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LEGAL NOTICE OF DECISION ESSEX ZONING BOARD OF APPEALS
August 17, 2010 The
Essex Zoning Board of Appeals conducted their regularly scheduled
meeting on August 17, 2010 at 8:00 p.m. in Room A of the
Case 08-11
on behalf of
Beanstalk Preschool & Childcare, LLC, property located at 3 Cross
Street, Essex, CT Assessor’s
Map 47 Lots 64 & 65 EV Zone, requesting a Variance of Sections 40A,
40E, 70A.1 & 70A.2, 110B and 110F.28 of the Essex Zoning Regulations.
This is a request for renewal on a previously granted temporary
Variance (in 2008) to continue to conduct a daycare facility in the
basement of
Respectfully submitted, Stella C. Beaudoin
LEGAL
NOTICE OF DECISION
The Essex Zoning Board of Appeals conducted their regularly scheduled
meeting on July 20, 2010 at 8:00 p.m. in Room A of the Recording Secretary
LEGAL
NOTICE OF DECISION May 18, 2010 The Essex Zoning Board of Appeals conducted their
regularly scheduled meeting on June 15, 2010 at 8:00
p.m. in Room A of the Case 10-8
on behalf of
David
Evangelisti, property located at 42 Grandview Terrace, Essex, CT,
Assessor’s Map 27 Lot 107, VR Zone,
requesting a Variance of Sections 40CD, 40D, 40E, 40I1, 50C, 50D and 60B
of the Essex Zoning Regulations.
This is an application to raise the roof on
a portion of a house that is within 18’ of the side property line. The
proposed height matches another portion of the roof and would be 28’
high.
Coverage will not increase.
GRANTED Case 10-9
on behalf of
Dana Davison
McFadden, property located at 22 Mack Lane, Essex, CT, Assessor’s Map 46
Lot 31, Village Residence Zone,
requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50C.1,
50C.2, 50D, and 60B of the Essex Zoning Regulations.
This is an application to construct an
addition onto an existing house.
A portion of the existing house is located
within the rear yard.
Coverage will increase from 12.6% to 16.4%.
The proposed height of the addition is
19’9”.
GRANTED
Respectfully submitted Stella C. Beaudoin
LEGAL NOTICE OF DECISION
May 18, 20108:00 p.m.
Room A,
The Essex Zoning Board of Appeals conducted their regularly scheduled
meeting on May 18, 2010 at 8:00 p.m. in Room A of the Case 10-6
on behalf of
Frank G. Masek, property located at Case 10-7
on behalf of
Jason and Kara Bell, property located at Respectfully submitted Stella C. Beaudoin LEGAL
NOTICE OF DECISION April 20, 2010 The Essex Zoning Board of Appeals conducted their regularly scheduled meeting on April 20, 2010 at 8:00 p.m. in Room A of the Essex Town Hall. Members present were Chairman Stu Ingersoll, Doug Demarest, Al Daddona, Lynn Faulstick, Paul Greenberg, Attorney Michael Wells and Stella Beaudoin, Recording Secretary. Case 10-3 on behalf of Peter Wallace and Katrina Wall, property located at 15 Riverview Street, Essex, Assessor's Map 28 Lot 25 Village Residential Zone, requesting a Variance of Sections 40D, 40E and 60B of the Essex Zoning Regulations. This is an application to reconfigure an existing house's footprint. The coverage would increase from 6.8% to 9.3%. The proposed structure meets the setback and height requirements. GRANTED Case 10-4 on behalf of Gregory M. Paul, Trustee, property located at 45 Foxboro Road, Essex, CT (Assessors Map 16 Lot 8) Rural Residence Zone, requesting a Variance of Sections 40C, 40D, 40E, 50C.2, 50D and 61B specifically to increase coverage from 8.2% to 9.4% and to add an addition to within 24' of the north property line at its closest point. The other addition is located on the front of the house, but is outside of the front setback. The house will be increased by 925 s/f. GRANTED Case 10-5 on behalf of Stephen R. Cline, Trustee/EST Trust, property located at 85 Westbrook Road, Centerbrook, CT (Assessors Map 53 Lot 3) Limited Industrial Zone, requesting a Variance of Sections 40E, 40R, 50C, 50C.1, 50C.2, 50D and 90A.1(A), 90C.1(C), 90E, and 110B of the Essex Zoning Regulations. This is an application to vary the location on the existing site, specifically to allow parking within three feet of the rear property line and within 30' of the front property line, in addition to a covered entrance to within 45' of the rear property line and a portico to within 72' of the front property line. GRANTED Respectfully submitted Stella C. Beaudoin LEGAL
