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| ZONING BOARD OF APPEALS MINUTES |
FEBRUARY 19, 2004
ATTENDANCE: Timothy Plunkett, Chair; Anawar Shahjahan,
Richard Lowenthal, Kathleen Nagle
STAFF: James Bradley, Zoning Inspector
Mr. Plunkett called the meeting to order at 7:35 p.m. He stated that the first two hours would be designated for the public hearing. Applicants would then come to the mic and present their appeal. All those in favor of the application may speak, and those against may also speak. Only the applicant may then rebut and respond to the issues that have been raised by anyone who is against the application. No applications will be heard after 9:30 p.m.
Mr. Plunkett stated that Item B would be postponed until March 18, 2004. He also said that Item H would be postponed until March 4, 2004. He said the board normally has five members and that the variance needs four positive votes. There is a need for a unanimous consent. He told the applicants that they had a choice to postpone until all five board members were present.
A representative for Items A and F came forward and stated that she wanted to postpone until the board constitutes of five members. She said she would work with zoning officers and notify the abutting property owners. Mr. Bradley stated that Item I would be postponed.
C. #04-0219-02 Edyta Wolosz- Variance to increase number of stories from 2 ½ to 3 (Sec 118-100, definition A1 of “story” & 310C) for proposed second basement-level garage bay for single-family dwelling in “AAA” Residence Zone Property located at 11 Yorkshire Road. Fifth Taxing District, Block 64, Lot 199.
Ms. Nagle read a memo from Jim Bradley, dated February 19, 2004 into record. Mr. Wosciech T. Oktawiec submitted two exhibits. He said exhibit A showed the characteristics and the previous structure. The existing dwelling had a 2-car garage. He stated that a survey was done. He said the property was a 2-story structure. He stated that there would not be any trees. He said they wanted to maintain the vegetation in 2003 and received a permit to do demolition on the existing house. Mr. Plunkett asked whether the existing foundation was increased. Mr. Oktawiec said yes. He said they would be increasing the footing of one of the lines by 4 feet. Mr. Plunkett asked whether the idea was to take down the existing retaining wall. Mr. Oktawiec said yes. He said he went back to Zoning for construction. He said he was advised that it would be better to apply for Zoning prior to construction. Mr. Lowenthal asked whether the foundation was the same. Mr. Oktawiec said yes. He said he was asking for a variance. He said he was trying to maintain the character of the neighborhood. The original house was in bad condition. Mr. Plunkett asked whether there was log facing. Mr. Oktawiec said yes. Mr. Plunkett said an accessory building could be buildt.
Mr. Plunkett asked whether anyone wanted to speak in favor of this application. He asked if anyone wanted to speak in opposition. Hearing no one, the public hearing was closed.
D. #04-0219-03 Dolores Austin- Variance to reduce front setback from 40 to 38 ft. and reduce side setback from 15 to 14.1 ft. (Sec. 118-320C) for proposed 1-story addition to single-family dwelling in “AA” Residence Zone. Peroperty located at 12 Mohawk Drive. Fifth Taxing District, Block 32, Lot 147
Ms. Nagle read a memo submitted by Jim Bradley, dated February 19, 2004 into record.
Ms. Patricia Gill stated that she would be representing the applicants tonight. She said an additional garage was a more practical need. She said she had letters from neighbors in support of this application. The family addition will no longer be done. Mr. Plunkett stated that he had a problem with the front wall. Ms. Gill said the wall was pulled back further. She said there was a problem with plumbing. Mr. Lowenthal said this was a much better plan than what was originally presented.
Mr. Plunket asked whether anyone wanted to speak in favor of this application. He asked if anyone wanted to speak in opposition. Hearing no one, the public hearing was closed.
Ms. Nagle read the neighbors’ letters of support for this application into record.
E. #04-0219-04 S. Lucille Dressler- Variance to reduce lot area from 7,813 to 7.092 (existing) sq. ft. and reduce the number of parking spaces from 3 to 1 (existing) (Sec. 118-420B1b&C4) for legalization of second dwelling unit in single family dwelling as accessory apartment for premises in “B” Residence Zone. Property located at 11 McAllister Avenue. Fifth Taxing District, Block 76B, Lot 123
Ms. Nagle read a memo submitted by Jim Bradley on February 19, 2004 into record.
