MINUTES OF A REGULAR MEETING OF THE CORNWALL
ZONING BOARD OF APPEALS HELD ON SEPTEMBER 22, 2008
Presiding chairman Joanne Wojtusiak called the Regular Meeting of the Cornwall Zoning Board of Appeals to order at 7:34 PM on Monday, September 22, 2008 in the Cornwall Town Hall. Present were: Presiding chairman Joanne Wojtusiak, Nancy Calhoun (In 7:50pm), Hanna Grossman, Ann Schillinger, Virginia Potter and alternates Priscilla Miller and James Levy. Also present was Land Use administrator Karen Griswold Nelson.
PUBLIC HEARINGS:
Appeal #315 – Jared Stein applicant/Michael Pope Owner – Variance from Article IV for relief from minimum side setback for the construction of an enclosed deck on an existing single family residence – 66 Cornwall Hollow Road.
The entire proceedings were recorded on audio tape and are available in Town Hall.
The legal notice for the public hearing(s) as published in the Waterbury Republican on September 11 and September 18, 2008 was read into the record by staff.
The floor was opened to the applicant’s representative for his presentation.
Jared Stein addressed the addition of an screened porch to the single family residence that upon, investigation in the form of an A-2 As-built survey requested by the Land Use Office, had been mistakenly constructed with one corner intruding into the 50 foot side yard by 1 &1/2 feet. Mr. Stein stated that had they (the contractors) been aware of the matter, the enclosed structure would have been reduced in size and constructed 2 feet smaller (14’ x 14’ instead of 14’ x 16’)
Land Use administrator gave a history of the site development for the existing residence, referencing documents in the record of the construction of the single family residence that showed that the siting of the house had been slightly altered during the construction process. Griswold Nelson referenced conversations with Land Use and building staff that confirmed the difficulty of the house construction due to ledge, the need to blast and the slope on the majority of the 5 acre parcel. Note was made that the house had been constructed on the extreme side of the 5 acre site due to the constraints of the site and that the minor changes to the siting and the lack of information as to all of those changes had contributed to the setback intrusion.
Conversation ensued as to the process for the investigation and approval of house construction in Cornwall. Ms. Griswold Nelson addressed her request for the As-built survey to confirm the actual placement of the entire structure based on the location of the addition being “too close to call” and her belief that the proper way to address the setback violation found as part of that survey was to acknowledge and address the “situation” now rather than create issues for future property owners. Ms. Griswold Nelson suggested that the subdivision lot, as originally approved, probably could not comply with or be approved now based on the buildable land requirement recently part of the zoning regulations, re-addressing the “challenging” topography of the site.
Mr. Stein re-addressed the overall situation, stating that it was clearly not his or anyone’s intent to violate the set back requirements with basic conclusion that a “mistake” had been made.
Remarks and observations were made by ZBA members as to the changes in the driveway configuration to provide better access (Ms. Miller), the lack of the visibility of the addition from the road and even the driveway (Mrs. Grossman), the site’s topographical difficulties and challenges, (Mrs. Potter), and the application providing a ideal opportunity for the ZBA to step up for the interests of someone that is being penalized by a difficult lot situation (Wojtusiak). Mrs. Calhoun in 7:50PM
No one in the audience spoke for or against the application.
By action of the presiding chairman, the public hearing was closed at 7:58PM and the regular meeting opened.
PENDING APPLICATIONS:
Appeal #315 – Jared Stein applicant/Michael Pope Owner – Variance from Article IV for relief from minimum side setback for the construction of an enclosed deck on an existing single family residence – 66 Cornwall Hollow Road.
Members seated for action on the application: Joanne Wojtusiak, Hanna Grossman, Ann Schillinger, Virginia Potter, Pricilla Miller and James Levy.
After discussion as to the unique factors of the application and the matters of hardship:
Motion Mrs. Potter, second Mrs. Grossman, to approve Appeal #315 – Jared Stein applicant/Michael Pope owner – Variance from Article IV for relief from minimum side setback for the construction of an enclosed deck on an existing single family residence – 66 Cornwall Hollow Road to the dimensions as shown in the map provided (reduction in side yard from 50 feet to 48.5 feet) “ Zoning Location Survey prepared for Michael A. Pope, Route 43, by Robert Hock, dated 01/12/07 revised to 01/21/2008” and as per the oral and written testimony of the applicant and staff.
The floor was opened to the Board for comments. As relating to statements of hardship, Mrs. Grossman addressed the lack of impact on any one else due to the topography of the lot and the location of the screened in porch away from view from neighbors. Mrs. Potter and Mrs. Wojtusiak both addressed the topographical challenges and constraints of the site including the steepness of the slope on the majority of the lot and the narrowness of the available space to build. The importance of “checking first” was expressed by all (applicant and commission).
Motion called: those in favor Wojtusiak, Grossman, Potter, Miller and Levy. Those opposed: Mrs. Schillinger due to her finding that the application constituted a self-created hardship. Motion carries by a required majority vote of 4 or more ayes.
APPROVAL OF MINUTES – December 2007.
Motion Mrs. Calhoun, second Mrs. Potter, to approve the December minutes as presented: unanimously approved.
ALL OTHER BUSINESS PROPER TO COME BEFORE THE BOARD.
Motion by unanimous vote to approve the meeting dates of Monday, January 26th, Tuesday, February 24, Monday March 23, Monday April 27, Tuesday May 26, Monday June 22, Monday July 27, Monday August 24, Monday September 28, Monday October 26, Monday November 23 and Monday December 28, meetings in April to September to commence at 8:00Pm in Town Hall and meetings October through March to commence at 7:30Pm in Town Hall.
ADJOURNMENT
Motion Mr. Levy, second Mrs. Schillinger to adjourn at 8:12PM; unanimously approved.
Respectfully submitted,
Karen Griswold Nelson