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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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: August 27, 2010 August 19, 2010
Present: Polly Roberts, Randolph Snook, Todd Catlin
Alternates: Roderick Wyant III, Todd Peterson
Absent: Katharine Leab, Peter Bowman
Staff: Shelley White, Mike Ajello
Guests: Philip de Vries, Myles and Fran Itkin, Brian NeffChairman, Polly Roberts called the meeting to order at 7:35pm.
PUBLIC HEARING
Seated: Polly Roberts, Randy Snook, Todd Catlin, Rod Wyant, Alt and Todd Peterson Alt.
ZBA-0872 – Request of Itkin, 1 Shinar Mountain Road/155 Lower Church Hill Road, for a Special Exception, Zoning Regulation(s) 17.5 (increasing non conformity), to construct an attached garage to the main house.
Mr. Philip de Vries was present to represent Fran and Myles Itkin for this application. Mr. Catlin asked how this property was non conforming and stated that he did not think that this application meets the requirements of a Special Exception. The Commission and Mr. de Vries looked at the Property Boundary Survey, for Fran and Myles Itkin at 1 and 9 Shinar Mountain Road, by T. Michael Alex, Land Surveyor, dated June 2010. Mr. Roberts explained that the applicants might want to apply for a variance. She explained the procedure for applying for a variance and that a land based hardship needs to be proven. Mr. de Vries briefly discussed the location of the proposed garage. The Commission discussed land based hardship. Ms. Roberts suggested stated that the applicants could withdraw this application and apply for a variance and fees would be waived. Mr. de Vries submitted a letter stating they are withdrawing this application.
PUBLIC HEARING
Seated: Polly Roberts, Randy Snook, Todd Catlin, Rod Wyant, Alt and Todd Peterson Alt.
ZBA-0873 – Request of Kott, 14 Wheaton Road, for Special Exception, Zoning Regulation(s) 17.5 (increasing non conformity), to enclose 8’ x 8’ wood deck to enlarge 1st floor dining/living area and 2nd floor bathroom.
Mr. Brian Neff was present to represent Leonard and Janis Kott for this application. He briefly discussed the history of the property and noted that the Kotts submitted an application for a larger addition earlier this year, which was denied. The Commissioners and Mr. Neff looked at the Proposed Site Plan, entitled Addition to the Kott Residence, 14 Wheaton Road, by Brian Neff with a revision date of 6/28/10. He stated that enclosing the 8’ x 8’ porch would allow for more space on the first floor and additional space on the second floor that would allow for a bath tub in the master bathroom. Mr. Catlin stated that a variance was granted to this property to build the back porch with steps as a means of egress. Mr. Neff explained that a grass ramp leading to the back door of the house would be used for egress. He stated that the Inland Wetland Commission approved this, there is no increase in lot coverage, and that the existing piers for the deck would support the addition. The Commission looked at the Main Floor and Second Floor plan drawings and the Right Side from Rear View elevation drawing for the Kott Residence, by JDH, with a revision date of 6/12/10. Mr. Neff explained that the applicants need more space and are asking for a modest increase while staying within the existing footprint. The Commission looked at the Property Boundary Survey, prepared for Steven Colville, 14 Wheaton Road, dated December 2006, by T. Michael Alex. There were no further questions.Motion:
to close ZBA-0873 – Request of Kott, 14 Wheaton Road, for a Special Exception, Zoning Regulation(s) 17.5 (increasing non conformity), to enclose 8’ x 8’ deck to enlarge 1st floor dining/living area and 2nd floor bathroom
by Mr. Snook, seconded by Mr. Wyant, by 5-0 vote.
MEETING
Mr. Snook stated that he was not thrilled about another application for this property but that he feels that it does meet the requirements for a Special Exception. Mr. Catlin stated that this house was totally rebuilt and does not feel that it meets the requirements of the Special Exception. He stated that the previous variance granted to this property was for a means of egress and not for an expansion of living space. Mr. Wyant stated that he appreciates that the owner is trying to work with the regulations but questions whether or not it meets the requirements of a Special Exception. Mr. Peterson stated that it is basically a new house and he also questions whether or not it meets the requirements of a Special Exception. Ms. Roberts stated that the house if very small, and that the 8’ x 8’ addition is reasonable in scope, and she can see that there is a need for more interior space. She stated that she was satisfied that the grass ramp leading to the sliding glass door at the back of the house, which would serve as a sufficient means of egress. She stated that she feels that granting this Special Exception would further the public policy goal by promoting housing choice and supporting the continued use of a single family dwelling.
Motion:
to approve ZBA-0873 – Request of Kott, 14 Wheaton Road, for a Special Exception, Zoning Regulation(s) 17.5 (increasing non conformity), to enclose 8’ x 8’ deck to enlarge 1st floor dining/living area and 2nd floor bathroom, by 4-1.
Mr. Catlin voted against this application because he felt that the proposed plan does not comply with section 17.5.C.2.ZBA-0874 – Request of the Town of Washington, 10 Blackville Road, for Variance, Zoning Regulation(s) 11.5.1 (lot coverage), to add material stockpile area on Town Garage Property.
Ms. White read a letter from First Selectman Mark Lyon, dated August 18, 2010, requesting that this application be tabled until the next regular meeting of the Zoning Board of Appeals. The public hearing for this application will take place on September 16, 2010 in Bryan Memorial Town Hall in the Land Use Meeting Room.
Consideration of the Minutes
The minutes of July 15th, 2010 were considered.Motion:
to approve the minutes of the July 15, 2010 regular meeting of the Washington Zoning Board of Appeals as submitted,
by Ms. Roberts, seconded by Mr. Wyant, by 5-0 vote.
Other Business/Discretion of the Chair
The Commission considered a invoice from Murtha Cullina, LLP. Ms. Roberts approved the invoice for payment.Ms. Roberts discussed the Freedom of Information Act. She stated that when the Commission is forming policy all discussions among Commissioners must take place during a public meeting.
Ms. Roberts stated that she forwarded the proposed language for Section 12.14 to Janet Hill, Land Use Administrator, and that it is on the Agenda for the Regular Meeting of the Zoning Commission, which will be held on Monday, August 23, 2010 in Bryan Memorial Town Hall. Mr. Snook stated that he had been thinking about the wording of Section 12.14 and he submitted a revision. The Commissioners discussed Mr. Snook’s revision and had a brief discussion regarding the factors that are considered when measuring sound. The Commissioners and Mr. Ajello briefly discussed sound suppressive housing for generators.
Motion: to adjourn at 8:40 pm, by Ms. Roberts, seconded by Mr. Snook, by 5-0 vote.
Submitted Subject to Approval,
Shelley White, Land Use Clerk
Posted: August 10, 2010 July 15, 2010
Present: Katharine Leab, Polly Roberts, Randolph Snook, Peter Bowman
Alternates: Roderick Wyant III, Todd Peterson
Absent: Todd Catlin
Staff: Shelley White, Mike Ajello
Guests: Eliot Johnson, Marie Swanson, Paul Swanson, Vinnie Forese, Atty. Rob Fisher, Atty. Jim Kelly, Ben Nickoll, Bill Tynan, Paul Frank, Linda FrankChairman, Polly Roberts called the meeting to order at 7:32pm.
PUBLIC HEARING Continued
Seated: Polly Roberts, Katharine Leab, Randy Snook, Peter Bowman and Todd Peterson (for Todd Catlin)
ZBA-0869 – Request of Nauiokas/Harrison, 10 Loomarwick Road, for a Special Exception, Zoning Regulation(s) 17.5 (increasing non conformity), to rebuild patio on north side, construct new patio on west side of house, and construct pergola.
