The Town of Washington, Connecticut
Minutes: Zoning Board of Appeals
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www.WashingtonCT.org The Town of Washington, Connecticut Minutes: Zoning Board of Appeals |
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Posted: April 30, 2008 March 20, 2008
MEMBERS PRESENT: Mr. Catlin, Mrs. Leab, Ms. Roberts, Mr. Sedito
Mr. Snook
ALTERNATE PRESENT: Mr. Wyant, Mrs. Middlebrook, Mr. Bowman
STAFF PRESENT: Ms. White
ALSO PRESENT: Mr. Harlow, Ms. Habib, Mr. Lasar, Mr. Reich, Mr. Perachi, Mr. Cullen, Mrs. Dever, Mr. Smith, Mr. Lyon, Atty. Coploff, Atty. Nolan,
Mrs. Walker, Mr. Giesen, Mr. White, Mr. Farman
Mr. Sedito called the Meeting to order at 7:35 p.m.
PUBLIC HEARING
Rumsey Hall School/200 Romford Road/#ZBZ-0801/Variance: Section 11.5.1.c: Coverage/Construct Second Dormitory and Faculty House and Extend Driveway- Public Hearing Continued
Mr. Sedito seated Members Catlin, Leab, Roberts, Sedito, and Snook. He then read the legal notice, which was published in Voices on 3/9/08 and 3/16/08. Mr. Smith, Surveyor, Ms. Habib, Business Manager, Atty. Coploff, and Mr. Farman, Head Master of Rumsey Hall School represented Rumsey Hall School. Mr. Smith presented a map of Rumsey Hall with the breakdown of coverage with specific square footage of each portion. The first map shows the breakdown of the dorm, roadway, proposed faculty house and drive. The second drawing shows the existing features and topography.
The first plan entitled Compilation Plan for ZBA Application, Proposed Ice Rink, Dormitories & Faculty House, by Smith & Company, dated February 7, 2008, Revised February 25, 2008 was presented by Mr. Smith. He noted that he took off the topography so that the drawing showed the facts for coverage, coverage tables, zoning and it would contain his certification and seal and ultimately be recorded in the land records. Mr. Sedito asked if the coverage had changed since the last meeting. Mr. Smith said the coverage remains at 13.9%. It includes dormitory #2, the loop driveway, and the faculty house behind the gym. These items are highlighted on the map to show what the current variance is for. Mr. Catlin asked if the proposed faculty house had been removed from the plans. Mr. Smith stated that in the previous meeting the ZBA had a discussion of moving the proposed faculty house to the Quad area. He explained that there are a series of water lines and two tanks that go thru the center of the Quad that cannot be disturbed. This is one of the reasons the alternate location would not be suitable for the proposed faculty house.
Mr. Sedito questioned if the drawings are showing existing grades and Mr. Smith stated that is correct. Mr. Sedito he saw 2 problematic areas. There are areas that are too steep for the driveway and trees would have to be cleared and the area would need to be filled. Ms. Habib stated that the plan shows a conceptual faculty house area which they intend to build in a year or two. Mr. Snook said that ZBA cannot approve a conceptual plan.
Mr. Sedito asked how the driveway would be done. Mr. Smith said that there would be grading on the low and cut on the high side. There is an existing septic system with a reserve area below it. This is not an area where they can put another building. The driveway will start at a 14% grade which will become a 10% grade and it will level off at the top. Mr. Sedito stated that the grade on the embankment was very steep. He asked how they would accomplish getting the filling in. Mr. Smith said that there will be a retaining wall on the low side where it will be reconfigured for 4 parking spaces and it will come up and build into the bank and it will go up to 13% grade on the high side. Mr. Snook asked what the difference of the faculty houses in terms of utility. Mr. Smith said it is just that they are smaller but they are to house faculty. Mr. Smith said that the house is conceptual and they are trying to get approval for the coverage. Mr. Sedito stated that if the ZBA approves the coverage that it is also approving the location. Ms. Leab asked when the faculty house first appeared. Mr. Farman said it first emerged as a site 8 years ago when they were planning for the gym and the performing arts center. The original plan was to have 5 free standing faculty homes and 2nd dormitory. The dorms are going to house the same amount of students, approximately. What they have changed is that they are incorporating the two faculty homes into two dormitories. They are including the same number of faculty homes that they had originally proposed. If they go to the lower campus there are the issues of set back requirements from the river and the road. Mr. Sedito said to keep in mind that there is a neighbor that is opposed to putting the faculty house on the side of the gym and is wondering, if they do approve this faculty house to begin with, why it can't be placed in the alternate spot suggested by the ZBA. This area seems to be plenty of space for the house in question. Mr. Bowman said the alternate area would be sensible because it would contribute to the Quad effect that the plans are trying to achieve. Mr. Catlin stated that there is not a question of the need for the new dorms and that the question is the location of the proposed faculty house. Mr. Farman asked for