the applicant has made every effort to protect the lake. Mr. McGowan went on to say that from a lake viewpoint original lot coverage for this property was 22% that was reduced by the approved renovation plan for the property, but now the tennis court comes as an opportunity to fill back up the lot coverage, they are concerned about this. He noted that the proposed tennis court is in an undeveloped open space area.
Mr. Fusco stated that the allowable lot coverage for the property is 12.3%. Mr. Sedito read from a letter submitted by John N. Calabrese PE of Calabrese Engineering, for neighboring property owners Richard and Paula Getnick, expressing concerns about runoff.
Mr. Sedito asked for further questions or comments.
Motion: to close ZBA-0853 – Request of Mark Adams, 233 West Shore Road, for Variance, Zoning Regulations 17.4 (increasing non conformity), 11.5 (lot coverage) & 12.1.1 (wetlands/watercourse setback), to build a tennis court, was made by Ms. Leab, seconded by Mr. Snook, by a 5-0 vote.
MEETING
Ms. Leab felt there was no real hardship, taking into consideration the lake and the amount of disturbance for the proposed tennis court she is not in favor of the proposal. Ms. Middlebrook agrees that there is no real hardship. Ms. Roberts appreciates the work done by Mr. Fusco and she hopes that the applicant would consider still doing the abatement work. She can find no hardship in a tennis court. Mr. Snook agrees. Mr. Sedito stated that this was a pre-existing non-conforming commercial property, a restaurant, it was added onto over the years and is now being renovated as a residence. He felt it is a self-created hardship.
Motion: to deny ZBA-0853 – Request of Mark Adams, 233 West Shore Road, for Variance, Zoning Regulations 17.4 (increasing non conformity), 11.5 (lot coverage) & 12.1.1 (wetlands/watercourse setback), to build a tennis court, by a 5-0 vote.
OTHER BUSINESS/CONSIDERATION OF THE CHAIR
Mr. Sedito asked members if they were aware the Zoning Commission had deleted the Special Exception for generators/noise producing equipment from the regulations. No one was aware.Mr. Sedito went on to read from the December 2008 Zoning Commission minutes where this was discussed; the Zoning Chairman David Owen stated that he would talk to Mr. Sedito about the proposed change, Mr. Sedito states he was never contacted.
The change was voted on in March, members were disturbed that ZBA was never notified or consulted about the change to the regulations. Mr. Sedito will speak with Janet Hill, Land Use coordinator and then will compose a letter to be circulated to members for their approval to be forwarded to the Zoning Commission.
Motion: to accept the minutes of the June 18, 2009 Zoning Board of Appeals meeting as presented, was made by Ms. Roberts, seconded by Mr. Snook, by a 5-0 vote.
Mr. Sedito was presented with a Length of Service Award from the Connecticut Federation of Planning and Zoning Agencies.
Members received a hand out from Land Use Coordinator Janet Hill “Ten Tips for Commissioners”.
Motion: to adjourn at 8:37pm was made by Mr. Sedito, seconded by Ms. Roberts, by a 5-0 vote.
Submitted subject to approval,
Pamela L. Osborne, Acting Secretary
Posted: June 29, 2009 June 18, 2009
Present: Brad Sedito, Todd Catlin, Randy Snook, Polly Roberts,
Alternates: Rod Wyant,
Absent: Kathy Leab, Georgia Middlebrook, Alt., Peter Bowman, Alt
Staff: Mike Ajello, ZEO, Shelley White
Others: Bruce Hamilton, Brooke Baxter, Paul Frank, Trooper Steve Sordie, Karen and Stanley Perrone, Karen Facey, Jordan Leach, Janice Carlson, Martin Carlson, Catherine Bouquillon, Selectman Nick SolleyBrad Sedito, Chairman called the meeting to order at 7:30 pm.
PUBLIC HEARING (CONTINUED)
Seated: Brad Sedito, Todd Catlin, Randy Snook, Polly Roberts, Rod Wyant, Alt.ZBA-0848 – Request of The Lake Waramaug Country Club, 314 West Shore Road, for Variance, Zoning Regulation 17.4 (increasing non conformity) & 6.6.6.a (dock size), to replace existing dock.
Mr. Bruce Hamilton, President of the Lake Waramaug Country Club and Mr. Brooke Baxter were present to represent this application. Mr. Hamilton read the addendum, dated June 18, 2009 from the Lake Waramaug Country Club (on file in the Land Use Office). The addendum states Mr. Hamilton met with State Trooper Steve Sordie, representing the Lake Waramaug Authority, Mr. David Robinson and Mr. Paul Frank, representing the Lake Waramaug Association and Mike Ajello, ZEO, Town of Washington, to discuss a solution regarding the replacement of the existing dock with a larger, safer dock. The Lake Authority suggested a revised boat dock design and suggested relocating some of the country club’s moorings. Mr. Hamilton submitted a revised drawing of the proposed dock showing 65 feet in length, 38 feet in width and 713.59 square feet. Mr. Baxter submitted a plan depicting the revised mooring locations. Mr. Snook asked if the new dock would be placed at the same point as the existing dock. Mr. Baxter confirmed it would be attached at the same anchor point as the existing dock. Mr. Sedito asked if there were any more questions of the applicant. State Trooper Sordie stated the main concern of the Lake Waramaug Authority is safety and he feels these proposed changes with the dock and the location of the moorings has resolved the safety issues. Mr. Frank stated the proposed changes have the support of the Lake Waramaug Association.
Motion: to close the public hearing for application ZBA-0848 – Request of The Lake Waramaug Country Club, 314 West Shore Road, for Variance, Zoning Regulation(s) 17.4 (increasing non conformity) & 6.6.6.a (dock size), to replace existing dock, by Mr. Snook, seconded by Mr. Wyant, by 5-0 vote
MEETING
Mr. Snook stated he believed the concerns from the previous ZBA meeting regarding this application were all addressed and believes that the revised plans are a reasonable compromise for all parties concerned. Mr. Wyant stated it was great that all the parties were able to work together and come to a decision and that he was in favor of this application. Mr. Catlin and Ms. Roberts agreed with Mr. Snook and Mr. Wyant. Mr. Sedito stated he was glad that all the parties were able to meet and address the safety issues.Motion: to approve application ZBA-0848– Request of The Lake Waramaug Country Club, 314 West Shore Road, for Variance, Zoning Regulation(s) 17.4 (increasing non conformity) & 6.6.6.a (dock size), to replace existing dock, by 5-0 vote.
PUBLIC HEARING
Seated: Brad Sedito, Todd Catlin, Randy Snook, Polly Roberts, Rod Wyant, Alt.ZBA-0850 – Request of Perrone, Stanley & Karen, 46 East Shore Road, for Variance, Zoning Regulation 11.6.1 (front yard setback) to add dormers.
Mr. Stanley and Mrs. Karen Perrone were present to represent this application. Mr. Perrone explained the elevation drawings submitted with the application. He explained that they would like to add 2 ‘doghouse’ dormers on the front of the building and 1 full dormer with 2 windows on the back of the building. Mr. Sedito asked why this was not submitted as a Special Exception. Mr. Ajello stated the hardship is that the entire dwelling is within the 50 ft. front yard setback. Mr. Catlin stated that the drawings are vague and the ZBA is required to approve something that is exact. The commissioners agreed that only a portion of the house was represented on the drawings and there were dimensions missing from the submitted drawings. The applicant submitted a letter withdrawing their application for a variance and will resubmit under a Special Exception.
PUBLIC HEARING
Seated: Brad Sedito, Todd Catlin, Randy Snook, Polly Roberts, Rod Wyant, Alt.ZBA-0851 – Request of Facey, Karen, 151 Litchfield Turnpike, for Variance, Zoning Regulations 11.6.1.b (side yard setback), 12.1.1 (wetlands/watercourse setback), to construct a 20’x 30’, 1 ½ story addition & 8’x8’ enclosed breezeway.
Mr. Jordan Leach and Ms. Karen Facey were present to represent this application. Mr. Catlin asked if the Inland Wetlands Commission approved the plans. Ms. Facey confirmed Inland Wetlands approved them. Mr. Sedito read the addendum to Zoning Board of Appeals dated May 23, 2009. The commissioners looked at the Property Survey, prepared for Karen Alward, Litchfield Turnpike, by Berkshire Engineering & Surveying, LLC, dated 12/16/08. Ms. Facey confirmed that the front yard setback is 75 feet, which meets the Zoning Regulation for an interior lot. The commissioners agreed that they needed more detailed drawings that are to scale. The commission explained that a complete detailed record of what they are approving is needed for the file.
Motion: to continue Public Hearing for ZBA-0851 – Request of Karen Facey, 151 Litchfield Turnpike, for Variance, Zoning Regulations 11.6.1.b (side yard setback), 12.1.1 (wetlands/watercourse setback), to construct a 20’x 30’, 1 ½ story addition & 8’x8’ enclosed breezeway, by Ms. Roberts, seconded by Mr. Wyant, by 5-0 vote.