NOTICE OF DECISION January 19, 2010 The Essex Zoning Board of Appeals conducted their regularly scheduled meeting on January 19, 2010 at 8:00 p.m. in Room A of the Essex Town Hall. Members present were Chairman Stu Ingersoll, Doug Demarest, Al Daddona, Lynn Faulstick, Alix Walmsley, Attorney Michael Wells and Stella Beaudoin, Recording Secretary. Case 08-47 on behalf of Terrance D. Lomme, Esq., Agent for the Griswold Inn, LLC, property located at 36 Main Street, Essex, CT, Assessor's Map 47 Lot 44, Essex Village Zone, requesting a Variance of Sections 40A, 40D, 40E, 50C and 50D of the Essex Zoning Regulations. This is an application to convert two offices on the second story of a retail structure into two guest rooms for the Griswold Inn. Continued from the December 2009 meeting. GRANTED Case 10-1 on behalf of Whitney Huber for Fabrice and Michelle Klein, property located at 5 Parker Terrace, Essex, CT 06426, Assessor's Map 32 Lot 16-1, Village Residence Zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C.2, 50D and 60B or the Essex Zoning Regulations. This is an application to construct an addition and a porch onto an existing house. The proposed porch height is 12'6". Coverage on the property will increase from 6.5% to 8.8%. GRANTED Respectfully submitted Stella C. Beaudoin LEGAL
NOTICE OF DECISION December 15, 2009 The Essex Zoning Board of Appeals conducted their regularly scheduled meeting on December 15, 2009 at 8:00 p.m. in Room A of the Essex Town Hall. The following decisions were rendered: Case 08-45 on behalf of John & Frances Osborne, property located at 16 Townwoods Road, Ivoryton, CT Assessor's Map 89 Lot 36-16, Rural Residence Zone, requesting a Variance of Sections 40D, 40E, 50C, 50D, and 61B of the Essex Zoning Regulations. This is an application to reconfigure two lots to address access issues. Both lots are legally nonconforming; Lot 36-16 will become slightly more nonconforming by 3,000 s/f and the coverage will conform to the Town's current 7.5% regulation. Building setbacks will also conform. GRANTED Case 08-46 on behalf of David and Merry Coleman, property located at 26 Partridge Hill Lane, Essex, CT, Assessor's Map 46 Lot 72, Rural Residence Zone, requesting a Variance of Sections 40D, 40E, 50C, 50D, and 61B of the Essex Zoning Regulations. This is an application to construct a covered porch onto an existing house. Existing coverage is 9.9% and the proposed coverage is 10.1%. GRANTED Case 08-47 on behalf of Terrance D. Lomme, Esq., Agent for the Griswold Inn, LLC, property located at 36 Main Street, Essex, CT, Assessor's Map 47 Lot 44, Essex Village Zone, requesting a Variance of Sections 40A, 40D, 40E, 50C and 50D of the Essex Zoning Regulations. This is an application to convert two offices on the second story of a retail structure into two guest rooms for the Griswold Inn. CONTINUED TO THE JANUARY 19, 2010 REGULARLY SCHEDULED MEETING. Respectfully submitted Stella C. Beaudoin LEGAL
NOTICE OF DECISION October 20, 2009 The Essex Zoning Board of Appeals conducted their regularly scheduled meeting on October 20, 2009 at 8:00 p.m. in Room A of the Essex Town Hall. At that meeting, the following decision was rendered: Request for a Variance
to Case 08-44 on behalf of Edward and Elizabeth Burlelson, property
located at 33 Maple Avenue, Essex, CT, Assessor's Map 16 Lot 26, Village
Residence Zone, requesting a Variance of Sections 40D, 40E, 50C, 50D,
and 60B of the Essex Zoning Regulations. This is an application to extend
an existing sunroom. The current sunroom is 8' x 24' and the proposed
dimension is 12' x 24' increasing the coverage to 10.1%. GRANTED LEGAL