clarification, regarding the plans, with the building not exact to specifications that the proposed faculty house is almost nonexistent on the plans. Maybe they could take it off and proceed without the proposed faculty house. Mr. Smith presented an alternate plan entitled Compilation Plan for ZBA Application, Proposed Dorm No. 2 and Loop Drive, dated February 7, 2008, Revised February 25, 2008 by Smith and Company. The numbers are reduced to 13.7% coverage. Mr. Farman stated that it is increasingly difficult to find staff and keep them because they cannot afford to live in Washington. The long range plan is to provide the faculty with housing. Ms. Habib stated that they are not ready to locate it but it is attractive to the faculty to not be directly on campus. Mr. Sedito stated that the neighbor needs had to be considered and that the burden is on the representatives of Rumsey Hall School to show the hardship of relocating the proposed faculty house. Mr. Farman said that they could take the house off and go back and revisit at a later date. Mr. Sedito asked to talk about the reasoning for the 2nd dormitory. Mr. Farman stated that they plan to sell the Foothills Dorm on Sunny Ridge Road that houses 12 girls and 4 faculty apartments and move them to the campus. They will need the dorm to reduce crowding. Mr. Sedito asked if the fire department requested the circular continuation the 2nd dorm to the Hilltop area. He stated as well that it is a very steep slope and questioned if the retaining wall would be 8ft. tall. Mr. Smith showed plan entitled Topographic Overlay Compilation Plan For ZBA Application, Proposed Ice Rink, Dormitories & Faculty House, dated February 7, 2008, Revised February 25, 2008. The plans show the driveway comes in front of hilltop then up and around and they would come in off of that. The maximum height of the retaining wall would be 5 ft. from the back of the retaining wall it comes up to a 2-1 slope. The limits of clearing show the grading ties in to the existing grade. Mr. Sedito asked where the sewage will go for dorm #1. Ms. Habib said it goes to the other side. Mr. Smith said there will be an area cleared one time for the septic and the area will be allowed to grow back. Then there was a discussion about the profile of the driveway and that it meets the existing 14.1% and transitions to 7% and into the existing grade.
Mr. Sedito asked if there were any questions form the public. Attorney Nolan, representing Stephanie Fenwick, stated that his client is in the progress of negotiations that will resolve the issues she has with the plans. On her behalf Atty. Nolan asked that the ZBA withhold the approval of the variance on the basis that there is no preexisting hardship. Mr. Snook stated that busing the students onto the campus is a hardship. Mrs. Leab said that the facility that the children are in (Sunny Ridge Dorm) is too old and there is a need to consolidate the student body. Mr. Sedito read the description of a hardship from Mike Siska, The ZBA Attorney. Atty. Nolan respectfully objects on behalf of his client and Ms. Fenwick objects. Mr. Catlin read the letter from Ms. Fenwick regarding the one specific Rumsey Hall faculty house. He stated that this is the house that is being withdrawn. Mr. Sedito asked if anything needed to be added to the discussion. The public and Atty. Nolan declined.
MOTION: To close ZBA-0801 /Rumsey Hall School/Variance: Section 11.5.1.c: Coverage/Construct second dormitory and extend driveway. Proposed faculty house removed from consideration. By Mr. Catlin, seconded by Mr. Snook, and passed 5-0.
MEETING
Mr. Smith gave Mr. Sedito the plans entitled Compilation Plans for ZBA Application, Proposed Dorm No. 2 and Loop Drive, showing 13.7% coverage, dated February 7, 2008, Revised February 25, 2008, by Smith and Company. Mr. Sedito said that procedurally the application still has the faculty house. Mr. Sedito stated that he walked the property himself and his biggest concern was the driveway and the presently withdrawn faculty house. Mr. Snook said he was comfortable with the plan and believes that it is consistent with the needs of the school and he is in favor. Polly Roberts agrees and believes that the hardship is the lots are split by the road. It's obvious from the map that it would not be possible to put a building of this size on the lower campus and she is in favor. Mr. Catlin stated he is also in favor and this is a good case of hardship and it is the lot they are forced to use. Ms. Leab is in favor. She said that it is a detriment for the student body to be in an outliving area of the school and also living in a sub par facility. Mr. Sedito agrees with everyone that Rumsey Hall has shown a hardship and that it is consistent with regulations. He says it is a reasonable use of the property and the improvements they have already made. He said that the faculty house is not consistent with the plan.
MOTION: To approve ZBA-0801/Rumsey Hall School/ Variance: Section 11.5.1.c:Coverage/Construct second dormitory and extend driveway, Per site plan entitled Compilation Plan For ZBA Application, Proposed Dorm No. 2 and Loop Drive, by Smith and Company revised February 25, 2008, showing 13.7% coverage and absent of a proposed faculty house, by Mr. Sedito, seconded by Mr. Catlin, passed 5-0.