PUBLIC HEARING
Mr. Sedito recused himself.Seated: Todd Catlin, Randy Snook, Polly Roberts, Rod Wyant, Alt.
ZBA-0852 – Request of The Town of Washington, 59 East Shore Road, for Variance, Zoning Regulations 17.4 (increasing non conformity), 11.5.1 (lot coverage), 11.6.1(setbacks) & 12.1.1 (wetlands/watercourse setback), to demolish and reconstruct Washington Town Beach Beach House, increase & reconfiguration of parking area.
Selectman Nick Solley was present to represent this application. He presented an updated Site Analysis Plan, revision date 6/18/09, by T. Michael Alex for Town of Washington, Town Beach, 59 East Shore Road. Mr. Solley stated the existing lot coverage is at 40.8% and the proposed lot coverage is 43.2%. He stated the increase in lot coverage includes the upgrade of the Beach House, A.D.A. compliant unisex bathroom, paths, increased parking area and dock for residents. Mr. Solley stated they are trying to keep the Police dock clear. Catherine Bouquillon, of 72 East Shore Road, asked to see the legal right of way for the deeded rights residents that live near the beach. Mr. Solley showed the new proposed path at the West Shore Road entrance and assured Ms. Bouquillon that she would have continued access to the lake. Mr. Solley discussed the reconfiguration of the parking and explained how the design would help with water runoff. Mr. Catlin asked if the entire parking area would be paved. Mr. Solley confirmed it would. Mr. Solley presented Foundation and First Floor Plans, Second Floor and Roof Plans, & Elevations, for Town of Washington Renovation of Lake Waramaug Boat House at Town Beach, dated 6/10/09, by William W. Worcester, Architect. Ms. Bouquillon asked if the proposed house would be the same height. Mr. Catlin asked if the house was being built on the same footprint. Mr. Solley stated the proposed house would be built on a smaller footprint and the proposed height would increase by 4 1/2 feet because the proposed foundation would need to accommodate the Fire Department’s airboat. He stated the floor level of the bathrooms in the basement area would be raised 14 inches higher. Mr. Solley submitted a computer generated picture of the propose boathouse. Mr. Snook asked if they are using the existing foundation. Mr. Solley stated they would be constructing a new block foundation. Mr. Solley stated the roof would be a hip style roof and the pitch would be slightly less than the existing roof. Mr. Catlin asked if the Inland Wetlands Commission approved this project. Mr. Solley stated they would need to go to another Inland Wetlands meeting to discuss the water shed off the driveway and the Town stills needs Health Department approval. Mr. Solley discussed the proposed 4 ft. fence. Mr. Solley read the Need and Hardship (on file in Land Use Office) included with this application.
Motion: to close the public hearing for application ZBA-0852 – Request of The Town of Washington, 59 East Shore Road, for Variance, Zoning Regulations 17.4 (increasing non conformity), 11.5.1 (lot coverage), 11.6.1(setbacks) & 12.1.1 (wetlands/watercourse setback), to demolish and reconstruct Washington Town Beach - Beach House, increase & reconfiguration of parking area, by Mr. Catlin, seconded by Mr. Wyant, by 4-0 vote.
MEETING
Mr. Catlin stated this lot is ‘unbelievably tricky’. He stated the proposed plan addresses A.D.A. and safety issues with the new paths and the lift in the building to accommodate the airboat used by the fire department and he is in favor of the application. Mr. Snook stated agrees with Mr. Catin and that he is pleased to know there will not be any more additions to this property and he is in favor of this application. Mr. Wyant stated it is a well-designed plan and it is something the town needs and he supports the application. Ms. Roberts stated she agrees with the other commissioners. She stated the 2.4% increase in lot coverage is modest considering the all the improvements that will be done.Motion: to approve application ZBA-0852 – Request of The Town of Washington, 59 East Shore Road, for Variance, Zoning Regulations 17.4 (increasing non conformity), 11.5.1 (lot coverage), 11.6.1(setbacks) & 12.1.1 (wetlands/watercourse setback), to demolish and reconstruct Washington Town Beach - Beach House, increase & reconfiguration of parking area, by 4-0 vote
CONSIDERATION OF THE MINUTES
Ms. Roberts asked if there were any corrections to the regular meeting minutes of May 21, 2009.
Corrections:
Page 1& 3: Ed Berman should read: Ed Berner
Page 3: Under ZBA-0848 LMA should read: LWA
Motion: to approve the minutes of the May 21, 2009, meeting of the Washington Zoning Board of Appeals as amended, by Ms. Roberts, seconded by Mr. Snook, by 5-0 vote.
OTHER BUSINESS Discussion of Wetlands & Watercourse Setbacks by Special Exception language:
The commission read the proposed language for Wetlands & Watercourse Setbacks by Special Exception submitted by Mr. Sedito. The ZBA approved the following language:17.5.A.3: Permit a non conforming single family building, or non conforming accessory building as defined in 17.5.A.1 that would otherwise not be permitted under Section 12.1.1(wetlands and Watercourses Setbacks) as long as the Inland Wetlands Commission of the Town of Washington has already approved the proposed plans that the applicant is herein applying for.
There was a quick discussion regarding windmills.
Mr. Ajello and the commissioners discussed incomplete applications. Mr. Ajello stated he would like to make sure the applicants come to the ZBA Commission with everything they need. Mr. Catlin stated it is important that all dimensions are to scale and are included in the application. The commissioners agreed that they must see what the existing structure looks like and what the structure with the proposed changes looks like in order to consider approving an application.
ADJOURNMENT
Motion: to adjourn at 9:55 pm by a 5-0 vote.
Filed subject to approval:
Shelley White, Land Use Clerk
Posted: May 29, 2009 May 21, 2009
Present: Brad Sedito, Todd Catlin, Randy Snook, Polly Roberts, Kathy Leab
Alternates: Rod Wyant, Georgia Middlebrook
Absent: Peter Bowman, Alt
Staff: Mike Ajello, ZEO, Shelley White
Others: Will Hopkins, Andy Peklo, Bruce Hamilton, Brooke Baxter, Paul Frank, Ed Berman, Beth WhittyBrad Sedito, Chairman called the meeting to order at 7:31 pm.
PUBLIC HEARING (CONTINUED)
Seated: Brad Sedito, Todd Catlin, Randy Snook, Polly Roberts, Kathy Leab.
ZBA-0844 - Request of Juri & Antoinette Ripinsky, 20 New Preston Hill Road, for Variance, Zoning Regulation 11.6.1.b (front & side yard setback) to install swimming pool, construct porch and patio.
Mr. Will Hopkins was present to represent this application. Mr. Hopkins submitted a letter of withdrawal for the pool and the patio. A letter was submitted from Jorge Criollo, Stonewalls By George LLC, dated 5/21/09, stating the patio was pre existing and has been reconstructed within the same footprint. The commissioners examined the dimensions of the addition to the front porch of the guest cottage. Mr. Hopkins signed corrections to the proposed porch dimensions on the Property Boundary Survey, prepared for New Preston Hill, LLC, 20 New Preston Hill Road, revision dated 5/20/09, by T. Michael Alex. The proposed porch dimensions were corrected as 34’2”x 7’. Ms. Roberts asked if the Linen’s were notified. Ms. White confirmed they were. Mr. Sedito asked Mr. Hopkins to discuss the hardship for the variance. Mr. Snook stated the hardship is that the frontage is less than 200 feet if the lot was 201 feet they would not need a variance. Ms. Roberts stated the porch addition was on the interior side of the lot. Mr. Catlin stated it is a pre-existing non-conforming lot.Motion: to close the public hearing for ZBA-0844 - Request of Juri & Antoinette Ripinsky, 20 New Preston Hill Road, for Variance, Zoning Regulation 11.6.1.b (front & side yard setback) to construct porch, by Ms. Leab, seconded by Mr. Snook, by 5-0 vote.
MEETING
Ms. Leab stated she thought it was a minimal hardship and a minimal change and she was in favor of this application. Mr. Catlin stated there is a land based hardship due to the width of the lot and that the addition onto the porch of the guesthouse is an improvement and he is in favor of the application. Mr. Snook and Ms. Roberts agreed with Ms. Leab and Mr. Catlin. Mr. Sedito stated he had a hard time agreeing with the rest of the commission and that the application was lacking accurate information.
Motion: to approve application ZBA-0844 - Request of Juri & Antoinette Ripinsky, 20 New Preston Hill Road, for Variance, Zoning Regulation 11.6.1.b (front & side yard setback) to construct a 34’ 2” x 7’ porch addition on to the guest cottage, by 4-1 vote, Mr. Sedito voted no because he did not see a hardship.