Mr. Steven A. Colarossi stated that he would be representing Ms. Dressler. He said she had been living in her current house since 1979. He said the request was for a variance usage. Her lot is under 71 square feet. It is impossible for her to get additional land from other neighbors. He said there was also a request for a parking variance. There is 8 ½ feet on the side of Ms. Dressler’s house. There would have to be some sort of guard. The backyard suffers from a significant slope. Mr. Colarossi said there was a hardship with regard to parking. Ms. Nagle asked where other people would park. Mr. Colarossi said Ms. Dressler put a covenant on the land. He said the landowners have ample rites to place a reasonable restrictive covenant. Mr. Plunkett said the next owner could argue that there is a variance grant. There are covenants that are not enforced. Ms. Dressler does not want to share her kitchen and the bulk of her living space with a border. He said there was soundproofing because Ms. Dressler’s son was a musician. The original plan showed a request for a curb cut.
Mr. Bradley said that parking space #2 was included along the right side of the house. He said that was how it was designed and approved. The current survey did not show the current asphalt leading up to it. Parking space #2 was a legal parking space since 1979. Mr. Plunkett asked whether the application needed 3 spaces. Mr. Bradley said the variance of 2 parking spaces is being requested. There is not supposed to be parking in the front set back. Mr. Colarossi said it would be hard to put 2 spaces side by side. Mr. Lowenthal asked whether the garage was a living space. Mr. Colarossi said no. Mr. Plunkett said he had a problem with the fact that there was not a lot of land. He said he did not understand the hardship. Mr. Colarossi said there were certain immutable characteristics in regard to this lot. He said there was no mechanism for Ms. Dressler to have any of the neighbors’ land apportioned to her own. Mr. Plunkett stated that Ms. Dressler currently had a minimal normal use. He said he just did not see the hardship. Mr. Colarossi said Ms. Dressler was willing to impose a restrictive covenant prohibiting the creation of a 2-family house. Ms. Nagle said that the board would have to do this for everyone else if they approved this application. Mr. Bradley said the covenant would just disappear in the files. Mr. Colarossi said the covenants did not get lost and are fully enforceable. Mr. Plunkett said that did not mean anyone would be aware of the covenant to reinforce it. He said there was no hardship unique to this property. He said it was only unique to the property owner. Mr. Colarossi said the parking issue was a hardship that runs with the land. Mr. Plunkett said he was still looking for a hardshiop unique to the property. Mr. Colarossi requested to have Ms. Dressler’s application withdrawn and readdressed when there are 5 members present.
Mr. Plunkett asked whether anyone wanted to speak in favor of this application. He asked whether anyone wanted to speak in opposition. Hearing no one, the public hearing was closed.
G. #04-0219-06 Congregation Beth El of Norwalk, Inc.- Variance to reduce front setback from 40 to 20 ft., increase height from 6 to 6.17 ft. and increase area from 10 to 15.7 sq. ft. (Sec. 118-1295D) for proposed ground sign for synagogue in East Avenue Village District. Property located at 109 East Avenue. First Taxing District, Block 54, Lot 1, CAM.
Mr. Al Defeo stated that he was the representative for the application. He shared pictures of the area with the board. He said one gets 30 feet visibility. He said he was just seeking identity. Mr. Plunkett said he did not see that 20 feet was necessary. Mr. Defeo said that 10 feet was very small. Mr. Lowenthal stated that the board usually rejects anything over 10 square feet. Mr. Defeo said the sign gets harder and harder to read as one goes further back. Mr. Plunkett told Mr. Defeo that he needed to make a case unique to the property. He said most boards try to reduce the size of signage as opposed to increasing them. Mr. Lowenthal said the board was pretty strict on this. Mr. Plunkett said he would like to deny without prejudice.
Mr. Plunk asked whether anyone wanted to speak in favor of this application. He asked if anyone wanted to speak in opposition. Hearing no one, the public hearing was closed.
The Board went into Executive Session at 8:40 p.m.
G. #04-0219-06 Congregation Beth El of Norwalk, Inc. – Variance to reduce front setback, increase height and increase area for proposed ground sign for synagogue in East Avenue Village District. Property located at 109 East Avenue
** MR. PLUNKETT MOVED TO DENY WITHOUT PREJUDICE ITEM G #04-0219-06 IN THAT THE APPLICANT FAILED TO PROVE TO THE SATISFACTION OF THIS BOARD THAT UNECESSARY HARDSHIP
OR PRACTICAL DIFFICULTY EXISTED IN THE AMOUNT NECESSARY TO GRANT THE APPLICATION.