Mr. Eliot Johnson of West Mountain Builders was present to represent the applicants for this application. Mr. Johnson submitted the receipt and return postcard for the certified mailing to Mr. Kleinberg. The Commissioners and Mr. Johnson looked at the map entitled Septic System Feasibility Plan, for Keith Angell Residence, 10 Loomarwick Road, dated 12-15-08, by Brian Neff, Engineer. Mr. Johnson stated that he and Suzanne Von Holt, Town Sanitarian, reviewed the proposed plan and she did not have any concerns. Mr. Frank stated a well has been located near the proposed plan area and that it serves a property that is south of the 10 Loomarwick Road. Mr. Johnson stated that the applicants removed the fire pit and decreased the size of the patio by approximately 400 square feet from the proposed plan. Mr. Johnson submitted a revised elevation drawing entitled Pergola Plan and Elevations, by Consolidated Design Studios, Ltd. The Commissioners looked at the revised elevation plan and discussed the dimensions. The proposed lot coverage is reduced to 14.7% from 16.3%. Mr. Johnson stated that the grade between the finished floor and the point in the yard that the northwest corner of the patio would be located is 42 inches. He stated that there would be two steps out of the house onto the terrace and the grade would be brought up a few inches to equal approximately 2 feet. Ms. Frank stated that she was concerned about the underground water supply pipe and associated valves that comes through the property and is located approximately 15 feet off the front of the this house. She and Mr. Frank suggested that the pipe be located prior to any construction and then relocated. Ms. Roberts read the letter from the Franks, addressed to the ZBA, dated June 14, 2010(on file in Land Use Office), regarding this concern. Ms. Frank stated that this is not their primary water source but she does use it. Mr. Johnson stated that he has not located this pipe yet. The Commission agreed that the pipe should be located prior to any construction to determine that it is not within the footprint of the proposed plan and if it is, then it must be relocated. There were no additional questions or comments.Motion:
to close ZBA-0869 – Request of Nauiokas/Harrison, 10 Loomarwick Road, for a Special Exception, Zoning Regulation(s) 17.5 (increasing non conformity), to rebuild patio on north side, construct new patio on west side of house, and construct pergola
by Mr. Snook, seconded by Ms. Leab, by 5-0 vote.MEETING
Ms. Leab stated that Mr. Johnson did a great job representing his clients and bringing the ZBA the additional information that was requested at the last meeting. She read Section 17.5.C.2 and stated that she thought the pergola was too large for the house and that this proposed plan does not meet the Special Exception requirements. Mr. Bowman stated that he was in support of the reduced patio plan but was concerned with the size of the pergola and does not feel it is in scale with the house and that it is not a necessity for supporting the continued use of this house. Mr. Peterson stated that he agreed with Ms. Leab and Mr. Bowman that the pergola was too large for the house and is not a necessity. Mr. Snook stated that he did not have objections to the pergola or the patio. He stated that the house is a small summer home and this proposed plan would extend the living space with outdoor living space. Ms. Roberts stated that she was in support of this application and agreed with Mr. Snook and stated that the house is a very small summer cottage and the proposed patio and pergola would be used in the summer. She stated that she believes it does meet the requirements of Section 17.5.C.2 and would be under the 15% lot coverage requirement.Motion:
to deny ZBA-0869 – Request of Nauiokas/Harrison, 10 Loomarwick Road, for a Special Exception, Zoning Regulation(s) 17.5 (increasing non conformity), to rebuild patio on north side, construct new patio on west side of house, and construct pergola by 2-3 vote.
Ms. Leab, Mr. Bowman and Mr. Peterson voted against because they feel the proposed pergola is too large and does not comply with section 17.5.C.2.
PUBLIC HEARING
Seated: Polly Roberts, Katharine Leab, Randy Snook, Peter Bowman, Rod Wyant, Alt.
ZBA-0870 – Request of Swanson/Forese, 41 Horse Heaven Road, for Variance, Zoning Regulation(s) 11.4.5 (minimum 50’ accessway width), to allow access strip of less than 50 feet to serve an interior lot.
Atty. Robert Fisher, Mr. Forese and Ms. Swanson were present to represent this application. Atty. Fisher submitted a letter dated July 15, 2010, to the ZBA, regarding Forese – Swanson Variance Request, 41 Horse Heaven Road, which stated the history and explained the hardship that the owners face with this property regarding the accessway. Atty. Fisher explained how the Zoning Regulations have changed over the years and when the property was purchase in 1928 there was not a minimum width requirement for an accessway. He stated that when the right of way was created in 1962 it complied with the Zoning Regulations at that time. Atty. Fisher stated that Mr. Forese and Ms. Swanson would like to divide the property in order to pass it on to family and that there is no intent to subdivide the property and that the division among family would qualify as a free cut. Ms. Swanson and Mr. Forese would like to use the existing right of way for access, which has never had a specified width. Atty. Fisher stated that there should not be any impact on the neighbor’s property if there is a second house at the end of this right of way. He stated that a dwelling usually generates around 4 passes a day. Atty. Fisher stated that this property is unique and that the Town has created an impossibility for the Swanson-Forese’s with the changes in its regulations over the years. Ms. White read a letter from Mr. Chris Liotta, dated December 14, 2009 stating that the Liotta Family Trust does not oppose the Swanson-Forese’s dividing the property but they are not in favor of increasing the right of way to 50 feet because it goes through their property and they believe, would decrease the value of their property. Atty. Fisher read the Deed for the right of way that runs through the Liotta property, which grants the right to pass and re-pass for all purposes. Ms. Roberts read a portion of a letter from Atty. Mike Zizka, to Ms. Janet Hill, Land Use Administrator, dated May 11, 2010 (on file in the Land Use Office). Ms Roberts stated that the Swanson-Forese’s have explained that the hardship is that this is an interior lot that was created in 1928 with a right of way that was granted in 1962, which was before the Zoning Regulations required a 50 foot wide accessway to interior lots. She stated that the letters from neighbors do not oppose splitting the property but they are not willing to grant a 50-foot right of way.Motion:
to close ZBA-0870 – Request of Swanson/Forese, 41 Horse Heaven Road, for Variance, Zoning Regulation(s) 11.4.5 (minimum 50’ accessway width), to allow access strip of less than 50 feet to serve an interior lot,
by Mr. Snook, seconded by Mr. Wyant, by 5-0 vote.MEETING Ms. Leab stated that this is an unusual situation as this has always been an interior lot, which is a hardship, and that she is in favor of this application. Mr. Bowman stated that he agreed with Ms. Leab and the variance that is being requested is ‘perfectly reasonable’ and what is being proposed will not change the manner in which the accessway will be used as it has been in the past. He suggested that a right of way be granted to the second lot by the first lot when the property is divided. Mr. Wyant stated that he was in favor of this application and that the changes in the Zoning Regulations have created this hardship for the property owners. Mr. Snook stated that the property, as it exists now, has a house that is serviced by an accessway and he does not feel that adding another interior lot will change anything. Ms. Roberts stated that she is in favor of this application and that the hardship is the creation of a nonconforming interior lot back before Zoning Regulations required a 50-foot accessway. She stated that the applicant made an effort to work with the adjacent property owner to expand the width of the accessway and that the use of the accessway would not be much different other than a few more cars passing on a daily basis.
Motion:
to approve ZBA-0870 – Request of Swanson/Forese, 41 Horse Heaven Road, for Variance, Zoning Regulation(s) 11.4.5 (minimum 50’ accessway width), to allow access strip of less than 50 feet to serve an interior lot, by 5-0 vote.