PUBLIC HEARING
Seated: Brad Sedito, Polly Roberts, Randy Snook, Todd Catlin, Kathy Leab.
ZBA-0847 - Request of Peklo Design & Joinery P.C. (Resnick & Klema), 356 Nettleton Hollow Road, for Special Exception, Zoning Regulation 11.6.1(front yard setback), 17.4.a (increasing non conformity), to construct an addition on rear of house, small addition to the north entrance, reconstruct & slightly increase size of chimney, reconstruct & expand west entrance.
Mr. Andrew Peklo, Architect of Peklo Design & Joinery P.C. was present to represent this application. Ms. White stated there was proof of certified mailing for the notifications of the hearing to the neighbors. Mr. Ajello stated Mr. Roettger of 368 Nettleton Hollow Road, called to say that he did not have any objections and that he supports this application. Mr. Peklo submitted photos of Nettleton Hollow Road from the driveway of the property. Mr. Peklo presented plans of proposed additions and alterations for Resnick/Klema Residence, 356 Nettleton Hollow Road, by A. Peklo, dated 4-22-09. Mr. Peklo indicated all alterations and additions within the setbacks with green shading on the plans. Mr. Sedito asked the age of the house. Mr. Peklo stated the main part of the house was built in the 1700’s and has been added on to over the years. Mr. Peklo stated there is a cement block chimney and the increase in size would be no more than the thickness of the stone facing that would be applied to the surface. The commission told Mr. Peklo they would need to approve a specific dimension. Mr. Peklo indicated the chimney would not exceed 4’x 4’. He noted and initialed this on the plans. Mr. Sedito asked if there were any comments from the public. Ms. Irene Allen of 143 West Mountain Road, shares a property line with the Resnick/Klemas. She stated the additions are improvements to the old house and will add to the longevity of the property and that she is in favor of the application.Motion: to close the public hearing for application ZBA-0847 – Request of Peklo Design & Joinery P.C. (Resnick &Klema), 356 Nettleton Hollow Road, for Special Exception, Zoning Regulation 11.6.1(front yard setback), 17.4.a (increasing non conformity), to construct an addition on rear of house, small addition to the north entrance, reconstruct & slightly increase size of chimney, reconstruct & expand west entrance, by Mr. Snook, seconded by Ms. Roberts, by 5-0 vote.
MEETING
Mr. Snook stated he thought it was a modest set of revisions and he is in favor of the application. Ms. Roberts stated the improvements support the continued use of this house and she is in favor of the application. Mr. Catlin stated the modifications support Zoning Regulations17.5.c.1 and 13.1.b items 1-8 and he is in favor of this application. Ms. Leab stated that this application is in the spirit of the Special Exception and prevents an old home from being destroyed and allows for continued use. Mr. Sedito stated he agreed with the other commissioners and is in favor of this application.
Motion: to approve application ZBA-0847 – Request of Peklo Design & Joinery P.C. (Resnick & Klema), 356 Nettleton Hollow Road, for Special Exception, Zoning Regulation 11.6.1(front yard setback), 17.4.a (increasing non conformity), to construct an addition on rear of house, small addition to the north entrance, reconstruct & slightly increase size of chimney, reconstruct & expand west entrance, by 5-0 vote.
PUBLIC HEARING
Seated: Brad Sedito, Todd Catlin, Randy Snook, Polly Roberts, Kathy Leab
ZBA-0848 – Request of The Lake Waramaug Country Club, 314 West Shore Road, for Variance, Zoning Regulation 17.4 (increasing non conformity) & 6.6.6.a (dock size), to replace existing dock.
Mr. Bruce Hamilton, President of the Lake Waramaug Country Club and Mr. Brooke Baxter, member of the Lake Waramaug Country Club were present to represent this application. Mr. Sedito stated that according to the Perimeter Survey (prepared for Lake Waramaug Country Club, Inc, by Charles Farnsworth, dated June 19, 2001) the dock seems to be outside of the property line and he asked who owns the property below the water where the dock floats. Mr. Baxter stated that he understands that the property owner owns the land half way to the opposite shore. Mr. Frank stated that he agrees with most of what Mr. Baxter has said but that control of what goes on the waters of the lake are subject to the State of Connecticut. Mr. Ajello and the commissioners discussed about how ownership of the property under the water is defined. Mr. Hamilton stated the current dock is very old and unsafe and new dock was designed to be safer. He stated that, historically it was meant to accommodate 8 boat slips. Mr. Hamilton stated that he talked with the Lake Waramaug Association and they proposed shortening the dock. Mr. Catlin stated the new dock is double in size and is concerned that the new dock has the ability to moor 12 boats instead of 8. Mr. Baxter explained how the members pay for an assigned boat slip and there are only 8 slips available. There was a discussion about how many boats could actually be moored on the proposed dock. Mr. Snook stated the new dock should be shown on the A-2 Survey. Mr. Frank stated that the Lake Waramaug Association sees two public concerns: 1) restrict bulking out into the lake and 2) structures in the lake that affect the safety. The Lake Waramaug Task Force would like to see the docks length decreased from 75 feet to 65 feet. Mr. Frank submitted the proposed modification (on file in Land Use Office). Mr. Ed Berman of the Lake Waramaug Authority stated the Authority is concerned with everything to do about safety on the lake. Mr. Berman stated that every proposed dock is looked at. He stated the LMA are reluctant to have any structure that goes out this amount of footage in to the lake. Mr. Berman stated docks of this size are hazardous. Mr. Sedito asked if the LMA were in agreement with the Lake Waramaug Association’s modifications to the dock. Mr. Berman stated that he and the State Trooper would have go to the property and look at it while it was in the lake. He stated they support the extra width. The commission stated they would like to see the Lake Waramaug Country Club, Lake Waramaug Association and Lake Waramaug Authority come to some sort of agreement.Motion: to continue the public hearing for application ZBA-0848 – Request of The Lake Waramaug Country Club, 314 West Shore Road, for Variance, Zoning Regulation 17.4 (increasing non conformity) & 6.6.6.a (dock size), to replace existing dock, by Todd Catlin, seconded by Randy Snook, by 5-0.
PUBLIC HEARING
Seated: Brad Sedito, Todd Catlin, Randy Snook, Polly Roberts, Kathy Leab
ZBA-0849 – Request of Beth Whitty (Maier), 94 Wykeham Road, for Special Exception, Zoning Regulation 17.4.a (increasing non conformity) to build a pergola.
Ms. Beth Whitty was present to represent this application. Ms. White confirmed proofs of certified mailings of the notification of the public hearing were received. Ms. Whitty described the existing patio, dimensions of the proposed pergola and displayed pictures of the façade of the house. The commission looked at the elevation drawings. The commission stated they would agree to a 10ft deep by 12 ft wide pergola with the overhang allowable within the Zoning Regulations.Motion: to close the public hearing for application ZBA-0849 – Request of Beth Whitty (Maier), 94 Wykeham Road, for Special Exception, Zoning Regulation 17.4.a (increasing non conformity) to build a pergola, by Mr. Catlin, seconded by Ms. Roberts, by 5-0 vote.
MEETING
Ms. Leab stated the application is straightforward and historically accurate. Mr. Catlin stated the pergola is modest in scope, aesthetically pleasing and historic in nature. Ms. Roberts agreed and stated the pergola adds a minimal increase to the footprint. Mr. Snook stated he was in favor of this application. Mr. Sedito stated it is not a very large encroachment into the front yard setback and it will enhance the appearance of the house.
Motion: to approve application ZBA-0849 – Request of Beth Whitty (Maier), 94 Wykeham Road, for Special Exception, Zoning Regulation 17.4.a (increasing non conformity) to build a pergola, by 5-0 vote.
CONSIDERATION OF THE MINUTES
Mr. Sedito asked if there were any corrections to the regular meeting minutes of April 16, 2009.
Motion: to approve the minutes of the April 16, 2009, meeting of the Washington Zoning Board of Appeals as submitted, by Mr. Catlin, seconded by Ms. Roberts, by 5-0 vote.
OTHER BUSINESS
Discussion of Ms. Hill’s Memo re: wetlands & watercourse setbacks by Special Exception language:
Mr. Sedito asked if anyone had received his email regarding this subject. No one had received the email. The commission tabled the discussion for the next meeting.There was a conversation regarding the windmill regulations.
ADJOURNMENT
Motion: to adjourn at 9:40 pm by a 5-0 vote.
Filed subject to approval:
Shelley White, Land Use Clerk
Posted: April 24, 2009 April 16, 2009
Present: Brad Sedito, Todd Catlin, Randy Snook, Polly Roberts, Kathy Leab
Alternates: Rod Wyant, Georgia Middlebrook
Absent: Peter Bowman, Alt
Staff: Mike Ajello, ZEO, Shelley White
Others: Martin Brown
Brad Sedito, Chairman called the meeting to order at 7:32 pm.
