MINUTES OF A REGULAR MEETING OF THE CORNWALL
ZONING BOARD OF APPEALS HELD ON DECEMBER 26, 2007
A Regular Meeting of the Cornwall Zoning Board of Appeals was held at 7:30 PM on Monday, December 26, 2007 in the Cornwall Town Hall. Present were: Presiding chairman Joanne Wojtusiak, Nancy Calhoun, Lynn Fowler, Hanna Grossman, Ann Schillinger, Virginia Potter and alternate Priscilla Miller. Also present was Land Use administrator Karen Griswold Nelson.
Presiding chairman Joanne Wojtusiak called the meeting to order at 7:32PM.
PUBLIC HEARINGS CONTINUED:
Appeal #311 Cheryl Thibault owner/Berkshire Engineering, applicant – Variance from Section 4.1 – Minimum Lot and Dimension Requirement” to reduce the 50 foot set back for the construction of a single family residence on a .67 acre lot in an R-5 Zone – Assessors Map F07- Block 01- Lot 02- off Johnson Road.
The entire proceedings were recorded on audio tape and are available in Town Hall.
Dennis McMorrow, professional engineer and licensed surveyor with an office in Goshen and representative for the applicant, read a December 17, 2007 letter of support from abutting neighbor Tracey Hewat into the record. Mr. McMorrow stated that as per the instruction of the board at the November meeting, the site had been color flagged to correspond with the proposed foundation of the new house, the driveway and the boundary concerns as shown on a map entitled “Septic System Design prepared for Cheryl B Thibault, Johnson Road” by Berkshire Engineering, dated 12/04/2006 and a perimeter and boundary survey showing abutting property owners and the location of the lot on Johnson Road supplied.
In response to questions and comments Mr. McMorrow pointed out that the existing foundation could be built on without a variance and that the corner of the existing foundation was closer to the boundary line than the proposed new structure. Mr. McMorrow re-addressed the site features that he deemed “classic hardship” factors including wetlands and the non-conforming size and shape of the lot and the use of the site who what he deemed a modest sized home (936sf) and two car garage (576sf).
Letters of support from First Selectman Gordon Ridgway and Margaret Cooley were read into and made part of the record.
Joan Rogala, (Johnson Road) abutting co-property owner on 3 sides, spoke in opposition of the variance based on her beliefs that a smaller home and a one car garage could be built on the site without requiring a variance.
Paul Rogala (Johnson Road) abutting co-property owner on 3 sides, spoke in opposition of the variance, pointing out that the proposed home was three times larger than what was there before.
In response to questions, Mr. McMorrow stated that the proposed residence and garage as shown satisfied the minimum requirements of an R-1 one acre zoned lot.
Hearing no other questions or concerns:
Motion Mrs. Grossman, second Mrs. Calhoun, to close the public hearing for Appeal #311; unanimously approved.
Motion Ms. Miller, second Mrs. Potter to amend the agenda to act on agenda item 2A prior to all other business.
Appeal #311 Cheryl Thibault owner/Berkshire Engineering, applicant – Variance from Section 4.1 – Minimum Lot and Dimension Requirement” to reduce the 50 foot set back for the construction of a single family residence on a .67 acre lot in an R-5 Zone – Assessors Map F07- Block 01- Lot 02- off Johnson Road.
Members seated for action on the application based on attendance at both hearings: Joanne Wojtusiak, Nancy Calhoun, Lynn Fowler, Hanna Grossman, Ann Schillinger and Virginia Potter
Motion Mrs. Potter, second Mrs. Calhoun to approve Appeal #311 Cheryl Thibault owner/Berkshire Engineering, applicant to vary Section 4.1 – Minimum Lot and Dimension Requirement” to reduce the 50 foot set back for the construction of a single family residence to the dimensions as shown in the map provided (reduction in front yard from 50 feet to 34 feet) “Septic System Design prepared for Cheryl B Thibault, Johnson Road” by Berkshire Engineering, dated 12/04/2006 as per the oral and written testimony of the applicant and the their representative.
The floor was opened to the Board for comments. Mrs. Calhoun addressed the pre-existence of the lot before the current 5 acre zoning. Mrs. Potter stated that the applicants had done a careful job in siting the house and had provided a perfect affordable lot. Mrs. Grossman stated that she would rather see the reduction in size or the elimination of the garage. Mrs. Wojtusiak stated her belief that the garage was in keeping with the character of Johnson Road and satisfied safety issues common to most homeowners in terms of safer access to a home and garaging of vehicles.
Motion called: those in favor Wojtusiak, Calhoun, Fowler, Schillinger and Potter. Those opposed: Grossman. Motion carries by a required majority vote of 4 or more ayes.
Appeal #312 – Andrew Cooks and Julia Randall applicants/owners _ Variance from Section 4.1 - Minimum Lot and Dimension Requirement” to reduce the 50 foot side yard set back for the construction of an accessory structure – 78 Whitcomb Hill Road.
The entire proceedings were recorded on audio tape and are available in Town Hall.