NOTICE OF DECISION September 15, 2009 At the September 15, 2009 regularly scheduled meeting of the Essex Zoning Board of Appeals the following decision were made: Case 08-40 on behalf of Robert M. Hathaway and Linda M. Tuzzio, property located at 44 Comstock Avenue, Ivoryton, CT Assessor's Map 63 Lot 013, Village Residence Zone requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D, and 60B of the Essex Zoning Regulations. This is an application to reconstruct and improve the safety of the garage structure with an addition so that the new garage is 14' x 40' and 18' tall within six feet from the side property line. APPROVED Case 08-41 on behalf of Carrie Marcos Rivera, property located at 11 Charles Street, Centerbrook, CT Assessor's Map 43 Lot 50, Village Residence Zone requesting a Variance of Sections 40B.1, 40D, 40E, 50C, 50D, and 60B of the Essex Zoning Regulations. This is an application to construct a 14' x 36' deck in accordance with the plans submitted, on an existing house that is on a 16,117 s/f lot. APPROVED Case 08-42 on behalf of Jeffrey W. Flower, Agent for Caroline Flower, property located at 2 Essex Square, Essex, CT Assessor's Map 47 Lot 88, Essex Village District, requesting a Variance of Sections 40B.2, 40C, 40D, 40E, 40I.1, 50D, 50F, and 70B of the Essex Zoning Regulations. This is an application to rebuild a barn in accordance with the plans submitted, that was demolished in 1992. The 29 foot high structure would be located in the side setback approximately two - three feet from the property line. APPROVED Case 08-43 on behalf of Margaret Milnes, property located at 30 Meadow Woods Road, Essex, CT Assessor's Map 6 Lot 03, Rural Residence Zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D, and 61B of the Essex Zoning Regulations. This is an application to construct a 21' x 24' garage within the front setback to within 20' of the property line and within the side setback to within 14' of the property line. APPROVED
Stella C. Beaudoin NOTICE
OF DECISION The Essex Zoning Board of Appeals conducted a special meeting on July 29, 2009 at 5:00 p.m., Room A, Essex Town Hall. The following decision was rendered: Motion made by Stu Ingersoll to deny a Variance to Case 08-39 on behalf of Richard Langdon, property located at 4 Cross Street, Essex, CT, Assessor's Map 47 Lot 109, Village Residence Zone and Gateway Overlay Zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1 Specifically to increase the existing height of a garage that is located in the side setback to 26.3' with a cupola that is 32.5', 45C.1 Specifically to allow an accessory apartment in an accessory building on a lot that is 8,089 square feet with a minimum lot width of 60.9', 45C.2 Specifically to allow an accessory apartment to within three feet of a side property line on the south side, to within 13 feet of the west side property line and to within 18 feet of the front property line, 45D.2 Specifically to allow the occupant of the principle dwelling to continue to have an architect's office in the principle dwelling at 4 Cross Street, 45D.4 Specifically to allow the existing parking to remain as is: one car space in the garage and three spaces in front and to the side of the garage within the front setback to Cross Street, 50C.2, 50D and 60B: REQUIRED CHARACTERISTICS [In the Village Residence Zone]: Specifically to construct a 24 square foot porch overhang on the principle structure to within 6' of the front property line along Cross Street and within 29' of the front property line on Pratt Street; to construct a 24' s/f porch overhang on an existing garage to within 20' of the south, side property line and within 21' of the west side property line to construct a 5.5' x 5' bulkhead on the west side of the garage to within 8' of the west (side) property line, an increase of coverage from 26.2% to 27.1%, and to allow less than 60,000 s/f per dwelling unit, of the Essex Zoning Regulations. The Variance was denied based on insufficient hardship shown
Stella C. Beaudoin LEGAL
NOTICE OF DECISION The Essex Zoning