PUBLIC HEARING
Seated: Polly Roberts, Katharine Leab, Randy Snook, Peter Bowman, Todd Peterson, Alt.
ZBA-0871 – Request of Nickoll/Armstrong, 9 Gunn Hill Road, for Special Exception, Zoning Regulation(s) 17.5 (increasing non conformity), to expand main house, terrace, barn and driveway, and add terrace behind barn.
Atty. Jim Kelly and Mr. Ben Nickoll were present to represent this application. Atty. Kelly submitted research that confirms that the property at 9 Gunn Hill Road is on the National Register of Historic Places. The Commission looked at historic photographs and present day aerial photographs of the property submitted by Atty. Kelly. Atty. Kelly stated that the Nickoll/Armstrongs own this property and the adjacent property with the old school house at 7 Gunn Hill Road. Mr. Nickoll, Atty. Kelly and the Commissioners looked at drawings entitled Project A+B, House + Barn, with a revision date of 5/23/10 for the Home of Ben Nickoll and Chrissy Armstrong, 9 Gunn Hill Road, drawing numbers T-002, T-003, T-004, Site Survey and Septic Easement Plan and Site Plan with Proposed Addition by Daniel Frisch Architect, P.C. Atty. Kelly explained that the Health Department required a septic reserve area when the property owners wanted to do some repairs to the 7 Gunn Hill Road property. This reserve septic was designed on a permanent easement that was granted from the 9 Gunn Hill Road Property as indicated on drawings T-003 and T-004. Atty. Kelly explained that the property owners would like to keep the existing timber framed kitchen, which they would reconstruct on the rear of the proposed addition. The proposed plan shows an increase of 360 sq. ft. in the front yard setback and an additional 227 sq. ft., which calculates to 16% lot coverage. Atty. Kelly stated they conservatively calculated lot coverage by taking the parcel size of 1.64 acres and subtracting the .22 acres for the septic easement, but he said he was not sure if subtracting the easement was necessary. The Commission looked at drawing T.A-001, entitled Site Photos, revision date 5/13/10, by Daniel Frisch. The photos included views of the rear of the house from the east and northeast, the courtyard and the southwest view of the front of the house. Atty. Kelly presented the Floor Plans entitled Project A- House, Cellar Construction Plan, drawing number A.A-001, 1st Floor Construction Plan, drawing A.A.-002, 2nd Floor Construction Plan, drawing A.A.-003, all with a revision date of 6/24/10, and the New Elevations, drawings A.A.-005 & A.A.-006, A.A.-007, with a revision date of 4/7/10, by Daniel Frisch Architect. Atty. Kelly stated that the proposed changes would modify the existing modest size 3-bedroom home to a 4-bedroom home. He stated that the majority of the proposed changes are at the back of the house so that it would be as far away from the front setback as possible. Atty. Kelly presented drawings A.B.-001, 1st Floor Construction Plan and A.B.-002, 2nd Floor Construction Plan, titled Project B- Barn, revision date 6/21/10, by Daniel Frisch Architect. Mr. Nickoll stated that he would like to use the addition to the barn for a home office. Atty. Kelly stated that he felt that these proposed changes meet the requirements of the Special Exception in that it allows the continued use of a non-conforming structure and lot. Ms. Roberts stated that granting an easement to provide access to the reserve septic system is not the same as granting an easement of acreage. Atty. Kelly stated that they were required by the Health Department to have this reserve septic system because of the repairs the Nickoll/Armstrongs did to the school house. Mr. Nickoll gave a brief history of the property and stated that they added heating and repaired the roof of the old school house at 7 Gunn Hill Road. Mr. Snook stated that the main house is in great condition. Ms. Roberts stated that the acreage of 1.64 should be used to calculate the proposed lot coverage and that the proposed plans are well with in the 15% requirement so the only reason for the Special Exception would be for the proposed 360 q. ft. that is within the front yard setback. Ms. White read a letter from The First Ecclesiastical Society of New Preston, dated July 12, 2010, stating that they have reviewed the plans and that they feel the proposed plans “appear to be in keeping with the appearance of the green and its surroundings.” Bill Tynan, an adjacent property owner stated that he was not protesting to the proposed plan but would like some consideration regarding times of construction. Mr. Nickoll stated that he and his family would not be living in the house during construction and he stated that he would like construction to start as soon as possible and that it would take approximately 9 months to finish. He stated that he would consider asking the contractors to work at set times of 8:30/9:00a.m. to 5:00 p.m. There were no further questions or comments from the Commissioners or the public.Motion:
to close ZBA-0871 – Request of Nickoll/Armstrong, 9 Gunn Hill Road, for Special Exception, Zoning Regulation(s) 17.5 (increasing non conformity), to expand main house, terrace, barn and driveway, and add terrace behind barn,
by Mr. Snook, seconded by Ms. Leab, by 5-0 vote.MEETING
Ms. Roberts read the public policy goals of Section 17.5.C.1.2 and Section 17.5.C.2, Special Exceptions for Nonconforming Structures and stated that she felt that the proposed plan met all of these requirements. Ms. Leab stated that this is what the Special Exception Regulation is for and that it is reasonable in scope and that the existing house is just not big enough for a family of four. Mr. Bowman stated that he agreed with Ms. Leab and that lot coverage is not an issue and that the proposed plans are sensitive to the historic location. Mr. Peterson agreed with the rest of the Commission and is glad to see a historic home preserved. Mr. Snook stated that if the renovation is done with the same level of consideration to the way the existing house has been maintained, he would not have any objections. Ms. Roberts stated that she was at the site today and that she agrees with Mr. Snook that the house has been well maintained.Motion:
to approve ZBA-0871 – Request of Nickoll/Armstrong, 9 Gunn Hill Road, for Special Exception, Zoning Regulation(s) 17.5 (increasing non conformity), to expand main house, terrace, barn and driveway, and add terrace behind barn, by 5-0 vote.Consideration of the Minutes
The minutes of June 17th, 2010 were considered.
Corrections:
Page 3:
Top of page 3 should read: Regular member Todd Catlin arrived at 8:30pm.
Under ZBA-0869, 11th sentence beginning with Mr. Bowman, should read: Mr. Bowman asked about septic location and questioned the top of the patio vs. top of the finished grade. Mr. Johnson agreed there would be a difference between the two, and after some discussion, promised to determine what the distance would be between the top of grade and top of patio and would bring this information to the next meeting.
12th sentence, should read: Mr. Johnson answered that the septic was beyond the proposed patio.Motion:
to approve the minutes of the June 17, 2010 regular meeting of the Washington Zoning Board of Appeals as amended,
by Ms. Roberts, seconded by Mr. Snook, by 5-0 vote.
Other Business/Discretion of the Chair
Ms. Roberts stated that she would like to work more on the proposed language for 12.14.5 before submitting it to the Zoning Commission. The Commission briefly discussed methods of reading decibels with meters.Motion: to adjourn at 9:35pm, by Ms. Roberts, seconded by Mr. Snook, by 5-0 vote.
Submitted Subject to approval,
Shelley White, Land Use Clerk
Posted: july 13, 2010 June 17, 2010
Present: Todd Catlin, Katharine Leab, Polly Roberts, Randolph Snook
Alternates: Peter Bowman, Roderick Wyant III, Todd Peterson
Staff: Pamela L. Osborne, Mike Ajello
Guests: Curt Smith, Dorota Habib, Michele Rummel, Elliot JohnsonVice-Chair Polly Roberts called the meeting to order at 7:30pm.