PUBLIC HEARING
Mr. Sedito seated regular members Catlin, Leab, Snook, Roberts, himself.
Town of Washington/59 East Shore Road/#ZBA-0802/Variance: Sections 17.4: Increase in Non Conformity, 11.5.1: Lot Coverage, 11.6.1.c: Setback, and 12.14: Noise Generating Equipment/ Construct Structure to House Compressor, Replace Beach House, Reconfigure Parking Lot
Mark Lyon, First Selectman for the Town of Washington, and Steven Lasar, Architect, are present to represent Town of Washington. Mr. Catlin inquired about the parking lot and boat ramp being under water. The concern of the ZBA is that they are not looking at the whole project and looking at only half of the project and either approving it, or not, will end up in having to clean up the first half of the project. Mr. Sedito asked why this has happened. Mr. Lyon said the elevation of the wall has been changed to 18" as well as the grades of the whole parking area to address the water level. The lake water was backing up through the catch basins. There was a period of heavy rain when the water level did go over the all by a few inches. The Town of Washington is working with the Town Engineer, Kevin Smith, with the parking lot and to raise the parking lot 18" and that should take care of the problem. Originally, according to Mr. Smith, the type of base was thought to be able to accommodate the water level and the occasional increase in water level. Mr. Lyon expressed his concern that the raised level would be frequent. Mr. Sedito said that the problem was in the process being rectified.
Mr. Lyon presented the site plan entitled Compressor Building for the Lake Waramaug Task Force, dated 3-8-08, Revised 3-20-08, by Stephen Lasar Architects. It was discussed as to how important the compressor is to the health of the lake. The air compressor will need to get started by June 1st at the latest. The compressor needs to be housed in a storage building which is built upon a solid foundation. Mr. Lyon stated he would like to show the drawings for the whole project. Mr. Lyon and Mr. Lasar presented the site plans. Mr. Catlin asked if it was going to mostly underground. Mr. Lasar stated that it has to be above flood level. Mr. Lyon presented a site plan entitled Elevations for the Compressor Building for the Lake Waramaug Task Force, dated 3-20-08, by Stephen Lasar Architects. Mr. Sedito asked if there was an A-2 survey of the compressor. Mr. Catlin said that the ZBA is looking for a proposal of the whole project. Mr. Sedito said that the ZBA needs the lot coverage and the percentage of increase and setbacks. Mr. Catlin and Ms. Roberts agreed. Mr. Lasar said that the plans show where the compressor building will be. Mr. Lasar stated that the old building that the compressor was in was torn down. The compressor will be the same piece of equipment housed in its own building. It is an 11x16 building and 1 story with a peak roof. He presented the drawing of the building. Mr. Lyon pointed out the new building will be much smaller than the building that previously housed the compressor. Mr. Sedito inquired about the final details of the parking lot. Mr. Catlin asked how far below grade level of the road the building would be. Mr. Lasar said the road is 700ft. and the floor of the compressor is 698 ft. and that there is 4 ft. from the end of the building to the side of the road. The building will be pushed further back from the property than the previous building. Mr. Catlin asked what the compressor uses for fuel. Mr. Lyon stated it was run by electricity. Mr. Catlin asked if there was any other location for it. There were other sites suggested and then rejected. Mr. Lyon presented a drawing with the proposed footprint and the existing footprint and said that the proposed plan would be a 2% increase. Mr. Sedito stated that the board may have enough information to approve the compressor building only at this point. Mr. Lyon presented a drawing and stated that the parking lot reconfiguration was determined by the Parks and Recreation Department records of daily use, drainage, turning radius, trying not to encroach on the beach area. Mr. Sedito asked for the purpose of the curd. Mr. Lyon the curb improves the drainage and limits the drainage into the lake. Mr. Catlin inquired what type of surface the parking lot was. Mr. Lyon said that it was paved but sediment has covered it. The plan is to repave and regrade the area. Mr. Sedito stated that the ZBA is looking at: 1. Lot Coverage, adding about 1,000 sq. ft., 2. Adding more paved surface, 3. Increasing nonconformity, 4. Modification of the cottage. Ms. Roberts asked if the new cottage would use the old foundation. Mr. Lyons said no, that it had to be raised up because of the water and it will have restrooms and dressing rooms. And the new cottage position would be shifted a little. Mr. Catlin and Mr. Sedito said that there really aren't any nonconformity issues. Mr. Sedito stated that the public hearing could be closed or keep it open and ask for more information. Discussion among the ZBA members as to whether they should approve the compressor building and withdrawal the rest at a later date that can be applied for again. Mr. Catlin asked if the compressor could be put in temporarily for the summer. Mr. Lyon said it has to be undercover because it is electric and it needs the foundation. Mr. Sedito said that it was a tough position to put the ZBA with the time constraint. Mr. Catlin is still uncomfortable with the project and not being able to see the project