The Town of Washington, Connecticut
Minutes: Zoning Board of Appeals
|
www.WashingtonCT.org The Town of Washington, Connecticut Minutes: Zoning Board of Appeals |
|
 |
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.
Jump down to: General information about the Zoning Board of Appeals
May 9 March 21 January 17 Pevious Years:
Meetings in 2012 Meetings in 2011 Meetings in 2010 Meetings in 2009 Meetings in 2008 Meetings in 2007 Meetings in 2006 Meetings in 2005 Meetings in 2004 Meetings in 2003 Meetings in 2002
Posted: May 18, 2013 May 9, 2013
Present: Polly Roberts, Todd Catlin, Kathy Leab, Rod Wyant
Alternates: Chip Wildman, Todd Peterson, Joan Kaplan
Absent: Peter Bowman
Staff: Shelley White
Also Present: Mr. Brown, Architect, Mrs. Metz, Mr. Munson, BuilderMs. Roberts, Chair, called the meeting to order at 7:30 pm.
Seated: Polly Roberts, Todd Catlin, Kathy Leab, Rod Wyant, Joan Kaplan, Alt.PUBLIC HEARING
ZBA-0943 Request of Metz, 104 River Road, for Variance, Zoning Regulation Section(s) 11.6 (Frnt Yard Setback), 12.1 (Shepaug River Setback), 12.14 (Pool Equip. Setback), 17.4b (Non Conforming Structures) to construct new covered entry and ramp, relocate and reconstruct existing shed, replace existing septic system, install pool fence, pool equipment and underground propane tank.Mr. Brown, Architect from Peter Talbot Architects, Mrs. Metz, property owner, and Mr. Munson, builder, were present to discuss and present the proposed plans for this application. The Commissioners looked at the site plan titled Metz Additions & Renovations to the Residence, sheet SP-100, by Peter Talbot AIA Architects, dated 4-18-13. Mr. Brown stated that they are proposing a new covered front entry and disabled access ramp to the existing house, which would increase the existing non-conforming front yard setback by 5 3.
Mr. Brown noted that they are proposing to repair and replace the existing non-conforming septic system and relocate and reconstruct the existing non-conforming shed that sits within the side yard setback and is located 119 7 from the river. Mr. Munson said that they are proposing to put in new septic fields and a new tank. The new location of the shed would be 185 6 from the river, which is a decrease in the non-conformity.
Mr. Brown discussed the proposed location of the buried 1,000-gallon propane tank that would be approximately 185 away from the river. He stated that they would like to avoid disturbing existing vegetation and feels that this is the best location for the tank.
Mr. Brown stated that the proposed pool fence would be located 167 from the river at its closest location and the pool equipment would be installed inside the newly located shed. He noted that this would decrease the dB level to 50dB or less at the nearest property line.
There was a brief discussion regarding the pool surround and the proposed buried utilities. Mr. Brown stated that there are plans to install air conditioners and a generator but none of these would be within any setbacks.
Mr. Brown stated that the existing house is non-conforming and they are trying to provide handicap access through the front entry and feels that the ramp at the front entry is the best solution. He noted that the 200-foot setback from the river leaves a very minimal allowable building space on the property. Mr. Brown indicated that the repair to the septic is necessary to bring it up to code. He agreed that the propane tank could be moved slightly if the Commission is uncomfortable with the proposed location. He stated that the goal was to locate it so not to destroy existing vegetation, that it was not visible from the road and yet had access to be filled from the fuel truck. Mr. Brown noted that they are proposing to locate the shed so that it is less non-conforming, would provide housing for the pool equipment and would decrease any noise pollution from the equipment as well.
It was noted that there would be a minimal amount of contouring at the edge of the driveway in order to build the garage. Mr. Brown stated that there is an existing retaining wall that would be extended in this area.
Mr. Brown confirmed that the existing roofline would not be changing except for a slight widening of the porch area above the proposed access ramp.
The Commission discussed the proposed location of the propane tank. Mr. Munson stated that it is his understanding that the tank must be located more than 15 feet away from any spark or electrical field and 12 feet away from windows.
There was a brief discussion regarding the difference between a repair and a replacement of an existing septic system.
Mr. Catlin asked why the shed could not be conforming. Ms. Roberts stated that she is not bothered by the proposed location and that the shed would be less non-conforming and a huge improvement.