PUBLIC HEARING Continued
Seated: Polly Roberts, Katharine Leab, Randy Snook, and Alts. Roderick Wyant III, Peter Bowman
Ms. Roberts and Ms. Leab listened to the digital recording.ZBA- 0867 – Request of Rumsey Hall School, 200 Romford Road, for a Variance, Zoning Regulation(s) 11.5.1.c (lot coverage), for pedestrian walkways, salt pad and 4 storage sheds.
Curt Smith and Dorota Habib were present to represent the application. Mr. Smith submitted three new maps entitled Improvement Location Survey Showing Lot Coverage, Supplement #1 Proposed vs. As-Built Lines Improvement Location Survey Showing Lot Coverage, Supplement #2 Comparison by Colored Hatching Improvement Location Survey Showing Lot Coverage. Mr. Smith began with map Supplement #2 Colored Hatching explaining coverage areas not included in the 2-7-08 approved site plan and coverage areas included in the 2-7-08 approved site plan but not constructed, lot coverage figures show an overage of 17,779sf. The four proposed storage sheds were located on the map, near dormitory No. 2, showing increase in lot coverage of 188sf, 135sf, 188sf, and 141sf. Ms. Habib stated that the proposed storage sheds are a convenience to keep clutter from the basements of the dormitories and will be used by dormitory parents. She went on to say that the dormitory basements are used for residents’ storage, recreation and offices. The pedestrian walkways and salt pad are already constructed. Fifteen certified mail notices were sent out to property owners, fourteen were returned (Stephanie Fenwick’s notice was returned “unclaimed”). Ms. Roberts asked for questions or comments from the public. Mr. Snook reprimanded Ms. Habib that applicants must adhere to what is approved, the commission frowns on after-the-fact applications. Ms. Habib apologized and agrees; noting that this is the first instance the school has had with lot coverage issues. Mr. Smith defended his work on the project, stating that the contractor staked the area and made changes without his knowledge. Ms. Roberts asked for further questions or comments.Motion:
to close ZBA- 0867 – Request of Rumsey Hall School, 200 Romford Road, for a Variance, Zoning Regulation(s) 11.5.1.c (lot coverage), for pedestrian walkways, salt pad and 4 storage sheds
by Mr. Snook, seconded by Mr. Wyant, by 5-0 vote.MEETING
Mr. Snook stated that in totality these are significant changes, but individually they are minor. He would reluctantly approve the application. Mr. Wyant agreed the changes are minor; his concern is with access for emergency vehicles with the added walkways. Ms. Leab stated that what has been built is wrong, yet safer. She felt that there is no hardship for the addition of the sheds. Mr. Bowman agrees that there is no hardship concerning the proposed sheds, and went on to say that walkways should have been part of the initial submission for approval and it’s not right for a contractor to ignore what has been approved. Ms. Roberts calculated that the proposed sheds add 652sf in coverage, members can vote to remove them from the plan, they do not presently exist and there is no true hardship. Members agreed to strike the proposed storage sheds from the application.
Motion:
to approve ZBA- 0867 – Request of Rumsey Hall School, 200 Romford Road, for a Variance, Zoning Regulation(s) 11.5.1.c (lot coverage), for pedestrian walkways and salt pad, by 5-0 vote.
PUBLIC HEARING
Seated: Polly Roberts, Katharine Leab, Randy Snook, and Alts. Todd Peterson, Peter Bowman
ZBA-0868 – Request of 141 West Shore Road, LLC, 141 West Shore Road, for a Variance, Zoning Regulation(s) 12.1.1 (Wetlands & Watercourse setbacks), for disabled access ramp.
Michelle Rummel from Peter Talbot Architects was present to represent this application. Five out of eight notices were returned (Seligman/Harris, Kleinberg & Kleinberg/Queckenboss have not returned). Ms. Rummel read the letter of request into the record. Mr. Ajello stated that the Inland/Wetlands Commission will act on this application at their next meeting. Ms. Rummel noted that constructing the curved ramp is less intrusive to the wetlands than a traditional style ramp and other renovations to be done will be within the existing footprint of the structure. Mr. Bowmen agreed that impact will be minimal and the location is good. He verified that the lot coverage calculations included the ramp coverage. Ms. Roberts asked for questions or comments from the public and further thoughts or questions from members.Motion:
to close ZBA-0868 – Request of 141 West Shore Road, LLC, 141 West Shore Road, for a Variance, Zoning Regulation(s) 12.1.1 (Wetlands & Watercourse setbacks), for disabled access ramp
by Ms. Roberts, seconded by Ms. Leab, by 5-0 vote.MEETING
Ms. Leab felt the proposed was reasonable, essential for h/c access, sensibly done and the hardship obvious. Mr. Peterson agreed the ramp is reasonable to accommodate h/c access. Mr. Bowmen was fine with the proposal; it will blend nicely and solve the access problem. Mr. Snook agrees, it is a necessity. Ms. Roberts noted that the ramp will be on the backside, not visible from the road and lake. The applicant has done their best to keep it away from the wetlands.
Motion:
to approve ZBA-0868 – Request of 141 West Shore Road, LLC, 141 West Shore Road, for a Variance, Zoning Regulation(s) 12.1.1 (Wetlands & Watercourse setbacks), for disabled access ramp, by 5-0 vote.Regular members Todd Catlin arrived at 8:30pm.
PUBLIC HEARING
Seated: Polly Roberts, Katharine Leab, Randy Snook, Todd Catlin, and Alt. Peter Bowman
ZBA-0869 – Request of Nauiokas/Harrison, 10 Loomarwick Road, for a Special Exception, Zoning Regulation(s) 17.5 (increasing non conformity), to rebuild patio on north side, construct new patio on west side of house, and construct pergola.
Elliot Johnson of West Mountain Builders was present to represent this application. Five of seven notices were returned (Kleinberg/Quakenboss & Bergin/Hayden have not returned). Mr. Johnson began by orienting members with the existing dwelling and patio. The dwelling is 10’ off the back property line. The applicant proposes rebuilding the existing patio and adding a new patio with retaining wall, the pergola will sit on the new patio. He went on to state that the proposed new patio is oriented toward the center of the property away from property boundaries. Mr. Catlin questioned the proposed new patio/pergola as a structure. Mr. Ajello confirmed that a patio in this specific instance is in fact a structure. Mr. Ajello went on to explain the site as a land-locked lot, which has greater setbacks; it is a pre-existing old lot. There was discussion on the use of the petition for special exception. Mr. Bowman asked about septic location and was concerned with grade drop off. Mr. Johnson answered that the septic was beyond the proposed patio and they would bring grade up to the proposed patio. Members were concerned with the existing “tiny” house and amount of increased coverage for the proposed patio/pergola. Mr. Ajello referred to the property as a “family compound” the patio would be used by both the existing dwelling and adjacent cabin and would be of seasonal use. Elliot Johnson was asked to locate the septic on the survey, submit actual grade elevations for the proposed patio and renotice Kleinberg. Mr. Catlin noted the obligation ZBA has to granting a Special Exception for Nonconforming Structures under Section 17.5. Mr. Johnson submitted photos of the existing property to the record.Motion:
to continue ZBA-0869 – Request of Nauiokas/Harrison, 10 Loomarwick Road, for a Special Exception, Zoning Regulation(s) 17.5 (increasing non conformity), to rebuild patio on north side, construct new patio on west side of house, and construct pergola
by Mr. Snook, seconded by Mr. Catlin, by 5-0 vote. Motion:
to approve the minutes of the April 15, 2010 and May 13, 2010 regular meetings 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
Ms. Roberts reported that a decision was made in the Jacobson matter in favor of the ZBA, but the decision is being appealed.