as a whole. Ms. Middlebrook and others of the ZBA agreed that the Town of Washington should be held to the same standards as the rest of the town when presenting its information for approval. Mr. Snook stated he thinks the drawings have enough information on the location and structure of the compressor building. Mr. Sedito asked if it was not approved tonight would revisiting it on ZBA meeting on April 17th be too late. Mr. Lasar said that there has to be a foundation as well as the electricity for the compressor which will take time. The building itself will go up quickly. Ms. Leab asked what could be done if the compressor building was not done in time and how serious the situation is. Is there anything temporary? Mr. Lasar stated the compressor is over 1,000 lbs. and it would not be able to sit outside. It is in storage now. Mr. Lyon said that they left it on the foundation of the old building after it was demolished and then a shed was built around the compressor and they ran the compressor with temporary service until the fall. It was then put in storage and the rest of the foundation was demolished. Mr. Lyon stated that there are no complaints from the neighbors as of this date. Mr. Snook said he believed that there was enough information to approve the compressor building. Ms. Roberts agrees with Mr. Catlin that the whole picture should be presented but believes that it is important to the health of the lake to get this running. Mr. Sedito asked if anyone from the public would like to comment. Mary Weber from the beach committee said they tried to make it good for the neighbors. They are stuck with the fact that they want it done before the season and that it has to be done but they don't want it to disrupt the view and the beach. The Beach Committee went thru scenarios of other places to locate the compressor. This is the only place for it. The building has to be built now. She stated that it could never be attached to a house because it makes too much noise. It would always have to be its own separate entity. Mark Lyon said that it operates 24 hours a day and it's too loud to have in a basement and they don't have the funding to build the cottage now anyway. The basement of the house would be too low as well. Mr. Lyon stated that Mr. McGowan said that a thirty day delay would affect the health of the lake. He would rather have it up in May. Mr. Sedito asked if the compressor building was going to interfere with the parking. Mr. Sedito said that this hearing could be continued to next month, or they could close the public hearing and vote on just 1 portion of the application. Mr. Catlin said that a negative for the town is that if doesn't pass that they can't resubmit for 6 months. Mr. Sedito asked if they could withdraw the cottage and the parking lot. Mr. Lyon said that they would agree to just the compressor house. Mr. Sedito said that the Town of Washington would have to reapply for the cottage and the parking lot. Ms. Leab asked Mr. Sedito if the ZBA are requiring, within the week, that there be some kind of overlay so that it is on the A-2 survey. Mr. Sedito said that the board would need a proper A-2 Survey.
MOTION: to close public hearing /59 East Shore Road/ZBA-0802/Variance: Sections 17.4: Increase in Non Conformity, 11.5.1: Lot Coverage, 11.6.1.c: Setback, and 12.14: Noise generating equipment/Construct structure to house compressor, replace house, reconfigure parking lot, by Mr. Catlin, seconded by Mr. Snook and passed 5-0.
MEETING
Mr. Sedito said that now the ZBA members are only considering the building that houses the compressor. Mr. Catlin began by stating that he was bothered but understands the urgency. He feels that the application is insufficient and they need and A-2 Survey to see the whole picture. Mr. Sedito said that he believes that they can make their approval contingent upon receiving a proper A-2 and reviewing it. Mr. Snook does not think that can be done. He believes that there is more than sufficient information to approve the compressor house from the drawings. Mr. Catlin concurs, however he states that this is a highly sensitive area and people are against it. Mr. Snook said that it is the same compressor that has been used for 10 years and no one has ever complained about it. Mr. Catlin agreed. Ms. Roberts believes that the point is well taken and that they are requesting the survey for the larger part of the project. This will provide the bigger picture of the whole project. She understands the location and the urgency and is in favor, and is comfortable with the information that has been presented. Ms. Leab believes that there is enough information she noted that the Lake Waramaug Task Force has said that this is the best location. Rather that gamble what happens to lake that it needs to be done. Mr. Snook said he believes his point has been stated. Mr. Sedito agrees that the ZBA is in a tough position and if it weren't for the time constraint that this probably would not be approved. He believes there is a significant hardship. They are dealing with setback and noise. The noise should be the same and have not been any complaints. He also would have liked to see the whole project. He believes it is the best location. Mr. Catlin asked if there is a lake setback that they need a variance. Mr. Sedito referred to the Zoning Regulations 12.1.1.b.2 which states that one municipal boat ramp and associated parking and storage structures and facilities managed and operated by the Town of Washington.