There were no further questions or comments.
Motion:
to close the Public Hearing for ZBA-0943 Request of Metz, 104 River Road, for Variance, Zoning Regulation Section(s) 11.6 (Frnt Yard Setback), 12.1 (Shepaug River Setback), 12.14 (Pool Equip. Setback), 17.4b (Non Conforming Structures) to construct new covered entry and ramp, relocate and reconstruct existing shed, replace existing septic system, install pool fence, pool equipment and underground propane tank,
by Ms. Roberts, seconded by Mr. Wyant, passed by 5-0 vote.
MEETING
Ms. Leab feels that this is a very difficult lot and the proposed solutions are good. She stated that she feels the proposed plans are reasonable and a great improvement. Mr. Catlin agrees with Ms. Leab and feels that there is a very small build-able area on the lot because of the setbacks and feels that there is legitimate hardship with this application. Mr. Wyant agrees with the other commissioners he feels that everything has been located properly on this lot that has so many restrictions. Ms. Kaplan agrees with the other Commissioners. Ms. Roberts feels that there is a hardship for the entrance ramp is obvious and she does not have any problems with the proposed location of the pool fence or shed and appreciates that they would be much less non-conforming. She stated that the pool equipment within the shed should ameliorate any sound issues.Motion:
to approve ZBA-0941 Request of Metz, 104 River Road, for Variance, Zoning Regulation Section(s) 11.6 (Frnt Yard Setback), 12.1 (Shepaug River Setback), 12.14 (Pool Equip. Setback), 17.4b (Non Conforming Structures) to construct new covered entry and ramp, relocate and reconstruct existing shed, replace existing septic system, install pool fence, pool equipment and underground propane tank per site plan titled Metz Additions & Renovations to the Residence, sheet SP-100, by Peter Talbot AIA Architects, dated 4-18-13 and supporting documents in the file, passed by 5-0 vote.
OTHER BUSINESS
Consideration of the Minutes:
The Commission considered the Minutes of the March 21, 2013 regular Meeting of the Zoning Board of Appeals.Motion:
to approve the Zoning Board of Appeals Regular Meeting Minutes of March 21, 2013 as submitted
by Mr. Wyant, seconded by Ms. Roberts, passed by 5-0 vote.
Adjournment:
Motion:
to adjourn at 8:05 pm,
by Ms. Roberts, seconded by Mr. Catlin, passed by 5-0 vote.Ms. Roberts adjourned the meeting.
Submitted Subject to Approval,
Shelley White, Land Use Clerk
Posted: April 2, 2013 March 21, 2013
Present: Polly Roberts, Todd Catlin, Kathy Leab, Peter Bowman, Rod Wyant
Alternates: Chip Wildman, Todd Peterson, Joan Kaplan
Staff: Shelley White, Mike Ajello
Also Present: Ms. Curtis, Architect, Mr. Sabin, Landscape Architect, Mr. Connolly, Architect, Atty. CoploffMs. Roberts, Chair, called the meeting to order at 7:30 pm.
Seated: Polly Roberts, Todd Catlin, Kathy Leab, Peter Bowman, Rod WyantPUBLIC HEARING
ZBA-0941 Request of Karabell/Alger, 112 River Road, for Special Exception, Zoning Regulation Section(s)12.14 (Noise Generating Equipment), to install a generator more than 25 from the building principally served.
Ms. Curtis, Architect and Mr. Sabin, Landscape Architect were present to represent the property owners for this application. Ms. Curtis and the Commissioners looked at the site plan titled Alger/Karabell, sheet LA-1, by Joeb Moore Architects, dated 1-30-13 and discussed the proposed location for a generator. Ms. Curtis noted that the garage has not been built yet but they are planning on locating the generator on the side of the garage that is opposite the street side. She stated that the two walls of the insulated garage, the fencing around the generator and the earth berms with the plantings would provide sound buffering.The Commissioners, Ms. Curtis and Mr. Sabin looked at an aerial photograph of the property with a diagram showing the surrounding properties and the decibel level at the property lines. The Commission discussed the decibel levels at the property line directly across the street. Ms. Curtis stated that this diagram only shows the decibel levels without the generator against the garage because the garage has not been built. Mr. Sabin stated that there are trees and rock outcroppings to the north and east of the property that would provide additional sound buffering. He stated that locating the generator within 25-feet of the house would not provide as much sound buffering as this proposed location.