Motion:
to elect Polly Roberts as Chairperson and Todd Catlin as Vice-Chairman of the Washington Zoning Board of Appeals, by Ms. Leab, seconded
by Mr. Snook, by 5-0 vote.Ms. Roberts informed members that Peter Bowman will be moving up to regular member and an alternate member needs to be appointed; the Selectmen does this.
Ms. Roberts updated members on the Forese/Swanson application, which was denied by ZBA due to a document, which was not part of the application. The applicants will reapply and fees will be waived.
Members discussed 12.14.5, various members have offered language for a special exception, work will continue via email.
Todd Catlin expressed his concern with the granting of a special exception, specifically outside living vs. inside living, he feels the regulations were meant to be narrower.
Motion:
to adjourn at 9:35pm, by Ms. Roberts, seconded by Mr. Snook, by 5-0 vote.Submitted Subject to approval,
Pamela L. Osborne, Acting Clerk
Posted: May 21, 2010 May 13, 2010
Present: Brad Sedito, Todd Catlin, Randy Snook
Alternates: Roderick Wyant III, Peter Bowman
Absent: Polly Roberts, Kathy Leab, Todd Peterson, Alt., Mike Ajello, ZEO
Staff: Shelley White
Others: Curt Smith, Land Surveyor, Dorota Habib, CFO Rumsey HallChairman, Brad Sedito called the meeting to order at 7:35 pm.
PUBLIC HEARING, Continued
Seated: Brad Sedito, Todd Catlin, Randy Snook, Rod Wyant, Alt. & Peter Bowman, Alt.
ZBA-0867 – Request of Rumsey Hall School 200 Romford Road, for a Variance, Zoning Regulations 11.5.1.c (lot coverage), for pedestrian walkways.
Ms. Dorota Habib, CFO & Business Manager of Rumsey Hall School and Mr. Curtiss Smith of Smith and Company, were present. Ms. Habib explained that during the construction process it was decided that walkways should be installed so that the students would not have to walk on the roads. She stated that they would have liked to narrow the roads to accommodate the walkways but they needed to maintain the width of the roadways to allow emergency vehicle access. Mr. Smith stated that the walkways are between 4 and 5 feet wide. The Commission, Mr. Smith and Ms. Habib looked at the map titled Improvement Location Survey Showing Lot Coverage, For Rumsey Hall School, dated March 25, 2010, by Smith & Company. Mr. Smith explained the map titled Summary – East Side of Road, no date. This map indicates that the total lot coverage is over what was previously approved, by 17,779 square feet: sidewalks = 9,837 sq. ft., salt pad = 1,313 sq. ft., proposed sheds = 752 sq. ft. and miscellaneous paved areas = 5,877 sq. ft. The Commissioners, Ms. Habib and Mr. Smith looked at the map titled Compilation Plan for ZBA Application, Proposed Ice Rink, Dormitories & Faculty House, prepared for Rumsey Hall School, dated February 7, 2008, revised February 25, 2008, by Smith & Co, Surveyors & Engineers. Mr. Smith pointed out some of the miscellaneous areas that were paved but were not part of the approved lot coverage variance in 2008. It was noted that dorm #2 was not in the location that was approved by the ZBA in 2008. Mr. Smith presented a map titled Coverage- Rumsey Land, no date. This map indicates the summary of lot coverage for the east side of Romford Road at 6.9%, the west side of Romford Road with a calculated lot coverage of 14.7% and a summary of total lot coverage for the campus at 9.7%. Mr. Catlin stated that he found that the location of dorm #2 was disturbing. Ms. Habib stated that because of the topography, the building needed to be shifted. Mr. Catlin pointed out that this is a violation of the Zoning Variance that was granted in 2008. He stated that these changes should have been approved before they were built. Mr. Smith presented an untitled map that indicates the “As Proposed” Plan and the “As built” Plan. Ms. Habib and Mr. Smith stated that the As Built calculations were started last summer. Ms. Habib confirmed that the proposed four sheds are not already in place. The Commissioners looked at the spec sheet for a 188 sq. ft garden shed. Mr. Catlin stated that it was necessary that the applicant prove that there is a land-based hardship to approve a variance for the garden sheds. The Commission agreed that the applicants should provide the Commission with an accurate survey that indicates what was approved in 2008 and what was built with all the changes calculated.Motion:
to continue the Public Hearing for ZBA-0867 - Request of Rumsey Hall School 200 Romford Road, for a Variance, Zoning Regulations 11.5.1.c (lot coverage), for pedestrian walkways, salt pad, and 4 storage sheds
by Mr. Catlin, seconded by Mr. Wyant, by 5-0 vote
CONSIDERATION OF THE MINUTES
The Commission agreed to table the Regular Meeting Minutes of April 15, 2010 until the next meeting.Motion:
to table the Consideration of the Minutes of the April 15, 2010, regular meeting of the Washington Zoning Board of Appeals until the June 17, 2010 regular meeting of the Washington Zoning Board of Appeals,
by Mr. Sedito, seconded by Mr. Catlin, by 5-0 vote.
OTHER BUSINESS
Mr. Sedito announced that he was stepping down as Chairman of the Zoning Board of Appeals. The Commissioners thanked Mr. Sedito for his 19 years of service.
ADJOURNMENT
Motion: to adjourn at 8:05 pm, by Mr. Sedito, seconded by Mr. Catlin.Mr. Sedito adjourned the meeting.
Submitted subject to approval,
Shelley White, Land Use Clerk
Posted: April 23, 2010 April 15, 2010
Present: Polly Roberts, Kathy Leab, Todd Catlin
Alternates: Roderick Wyant III, Todd Peterson, Peter Bowman
Absent: Brad Sedito, Randolph Snook
Staff: Mike Ajello, ZEO, Shelley White
Others: Curt Smith, Land Surveyor, Bob Powell, Architect, Bob Ullram, Marie Swanson, Vinnie ForeseVice-Chairman, Polly Roberts called the meeting to order at 7:35 pm.
PUBLIC HEARING
Mr. Wyant recused himself.
Seated: Polly Roberts, Kathy Leab, Todd Catlin, Peter Bowman, Alt. & Todd Peterson, Alt.
ZBA-0864 - Request of The Gunnery, Inc., 99 Green Hill Road, for Variance, Zoning Regulation(s) 11.5.1.c (lot coverage), to add stone terrace to Schoolhouse Building.