MOTION: to approve ZBA-0802 submitted by the Town of Washington for the variance of Zoning Regulations 17.4, increase in non conformity, 11.5.1, lot coverage, 11.6.1.c, setback, and 12.14, noise generating equipment, to construct a structure to house a compressor, with the provision that the Town of Washington submits an A-2 survey showing the exact location within a reasonable period of time by Mr. Sedito, seconded by Mr. Snook and passed 4-0-1 with Mr. Catlin abstaining because he would like to see the site plans for the whole project and believes the application is insufficient.
MOTION: to close the public hearing by Mr. Sedito.
PUBLIC HEARING
Mr. Sedito seated regular members, Catlin, Leab, Snook, Roberts and himself.
ZBA -0803 Request of Schein, 2 Wykeham Road, application for a variance from Zoning Regulation 11.6.1.c (side yard setback) to construct a patio. Mr. Krivicky representing Schein. Mr. Sedito stated that this variance was for more than a patio and it includes a spa. Mr. Krivicky stated that the spa would be a portable spa in order to be approved by the Health Department. Mr. Krivicky stated that it needed to be placed so that it wouldn't be seen from the road because the house is in a historical district. Mr. Snook commented that the site map was difficult to read. Mr. Catlin noted that the previous owners had been approved for a porch and the like amount was to be restored in the yard. Mr. Sedito said that a portion of the old drive was supposed to be grassed over to make up the lot coverage. Mr. Catlin read a letter from Janet Hill, Land Use Coordinator, stating that with the approval of the side porch was contingent on removal of the impervious area in front of the garage and grass it over. To this day has not been done. Mr. Krivicky stated that the current owners were unaware of this. Mr. Sedito stated that the survey doesn't make sense in that it shows a decrease in lot coverage and still includes the driveway. Ed White, 6 Parsonage Lane, asked if anything was going to be taken out or disturbed in the area and if there was going to be any excavation. Mr. Krivicky said that they were planning on taking out exposed rock. Mr. Sedito stated that they could approve the deck but not the spa. Mr. Snook asked how the spa was portable. Mr. Kriviky stated it was all contained. Mr. Catlin asked what the hardship was. Mr. Krivicky said that they couldn't place the spa closer than 25 feet of the septic, this is the only place it cannot be seen (historic district). Mr. Sedito stated that the spa was not on the application. They could feasibly approve the deck for setback. Mr. Catlin stated that there needs to be a hardship. Mr. Krivicky stated that the hardship is that the spa cannot be seen from the road because it is a historic district. Ms. Leab agrees that there is not a necessity here. Mr. Catlin believes that the survey is irrelevant. Mr. Krivicky states that there are drainage and flooding problems. Mr. Sedito explained that a hardship needs to show that because of the nature of land is it preventing reasonable use of the property. The applicant can remove the rock but they are entitled to put the patio back where it was. Mr. Sedito suggested that the applicant talk with Mike Ajello with Zoning and he would tell them if they need a variance. Members, Catlin and Leab, feel that there is no need to discuss as there is no hardship. Mr. Sedito asked if the public had any questions.
MOTION: to close ZBA-0803 request of Schein, 2 Wykeham Road, application for a variance from Zoning Regulation 11.6.1.c to construct a new patio, by Ms. Leab, and for application withdrawn.
PUBLIC HEARING
Mr. Sedito seated members, Catlin, Leab, Roberts, Snook and himself.
ZBA-0804 request of Region 12 School District, 159 School Street, application for a variance from Zoning Regulation 11.5.1(lot coverage) to install outdoor track. Mr. Harlow with the firm of Milone and MacBroom Engineering presented himself. He stated that the Region 12 School District would like to replace the 35 year old stone dust track with a 6 lane all weather surface running track with an 8 lane sprint track. Mr. Sedito stated that it almost within the lines of the existing track. Mr. Harlow said that there an emergency access road and an ADA accessible walkway has been added. Ms. Leab asked if those were required. Mr. Harlow confirmed it was a requirement. Mr. Catlin asked if it the walkway was all around the track. Mr. Harlow stated that it was but it wasn't required to go all the way around and that it will keep spectators off the track surface. Mr. Sedito asked the width of the walkway. Mr. Harlow stated 5 ft.. Mr. Sedito stated that the coverage has gone from 21.7% to 23.1%. Mr. Snook asked if there was a change in elevation. Mr. Harlow said by 1/10". Mr. Sedito asked if the drainage problem with be fixed on the right side. Mr. Harlow stated that a drainage system will be installed to protect the track. The shot put and bleacher pad are included in the coverage calculation. Mr. Sedito asked if there was and A-2 survey of all of this. Mr. Harlow said the drawing that he was presented is a T2 survey. Mr. Harlow stated the hardship is that this is a R1 District, 2. The existing track is 35 years old, 3. The CIAC will not allow Region 12 to hold home events, 4. Emergency vehicle and ADA access is required. Mr. Sedito asked if there was handicap access and bleachers. Mr. Harlow stated that there is handicap access and that a stone pad provided for bleachers in the future. Mr. Sedito asked the public for questions and comments. Mr. Grayson the owner of a property that abuts the western edge of the western side of the track. He stated that he agrees that this is needed but his concern is that there is going to be ducting for night lights. Mr. Harlow said that there is no conduit or foundations at this time for lighting. Mr. Sedito asked the public if anyone wanted to speak for or against the project. Ms. Weber said the track has to be done and it will be a good place for the community. Ms. Walker said that this has been a hardship for the children to practice on the current track. Ms. Dever said that she supports the track. Mr. Geisen said that it will keep the kids close to home and safe. Mr. Kroft was present to state his support for the project.