Mr. Catlin read section 12.14.5 and 12.14.3 of the Zoning Regulations.
Mr. Sabin stated that because the other areas of the property where the generator could be located are more open these areas do not provide the sound buffering that the proposed location provides and the noise would carry further.
There were no further questions or comments.
Motion:
to close the Public Hearing for ZBA-0941 Request of Karabell/Alger, 112 River Road, for Special Exception, Zoning Regulation Section(s)12.14 (Noise Generating Equipment), to install a generator more than 25 from the building principally served,
by Ms. Leab, seconded by Mr. Wyant, passed by 5-0 vote.MEETING
Ms. Leab stated that this is a very reasonable location and shows a great deal of awareness of the surrounding properties. Mr. Bowman agreed with Ms. Leab and stated that he feels that this is a very considerate location for the generator. Ms. Roberts stated that she feels the applicant substantially demonstrated that this is the best location for the generator on this property. Mr. Wyant agrees with everyone and feels that the proposed location is the best location for the generator. Mr. Catlin stated that he agrees that the applicant has proven that this is the best location for the generator and that the earth berms, buildings and plantings would provide additional sound buffering.
Motion:
to approve ZBA-0941 Request of Karabell/Alger, 112 River Road, for Special Exception, Zoning Regulation Section(s)12.14 (Noise Generating Equipment), to install a generator more than 25 from building principally served per site plan titled Alger/Karabell, sheet LA-1, by Joeb Moore Architects, dated 1-30-13 and supporting documents in the file, passed by 5-0 vote.
PUBLIC HEARING
ZBA-0942 Request of Kessler, 103 West Mountain Road, for Special Exception, Zoning Regulation Section(s) 12.14 (Noise Generating Equipment), to install generator & air conditioning condenser more than 25 from structure principally served, & pool equipment more than 50 from pool.
Mr. Connolly of Halper Owens Architects was present to represent the property owners for this application. He stated that the generator and the air conditioning units would serve the pool house. He and the Commissioners looked at the site plan titled 103 West Mountain Road, sheet Z100, by Halper Owens Architects dated 2-27-13 which indicates a 5-foot high fieldstone retaining wall around three sides of the a/c condensers and the generator as well as a 6 foot high stockade fence on the fourth side. The site plan indicates that the pool equipment is proposed to be located in a garden shed that it is 63 feet away from the pool.Ms. White verified that the Land Use Office received seven out of the ten green return receipt cards. Atty. Coploff stated that the Resnicks emailed their acknowledgement to him.
The Commissioners took a moment to look over the acoustical report performed by Brookes Acoustics Corporation, dated 3-20-13 (on file in the Land Use Office).
Mr. Connolly noted that the generator is proposed to be located 61 feet away and a/c unit located 57 feet away from the building principally served (pool house).
The Commissioners looked at the site plan.
Mr. Catlin stated that the acoustical report indicates that the generator operates at 69 decibels and with distance and placement of other materials the decibel level is significantly reduced.
Mr. Bowman asked why the equipment could not be located closer to the pool house.
Mr. Connolly stated that the area is very constrictive with the wetlands regulated setback and they wanted to locate the equipment away from the neighbors, road and other house.
Mr. Bowman stated that he did not feel that this was the best location for the generator.
There was a brief discussion regarding carbon monoxide and other possible locations that the equipment could be located.
Mr. Catlin stated that he drove out to the site and feels that this is a fairly remote location with a steep incline behind the proposed location of equipment. He feels that it would not bother any of the surrounding properties.
There were no further questions or comments.