Board of Appeals conducted their regularly scheduled meeting on July
21, 2009 at 8:00 p.m., Essex Town Hall. Case 08-35 on behalf of Stephen Craig, property located at 20 Meadow Woods Road, Essex, CT Assessor's Map 6 Lot 017, Rural Residence Zone requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D, 61B of the Essex Zoning Regulations. This is an application to construct a deck and three-season porch onto a house in the front setback to within 32' of the front property line and side setback to within nine feet of the south property line. GRANTED Case 08-36 on behalf of Donald and Kathleen Rankin, property located at 26 Melody Lane, Ivoryton, CT Assessor's Map 89 Lot 42, Rural Residence Zone requesting a Variance of Sections 40D, 40E, 61B of the Essex Zoning Regulations. This is an application to construct a two-car garage with attached family room on a 23,298 s/f lot, expanding the allowed coverage to 11.53%. GRANTED. Case 08-37 on behalf of Joshua A. and P. Noelle Rogovin, property located at 33 Summit Street, Ivoryton, CT Assessor's Map 58 Lot 12, Village Residence Zone requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D and 60B of the Essex Zoning Regulations. This is an application to construct a 417 s/f deck onto an existing house. The coverage will increase to 12.5%. DENIED on the basis of the lack of hardship. Case 08-38 on behalf of The Town of Essex; Park & Recreation Commission/Basketball Center Subcommittee, property located at 11 Saybrook Road, Essex, CT, Assessor's Map 33 Lots 24 & 24-1 Limited Industrial Zone requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D, 90C.1 to reconfigure an existing parking area within 29-32' from the front property line facing Saybrook Road, 90E construction of a 12-14' high fence within six feet of the property line along West Avenue, construction of three 13' high basketball hoops 25', 72' and 74' from the front property line along West Avenue and 22' from the side property line abutting Lot 24-1 and 110B to locate six parking spaces within five feet of Lot 24-1 of the Essex Zoning Regulations to construct a basketball court at the corner of Route 154 and West Avenue on two abutting properties. GRANTED. Case 08-39 on behalf of Richard Langdon, property located at 4 Cross Street, Essex, CT, Assessor's Map 47 Lot 109, Village Residence Zone and Gateway Overlay Zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1 Specifically to increase the existing height of a garage that is located in the side setback to 26.3' with a cupola that is 32.5', 45C.1 Specifically to allow an accessory apartment in an accessory building on a lot that is 8,089 square feet with a minimum lot width of 60.9', 45C.2 Specifically to allow an accessory apartment to within three feet of a side property line on the south side, to within 13 feet of the west side property line and to within 18 feet of the front property line, 45D.2 Specifically to allow the occupant of the principle dwelling to continue to have an architect's office in the principle dwelling at 4 Cross Street, 45D.4 Specifically to allow the existing parking to remain as is: one car space in the garage and three spaces in front and to the side of the garage within the front setback to Cross Street, 50C.2, 50D and 60B: REQUIRED CHARACTERISTICS [In the Village Residence Zone]: Specifically to construct a 24 square foot porch overhang on the principle structure to within 6' of the front property line along Cross Street and within 29' of the front property line on Pratt Street; to construct a 24' s/f porch overhang on an existing garage to within 20' of the south, side property line and within 21' of the west side property line to construct a 5.5' x 5' bulkhead on the west side of the garage to within 8' of the west (side) property line, an increase of coverage from 26.2% to 27.1%, and to allow less than 60,000 s/f per dwelling unit, of the Essex Zoning Regulations. CONTINUED TO A SPECIAL MEETING TO BE CONDUCTED ON JULY 29, 2009; 5:00 P.M., ESSEX TOWN HALL.