MOTION: to close ZBA-0804 request of Region 12 School District, 159 School Street, application for a variance from Zoning Regulation 11.5.1(lot coverage) to install outdoor track, by Mr. Snook, seconded by Mr. Catlin by 5-0 vote.
MEETING
Ms. Leab stated that this project is something that needs to be done and she is favor. Mr. Catlin said that he sees no problems and the school it needs to be brought up to standards and it is a benefit to the community, he is in favor. Ms. Roberts agrees with Mr. Catlin. Mr. Snook also agrees that it is needed and is in favor. Mr. Sedito stated that it is a moderate increase in lot coverage. Mr. Sedito said that the ZBA shouldn't just pass it because the town wants it but they have to look at it is a unique property and there is no other place to put it. He said he thinks it needs to be done and he is in favor.
MOTION: to approve ZBA-0804 request of Region 12 School District, 159 School Street, application for a variance from Zoning Regulation 11.5.1(lot coverage) to install outdoor track, by Mr. Sedito, passed by 5-0 vote.
OTHER BUSINESS
Mr. Sedito stated that the minutes from February 21st ZBA meeting and the March 20th ZBA meeting will be reviewed at the next ZBA meeting scheduled for April 24th. Ms. Leab informed the ZBA that she will be absent for the April and May ZBA meeting.
Meeting adjourned at 10:06pm.
Submitted subject to approval,
Shelley White, Land Use Clerk
REGULAR MEETING
Consideration of the Minutes
After a brief discussion it was the consensus to consider the 12/17/07 Minutes at the next meeting.
MOTION: To consider the 12/17/07 Minutes at the next meeting. By Mrs. Leab, seconded by Mr. Snook, and passed 5-0.
Communications
The Board briefly reviewed Atty. Zizka's latest invoice for court conferences for the Jacobson and Martin appeals. The Board thought it was a good idea to review legal bills at meetings prior to submitting them to the Selectmen's Office for payment.
The Ct. Federation of Planning and Zoning Commissions newsletter was circulated.
Ms. Roberts and Mr. Wyant reported on a land use seminar they had recently attended. Ms. Roberts noted that points raised there included: 1) Commissions should come up with as many reasons for the record as possible for approving or denying an application. 2) Accessory structures are not essential to the reasonable use of a property. 3) Land Use commission round tables are an effective way for commissioners to alert other Town commissions of their concerns, ideas, and actions. 4) Commissioners should be sure to understand the intent of any new regulations adopted. Ms. Roberts noted an example of this last point would be Section 12.14 of the Zoning Regulations, where the Zoning Commission requires noise generating equipment to be as close as possible to the structure served because owners will keep it operating quietly if it is kept next to their own house.
MOTION: To adjourn the meeting. By Mr. Catlin.
Mr. Sedito adjourned the meeting at 8:39 p.m.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Janet M. Hill, Land Use Coordinator
Posted: April 29, 2008 February 21, 2008
MEMBERS PRESENT: Mr. Catlin, Mrs. Leab, Ms. Roberts, Mr. Sedito
Mr. Snook
ALTERNATE PRESENT: Mr. Wyant
ALTERNATES ABSENT: Mr. Bowman, Mrs. Middlebrook
STAFF PRESENT: Mrs. Hill
ALSO PRESENT: Ms. Habib, Mr. Riefenhauser, Mr. Charles, Atty. Coploff, Atty. Knowlan, Mr. Solley,
Mrs. Frank, Mr./Mrs. Buonaiuto, Mr. McGowan,
Press
Mr. Sedito called the Meeting to order at 7:30 p.m. He noted the resignation of the Board's long time clerk, Pam Osborne, and thanked her for her excellent work. He said she had done an outstanding job and that the Board appreciated all of her efforts.