Motion:
to close the Public Hearing for ZBA-0942 Request of Kessler, 103 West Mountain Road, for Special Exception, Zoning Regulation Section(s) 12.14 (Noise Generating Equipment), to install generator & air conditioning condenser more than 25 from structure principally served, & pool equipment more than 50 from pool,
by Mr. Catlin, seconded by Mr. Wyant, passed by 5-0 vote.MEETING
Mr. Catlin stated that he feels that this is a reasonable location and is very remote. He is satisfied with that the information provided by the acoustical report shows that the decibel level would be lower than 50 at the nearest property line. Mr. Wyant stated that he agreed with Mr. Catlin and feels that the proposed area is the best location for the equipment. Mr. Bowman stated that he has a mixed opinion on this application because he feels that there was not much effort made to put the equipment closer to the building served but does agree that it is located in a remote area and does comply with the requirements. Ms. Leab stated that she agrees with Mr. Bowman. Ms. Roberts stated that she agrees with Mr. Catlin and feels that the location is remote enough not to affect the surrounding neighbors. Mr. Catlin feels that this is the type of property that the Special Exception was written for and he does not have a problem with the pool equipment being located in a nearby shed and the a/c condenser unit next to the generator.
Motion:
to approve ZBA-0942 Request of Kessler, 103 West Mountain Road, for Special Exception, Zoning Regulation Section(s) 12.14 (Noise Generating Equipment), to install generator & air conditioning condenser more than 25 from structure principally served, & pool equipment more than 50 from pool, per site plan titled 103 West Mountain Road, sheet Z100, by Halper Owens Architects dated 2-27-13 and supporting documents in the file, passed by 5-0 vote.
OTHER BUSINESS
Seated: Roberts, Catlin, Leab, Bowman, Wyant
Consideration of the Minutes:
The Commission considered the Minutes of the January 17, 2013 regular Meeting of the Zoning Board of Appeals.
Corrections:
Page 3 under ZBA-0938 - motion: to close should read: to close the Public Hearing for ZBA 0938 Request of Sen, 116 Shearer Road, for Variance, Zoning Regulation Section(s) 11.6 (Yard Setback), to add two 20 x 28 patios, by Ms. Roberts, seconded by Mr. Wyant, passed by 5-0 vote.
Page 4 under ZBA-0939-2nd sentence should read: Mr. Szymanski, present to represent the property owners, stated that there were two addresses on the field card and the deck was applied for under the wrong address.Motion:
to approve the Zoning Board of Appeals Regular Meeting Minutes of January 17, 2013 as amended,
by Ms. Roberts, seconded by Mr. Wyant, passed by 5-0 vote.
Adjournment:
Motion:
to adjourn at 8:20 pm, by Ms. Roberts, seconded
by Mr. Wyant, passed by 5-0 voteMs. Roberts adjourned the meeting.
Submitted Subject to Approval,
Shelley White, Land Use Clerk
Posted: January 28, 2013 January 17, 2013
Present: Polly Roberts, Todd Catlin, Kathy Leab, Peter Bowman, Rod Wyant
Alternates: Chip Wildman
Absent: Joan Kaplan, Todd Peterson
Staff: Shelley White, Mike Ajello
Also Present: Mr. Harris, Mr. Studer, Mr. Mose, Architect, Mr. Szymanski, P.E. Mr. Kleinberg, Mr. CavalleroMs. Roberts, Chair, called the meeting to order at 7:30 pm.
Seated: Polly Roberts, Todd Catlin, Kathy Leab, Peter Bowman, Rod WyantPUBLIC HEARING -Continued
ZBA 0937 Request of Studer Design Associates (Harris), 193 West Shore Drive, for Variance, Zoning Regulation Section(s) 11.5.1(Increase in Lot Coverage), 11.6.1 (Side & Front Yard Setbacks), 17.4 (Increasing Nonconforming Structure), to demolish and rebuild residence.
Mr. Studer, Architect, Mr. Mose, Architect and Mr. Harris, property owner, were present to present this application. Mr. Harris stated that they have taken the Commissions comments into consideration and have revised the proposed plan. Mr. Studer noted that the revised proposed plan indicates a reduction in volume but the footprint and setbacks remain the same as the plans previously viewed by the Commission at the December 20, 2012 regular meeting of the ZBA (drawing(s) titled Layout and Grading Plan, project: New Residence, 193 West Shore Road, New Preston, CT, by Studer Design Associates, Inc., revision dated November 14, 2012, sheet LA-1). He stated that these revised plans show a decrease in the existing Nonconformity.Mr. Studer summarized the main points of the proposed plan that were discussed at last months meeting. The Commissioners looked at the revised proposed elevation drawings for Harris Residence, prepared for Mr. John Harris by J. Mose Architect, Drawing number PR-2 with a revision date of January 7, 2013. It was noted that the revised height of the roof peak is 33-feet measured from the average grade.