Ms. Roberts read the legal notice published in Voices on April 4, and April 11, 2010. Ms. White stated that 19 notices were sent out to the surrounding property owners and the Land Use Office received 19 return cards. Mr. Bob Ullram, Business Manager of the The Gunnery, Inc. introduced himself and gave a brief description of why they would like to update the building. Mr. Curt Smith, Land Surveyor, from Smith and Company discussed the location of the Schoolhouse Building. The Commissioners and Mr. Smith looked at the map titled The Gunnery, Schoolhouse Addition Site Plan For ZBA, and the map titled The Gunnery Schoolhouse Addition, Summary of Coverage, both dated February 19, 2010 by Smith and Company. Mr. Smith explained the location of the terrace and small addition as well as the pathways that will be converted to pervious pavers. He explained that the small addition and terrace to the Schoolhouse Building would result in an increase of lot coverage of 1,025 square feet that would be offset by a conversion of 1,025 square feet of paved walkways to pervious walkways. Mr. Powell, Architect, stated that the building would be used for additional classrooms and additional space for the library. He stated the proposed walkway and vestibule would be ADA compliant and the proposed elevator would allow handicap access to the second floor. The Commissioners looked at the Proposed 1st Floor Plan and Proposed 2nd Floor Plan, titled School House Renovations, The Gunnery, drawing number A-2, dated 10/28/09, by Wieber, Powell and Grunigen Inc. Mr. Powell stated that the north side vestibule and terrace is approximately a 1,000 sq. ft. footprint and the south side addition is also approximately a 1,000 sq. ft footprint. Mr. Ullram stated that the pervious pavers installed 2 years ago have stayed in place perfectly. Mr. Smith distributed a handout titled Jordan Cove Urban Watershed Project, Glen Brook Green Subdivision, Waterford, CT, Uni Eco Stone Case Study. The Commissioners reviewed the Summary of Coverage. Mr. Smith explained where the pervious pavers would replace existing paved walkways. Mr. Powell stated that the Historic District Commission has approved the proposed addition. He stated that much needed classrooms would be lost if they had to put the elevator in the existing building and that the addition allows for the whole building and both front and rear entrances to be ADA compliant as well as sufficient space for the elevator and two additional classrooms. He stated the existing entry is not ADA compliant.Motion:
to close ZBA-0864 - Request of The Gunnery, Inc., 99 Green Hill Road, for Variance, Zoning Regulation 11.5.1.c (lot coverage), to add stone terrace to Schoolhouse Building,
by Ms. Leab, seconded by Mr. Catlin, by 5-0 vote.
MEETING
Ms. Leab stated the hardship is that no matter where The Gunnery decides to add on it will be over the lot coverage limit. She stated that this seems to be the best solution to the problem and she approves the proposed plan. Mr. Bowman stated that he thought the terrace and vestibule would provide adequate space for handicap access and more than just a means of entering and exiting the building and that he was in favor of this application. Mr. Catlin stated that he is favor of this application and feels that it is important that The Gunnery is renovating the Schoolhouse to make it ADA compliant. He stated that normally the ZBA does not allow switching coverage of one item for another, however, it is a modest addition that is in keeping with the architecture. He stated that he thought it was great that The Gunnery has found that there are no problems with the pervious pavers and that they will be using more of them for their walkways. Mr. Peterson agreed with Ms. Leab and Mr. Catlin. He stated that he is glad to see that they will be using the pervious pavers, he stated that he thinks the addition is in keeping with the character of the original building and that he is favor of this application. Ms. Roberts stated that she agreed with the other Commissioners. She stated that she would like to reiterate that the ZBA does not generally trade coverage but that she thinks that the pervious pavers ameliorate the issues with runoff. She stated that the addition is modest and the terrace addresses ADA requirements and that she is in favor of this application.
Motion:
to approve ZBA-0864 - Request of The Gunnery, Inc., 99 Green Hill Road, for Variance, Zoning Regulation 11.5.1.c (lot coverage), to add stone terrace and small addition to Schoolhouse Building for a net increase in coverage of 1,025 square feet,
by 5-0 vote.
PUBLIC HEARING
Mr. Catlin recused himself.
Seated: Polly Roberts, Kathy Leab, Peter Bowman, Alt., Todd Peterson, Alt., & Rod Wyant, Alt.
ZBA-0866 – Request of Swanson/Forese, 41 Horse Heaven Road, for Variance, Zoning Regulation(s) 11.4.5 (requires up to 50’ access way width), to allow access strip of less than 50 feet to serve an interior lot.
Ms. Roberts read the legal notice published in Voices on April 4, and April 11, 2010. Ms. White stated that four notices were sent out to neighboring property owners and that the Land Use Office received all four return postcards. Ms. Marie Swanson and Mr. Vinnie Forese were present. The Commissioners and applicants looked at the Property/Boundary Survey, prepared for Marie Swanson and Vincent Forese, 41 Horse Heaven Road, dated January 2010, by Mr. T. Michael Alex, Surveyor. Ms. Roberts stated that the property is accessed from a driveway that runs through the property owned by the Liotta Family Trust at 43 Horse Heaven. Ms. Swanson stated that Parcel ‘A’ already has a house on it and they would like the option to build a house on Parcel ‘B’. Mr. Forese stated that there is an existing right of way that runs through the property of Yolanda C. Joseph. Ms. Roberts stated that the property owners were seeking a variance for the required width of the access way because neither neighbors would grant the Swanson/Forese’s an easement to make either possible access ways 50 ft. wide. Ms. White read a statement from Mr. James Palomba, 248 Woodbury Road, dated April 14, 2010, stating that he had no objections to application ZBA-0866. Ms. White read a letter from Mr. Chris Liotta, Trustee for the Liotta Family Trust, 43 Horse Heaven Road, dated December 14, 2009, that stated they were not in favor of increasing the width of the right of way but they were in favor of the plan to subdivide the property. Ms. White read an email sent from Antony Sheriff (power of Atty. For Yolanda Joseph), dated April 15, 2010, which states that Ms. Joseph does not support this application. Ms. White read a letter from Mr. William Freer of 246 Woodbury Road, dated December 9, 2009 and a letter from William and Dale Genovese of 31 Horse Heaven Road, dated December 11, 2009, both stating that they had no objections to this application. Ms. Roberts, Ms. Swanson and Mr. Forese discussed the history of the property, deeds and right of ways. In a letter from Atty. Mike Zizka, dated March 8, 2010, to Janet Hill, Land Use Administrator, regarding the Forese- Swanson Application, he stated that the “lot may not lawfully be divided as proposed” (on file in Land Use Office). Ms. Roberts stated that Atty. Zizka said ‘no’ based on the way the Town of Washington’s Zoning Regulations are written, which requires a 50 foot wide right of way. She stated that the 50-foot width is a ‘patch’ of land and that the driveway itself does not need to be 50 feet wide. She stated that she feels the applicants should go to the Zoning Commission and ask for clarification of the intent of Regulation 11.4.5. Ms. Roberts stated that the 50-foot width is normally the width that is required for a road into a sub development. She stated that the ZBA grants variances for some of the Zoning Regulations when possible, and that these variances are permanent records that come with the land. She stated that Regulation 11.4.5 is strict. The Commission and the applicants discussed revisions and when the most recent revision to this regulation was put in effect approximately 10 years ago. Mr. Forese asked if it was still possible to put another house on the property. The Commission discussed the possibilities of building another structure. Ms. Roberts stated that when the ZBA receives “very specific legal counsel, we serve the Town better by respecting that legal counsel.” She stated that it seems that the applicant’s neighbors feel that granting an easement to allow a 50-foot access way would have a negative impact on the value of their properties. She recommended that they go back to the neighbors and explain that a 50-foot wide driveway is not necessary. Mr. Ajello explained that granting an easement to allow a 50- foot access way could hinder Ms. Joseph’s property to be subdivided in the future, but Mr. Liotta may not have enough property to sub divide. Mr. Ajello explained the Zoning Amendment process to the applicants. There were no further questions from the Commission or the public.Motion:
to close ZBA-0866 – Request of Swanson/Forese, 41 Horse Heaven Road, for Variance, Zoning Regulation(s) 11.4.5 (up to 50’ access way width), to allow access strip of less than 50 feet to serve an interior lot,
by Ms. Leab, seconded by Mr. Bowman, by 5-0 vote
MEETING
Ms. Leab stated that the Regulation does not allow this. Mr. Bowman agreed with Ms. Leab. Mr. Peterson stated the best situation would be if the neighbors could work this out. He stated that he sympathizes with the applicant but there are liabilities to consider. Mr. Wyant stated that the applicants’ families have owned the property for 80 years and he feels that it is too bad that the neighbors could not be more cooperative. Ms. Roberts stated that she agreed with the other Commissioners and that this is unfortunate for the applicants but the Commission must consider the Zoning Regulations and Atty. Zizka’s advice.