PUBLIC HEARING (CONTINUED)
Seated: Brad Sedito, Todd Catlin, Randy Snook, Polly Roberts, Georgia Middlebrook, Alt.
ZBA-0844 - Request of Juri & Antoinette Ripinsky, 20 New Preston Hill Road, for Variance, Zoning Regulation 11.6.1.b (front & side yard setback) to install swimming pool, construct porch and patio.
Mr. Hopkins submitted a request for an extension.
Motion: to continue ZBA-0844 - Request of Juri & Antoinette Ripinsky, 20 New Preston Hill Road, for Variance, Zoning Regulation 11.6.1.b (front & side yard setback) to install swimming pool, construct porch and patio, by Todd Catlin, seconded by Polly Roberts, by 5-0 vote.
PUBLIC HEARING
Seated: Brad Sedito, Polly Roberts, Randy Snook, Todd Catlin, Kathy Leab.
ZBA-0846 – Request of 223 Litchfield Turnpike, LLC, 223 Litchfield Turnpike, for Variance, Zoning Regulation 17.4 & 17.6 (increasing non conformity), to raise the roof of the second floor.
Mr. Martin Brown of Peter Talbot Architects was present to represent 223 Litchfield Turnpike, LLC. Mr. Brown and the members of the commission looked at the Exterior Elevations, sheet A-103 for the Community Grill, by Peter Talbot Architects, Revision date March 26, 2009. Mr. Brown stated 223 Litchfield Turnpike LLC was granted a variance in February of this year to raise the roof. The plans were revised in order to accommodate the installation of a Photovoltaic array on the rear dormer, which would require raising the roof pitch, adding an additional 1’4” to the vertical height. Mr. Sedito asked if the measurements on the plans include the solar panels in the total height. Mr. Ajello stated he had a discussion with Mr. Talbot and that he (Mr. Talbot) allowed for the total height to include the solar panels. Mr. Catlin asked if there were any objections from the neighbors. Ms. White stated the Land Use Office had not received any letters of objection. There was a discussion among the members and Mr. Brown as to whether there was a glare from the solar panels. Mr. Sedito asked if there were any more questions of the applicant. Ms. Roberts asked Mr. Ajello if he was confident the solar panels were definitely figured in to the height measurements. Mr. Ajello stated the panels would not extend all the way to the peak. The members and Mr. Brown confirmed the panels were included. Mr. Catlin asked if a variance would be needed to add solar panels. Mr. Ajello stated he does not think the panels would require a variance because the Zoning Regulations allow for things like antennas & cupolas.
Motion: to close the public hearing for application ZBA-0846 – Request of 223 Litchfield Turnpike, LLC, 223 Litchfield Turnpike, for Variance, Zoning Regulation 17.4 & 17.6 (increasing non conformity), to raise the roof of the second floor, by Randy Snook, seconded by Todd Catlin, by 5-0 vote.
MEETING
Mr. Sedito stated this application was pretty straightforward. Mr. Catlin stated the hardship issue was discussed with the last application for this property and the use has been grandfathered. Mr. Sedito stated that it was important to encourage green energy and the solar panels need a certain roof pitch, which, in itself is a hardship. Ms. Roberts stated she thought it was a great idea to rehabilitate the building and to use solar energy. Ms. Leab and Mr. Snook agreed with the other members of the commission.
Motion: to approve application ZBA-0846 - Request of 223 Litchfield Turnpike, LLC, 223 Litchfield Turnpike, for Variance, Zoning Regulation 17.4 & 17.6 (increasing non conformity), to raise the roof of the second floor as indicated on the Exterior Elevations, sheet A-103, by Peter Talbot Architects, dated 3-26-09, by 5-0 vote.
CONSIDERATION OF THE MINUTES
The members of the commission reviewed the minutes from the March 19th meeting.
Motion: to approve the minutes of the March 19, 2009, meeting of the Washington Zoning Board of Appeals as submitted, by Polly Roberts, seconded by Randy Snook, by 5-0 vote.
OTHER BUSINESS
Mr. Sedito read through the mail.
ADJOURNMENT
Motion: to adjourn at 8:50pm by a 5-0 vote.
Filed subject to approval:
Shelley White, Land Use Clerk
Posted: March 26, 2009 March 19, 2009
Present: Brad Sedito, Todd Catlin, Randy Snook, Polly Roberts
Alternates: Rod Wyant, Peter Bowman, Alt., Georgia Middlebrook, Alt.,
Absent: Kathy Leab
Staff: Mike Ajello, ZEO, Shelley White
Others: Brian Neff, Engineer, Paul Szymanski, Engineer, Mark & Linda Conlon, Thomas Sawyer, Will Hopkins
Brad Sedito, Chairman called the meeting to order at 7:34 pm.
PUBLIC HEARING (CONTINUED) Seated: Brad Sedito, Todd Catlin, Randy Snook, Polly Roberts, Rod Wyant, Alt.
ZBA-0840 - Request of Ronna Bennett, 80 East Shore Road, for Special Exception, Zoning Regulation(s) 17.4.a (increasing non conformity), to raise 2nd floor roof, convert porch to living space and addition to rear of the house.
Brian Neff, Engineer was present to represent this application. Mr. Neff stated the owner was agreeable to removing the second floor roof over the deck to reduce the scope of the project. He presented the 1st Floor Plan (drawing A-2), dated January 2009 & 2nd Floor Plan & Sections (drawing A-3), Exterior Elevations (drawing A-4) and Exterior Elevations (drawing A-5) for Bennett Residence, revised date 2/20/09. Mr. Neff stated the footprint of the house would remain the same and there would be an increase of 61% of living space. Mr. Neff stated the proposed bump out would be constructed over an existing walkway and it will measure 4’-8 ¼ ” x 8’-1 ½” to accommodate an interior stairway and the roof will be removed and raised approximately 9.8 ft. and will add 381 sq. ft. to the second floor. Mr. Catlin asked if the first floor den would be used as a bedroom since there is a full bathroom on the first floor. Mr. Neff stated the den could not be used as a bedroom and that the house would have to remain a 2 bedroom house due to the size of the septic system and Health Codes. Mr. Snook asked what the proposed change to the ridgeline of the roof would be. Mr. Neff stated the roof would be raised 9.8 ft. Mr. Neff stated the existing house is 864 sq. ft. and with a proposed increase to 1412 sq. ft. Mr. Sedito asked for location of the current septic system. Mr. Neff stated it is located at the southern portion of the property next to the house (indicated on Proposed Site Plan, dated 1-23-09, by Brian Neff, on file in Land Use Office) and that the current system is still working and there is a reserve area for a new septic system on the upper eastern portion of the property when and if it is needed. Ms. Roberts asked for the location of the parking and who owns it. Mr. Neff stated the parking is on state owned property. Mr. Neff and the commission discussed the appearance of the exterior of the house and how it is meant to blend in to the hillside.
Motion: to close application ZBA-0840 - Request of Ronna Bennett, 80 East Shore Road, for Special Exception, Zoning Regulation(s) 17.4.a (increasing non conformity), to raise 2nd floor roof, convert porch to living space and addition to rear of the house, by Randy Snook seconded by Rod Wyant, by 5-0 vote.
MEETING Mr. Sedito stated he was happy the 2nd floor covered/screened in porch was removed. Mr. Snook stated that he had driven by the property and it can barely be seen. Mr. Wyant stated there was not much the owners could do differently to expand their living space and he supports the application. Mr. Snook stated it is a difficult site and that it would be impossible to do anything differently than what was proposed. Mr. Catlin stated he was still bothered by the proposed plan because it seems to be ‘a lot of house for such a small lot’. Mr. Sedito stated that it always has been. Mr. Catlin agreed that it does meet the requirements of a Special Exception and he is in favor of the application. Ms. Roberts stated she is happy that the house is to be expanded within it’s existing footprint and will be expanded vertically rather that horizontally and is satisfied that the house could not be more than a two bedroom dwelling because of the restricted lot and septic. Mr. Sedito stated the application fits in with the definition of a Special Exception and is reasonable in scope and promotes the continued use of a dwelling and he is in favor of the application.
Motion: to approve application ZBA-0840 - Request of Ronna Bennett, 80 East Shore Road, for Special Exception, Zoning Regulation(s) 17.4.a (increasing non conformity), to raise 2nd floor roof, convert 1st floor porch to living space and addition to rear of the house, in accordance with revised plans dated 2/20/09, by 5-0 vote
PUBLIC HEARING Seated: Brad Sedito, Todd Catlin, Randy Snook, Polly Roberts, Peter Bowman, Alt.
ZBA-0843 - Request of Mark & Linda Conlon, 6 Valley Road, for Variance, Zoning Regulation(s) 12.1.3(watercourse setback for septic), 12.1.2(Shepaug River setback), 12.2.1 (wetlands/watercourse setbacks), 11.6.1 (front yard setback), to install more conforming septic system, demolish and reconstruct barn with garage addition and demolish and reconstruct house with terrace.