Mr. Mose stated that they have reduced the scale by compressing the overall mass of the roofline about 3.5-feet and explained how the interior ceiling height and the pitch of the roof were adjusted. He noted that the proposed house steps itself back with the grade of the property and that the gable lines have been reduced.
Mr. Studer stated that the average grade plane was calculated by averaging out the measurements around the total perimeter of the house. He discussed other pertinent changes that were made to the plan in order to reduce bulk such as decreasing the second floor ceiling height from 8 4 to 8. He noted that the windows in the attic are essentially decorative and are a foot above the finished floor of the attic and that the only place someone would be able to stand in the attic is along the ridge.
There was a brief discussion regarding the front porch roofline. The Commissioners looked at the floor plan drawings for Harris Residence, prepared for Mr. John Harris by J. Mose Architect, Drawing number PR-1 with a revision date of January 7, 2013. They compared the previous elevations to the revised elevations (sheet PR-2) and discussed the recalculated average grade.
Mr. Studer stated that the proposed garage floor would be 2 feet higher than the road and discussed the view from the road and the proposed landscaping.
Mr. Studer addressed Section 11.5.1 (Lot Coverage) regarding this application. He stated that this is an existing nonconforming use and any change in the nonconformity must come before the ZBA. He noted that they are not increasing the existing nonconformity; they are decreasing the lot coverage but are still over the allowable lot coverage. Mr. Studer stated that they have primarily stayed within the existing footprint except for a slight shift, which makes the proposed house more in compliance with this zone.
Mr. Studer noted that Mr. Harris does not have any plans to install a generator on the site.
Mr. Cavallero and Mr. Kleinberg, neighbors, were present. Mr. Cavallero feels that this proposed plan is an amazing improvement to what exists today.
There was a brief discussion regarding the height of other houses on the road.
There was a brief discussion regarding the proposed plantings.
There were no further questions or comments.
Motion:
to close the Public Hearing for ZBA 0937 Request of Studer Design Associates (Harris), 193 West Shore Drive, for Variance, Zoning Regulation Section(s) 11.5.1(Increase in Lot Coverage), 11.6.1 (Side & Front Yard Setbacks), 17.4 (Increasing Nonconforming Structure), to demolish and rebuild residence,
by Mr. Catlin, seconded by Ms. Leab, passed by 5-0 vote.MEETING
Mr. Catlin stated that he appreciates the amount of work that went into rethinking the plans to reduce the volume of the house and feels that significant improvements were made with the revised proposed plan. He noted that if the lot were 2 feet wider it would not be considered an interior lot and would conform to the setbacks and he is glad that they have made it less nonconforming. He stated that he is pleased that the neighbor directly behind Mr. Harriss property approves of the proposed plans.Mr. Wyant stated that he approves this revised plan and thanked the applicant for their efforts to decrease the volume of the house.
Mr. Bowman agreed with the other Commissioners and stated that the revised plan shows a notable improvement.
Mr. Leab agrees and feels that the proposed plan is very respectful to the topography of the property and Lake Waramaug.
Ms. Roberts stated that the hardship is a typically small lot on the Lake and she feels that the applicant has done a nice job of stepping the house back.
Motion:
to approve ZBA 0937 Request of Studer Design Associates (Harris), 193 West Shore Drive, for a Variance to Zoning Regulation Section(s) 11.5.1(Increase in Lot Coverage), 11.6.1 (Side & Front Yard Setbacks), 17.4 (Increasing Nonconforming Structure), to demolish and rebuild residence per Site Coverage Plan by Studer Design Associates, Inc, sheet LA-3, dated 11-9-2012, and elevation drawings titled Harris Residence by Mose Associates Architects PC, sheet PR-2 with a revision date of 1-7-2013 and other pertinent documents per file, passed by 5-0 vote.
PUBLIC HEARING Continued
ZBA 0938 Request of Sen, 116 Shearer Road, for Variance, Zoning Regulation Section(s) 11.6 (Yard Setback), to add two 20 x 28 patios.