Motion:
to deny ZBA-0866 – Request of Swanson/Forese, 41 Horse Heaven Road, for Variance, Zoning Regulation(s) 11.4.5 (up to 50’ access way width), to allow access strip of less than 50 feet to serve an interior lot,
Ms. Leab, Ms. Roberts, Mr. Bowman, and Mr. Peterson voted to deny, Mr. Wyant voted to approve, by 4-1 vote.
PUBLIC HEARING
ZBA-0867 – Request of Rumsey Hall School 200 Romford Road, for a Variance, Zoning Regulations 11.5.1.c (lot coverage), for pedestrian walkways.
Ms. White read a letter to the ZBA, dated April 14, 2010, from Dorota Habib, CFO & Business Manager of Rumsey Hall School, requesting a continuance.Motion:
to continue the Public Hearing for ZBA-0867 - Request of Rumsey Hall School 200 Romford Road, for a Variance, Zoning Regulations 11.5.1.c (lot coverage), for pedestrian walkways, salt pad, and 4 storage sheds
by Ms. Roberts, seconded by Mr. Wyant, by 5-0 vote
CONSIDERATION OF THE MINUTES
The Regular Meeting Minutes of March 18, 2010 were considered.
Motion:
to approve the minutes of the March 18, 2010, regular meeting of the Washington Zoning Board of Appeals as submitted,
by Ms. Roberts, seconded by Ms. Leab, by 5-0 vote.
ADJOURNMENT
Motion:
to adjourn at 8:26 pm,
by Ms. Roberts, seconded by Ms. Leab.Ms. Roberts adjourned the meeting.
Submitted subject to approval,
Shelley White
Land Use Clerk
Posted: April 1, 2010 March 18, 2010
Present: Polly Roberts, Kathy Leab
Alternates: Roderick Wyant III, Todd Peterson, Peter Bowman
Absent: Brad Sedito, Randolph Snook, Todd Catlin
Staff: Mike Ajello, ZEO, Shelley White
Others: Dirk Sabin, Landscape Architect, Members of the Board of Hollister HouseVice Chairman, Polly Roberts called the meeting to order at 7:32 pm.
PUBLIC HEARING
Seated: Polly Roberts, Kathy Leab, Peter Bowman, Alt. & Todd Peterson, Alt.
ZBA-0864 - Request of The Gunnery, Inc., 99 Green Hill Road, for Variance, Zoning Regulation(s) 11.5.1.c (lot coverage), to add stone terrace to Schoolhouse Building.
Ms. White read a copy of an email from Curtiss B. Smith of Smith & Company, dated 3/18/10, to Mr. Ajello, ZEO, requesting that the hearing be continued to the next ZBA Meeting on April 22, 2010Motion:
to continue ZBA-0864 - Request of The Gunnery, Inc., 99 Green Hill Road, for Variance, Zoning Regulation 11.5.1.c (lot coverage), to add stone terrace to Schoolhouse Building,
by Ms. Roberts, seconded by Ms. Leab, by 4-0 vote.
PUBLIC HEARING
Seated: Polly Roberts, Kathy Leab, Peter Bowman, Alt., Todd Peterson, Alt., & Rod Wyant, Alt.
ZBA-0865 – Request of George Schoellkopf, 300 Nettleton Hollow Road, for Variance, Zoning Regulation(s) 11.6.1.c (front yard setback), to recreate historic outbuilding/barn.
Mr. Dirk Sabin, Landscape Architect was present to represent Mr. George Schoellkopf. Members of the Board of Hollister House were also present in support of this application. Mr. Sabin read a letter from Mr. Schoellkopf to the Town of Washington ZBA, dated March 18, 2010 (on file in the Land Use Office), explaining the request for this variance. Mr. Sabin read a letter from Mr. Jay Combs, of Washington Supply, dated March 16, 2010 to the ZBA (on file in the Land Use Office), stating that they support Mr. Schoellkopf’s application. Mr. Sabin presented the Property/Boundary Survey, by T. Michael Alex, prepared for Hollister House Garden, The Garden Conservancy, 300 Nettleton Hollow Road, dated March 2009 and he explained the topography of the property. He stated that the property is recognized by the State, received Town Landmark Designation at the last Zoning Meeting held on February 22nd and is in the process of being listed on the National Registration of Historic Places. Mr. Sabin presented elevation and floor plans, titled Recreated Outbuilding Barn, at Hollister House, dated March 18, 2010. He discussed the elevations, floor plan and ADA access. He submitted a copy of a photograph of the homestead, circa 1900, indicating that there was a building in this location at that time. Mr. Sabin stated that the existing structures are pre-existing non conforming and explained that this would be the most logical location for public bathrooms because there are steep slopes on the other side of the driveway and meeting the front setback would place the proposed accessory building in the center of the existing driveway and parking area. He stated the Health Department has approved a tie in to the existing septic system and that this location would allow for the bathroom to be ADA compliant. Mr. Sabin stated locating the bathrooms at another location on the property would require them to remove specimen trees which would not be preserving and improving this historic property. Mr. Sabin explained that if the existing garage where to be used that an existing specimen magnolia tree would have to be removed and the topography is a bit steeper at that location. He explained that the current driveway could accommodate up to 12 cars and that people park on the side of the road during the two larger events that occur at the Hollister House. He stated that a long-term plan for parking has been discussed but is not necessary at this time. Mr. Sabin stated that nothing exists from the building indicated in the photograph and the only evidence that it existed is the photograph itself.Motion:
to close ZBA-0865 – Request of George Schoellkopf, 300 Nettleton Hollow Road, for Variance, Zoning Regulation(s) 11.6.1.c (front yard setback), to recreate historic outbuilding/barn,
by Ms. Leab, seconded by Mr. Wyant, by 5-0 vote.
MEETING
Ms. Leab stated that the property becomes very steep beyond the driveway and that this seems to be the best location for this building. She stated since it is no longer a private residence it needs to consider ADA requirements. She stated that she was in favor of the application. Mr. Bowman stated that he thought this was the best location for the bathrooms and that it would have limited impact on the property and that he was in favor of this application. Mr. Wyant agreed that this was the perfect location for this building because of the topography and that it does not impact the historical value of the property. Mr. Peterson stated that he agreed that there are topographical issues and this is the most reasonable solution and that he is in favor of this application. Ms. Roberts stated that she agreed with everyone and because of the topographical difficulties it is the most logical location for this structure.
Motion:
to approve ZBA-0865 – Request of George Schoellkopf, 300 Nettleton Hollow Road, for Variance, Zoning Regulation(s) 11.6.1.c (front yard setback), to recreate historic outbuilding/barn,
passed by 5-0 vote.
CONSIDERATION OF THE MINUTES
The Regular Meeting Minutes of February 18, 2010 were considered.
Corrections:
Page 1: Under Public Hearing for ZBA-0859:
2nd sentence should read: They presented the existing & proposed floor plans for first and second floors, an existing an proposed elevation drawing of the north side (lake side), photos of all four sides of the existing building, and an updated A-2 survey including the existing patio.
Under Meeting for ZBA-0859: 7th sentence should read:
He stated that inaccurate north/front elevation drawings were submitted and that approval would be subject to the applicant submitting accurate drawings of the north/front elevation before being submitted to Zoning.