Rumsey Hall School/200 Romford Road/#ZBZ-0801/Variance: Section 11.5.1.c: Coverage/Construct Second Dormitory and Faculty House and Extend Driveway
Mr. Sedito seated Members Catlin, Leab, Roberts, Sedito, and Snook. He then read the legal notice, which was published in Voices on 2/10 and 2/17/08. Ms. Habib, Business Manager, and Mr. Riefenhauser, engineer, represented Rumsey Hall School. Mr. Catlin read the 1/29/08 letter from Mr. Farmen to the commissioners, which stated the application was for an additional 1.4% coverage over the previously approved variance for 12.6%, bringing the total proposed coverage for the Hilltop parcel to 14%. The letter stated that this was the only area available for the new buildings due to setback requirements from the Bantam River, Romford Road, and the school's existing septic fields and that there would be no increase in enrollment as a result of the new construction.
Mr. Sedito noted that Mr. Cappuccio, an adjoining property owner, had not been notified of the last variance application. Ms. Habib said that he had been notified of this application and showed evidence that he and two additional adjoining property owners had been notified this time. It was noted that Mr. Cappuccio was one of two adjoining property owners whose green certified mailing receipt card had not been returned. Mr. Sedito stated that the notice requirement had been met by the applicant.
The map, "Compilation Plan for ZBA Application," by Smith and Company, dated 2/7/08 was reviewed and Ms. Habib pointed out the location of the work in progress and the locations of the two proposed buildings.
Mrs. Leab noted that during the consideration of the previous application the Board had asked the school to talk to the Fire Dept. about the circular driveway and one way traffic. Ms. Habib stated that the Fire Marshal required the circular driveway, but said she had not asked him if having only one entrance was OK. The other commissioners agreed that the school had been asked to obtain this information before submitting the next application, although Mr. Sedito said it was more of a Zoning issue. Ms. Habib advised the Board that the existing driveway had been widened and its accessibility improved.
Ms. Roberts asked for the square footage of the footprints of each building and of the proposed new portion of driveway. Mr. Sedito noted the Board normally gets this break down of proposed coverage. Ms. Habib gave approximate figures of 1000 sq. ft. for the faculty house and 4120 sq. ft. for the dorm, which left 14,000 sq. ft. for the driveway.
Mr. Sedito asked why the proposed faculty house was not located nearer to the dorms and farther from the neighbors. Ms. Habib stated the area to the rear of the Big Top would be a more secluded spot for a faculty member and that it had already been cleared. Mr. Sedito was concerned about locating the house there because it was an area that the neighbors were sensitive about. Mrs. Leab did not think the reasons cited justified putting the house there, adding there was no hardship shown that would require it to be placed there. Mr. Snook agreed, saying there was no compelling reason not to locate the house on the driveway loop near the dorms. Mr. Sedito pointed out that doing so would reduce the coverage because less new driveway would be needed. Ms. Habib said if the Board was concerned the school could find an alternate location and it was the consensus that it should do so. Mrs. Leab said that would be the neighborly thing to do.
Mr. Riefenhauser briefly discussed how the coverage request would be reduced if the faculty house was eliminated from the application. In doing so it was noted that it was proposed on a filled area that was not shown on the map. Mr. Sedito noted that the A-2 survey should show all impervious surfaces and since this area was not shown, he was not sure whether or not it had been included in the proposed coverage calculations. He asked for more specific details about the exact existing and proposed coverage. Mrs. Leab noted the figures had to be precise. Mr. Riefenhauser agreed to supply this information.
Mr. Snook pointed out that the school had cleared the area behind the Big Top; an area it had promised to keep forested when it made its previous application. Ms. Habib did not think this had been the area of concern, but Mr. Sedito noted the neighbors had been very concerned about clearing on this hillside. Mr. Sedito and Mr. Snook thought the proposed faculty house site would be seen by concerned adjoining property owners and so recommended that every reasonable effort be made to move it. Mr. Sedito also thought it was a reasonable to request that Rumsey plant trees in the cleared area to appease the neighbors.
Mr. Catlin asked if there were any future proposals in the Master Plan that would affect the school's coverage. Ms. Habib stated that the dining hall would be rebuilt, but on the existing footprint because it is located within 200 feet of the river. She stated if the current application was approved, the Master Plan would be essentially complete.
Mr. Riefenhauser noted that Rumsey had applied for only 8.9% coverage of its total acreage, while The Gunnery had 24% coverage.
The Board discussed the procedural question of whether the application could be amended. It was noted it would be OK to withdraw any part of it and that doing so would not require renotification. It was also noted that the revised plans would have to be submitted in a timely manner so that the public would have adequate time to review them before the next meeting.
MOTION: To continue the public hearing to consider
Application #ZBA-0801 submitted by Rumsey Hall School for a variance of Zoning Regulation 11.5.1.c, lot coverage, to build a second new dormitory and faculty house and to extend the circular driveway at 200 Romford Road to Thursday, March 20, 2008 at 7:30 p.m. in the Land Use Meeting Room, Bryan Memorial Town Hall. By Mr. Catlin, seconded by Mr. Snook, and passed 5-0.