Land Use administrator Griswold Nelson advised the commission of telephone/email communications between the Land Use office, the applicants, and the legal reprehensive, Attorney Michael Lynch for the abutting neighbors, Adrian and Margaret Selby regarding the elevations and architectural style of the proposed garage as well as the consideration of landscaping to reduce the visual impact from the abutting property. The email, as stating “The proposed garage would be 24' x 22', and 16' high from the garage floor to the very highest point of the roof (the ridge?). The pitch of the roof would be 6/12, same as our house. We were thinking that we would build it to match (more or less) the house; raw cedar siding, steel roof, a few windows. Because the steep topography, the garage will be cut into the land and the visible height would be appx. 8' (possibly less?). The visible part would change, obviously, as the land slopes. The eastern wall would be the gable end of the building (see our plan, page 2 for a better sense of it and for the footprint). You might want to remind Mr. Selby's attorney that we will be tree-planting come spring-- evergreens that will add more of a landscape barrier to our property” was read into the record by Attorney Lynch.
With agreement that the information provided was to response to concerns raised as to the possible negative impact of the garage to the property values as raised in the oral and written testimony of Mr. Lynch, the Board discussed the topographical features of the site and the consideration of a reduction in the size of the garage with agreement that the architectural features and the matter of landscaping were being addressed in terms of a possible source of agreement between the Selby’s and the Cooks/Randall.
Letters from Attorney Lynch addressed to town counsel, Perley Grimes of Cramer and Anderson and land use counsel, Thomas Byrne of Byrne and Byrne regarding the Selby’s opposition to the variance were made part of the file.
Hearing no other questions or concerns from the commission or requests for additional information or time to view the site:
Motion Mrs. Schillinger, second Mrs. Grossman, to close the public hearing for Appeal #312: unanimously approved.
PENDING APPLICATIONS
Appeal #311 Cheryl Thibault owner/Berkshire Engineering, applicant – Variance from Section 4.1 – Minimum Lot and Dimension Requirement” to reduce the 50 foot set back for the construction of a single family residence on a .67 acre lot in an R-5 Zone – Assessors Map F07- Block 01- Lot 02- off Johnson Road.
Appeal #312 – Andrew Cooks and Julia Randall applicants/owners - Variance from Section 4.1 - Minimum Lot and Dimension Requirement” to reduce the 50 foot side yard set back for the construction of an accessory structure – 78 Whitcomb Hill Road.
Members seated for action on the application based on attendance at both hearings: Joanne Wojtusiak, Nancy Calhoun, Lynn Fowler, Hanna Grossman, Ann Schillinger and Virginia Potter.
Motion Mrs. Schillinger, second Mrs. Potter, to approve Appeal #312 to vary Section 4.2 from Section 4.1 - Minimum Lot and Dimension Requirement” to reduce the 50 foot side yard set back to 10 feet for the construction of an accessory structure – 78 Whitcomb Hill Road.
The floor was opened for discussion.
With agreement that the site was extremely restrictive (Mrs. Potter) with an erratic topography (Mrs. Schillinger), it was suggested that anything that could be done to ameliorate the situation should be considered. Mrs. Grossman stated her disagreement with the belief that one had to have a garage. It was suggested by staff that the Board consider the additional information made part of the oral and written testimony of the record and in particular, the details as expressed in the email.
With agreement, Mrs. Schillinger, second Mrs. Potter, to
Amend the motion to approve the variance as per the oral and written testimony of the applicant, the maps provided exactly as presented, maps entitled “Driveway and Gravel Parking Layout Area - Cooks Randall residence -78 Whitcomb Hill Road, dated April 23, 2007 revised to 5/14 and 6/24/2007 “Driveway and Gravel Parking Areas Layout – Cooks Randall residence, 78 Whitcomb Hill Road” and “Driveway Layout with future garage and retaining wall – Cooks Randall residence – 78 Whitcomb Hill Road, dated April 23, 2007 revised to 5/14 and June 24, 2007” and including details map, “Driveway lay-out –ties and details, dated April 23, 2007 revised to 5/14 and 6/24/2007” all maps prepared by Patrick Hackett, PE”) and the details as stated in the email and the conversations of the record
Motion called: those in favor Wojtusiak, Calhoun, Fowler, Schillinger and Potter. Those opposed: Grossman. Motion carries by a required majority vote of 4 or more ayes.
Appeal #314 – Harry DePolo applicant/owner – Variance from Section 4.1 – Minimum Lot and Dimension Requirements for relief from minimum setbacks for the construction of a single family residence on a 1.08 acre lot in an R-5 zone – Assessors Map Co9-Block 03-Lot 03- Sharon Goshen Turnpike. APPLICATION WITHDRAWN
APPROVAL OF MINUTES. September and November meetings.
Motion Mrs. Calhoun, second Mrs. Miller, to approve the minutes of the September meeting as presented: unanimously approved.
Motion Mrs. Calhoun, second Mrs. Potter, to approve the minutes of the November meeting with corrections: unanimously approved.
ALL OTHER BUSINESS PROPER TO COME BEFORE THE BOARD.
Arrangements were discussed for Board members to attend an educational seminar being conducted by Litchfield Council of Elected Officials and the Northwester Ct. Council of Governments.
ADJOURNMEN
Motion Mrs. Schillinger, second Mrs. Grossman, to adjourn at 8:40PM; unanimously approved.
Respectfully submitted,
Karen Griswold Nelson