Mr. Szymanski was present to represent the property owners for this application. He stated that he discussed the proposed plan with the property owners after the last meeting in December and they have decided that remove the proposed patio on the north side of the house from the application and are proposing a walkway constructed of field stone set in grass from the main parking area to the main entrance. Mr. Szymanski stated that the proposed patio would be approximately 1.5 above the existing grade and there would be two steps down to the patio out of the existing French door. He noted that the hardship is that the house is within the front setback.There was a brief discussion regarding the knee wall on the proposed patio and surrounding plantings. Mr. Szymanski noted that the structure, including the knee wall would not exceed 2.5 above the existing grade.
Mr. Szymanski and the Commissioners discussed setting the proposed patio back 1 foot from the faηade of the house. He indicated this changed (signed and dated) on the map titled B-100a Sanitary Disposal System Plan for Proposed Patio, prepared for Sumit Roy & Reemah Sen, by Arthur H. Howland & Associates, sheet SDP-1 with a revision date of 1-17-13.
There were no further questions or comments.
Motion:
to close the Public Hearing for ZBA 0938 Request of Sen, 116 Shearer Road, for Variance, Zoning Regulation Section(s) 11.6 (Yard Setback), to add two 20 x 28 patios,
by, seconded by Ms. Roberts, seconded by Mr. Wyant, passed by 5-0 vote.MEETING
Ms. Leab feels that the revisions make this application reasonable and she supports this application.Mr. Bowman stated that removing the north patio makes this application more palatable.
Ms. Roberts stated that the hardship is that part of this property is an antique house and is set close to the road and it makes sense to have the patio off the side with the French doors accessing it.
Mr. Wyant agrees with the other Commissioners and feels the revised plan is better and he supports it.
Mr. Catlin agrees that there is a land-based hardship being an old house located close to the road. He is pleased that the patio has been set back 1 foot and feels the proposed plantings would break up the line of the length of the patio.
Motion:
to approve ZBA 0938 Request of Sen, 116 Shearer Road, for a Variance to Zoning Regulation Section(s) 11.6 (Yard Setback), to add one 20 x 28 patio, per the B100a Sanitary Disposal System Plan Proposed Patio (with hand drawn revisions by P. Szymanski dated 1-17-2013) by Arthur H. Howland & Associates, sheet SDP.1 with a revision date of 1-17-2013 and all other pertinent documents per file, passed by 5-0 vote.
PUBLIC HEARING
Seated: Roberts, Catlin, Bowman, Wyant, WildmanZBA 0939 Request of Keating, 68 West Shore Drive, for Variance, Zoning Regulation Section(s)11.6(Setbacks), 12.1.2 (Wetlands Watercourse Setback), 17.3.a (Expansion of Non Conforming use), 17.4.a (Expansion of Non Conforming Structure), to add 59 sq. ft. to existing deck.
Ms. Roberts stated that there was a clerical error regarding the property number on the last application. Mr. Szymanski, present to represent the property owners, stated that there were two addresses on the field card and the wrong deck was applied for under the wrong address. He stated that everything remains the same except they notified additional neighbors.Motion:
to close the Public Hearing for ZBA 0939 Request of Keating, 68 West Shore Drive, for Variance, Zoning Regulation Section(s)11.6(Setbacks), 12.1.2 (Wetlands Watercourse Setback), 17.3.a (Expansion of Non Conforming use), 17.4.a (Expansion of Non Conforming Structure), to add 59 sq. ft. to existing deck,
by Ms. Leab seconded by Mr. Wyant, passed by 5-0 voteMEETING
Ms. Roberts read the following statement from Town Counsel:Motion:
This amended and corrected variance is applicable to the properties located in the Town of Washington and commonly referred to as 67 West Shore Road and 68 West Shore Road, which properties are more particularly described in deeds recorded in the Town of Washington land records at Volume 203 and Page 217 and Volume 203, Page 217 respectively andWhereas, on Thursday, November 15, 2012 the Washington Zoning Board of Appeals approved variance ZBA-0931, which variance has been filed upon the land records in the Town of Washington in Volume 203, Page 217; the variance granted on November 15, 2012, however, incorrectly stated the address of the property to which the variance applied as 67 West Shore Road.