Mr. Szymanski and Mrs. & Mr. Conlon were present to represent this application. Mr. Sedito asked if there was proof of certified mailing to the surrounding neighbors. Ms. White confirmed there was. Mr. Szymanski stated the existing septic system is about 15 ft. away from the Shepaug River. The existing septic is to be abandoned, and a new septic system will be installed approximately 56 ft. away from the river. Mr. Szymanski addressed the issues of the previously withdrawn application for a variance for this property. He stated the proposed plan shows re grading, and a reduced patio. Mr. Catlin asked if the Inlands/Wetlands Commission has approved the plan. Mr. Szymanski stated the Conlons have to go back to I/W for some minor modifications. Mr. Szymanski and the members of the commission looked at the Property Survey & Partial Topographic Map, prepared for Mark & Linda Conlon, by Arthur H. Howland & Associates, P.C., revision date 2/6/09. Mr. Szymanski stated the existing accessory building is approximately 21.8 ft. from the Shepaug River and the proposed accessory building will be 29.8 ft. from the river and the existing front yard setback is 24.8 ft. and proposed will be 29.2 ft. Mr. Snook asked if there was any part of the existing barn that would be used in the proposed plan. Mr. Szymanski stated they would not use any of the existing barn (accessory building) because of the poor condition of the structure. Mr. Snook asked if the Conlons had considered moving the barn closer to the house as suggested by the ZBA with the previous application. Mr. Szymanski stated they felt they would like to keep the character of the property by keeping the separation from the house as well as keeping the same length of the existing barn and it causes more difficulty as the grade becomes steeper closer to the house. Mr. Sedito pointed out that the measurement of the most southern corner of the barn to the front property line was not indicated on the survey and recommended that it should be, in order for the ZBA to approve an exact location of the structure. Mr. Szymanski stated he would make the revisions. The commission and Mr. Szymanski looked at the House/Garage Plans, for Conlon Residence, by Wesley H. Quigley III Architecture and Design, dated 2/2/09, sheet # A-2. Photographs of the existing structure were also looked at. Mr. Bowman asked if there was an open loft in the garage portion. Mr. Szymanski confirmed it was. Mr. Szymanski stated the proposed house is 5 feet closer to the Shepaug River than the existing house and the proposed house is increasing the front yard setback by approximately 9 ft. Mr. Szymanski stated the existing septic system is approximately 15 ft. from the river and the proposed septic will be 56.3 ft from the river and that the Health Department and the Inlands/Wetlands Commission have approved it. Ms. Roberts asked what the square footage increase was. Mr. Szymanski stated the existing house is approximately 1100 sq. ft. and the proposed house will be approximately 1400 sq. ft. Mr. Catlin asked what the increase of square feet was in the footprints of both the house and the accessory building. Mr. Szymanski stated the house footprint would increase approximately 400 sq. ft. and the accessory building would increase approximately 200 sq. ft.
Motion: to close the public hearing for application ZBA-0843 - Request of Mark & Linda Conlon, 6 Valley Road, for Variance, Zoning Regulation(s) 12.1.3(watercourse setback for septic), 12.1.2(Shepaug River setback), 12.2.1 (wetlands/watercourse setbacks), 11.6.1 (front yard setback), to install more conforming septic system, demolish and reconstruct barn with garage addition and demolish and reconstruct house with terrace, by Todd Catlin, seconded by Randy Snook, by 5-0 vote
MEETING The members of the commission agreed this entire lot is non-conforming because of its location to the Shepaug River. Mr. Snook stated the proposed plans are a substantial improvement to what exists and the Conlon’s have made a reasonable attempt to improve the setbacks. Ms. Roberts stated she was happy to see the proposed studio/garage (barn) has been located closer to the house. She stated she believes every effort has been made to stay within the existing footprint and the proposed plan is modest, and she is in favor of this application. Mr. Catlin stated he is happy that I/W has approved the plans and he believes there has been an effort on the part of the property owners to work with the ZBA and other commissions in the Town of Washington and he is in favor of this application. Mr. Bowman agrees with the other members and believes the plan is modest in scope and is in favor of this application. Mr. Sedito stated the proposed shed (barn) and septic are in better locations and further away from the Shepaug River and the 5 ft. decrease in the Shepaug River setback with the house is a hardship and he is also in favor of this application.
Motion: to approve application ZBA-0843 - Request of Mark & Linda Conlon, 6 Valley Road, for Variance, Zoning Regulation(s) 12.1.3(watercourse setback for septic), 12.1.2(Shepaug River setback), 12.2.1 (wetlands/watercourse setbacks), 11.6.1 (front yard setback), to install more conforming septic system, demolish and construct studio/barn with garage, and demolish and construct house with terrace in accordance with revised plans dated 2/6/09 and with the requirement that the engineer submit site plans with all setback dimensions before ZBA’s next meeting on April 16th, by 5-0 vote.
PUBLIC HEARING Seated: Brad Sedito, Todd Catlin, Randy Snook, Polly Roberts, Georgia Middlebrook, Alt.
ZBA-0844 - Request of Juri & Antoinette Ripinsky, 20 New Preston Hill Road, for Variance, Zoning Regulation 11.6.1.b (front & side yard setback) to install swimming pool, construct porch and patio.
Mr. Hopkins was present to represent the Ripinskys for this application. The ZBA members looked at the Property/Boundary Survey, prepared for New Preston Hill, LLC, by T. Michael Alex, Surveyor, dated January 2009. After a brief discussion, it was determined the application was missing required information. The applicant will need to provide the dimensions of the proposed patio and it’s distance from side property lines, the proposed porch dimensions and measurements, the location of the pool equipment on the survey, a proposed elevation drawing for the porch with measurements, photos of existing porch and proof of proper notification to all neighbors.
Motion: to continue ZBA-0844 - Request of Juri & Antoinette Ripinsky, 20 New Preston Hill Road, for Variance, Zoning Regulation 11.6.1.b (front & side yard setback) to install swimming pool, construct porch and patio, by Polly Roberts, seconded by Randy Snook, by 5-0 vote
PUBLIC HEARING Seated: Brad Sedito, Polly Roberts, Randy Snook, Peter Bowman, Alt., Rod Wyant Alt.
ZBA-0845 - Request of Elizabeth Gray & Alan Organschi, 153/155 West Morris Road, for Variance, Zoning Regulation 12.1.2 (Bantam River setback), to rebuild house on existing foundation.
Mr. Sawyer of Gray Organschi Architecture was present to represent this application. Mr. Sedito asked how far the house was from the Bantam River and if the Inlands/Wetlands Commission approved the proposed plan. Mr. Sawyer stated it was approximately 142 ft. and they have received approval from I/W. Mr. Sedito asked if there was proof of certified mail notification of the hearing to surrounding neighbors. Ms.White confirmed there was.
Motion: to close the public hearing for application ZBA-0845 - Request of Elizabeth Gray & Alan Organschi, 153/155 West Morris Road, for Variance, Zoning Regulation 12.1.2 (Bantam River setback), to rebuild house on existing foundation, by Polly Roberts, seconded by Rod Wyant, by 5-0 vote.
MEETING The commission members agreed that the proposed house is being built on an existing foundation, it was previously approved for a special exception and its location to the Bantam River is a hardship. Mr. Wyant, Ms. Roberts, Mr. Bowman, Mr. Sedito and Mr. Snook all expressed they were in favor of approving this application.
Motion: to approve ZBA-0845 - Request of Elizabeth Gray & Alan Organschi, 153/155 West Morris Road, for Variance, Zoning Regulation 12.1.2 (Bantam River setback), to rebuild house on existing foundation, by 5-0 vote.
CONSIDERATION OF THE MINUTES
Motion: to approve the minutes of the February 19, 2009, meeting of the Washington Zoning Board of Appeals as submitted, by Todd Catlin, seconded by Randy Snook, by 5-0 vote.
OTHER BUSINESS
Mr. Sedito read thru the mail. He approved an invoice from Murtha Cullina, Attorneys.
ADJOURNMENT
Motion: to adjourn at 9:10 pm by a 5-0 vote.
Filed subject to approval:
Shelley White, Land Use Clerk
March 26, 2009
Posted: February 27, 2009 February 19, 2009
Present: Brad Sedito, Todd Catlin, Kathy Leab, Randy Snook
Alternates: Rod Wyant
Absent: Polly Roberts, Peter Bowman, Alt., Georgia Middlebrook, Alt.,
Staff: Mike Ajello, ZEO
Others: Brian Neff, Engineer, Peter Talbot, Architect, Martin Brown, Dirk Sabin, Landscape Architect, John Harris, Craig Studer, Landscape Architect, Jim Ross, Jim Dobson, Irv Ernhout, Residents
Brad Sedito, Chairman called the meeting to order at 7:45 pm.