Note: the submitted elevation drawings were labeled incorrectly as south/front)Page 2:
Under Motion:
to approve ZBA-0859 should read:
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 with the requirement that a corrected architectural drawing of the north elevation be submitted for the record, passed by 5-0Motion:
to approve the minutes of the February 18, 2010, regular meeting of the Washington Zoning Board of Appeals as amended,
by Ms. Roberts, seconded by Mr. Wyant, by 5-0 vote
ADJOURNMENT
Motion: to approve adjourn at 8:50 pm,
by Ms. Leab, seconded by Ms. Roberts.Ms. Roberts adjourned the meeting.
Submitted subject to approval, Shelley White
Land Use Clerk
Posted: April 1, 2010 February 18, 2010
Present: Brad Sedito, Randy Snook, Polly Roberts, Todd Catlin, Kathy Leab
Alternates: Roderick Wyant III, Todd Peterson,
Absent: Peter Bowman
Staff: Mike Ajello, ZEO, Shelley White
Others: Richard and Carolyn JenningsChairman Brad Sedito called the meeting to order at 7:30 pm.
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.
Mr. Richard and Ms. Carolyn Jennings were present to represent the property owners, Mr. Seligman and Ms. Harris. They presented the existing & proposed floor plans for first and second floors, an existing an proposed elevation drawing of the south side (lake side), photos of all four sides of the existing building, and an updated A-2 survey including the existing patio. Mr. Jennings stated that there would be a 220 sq. ft. increase to the dwelling. There was a discussion regarding the intersecting gable roof. The commissioners looked at Elevation 3, Drawing number X03.00, 2nd Floor Plan, drawing number X04.00 and South Elevation/Front Elevation by AENA Architects, for Seligman Residence, dated 10/13/09. The Commissioners noticed an inconsistency with the Front Elevation drawing. The Commission came to the conclusion that the other drawings contained accurate measurements from which the proposed additions could be built and requested that a corrected South/Front Elevation Drawing be submitted as a condition of approval.Motion:
to close 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 Ms. Leab, by 5-0 vote.
MEETING
Mr. Catlin stated that he felt the addition was modest and that it supported the continued use of an existing building. He stated that the approval should be contingent upon the submission of a correct architectural drawing of the South/Front Elevation for the Land Use records. Ms. Leab agreed with Mr. Catlin. Ms. Roberts stated that she agreed with Mr. Catlin and that the work is being done to the rear of the house and would have no impact to the lake. Mr. Snook stated that it was not a major renovation. Mr. Sedito stated that he feels that it supports the continued use of a family dwelling and the proposed addition is a modest in scope. He stated that inaccurate south/front elevation drawings were submitted and that approval would be subject to the applicant submitting accurate drawings of the south/front elevation before being submitted to Zoning.
Motion:
to approve 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 with the requirement that a corrected architectural drawing of the south elevation be submitted for the record,
passed by 5-0 vote
CONSIDERATION OF THE MINUTES
The Regular Meeting Minutes of January 21, 2010 were considered.
Motion:
to approve the minutes of the January 21, 2010, regular meeting of the Washington Zoning Board of Appeals as submitted,
by Ms. Roberts, 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.
Mr. Peter Duncan was present and he submitted a revised A-2 Survey titled Property/Boundary Survey, by T. Michael Alex, Land Surveyor, prepared for Peter Duncan, 15 New Preston Hill Road, dated February 2010. Mr. Sedito stated that one of the concerns was that a carport was attached to the existing shed and the only access to that carport was the neighbor’s driveway. Mr. Duncan stated he has been using the driveway for 17 years and that Mr. Becotte, owner of the driveway, has granted him permission to use the driveway and Mr. Becotte has offered to provide a written statement if requested by the ZBA. There was a discussion regarding a legal right of way. The Commissioners looked at the Property/Boundary Survey. Mr. Duncan stated that he built the wood shed 8 years ago and the carport was built in August of 2009. He stated that he did not have a reason to build with out a permit. The Commissioners and Mr. Duncan discussed the drainage issues. Mr. Duncan stated his well is under the house, there are footing drains around his foundation that drain out into the yard and there has always been a drainage issue in this area because the water comes down the hill and collects at the bottom. Mr. Duncan stated that he and his neighbors have discussed ways to resolve the drainage issues in the area. The Commission agreed that both additions to the shed have dirt floors and did not make the drainage situation worse. Mr. Sedito read Ms. Julie Adam’s addendum, dated 2/17/10, to her letter to the ZBA, dated 12/16/09. Mr. Duncan stated that the shed floor would not support a car and the structure would have to be extensively modified to use it to store a vehicle and that he uses the barn for woodworking and to store chemicals. The shed attached to the southeast side of the barn is open on 3 sides, was added 8 years ago and is used to store wood for woodworking. He stated the 11’2” x 21’10” shed is open on three sides and is attached to the north side of the barn and is used as a carport for his vehicle and plow since there is not a garage on the property. There was a discussion regarding State Statute Section 8-13a Nonconforming Buildings and Land Uses. It was the consensus of the Commission that the shed on the southeast portion of the barn was a preexisting nonconforming structure. Mr. Duncan submitted a note to withdraw his request for a variance for the southeast shed.Motion:
to close 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 11’2’ x 21’10” shed to north side of the existing barn, by Mr. Snook, seconded by Mr. Wyant, by 5-0 vote.
MEETING
Mr. Catlin stated that the carport is modest, located in the least offensive spot on this small, complicated property and that a garage is necessary for this climate and for storage. He stated that he has taken into account the neighbor’s concerns and that the property and it is not uncommon to have a shared driveway in a tiny village. He stated that he would have liked to see this come before the ZBA before it was built. Mr. Snook stated that he also feels that a carport or garage is necessary for this area, and that it is safer to store chemicals away from the house. He feels it does not add to the drainage problem in the area. Mr. Wyant stated that he feels it is necessary to have storage for a vehicle and chemicals. Mr. Peterson stated that he agreed that the drainage issue was not relevant, that there was a land based hardship, and it was necessary to be able to store things under cover and away from the elements. Mr. Sedito stated that historically, lack of a garage was not considered a hardship, but in the last 10-20 years courts have ruled in favor of garages being a necessary part of a single-family dwelling. He stated that the increase in lot coverage is minimal and that Mr. Duncan could have proposed a more extensive project that would have caused more impact to the land and the existing carport has minimal impact and was added to an existing structure. Mr. Sedito stated that it is unfortunate that the property owner does not have legal access and it may cause problems in the future when either property is sold. He stated that the drainage issues that were brought up in Ms. Adams letter do not seem to be related to the structures. The Commission recommended that the neighbors continue to work together to address the drainage issues in the area.
Motion:
to approve 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 11’2’ x 21’10” shed to north side of the existing barn,
passed by 5-0 vote
OTHER BUSINESS/DISCRETION OF THE CHAIR
Mr. Sedito stated that he would discuss the possible revision of the Zoning Regulations/Section 12.14 Re: Special Exceptions for Generators and Other Noise Generating Equipment with David Owen at the meeting with the Land Use Commission Chairs and Board of Selectman on Thursday, February 25.
ADJOURNMENT
Motion: to adjourn at 8:50 pm by Mr. Snook, seconded by Mr. Catlin.Mr. Sedito adjourned the meeting.
Submitted subject to approval,
Shelley White
Land Use Clerk
Posted: January 24, 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 NeffChairman, 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, 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.
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
Meetings in 2009