At 8:17 p.m. Mr. Sedito continued the hearing to Thursday, March 20, 2008 at 7:30 p.m. in the Land Use Meeting Room.
Town of Washington/59 East Shore Road/#ZBA-0802/Variance: Sections 17.4: Increase in Non Conformity, 11.5.1: Lot Coverage, 11.6..1.c: Setback, and 12.14: Noise Generating Equipment/ Construct Structure to House Compressor, Replace Beach House, Reconfigure Parking Lot
Mr. Sedito called the public hearing to order at 8:19 p.m. and seated Members Catlin, Leab, Roberts, Sedito, and Snook. He read the legal notice published in Voices on 2/10 and 2/17/08.
Mr. Sedito noted the only activity specified in the 1/30/08 Explanation of Request was the construction of a building to house the Lake Waramaug compressor, while the legal notice also listed the replacement of the beach house and reconfiguration of the parking lot. Mr. McGowan, Director of the Lake Waramaug Task Force who owns and operates the compressor, said he was present to apply for 136 sq. ft. of additional coverage for the compressor building. He thought the First Selectman had received such a favorable response at the public informational meeting that had recently been held that he included the two additional activities in the application. He noted, however, that he was responsible only for the compressor building.
It was noted there was no information in the file concerning the replacement of the beach house or the reconfiguration of the parking lot and that no one present was authorized to represent the Town.
Mr. Snook said there was no data in the file concerning noise generation. Mr. McGowan responded that in his reading of the Regulations, Section 12.14 applied only to residential properties or to commercial properties next to residential properties and not to the Town Beach. Mr. Sedito thought Section 12.14 applied. Ms. Roberts noted the spirit of the law was to protect the surrounding neighbors and Mrs. Leab said if the compressor was going to run 24/7 it had to be as quiet as possible. Mr. McGowan noted that the compressor had previously been housed in a building on site and that there had never been any noise complaints. In addition, the new building 1) would be insulated, 2) would be closer to the caretaker's house, and 3) would be submerged on three sides between the retaining wall and new parking lot, which would help to insulate the sound.
Mr. McGowan explained that the timing of approval was crucial because the compressor had to be installed and operating by May 15th. He said, however, that he could wait until the March meeting, but hoped if there were still outstanding questions on the beach house and parking lot at that time, that the Board would act only on the compressor building component of the application.
MOTION: To continue the public hearing to consider Application #ZBA-0802 submitted by the Town of Washington for variances of Zoning Regulations 17.4, increase in non conformity, 11.5.1, lot coverage, 11.6.1.c, setback, and 12.14, noise generating equipment, to construct a structure to house a compressor, replace the beach house, and reconfigure the parking lot at 59 East Shore Road to Thursday, March 20, 2008 in the Land Use Meeting Room - public hearings begin at 7:30: this will be the second hearing on the agenda. By Mr. Catlin, seconded by Mrs. Leab, and passed 5-0.
Mr. Sedito continued the public hearing to Thursday, March 20, 2008 in the Land Use Meeting Room; the second hearing on the agenda.
REGULAR MEETING
Consideration of the Minutes
After a brief discussion it was the consensus to consider the 12/17/07 Minutes at the next meeting.
MOTION: To consider the 12/17/07 Minutes at the next meeting. By Mrs. Leab, seconded by Mr. Snook, and passed 5-0.
Communications
The Board briefly reviewed Atty. Zizka's latest invoice for court conferences for the Jacobson and Martin appeals. The Board thought it was a good idea to review legal bills at meetings prior to submitting them to the Selectmen's Office for payment.
The Ct. Federation of Planning and Zoning Commissions newsletter was circulated.
Ms. Roberts and Mr. Wyant reported on a land use seminar they had recently attended. Ms. Roberts noted that points raised there included: 1) Commissions should come up with as many reasons for the record as possible for approving or denying an application. 2) Accessory structures are not essential to the reasonable use of a property. 3) Land Use commission round tables are an effective way for commissioners to alert other Town commissions of their concerns, ideas, and actions. 4) Commissioners should be sure to understand the intent of any new regulations adopted. Ms. Roberts noted an example of this last point would be Section 12.14 of the Zoning Regulations, where the Zoning Commission requires noise generating equipment to be as close as possible to the structure served because owners will keep it operating quietly if it is kept next to their own house.
MOTION: To adjourn the meeting. By Mr. Catlin.
Mr. Sedito adjourned the meeting at 8:39 p.m.
FILED SUBJECT TO APPROVAL
Respectfully submitted,
Janet M. Hill, Land Use Coordinator
Posted: January 6, 2008 January 17, 2008
Meeting cancelled due to no applications.
Meetings in 2007