PUBLIC HEARING:
Seated: Brad Sedito, Todd Catlin, Randy Snook, Kathy Leab, Rod Wyant, Alt..
ZBA-0840 - Request of Ronna Bennett, 80 East Shore Road, for Special Exception, Zoning Regulation(s) 17.4.a (increasing non conformity), to raise 2nd floor roof, convert porch to living space and addition to rear of the house.
Brian Neff, Engineer was present to represent this application. Mr. Neff presented a Property Boundary Survey, prepared for Ronna Bennett, by T. Michael Alex, dated April 2008, a Proposed Site Plan, titled Addition to the Bennett Residence, by Brian E. Neff, Engineer, dated 1-23-09, Floor Plans and Exterior Elevation Drawings. Mr. Neff read the letter of explanation for the request of a Special Exception (on file in Land Use Office). Mr. Sedito asked if the only increase in the footprint would be the 4x8 area on the proposed plan. Mr. Neff confirmed the increase would be located over the existing walkway. Mr. Snook asked if there were photos of the property. Mr. Neff presented photos of the front and back of the property. ZBA confirmed the neighbors had been properly notified and the Land Use Office had received a majority of the return receipts. Mr. Sedito asked if the whole structure was being torn down. Mr. Neff stated the roof will be removed and a second floor would be added with a new roof. Mr. Sedito and the other members looked at the elevation drawings. Mr. Sedito asked how large the existing and proposed house is. Mr. Neff stated the existing house is 2 bedrooms (1 upstairs and 1 downstairs) and is 864 sq. ft. He stated the proposed plan will have 2 bedrooms, both upstairs, and 1412 sq. ft. Mr. Catlin asked how far the house was from the lake. Mr. Neff stated the house is about 62 ft. from Lake Waramaug. Mr. Catlin expressed that he was concerned with the increase in volume and the10 ft. increase to the height of the existing house due to the proximity to the lake. Mr. Sedito stated that the addition of a second story screen porch increases the volume significantly. He read the requirements of a Special Exception and stated he was uncomfortable with the volume increase, specifically with the porches and decks on the proposed plan. ZBA and Mr. Neff agreed that the plan could be adjusted and revised.Motion: to continue application ZBA-0840 - Request of Ronna Bennett, 80 East Shore Road, for Special Exception, Zoning Regulation(s) 17.4.a (increasing non conformity), to raise 2nd floor roof, convert porch to living space and addition to rear of the house, by Rod Wyant, seconded by Todd Catlin, by 5-0 vote.
PUBLIC HEARING
Seated: Brad Sedito, Todd Catlin, Randy Snook, Kathy Leab, Rod Wyant, Alt..
ZBA-0841– Request of 223 Litchfield Turnpike, LLC., 223 Litchfield Turnpike, for variance, Zoning Regulation(s) 11.6.1.a (front yard setback), 12.1.1 (wetland/watercourse setback), 17.4 /17.7(increasing non conformity), to construct entry porch, raise roof of 2nd floor, move storage shed out of wetlands.
Peter Talbot, Architect, Martin Brown and Dirk Sabin, Landscape Architect was present to represent this application. It was confirmed that the majority of the of green return postcards had been received by the Land Use Office and the surrounding property owners had been properly notified. Mr. Talbot read his letter (on file in Land Use Office) explaining the hardship and reasons for the variances being requested to the commission. He listed the enclosures included with this letter: A-2 Survey, Drawing SP-1, Drawing Sp-2, Drawing L-1, & Photos of existing conditions. The commissioners and Mr. Talbot looked at the A-2 Survey, Site Analysis Plan, prepared for 223 Litchfield Turnpike, LLC., dated September 2008, by T. Michael Alex, Land Surveyor. Mr. Talbot stated the proposed changes would make the property less non-conforming. He stated the porch would be 8' 6” ft. wide across the front of the building discussed the reasons for the size and location of the entry porch. Mr. Sedito asked what the minimum width is to meet code. Mr. Talbot explained the width of the entry allows for the minimum turning radius to accommodate a wheelchair. He stated that putting the entry on the side of the building would result in the need for parking in the front of the building, which they would like to avoid for safety and town planning reasons. Mr. Talbot stated the existing handicap access is on the side of the building, it is a secondary access according to A.D.A., and that is a Civil Rights issue. Locating the deck in the front of the building allows all patrons to use the same entrance. Ms. Leab agreed there was not sufficient lighting on the side of the building Mr. Talbot stated that they have approval from the Health Department and the Inlands/Wetlands Commission. The existing lot coverage is 15.7% and the proposed lot coverage is 16.8% which is under the allowable 25% lot coverage. This coverage will include paved surfaces, which will allow demarcation of parking. Mr. Catlin asked if the porch was going to be used for dining. Mr. Talbot said it would be an area used for waiting. Mr. Snook asked if there were other revisions to the outside of the building other than the front porch. Mr Talbot stated there would be a slight increase in the wetlands setback for the Principle Structure. The ZBA stated the call was not correct in stating the applicant was requesting a variance for section 17.7. The applicant requested a variance for section 17.6 (increasing non conformity), which was recorded on the application. The ZBA members and Mr. Talbot looked at the Zoning Regulations to decide whether applying for a variance to 17.6 was necessary. Mr. Catlin asked how high roof would be raised. Mr. Talbot stated it would be raised 11 inches he consulted with Bill Jenks, Building Inspector and it meets code. ZBA and Mr. Talbot examined the rear elevation drawing. Mr. Talbot explained that the habitable square footage was actually being reduced. The changes to the second floor would allow for insulation and would include a less shallow dormer allowing for office space and employee lounge area and bathroom. The proposed plan removes the exit stairway and removes the oil tank that will be relocated to the crawl space underneath the building. Mr. Talbot stated the existing square footage is 2,273 and will be decreased to 1,859 sq. ft. with the proposed plan. Mr. Talbot stated the existing shed is in the wetlands and they are proposing to move it 5 ft. away from the wetlands and it will be less visible from the road. Mr. Sabin presented the landscape plan for the site. Mr. Sedito asked if there were any more questions for m the commission or the public. Irv Ernhout of Wilbur Road stated he was familiar with the property and knew that the septic was problematic. Mr. Neff discussed the newly designed septic system that has been approved by the Heatlth Department. The new septic system has been moved to a dryer area and will not be leaching into the wetlands. Mr. Ross asked if the septic system was 100 % code compliant. Mr. Neff stated the square footage is correct however the trenches fell a little short due to the confined area they were able to use. Mr. Ernhout asked what type of lighting would be used. Mr. Talbot stated they will have a post lamp in the parking area as well as some down lighting shedding light in the parking area and some of the back of the property. Mr. Sedito asked if there were any more questions of comments.Motion: to close application ZBA-0841– Request of 223 Litchfield Turnpike, LLC., 223 Litchfield Turnpike, for variance, Zoning Regulation(s) 11.6.1.a (front yard setback), 12.1.1 (wetland/watercourse setback), 17.4 /17.7(increasing non conformity), to construct entry porch, raise roof of 2nd floor, move storage shed out of wetlands, by Todd Catlin, seconded by Rod Wyant, by 5-0 vote.
MEETING
Members of the ZBA discussed the incorrect call for this application. Ms. Leab had found what would be considered adequate by the courts for the notice in the book What's Legally Required , by Mike Zizka, page 54, item #2. Substantive Requirements, paragraph #2. Mr. Catlin read the excerpt stated the important thing was that 'item #1 in the call sufficiently apprises those who may be affected of the nature and character of the action being proposed' and that the public was allowed to prepare 'intelligently' for the public hearing. Mr. Sedito stated that section 17.4 has been noted and 17.6 is secondary to that, but if somebody wanted to file an appeal within 30 days they could. It was noted that 17.6 was on the application correctly. Mr. Catlin stated he is in favor of varying 11.6.1.a and is happy that it meets the A.D.A requirements and the porch adds a more aesthetically pleasing facade. He stated he has no issue with 12.1.1 for the porch because it is not as close to the wetlands as the rest of the building and I/W Commission has approved it. Regarding varying sections 17.4/17.6, increasing the height, brings the building to code, adding the front porch is A.D.A. compliant, and it addresses safety issues and bringing the shed further away from the wetlands is an improvement. Mr. Wyant stated he agrees with Mr. Catlin and is in favor of the improvements. Ms. Leab stated that A.D.A. Is the most important issue, and she believes there was a safety issue for all patrons entering and exiting the restaurant. She stated she is also in favor of the relocation of the storage shed. Mr. Snook stated he is in favor of the application and feels the entry was done appropriately and would like to see this application be approved. Mr. Sedito stated he agrees with varying 11.6.1.a. He stated that he does see a hardship in conforming with the A.D.A. Requirements, protecting the Civil Rights of handicap people. He stated the proposed plan is an excellent solution. He feels the wetlands create a hardship and is in favor of varying 12.1.1 for the deck. Mr. Sedito stated he is also in favor of varying regulation 17.4 because it would be necessary to increase the non-conformity to construct the handicap access. He believes that varying regulation 17.6 follows varying regulation 17.4. He asked Mr. Catlin for his input. Mr. Catlin stated that varying 17.6 for the porch is an A.D.A. consideration and raising the roof brings the building closer to code. He feels this plan was done in the most attractive and efficient way possible and he commended the plan for being sensitive to the civic planning of the Town of Washington and believes it is a modest application on a very difficult site.
