www.WashingtonCT.org The Town of Washington, Connecticut Minutes: Zoning Board of Appeals

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Posted: January 234, 2010

January 21, 2010

Present: Brad Sedito, Randolph Snook, Polly Roberts, Todd Catlin, Kathy Leab
Alternates: Roderick Wyant III, Todd Peterson, Peter Bowman
Absent: Mike Ajello, ZEO
Staff: Shelley White
Others: Brian Neff

Chairman, Brad Sedito called the meeting to order at 7:35.

PUBLIC HEARING - Continued
Seated: Brad Sedito, Polly Roberts, Randy Snook, Todd Catlin, Kathy Leab.

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 January 19, 2010, requesting an 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. Sedito, seconded by Mr. Snook, by 5-0 vote.

PUBLIC HEARING - Continued
Seated: Brad Sedito, Randy Snook, Todd Catlin, Rod Wyant, Alt., Todd Peterson, Alt

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.
Ms. White read a letter from Peter Duncan, dated January 20, 2010 requesting an extension.

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. Sedito, seconded by Mr. Catlin, by 5-0 vote.

PUBLIC HEARING
Seated: Brad Sedito, Polly Roberts, Randy Snook, Todd Catlin, Rod Wyant, Alt.

ZBA-0863 – Request of Brian Neff (Leonard & Janis Kott), 14 Wheaton Road, for Special Exception, Zoning Regulation(s) 17.5 (increasing non conformity), to enclose existing deck and construct 2-story addition to rear of dwelling.
Mr. Brian Neff, Engineer, was present to represent the Kotts for this application. Mr. Neff read the Explanation of Request For Special Exception, dated December 21, 2009 (on file in Land Use Office). The Commissioners looked at the Main Floor Plan, Second Floor, and Rear Elevation Drawings, titled Kott Residence, and dated December 7, 2009. Mr. Neff discussed the location of the 3-bedroom house in relation to the boundaries and the wetlands. He explained that the 8’x 8’ wood deck on the back of the house would be enclosed and the total addition would be 6’ x 22’-9” along the rear of the dwelling. The proposed addition would increase the lot coverage by 136.5 sq. ft., from 15.08% to 15.77%. Mr. Neff confirmed that this proposed plan has been approved by the Inland Wetlands Commission. The ZBA Commissioners discussed the history of the property and previous variances. Mr. Catlin stated that the ZBA approved the deck in 2007 as a means of entrance and egress as well as 2 air conditioning compressors and expressed his concern that the proposed plan does not have a form of entrance and egress and that there would be yet another request for this in the future. There was a brief discussion regarding the existing back wall and size of the rooms. Mr. Neff stated that the windows would be fixed panel windows and not sliding glass windows. Mr. Neff stated that the upstairs would only allow for the addition of a bathtub to the existing master bathroom and that the size of the bedrooms would remain unchanged.

Motion:
to close ZBA-0863 – Request of Brian Neff (Leonard & Janis Kott), 14 Wheaton Road, for Special Exception, Zoning Regulation(s) 17.5 (increasing non conformity), to enclose existing deck and construct 2-story addition to rear of dwelling,
by Mr. Snook, seconded by Ms. Roberts, by 5-0 vote.

MEETING
Mr. Sedito read the requirements for granting a Special Exception. Mr. Snook stated he was glad that the applicant had received approval from the Inland Wetlands Commission, that the proposed changes are modest and “in keeping with the necessities of a modern home” and that he did not have any serious objections to this application. Ms. Roberts stated she agreed with Mr. Snook and that she is happy that it would be on the back of the building and that it would not have a great deal of impact on the neighbors, other than during construction, and she feels that the location of wetlands on this property will not allow for further expansion and that she is in favor of this application. Ms. Leab stated that she somewhat agrees with the other Commissioners but is bothered by the fact that there is not an entrance/egress when it was previously sought and granted in 2007. She stated that the plan would have to be modified. There was a brief discussion regarding options for this. Mr. Catlin stated he was bothered by the fact that this property had come to ZBA requesting this deck as a means for entrance and egress as well as 2 air conditioning compressors and the reason it was approved by the ZBA was that the Commission felt the entrance/egress was necessary and now it is being ‘morphed’ into an addition. He stated that he does not see how this application supports Regulation 17.5.C.1, and that, in his opinion, adding to bathroom and increasing the size of living space was not increasing housing choices as it would increase the value of the house and he stated that the house was rebuilt only three years ago. He stated that he agrees that the house is small, the proposed increase is modest and the land is very difficult. Mr. Sedito that it is reasonable in scope, supports the continued use of a single family dwelling, the increase is modest and on the rear of the dwelling. Mr. Catlin stated that he did not feel that it supported 17.5.C.1. Ms. Leab stated that “just because it’s small doesn’t mean it can’t be used. Mr. Sedito stated that he was in favor of the application.

Motion:
to deny ZBA-0863 – Request of Brian Neff (Leonard & Janis Kott), 14 Wheaton Road, for Special Exception, Zoning Regulation(s) 17.5 (increasing non conformity), to enclose existing deck and construct 2-story addition to rear of dwelling by 3-2 vote.
Mr. Sedito, Ms. Roberts & Mr. Snook voted to approve.
Mr. Catlin and Ms. Leab voted to deny.

CONSIDERATION OF THE MINUTES
The Regular Meeting Minutes of December 17, 2009 were considered.
Corrections:
Page 1, Under Public Hearing – Continued, ZBA-0859, last line should read: requesting an extension.

Motion:
to approve the minutes of the December 17, 2009, regular meeting of the Washington Zoning Board of Appeals as corrected,
by Mr. Snook, seconded by Mr. Catlin, by 5-0 vote.

ELECTION OF OFFICERS
Motion:
to nominate Mr. Brad Sedito as Chairman of the Town of Washington Zoning Board of Appeals,
by Kathy Leab, seconded by Randy Snook, passed by unanimous vote.

Motion:
to nominate Ms. Polly Roberts as Vice Chairman of the Town of Washington Zoning Board of Appeals,
by Todd Catlin, seconded by Randy Snook, passed by unanimous vote.

OTHER BUSINESS/DISCRETION OF THE CHAIR
The Commissioners reviewed a Statement for Legal Services from Murtha Cullina, dated December 28, 2009. Mr. Sedito approved the invoice.

ADJOURNMENT
Motion: to adjourn at 8:05 pm by Mr. Catlin seconded by Mr. Snook.

Mr. Sedito adjourned the meeting.

Submitted subject to approval,

Shelley White
Land Use Clerk

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Meetings in 2009