At its meeting held on January 17, 2013, the Washington Board of Appeals took the following action to rescind the variance granted on November 15, 2012 with respect to 67 West Shore Road, which Variance was filed upon the land records of the Town of Washington in Volume 203, Page 217, and to substitute this amended and corrected variance for 68 West Shore Road as follows:
APPROVED: ZBA 0939 Amended Variance for Keating, 68 West Shore Road for variance, Zoning Regulation Section(s) 11.6 (Setbacks), 12.1.2 (Wetlands and Watercourse Setback), 17.3.a (Expansion of Non Conforming Use) and 17.4.a (Expansion of Non Conforming Structure to extend existing deck, per Proposed Site Development Plan by Arthur H. Howland & Associates, PC, sheet SD.1 with a revision date of 12-11-2012 and all pertinent documents per file, passed by 5-0 vote.
PUBLIC HEARING
Seated: Roberts, Leab, Bowman, Wyant, WildmanZBA 0940 Request of Catlin, 41 East Street, for Special Exception, Zoning Regulation Section(s) 12.14 (Noise Generating Equipment), to install generator more than 25 from building principally served.
Mr. Catlin, property owner was present. He submitted photos of the proposed location for the generator. The Commissioners and Mr. Catlin looked at the map titled Property/Boundary Survey, prepared for Todd Catlin, by T. Michael Alex, with a revision date of 12-18-12. Mr. Catlin explained that his property is very rocky and when he installed the air-conditioning system he had wiring put in for a generator but feels that this location would be too close to the house. He explained the topography of the property and stated the he feels the proposed location next to the electrical panel is the most logical. Mr. Catlin estimated the distance from the unit to his closest neighbors as approximately 1800 to the west and approximately 950 to the east. The Commissioners looked at a aerial photo of the properties (on file in the Land Use Office). Mr. Catlin stated that he spoke to the neighbors and neither had objections to the proposed location for the generator. He went over the spec. sheet and discussed the decibel levels (on file in the Land Use Office).Mr. Catlin stated that he has a land-based hardship because of the property being mostly rock and he feels that this is the best location for the generator.
There were no further questions or comments
Motion:
to close the Public Hearing for ZBA 0940 Request of Catlin, 41 East Street, for Special Exception, Zoning Regulation Section(s) 12.14 (Noise Generating Equipment), to install generator more than 25 from building principally served,
by Ms. Leab, seconded by Mr. Wyant, passed by 5-0 vote.MEETING
Mr. Wildman stated that he is in favor of this application. He stated that he has the same generator, which is very quiet, and with the distance between the neighbors they most likely would not hear anything.Ms. Leab stated that this property is all ledge and feels that this is the most logical location for the generator.
Mr. Bowman stated that he feels that this is the most reasonable location and agrees that the originally planned location that was close to the house is not a good idea.
Ms. Roberts agrees that this is the most logical place to locate the generator due to the rocky terrain and the proximity to the electric panel.
Mr. Wyant agreed with the other Commissioners.
Motion:
to approve ZBA 0940 Request of Catlin, 41 East Street, for a Special Exception, Zoning Regulation Section(s) 12.14 (Noise Generating Equipment), to install generator more than 25 from building principally served per map titled Property/Boundary Survey, prepared for Todd Catlin, by T. Michael Alex, with a revision date of 12-18-12 and all pertinent documents per file, passed by 5-0 vote.
OTHER BUSINESS
Seated: Roberts, Catlin, Leab Bowman, WyantConsideration of the Minutes:
The Commission considered the Minutes of the December 20, 2012 regular Meeting of the Zoning Board of Appeals.
Corrections:
Pg. 4 under Other Discussions: Delete 2nd sentence beginning with She stated that Mr. Catlin
Ms. Roberts stated that Ms. Hill, Land Use Administrator responded to the property owner.Motion:
to approve the Zoning Board of Appeals Regular Meeting Minutes of December 20, 2012 and as amended,
by Ms. Roberts, seconded by Mr. Wyant, passed by 5-0 vote.
Other Discussions:
Mr. Ajello. ZEO, stated that he met with the Building Official regarding the suggested regulation changes regarding generators.
Adjournment:
Motion:
to adjourn at 8:55 pm,
by Ms. Roberts, seconded by Ms. Leab, passed by 5-0 vote.Ms. Roberts adjourned the meeting.
Submitted Subject to Approval,
Shelley White, Land Use Clerk
Meetings in 2012