Motion: to approve ZBA-0841– Request of 223 Litchfield Turnpike, LLC., 223 Litchfield Turnpike, for variance, Zoning Regulation(s) 11.6.1.a (front yard setback), 12.1.1 (wetland/watercourse setback), 17.4/17.6 (increasing non conformity), not varying 17.7 as it was noticed incorrectly, to construct entry porch, raise roof of 2nd floor, move storage shed out of wetlands, by 5-0 vote.
PUBLIC HEARING:
ZBA-0842 - Request of John Harris, 258 New Milford Turnpike, for variance, Zoning Regulation(s) 11.6.1(front and side yard setback), 12.1.1 (wetland/watercourse setback), 12.1.2(Aspetuck River setback), 17.4 (increasing non-conformity), add portico and addition for utilities, fireplace and storage.
Mr. John Harris and Mr. Craig Studer, Landscape Architect, of Studer design were present to represent this application. Mr. Studer presented the Proposed Site Plan for the White Horse Pub, by MacMillan Architects, dated 1/27/09. The proposed entry portico measures 9'x8'. This entry will be covered with and serve as the main entrance for all patrons and conforms to A.D.A. standards for handicap entry. Mr. Studer explained that the footprint would remain the same. The existing structure requires interior changes to bring the building up to code for handicap accessibility, accessibility to the bathrooms and liquor laws requiring locked storage for liquor. Mr. Studer explained the addition would be constructed on an existing 10' x 12' concrete pad for liquor storage, utilities and allow for installation of a gas fireplace. The existing kitchen needs to be enlarged to accommodate the two refrigerators that are required to meet Health Code. The proposed bathrooms are centrally located between the bar area and dining area and are handicap accessible. Mr. Sedito asked the existing location of the well pump. Mr. Harris stated it is located in an existing storage area. Mr. Catlin asked if the deck would be used for dining. Mr. Harris stated there weren't any plans for dining on the deck. Mr. Sedito stated the addition would be very close to the neighbor’s property line. Mr. Studer presented a letter from the neighbor that is in favor of the project. Mr. Sedito asked the other members opinion regarding the size of the addition. Mr. Catlin stated he did not have a problem with it considering there was a letter from the neighbor supporting the project and there is clearly an issue with storage. Ms. Leab agreed with Mr. Catlin. Mr. Sedito asked if Inland/Wetlands Commission approved the project. Mr. Harris confirmed they had approval from I/W Commission. Mr. Snook asked if the number of parking spaces would be increased. Mr. Harris said there are approximately 21 parking spaces. Mr. Catlin asked if the existing entrance could have been used as a covered portico and the door be pushed back. Mr. Studer stated that it was considered but the proposed plan allows the bathrooms to be centrally located and allows for the space to function better. Mr. Sedito asked if there were any additional questions or comments. Jim Dobson, of Dobson Pools stated he supports the project.Motion: to close application ZBA-0842 - Request of John Harris, 258 New Milford Turnpike, for variance, Zoning Regulation(s) 11.6.1(front and side yard setback), 12.1.1 (wetland/watercourse setback), 12.1.2(Aspetuck River setback), 17.4 (increasing non conformity), add portico and addition for utilities, fireplace and storage, by Randy Snook, seconded by Kathy Leab, by 5-0 vote.
MEETING:
Mr. Snook stated he was in favor of the project and the proposed plan is a significant improvement to what exists with a relatively minor change to the footprint. Mr. Wyant stated the proposed plan is a great improvement and he is in favor of the project. Ms. Leab stated the property is a hardship and the improvements are a 'reclamation' and she supports the project. Mr. Catlin stated he was in favor of this application and believes the proposed plan is sensitive to the river. Mr. Sedito stated he was in favor of the application and feels it addresses A.D.A and safety issues. He stated concern with the size and proximity of the addition but is satisfied with the letter of support the neighbor submitted.
Motion: to approve ZBA-0842- Request of John Harris, 258 New Milford Turnpike, for variance, Zoning Regulation(s) 11.6.1(front and side yard setback), 12.1.1 (wetland/watercourse setback), 12.1.2(Aspetuck River setback), 17.4 (increasing non conformity), add portico and addition for utilities, fireplace and storage, by 5-0 vote.
CONSIDERATION OF THE MINUTES:
Motion: to approve the minutes of the January 15, 2009, meeting of the Washington Zoning Board of Appeals as submitted, by Rod Wyant, seconded by Kathy Leab, by a 5-0.
OTHER BUSINESS:
Mr. Sedito asked the commission to discuss a a letter to the Zoning Commission requesting clarification and a possible revision to certain sections of the Zoning Regulations. Sections: 12.5.4.1, 12.5.4.2 & 12.5.4.4 (windmills) were discussed by the ZBA members. They questioned windmills and their relation to noise generating equipment, impact on neighboring properties, definition of a “windmill” and whether there should be any exceptions if the windmill were located on a farm. The second regulation discussed was 12.1.1 (wetlands setback) and how this regulation relates to new structures, the issue of one applicant having to apply for a Special Exception for regulation 17.5 and a Variance for 12.1.1. ZBA request there be some verbiage in regulation 17.5.a.1 to allow a Special Exception for structures that would also not be permitted under 12.1.1 as long as wetlands approval has been obtained prior to coming to the ZBA so to eliminate the need for 2 separate applications. The third item discussed was Special Exceptions. ZBA is asking for clarification of regulation 17.5.c.1. The fourth item discussed was Noise Generating Equipment and how the regulation is worded. The commission agreed that Mr. Sedito should submit this request to the Zoning Commission.
ADJOURNMENT:
Motion: to adjourn at 9:50 pm by a 5-0 vote.
Filed subject to approval:
Shelley White, Land Use Clerk
Posted: January 24, 2009 January 15, 2009
Zoning Board of Appeals Minutes – January 15, 2008Present: Polly Roberts, Brad Sedito, Todd Catlin, Randy Snook, Kathy Leab
Alternates: Roderick Wyant III
Absent: Georgia Middlebrook, Alt., Peter Bowman, Alt.
Staff: Shelley White
Others: Paul Szymanski, Engineer, Mark & Linda Conlon, Jim Strub, Attorney, Erich Diller, Brian Baker, Engineer
Brad Sedito, Chairman called the meeting to order at 7:34 pm.
PUBLIC HEARING CONTINUED
7:34 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.