** MR. LOWENTHAL SECONDED.
** MOTION PASSED UNANIMOUSLY.
E. #04-0219-04 S. Lucille Dressler- Variance to reduce lot area and reduce number
Parking spaces for legalization of second dwelling unit in single family dwelling as
Accessory apartment for premises in “B” Residence Zone. Property located at 11
McAllister Avenue
Ms. Nagle stated that there was no hardship for the undersized property. She said there
also was not enough parking. Mr. Shahjahan said there was no argument made for the
conversion of the 2-family house. He said there was no case.
** MR. PLUNKETT MOVED TO DENY ITEM E #04-0219-04 IN THAT
THE APPLICANT FAILED TO MAKE A CASE FOR A HARDSHIP
UNIQUE TO THIS PARTICULAR PROPERTY.
** MR. LOWENTHAL SECONDED.
** MOTION PASSED UNANIMOUSLY.
D. #04-0219-03 Dolores Austin- Variance to reduce front setback and side setback
Proposed 1-story addition to single-family dwelling in “AAA” Residence Zone.
Property located at 12 Mohawk Drive.
Mr. Shahjahan said the applicants made every possible architectural change they could
to comply with zoning regulations. He said this was within reason. He said he agreed that
there was evidence of hardship. Mr. Lowenthal agreed. He said the applicants came back
with a diminimous request. He said they made reasonable efforts to comply. Ms. Nagle
said the applicants did make modifications to the plans.
** MR. PLUNKETT MOVED TO APPROVE ITEM D #04-0219-03, IN THAT
THE APPLICANT DEMONSTRATED TO THE SATISFACTION OF THIS BOARD THAT THEY MADE ALL THE CHANGES PREVIOUSLY
REQUESTED, AND THAT THE INTERNAL LOCATION OF THE CHIMNEY EFFECTIVELY PREVENTS MORE COMPLIANCE ON THE FRONT SETBACK AND THAT THE PRACTICAL WIDTH OF A GARAGE NECESSARY TO HOUSE 2 CARS CREATES A PROBLEM ON THE SIDE SETBACK.
** MR. SHAHJAHAN SECONDED.
** MOTION PASSED UNANIMOUSLY.
C. #04-0219-02 Edyta Wolosz- Variance to increase number of stories for proposed
second basement-level garage bay for single-family dwelling in “AAA” Residence
Zone. Property located at 11 Yorkshire Road.
Ms. Nagle said it bothered her that the applicants went ahead and did the work before
coming before the board first. She said she did see that site and stated that there were
challenges there. Mr. Shahjahan agreed with Ms. Nagle. He said the property was already
3 stories. He said he thought it was appropriate to approve the accessibility for the
garage. He said it would be utilization of good space. Mr. Lowenthal also agreed. Mr.
Plunkett said the house did need to be torn down.
** MR. PLUNKETT MOVED TO APPROVE ITEM C #04-0219-02,
IN THAT THE APPLICANT HAS DEMONSTRATED TO THE
SATISFACTION OF THIS BOARD THAT THE REQUEST HAS
BEEN MINIMOUS AND IT IS LARGELY A TECHNICAL
DEFINITION OF A THIRD-STORY.
** MR. LOWENTHAL SECONDED.
** MOTION PASSED UNANIMOUSLY.
J. Request for Second 180-day extension to ZBA #03-0116-01 W&M. Brancaccio-10
Heritage Hill Road.
Mr. Bradley said this was just a second extension and submitted a memo
** MR. PLUNKETT MOVED APPROVAL OF ITEM J, THE
REQUEST FOR A SECONED 180-DAY EXTENSION.
** MR. SHAHJAHAN SECONDED.
** MOTION PASSED UNANIMOUSLY.
The following corrections were made to the minutes:
Mr. Lowenthal stated that his comments were more extensive during the Executive
Session of page 9.
** MR. PLUNKETT MOVED TO APPROVE THE MINUTES OF
FEBRUARY 5, 2004.
** MR. SHAHJAHAN SECONDED.
** MOTION PASSED UNANIMOUSLY.
The meeting was adjourned at 8:55 p.m.
Respectfully Submitted,
Michelle Joseph
Telesco Secretarial Services
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