Paul Szymanski, Engineer of Arthur H. Howland & Associates, Linda and Mark Conlon were present to represent this application. Mr. Sedito summarized the previous public hearing and stated the elevations had been requested of the applicant. Mr. Szymanski presented the Property Survey & Partial Topographical Map, prepared for Mark & Linda Conlon, dated March 25, 2008 by Arthur H. Howland & Associates. Mr. Szymanski reminded the Board that both of the structures are within the setbacks because of the setback to the river and the road. He explained that the proposed barn would be replacing the dilapidated existing barn. Mr. Snook asked if the barn was going to be torn down or renovated. Mr. Szymanski confirmed that it will be torn down and rebuilt. Ms. Roberts asked if the proposed footprint includes the existing footprint of the barn. Mr. Szymanski confirmed that it did. Mr. Catlin stated that a previous concern of the Board was the position of the barn and the proximity to the proposed house. He asked Mr. Szymanski if this was eliminated as a possibility. Mr. Szymanski stated that they wanted to keep it as is for functionality, and preserve it as it was and it has been approved by Inland/Wetlands. Mr. Szymanski presented the elevation drawings to the Board. Mr. Catlin asked for confirmation that the entire piece of property is within the 200 ft. setback of the Shepaug River. Mr. Szymanski confirmed this. Ms. Roberts asked if the bump out of the existing dwelling would be removed. The rear elevations of the proposed house were reviewed and discussed. The Board questioned why the proposed patio and stairs were not indicated on the site plan. Mr. Sedito explained that an updated site plan, including these structures, is required and would be needed for approval. Mr. Catlin asked for the acreage of the lot. Mr. Conlon stated it was 1.37 acres. Mr. Sedito asked if there was an updated site plan. Mr. Szymanski stated that he did not have one with him. Ms. Conlon presented an updated 8.5 x 11 site plan. Ms. Roberts asked if it would be possible to get a proper size site plan that was approved by Inland/Wetlands. Mr. Szymanski gave the distances of the structures relating to the setbacks. Mr. Sedito stated that the small size of the site plan does not give the Board an adequate picture of the proposed plan. Mr. Snook stated that the revised site plan has a different plot number, and as far as legality is concerned the Board is not being presented the same drawing. Mr. Snook asked if the comparative lot coverage between the existing and the proposed. Mr. Szymanski stated the existing lot coverage was somewhere around 8%. Mr. Catlin stated that it looks like a significant change to what exists and the proposed plan seems to be a large increase in mass on a very tiny lot that is so close to the Shepaug. Mr. Sedito stated that there have been so many changes and the 8.5 x 11 site plan is really a septic plan and is hard to read off of because there is too much information on such a small map. Mr. Szymanski pointed out that the proposed plan increases the footprint by 500 ft so they incorporated an infiltration system for the roof run off to be directly discharged onto the grass and added a large vegetative buffer in order to treat any surface run off. Mr. Catlin requested that the applicant address the hardship. He stated that the applicant bought the property knowing that it was a difficult piece of property. Mr. Szymanski stated that the property is entirely within setback to the Shepaug River and it meets the requirements for hardship statutorily. He stated they are focusing on being respectful to the land with the proposed plans. Mr. Conlon stated that a large percentage of the living space of the current dwelling is below grade or partially below grade. Mr. Snook stated that he does not have a problem with the size. Ms. Roberts stated that she does not have a problem with the footprint of the house. She then stated that the house looks rather tall but is fine with it as long as it’s within the Zoning Regulations on height. Mr. Szymanski stated that the average height was around 25 feet and within the Regulations. Mr. Szymanski stated that he would have no problem withdrawing the application and invited the Board members to a site walk. Mr. Sedito asked the current square footage of the existing house. Mr. Szymanski stated that the existing square footage is about 1150 sq. ft. and the proposed square footage is 1500 sq. ft. Mr. Catlin asked what was in the basement. Mr. Conlon stated just the mechanicals. Mr. Sedito suggested that the applicant come back with a site plan that was more in context and properly updated. He asked the Board if they were in agreement that the fee be waived and the applicant can reapply with updated information and photographs of the site. The applicant submitted a formal withdrawal in writing.8:07 pm
PUBLIC HEARINGSeated: Brad Sedito, Polly Roberts, Todd Catlin, Randy Snook, Kathy Leab
ZBA-0839 – Request of Christine & Mark Beckett, 23 Loomarwick Road, application for variance, Zoning Regulation 11.6.1 (front yard setback), 12.1.1 (wetland/watercourse setback), 12.1.3 (leach field setback from watercourse), to reconstruct dwelling and install new septic.
Attorney Jim Strub, Engineer Brian Baker and Designer Erich Diller were present to represent this application. Atty. Strub stated that the property owners, the Becketts, had applied for a variance before with different plans. He stated that his clients took the comments from the Town into consideration when designing the current plans. Inland/Wetlands approved the Beckett’s plans. Atty. Strub presented the Inland/Wetlands Site Inspection Report for 23 Loomarwick Road that took place on November 19, 2008. Mr. Sedito stated he remembered this property had drainage issues and the existing building was on stilts. Mr. Sedito stated that he assumes this new structure will have a foundation and asked what was being done to address the poor drainage issue. Brian Baker, Civil Engineer, presented and 11x17 map including lot coverage, site plan, grading plan and erosion plan, dated November 3, 2008 by Civil 1. He stated that the proposed structure would have footer drains and leader drains that will go into a rain garden. Mr. Baker stated the driveway would have a stone infiltration trench. The overflow from this trench would go into an overflow pipe that would direct the water into the rain garden. Mr. Snook asked if the existing and proposed lot coverage were the same. Mr. Baker said they were close but the proposed driveway increases the coverage to 6.86%. Mr. Catlin asked if there were any plans for a garage in the future. Mr. Diller stated that the Becketts do not want a garage. The Board, Atty. Strub, Mr. Diller and Mr. Baker examined the site plan. They discussed the setbacks. Mr. Sedito stated that it was a basically unbuildable lot. Mr. Sedito asked if anybody had any further questions.
Motion: to close application ZBA-0839 – Request of Christine & Mark Beckett, 23 Loomarwick Road, application for variance, Zoning Regulation 11.6.1 (front yard setback), 12.1.1 (wetland/watercourse setback), 12.1.3 (leach field setback from watercourse), to reconstruct dwelling and install new septic, by Todd Catlin, seconded by Kathy Leab, by 5-0 vote
MEETING
Mr. Sedito stated that the proposed plan was basically the same footprint that has been rotated a little bit and is a little less within the setback to the street. Mr. Snook stated that it was a significant improvement to what is there and he is in favor of the application. Mr. Catlin stated he thought the proposed plans show a modest house. The plans show that the property owners were sensitive to the wetlands, the house is attractive and he is happy that ‘Wetlands’ approved it. Ms. Leab stated that she was amazed. She stated that it was a very difficult site that has a lot of hardship and they should be congratulated on the plans. Ms. Roberts stated that she was in favor as well. Mr. Sedito stated that he sees a hardship based on the land and the wetlands that are present. He stated that the property owners would not be able to have a septic system or a house that would meet regulations. He stated that the last plan was at its limit with coverage and this house is well with in the coverage.
Motion: to approve ZBA-0839 – Request of Christine & Mark Beckett, 23 Loomarwick Road, application for variance, Zoning Regulation 11.6.1 (front yard setback), 12.1.1 (wetland/watercourse setback), 12.1.3 (leach field setback from watercourse), to reconstruct dwelling and install new septic, by 5-0 vote.
8:30 pm
OTHER BUSINESS
Mr. Sedito and the members of the ZBA discussed issues regarding some of the Zoning Regulations. Mr. Sedito read Zoning Regulation 12.5.4 - windmills. The Board discussed sizes and uses of windmills and decided the regulation should be clarified. Mr. Sedito then asked to discuss Zoning Regulation 12.1.1. He stated that he was not sure if the regulation was put into place before there was and Inlands/Wetlands Commission in the Town of Washington. He raised the issue of whether or not the application for Special Exceptions should be worded in order for the applicant not to have to apply for a Variance and a Special Exception. A discussion ensued about whether an applicant should go to Inlands/Wetland before they come to ZBA. Ms. Roberts stated that this issue was brought up with Atty. Zizka. Ms. Roberts recalled the ZBA couldn’t require an applicant to go to Inlands/Wetlands before coming to ZBA. Mr. Sedito suggested that Zoning Regulation 17.5.a.1 could be reworded to include “12.1.1(50 ft wetlands setback) provided Wetlands approval is provided before coming to ZBA.” Mr. Snook suggested that Zoning Regulation 12.1.1 could be expanded to include subjects other than erosion and sedimentation for mediation measures relative to wetlands and watercourses. The Board agrees that these changes are going to be suggested to the Zoning Commission and they would make the decision. Mr. Sedito talked about Special Exceptions and asked if the ZBA should regulate the size volumetrically. Mr. Catlin stated that he believes that would be another ‘hoop’ the applicant would have to go through and it would make the application/hearing process more difficult. Another issue Mr. Sedito brought to the table was should the Special Exception not apply to a complete demo and tear down. The Board agreed they should retain discretion. Ms. Leab stated that the Historic Building part of the Special Exception should be clarified and include the main house (structure). Mr. Sedito stated that it was not necessary to ask for relief from 17.4.a when applying for a Special Exception because it is already noted in 17.5.a – Special Exceptions. Mr. Sedito read 17.4.b requires that if a non-conforming structure is moved it must conform to the current regulations and therefore would require a variance and could not be a Special Exception. The Board discussed whether or not it meant demolished and moved to another location or if a dwelling was put on wheels and physically moved. Mr. Sedito stated that with noise generating equipment regulations should require less or equal noise impact. ZBA agrees that they have brought this up before and will bring it up again.
Ms. Roberts discussed the applications currently used for Special Exceptions and Variances. She passed out a checklist Ms. White had created to give to the applicants and use in the office to determine whether the application is complete. The Board and Ms. White have agreed that incomplete applications will not be put on the agenda but can be looked at by the ZBA at the next meeting to determine if there is enough information to make a decision of or if the applicant needs to provide more information. Ms. Roberts also volunteered to go through the applications and fine-tune them to make it as clear as possible to the applicant what is required.
Motion: To approve the minutes of the December 18, 2008 meeting of the Washington Zoning Board of Appeals as submitted, by Todd Catlin, seconded by Polly Roberts, by a 5-0.
Motion: To adjourn at 9:26 pm by Polly Roberts, seconded by Kathy Leab, by a 5-0 vote.
FILED SUBJECT TO APPROVAL:
Shelley White, Land Use Clerk
January 23, 2008
Meetings in 2008