Stella C. Beaudoin LEGAL
NOTICE AGENDA/LEGAL
NOTICE The Essex Zoning Board of Appeals will conduct the regularly scheduled meeting on July 21, 2009 to hear the following cases: Case 08-35 on behalf of Stephen Craig, property located at 20 Meadow Woods Road, Essex, CT Assessor's Map 6 Lot 017, Rural Residence Zone requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D, 61B of the Essex Zoning Regulations. This is an application to construct a deck and three-season porch onto a house in the front setback to within 32' of the front property line and side setback to within nine feet of the south property line. Case 08-36 on behalf of Donald and Kathleen Rankin, property located at 26 Melody Lane, Ivoryton, CT Assessor's Map 89 Lot 42, Rural Residence Zone requesting a Variance of Sections 40D, 40E, 61B of the Essex Zoning Regulations. This is an application to construct a two-car garage with attached family room on a 23,298 s/f lot, expanding the allowed coverage to 11.53%. Case 08-37 on behalf of Joshua A. and P. Noelle Rogovin, property located at 33 Summit Street, Ivoryton, CT Assessor's Map 58 Lot 12, Village Residence Zone requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D and 60B of the Essex Zoning Regulations. This is an application to construct a 417 s/f deck onto an existing house. The coverage will increase to 12.5%. Case 08-38 on behalf of The Town of Essex; Park & Recreation Commission/Basketball Center Subcommittee, property located at 11 Saybrook Road, Essex, CT, Assessor's Map 33 Lots 24 & 24-1 Limited Industrial Zone requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D, 90C.1 to reconfigure an existing parking area within 29-32' from the front property line facing Saybrook Road, 90E construction of a 12-14' high fence within six feet of the property line along West Avenue, construction of three 13' high basketball hoops 25', 72' and 74' from the front property line along West Avenue and 22' from the side property line abutting Lot 24-1 and 110B to locate six parking spaces within five feet of Lot 24-1 of the Essex Zoning Regulations to construct a basketball court at the corner of Route 154 and West Avenue on two abutting properties. Case 08-39 on behalf of Richard Langdon, property located at 4 Cross Street, Essex, CT, Assessor's Map 47 Lot 109, Village Residence Zone and Gateway Overlay Zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1 Specifically to increase the existing height of a garage that is located in the side setback to 26.3' with a cupola that is 32.5', 45C.1 Specifically to allow an accessory apartment in an accessory building on a lot that is 8,089 square feet with a minimum lot width of 60.9', 45C.2 Specifically to allow an accessory apartment to within three feet of a side property line on the south side, to within 13 feet of the west side property line and to within 18 feet of the front property line, 45D.2 Specifically to allow the occupant of the principle dwelling to continue to have an architect's office in the principle dwelling at 4 Cross Street, 45D.4 Specifically to allow the existing parking to remain as is: one car space in the garage and three spaces in front and to the side of the garage within the front setback to Cross Street, 50C.2, 50D and 60B: REQUIRED CHARACTERISTICS [In the Village Residence Zone]: Specifically to construct a 24 square foot porch overhang on the principle structure to within 6' of the front property line along Cross Street and within 29' of the front property line on Pratt Street; to construct a 24' s/f porch overhang on an existing garage to within 20' of the south, side property line and within 21' of the west side property line to construct a 5.5' x 5' bulkhead on the west side of the garage to within 8' of the west (side) property line, an increase of coverage from 26.2% to 27.1%, and to allow less than 60,000 s/f per dwelling unit, of the Essex Zoning Regulations.
Stella C. Beaudoin LEGAL
NOTICE OF DECISION June 16, 2009 The Essex Zoning Board of Appeals conducted their regularly scheduled meeting on June 16, 2009 at the Essex Town Hall. The following decision was made: Case 08-34 on behalf of Stephen Craig, property located at 20 Meadow Woods Road, Essex, CT Assessor's Map 6 Lot 017, Rural Residence Zone requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C 50D, 61B of the Essex Zoning Regulations. This is an application to construct a deck and three-season porch onto a house that is located within the front setback to Meadow Woods Rd and the side setback on the southern property line. DENIED WITHOUT PREJUDICE
Stella C. Beaudoin LEGAL
NOTICE OF DECISION May 19, 2009 The Essex Zoning Board of Appeals conducted their regularly scheduled meeting on May 19, 2009 at 8:00 p.m. at the Essex Town Hall. Those members in attendance were Stu Ingersoll, Doug Demarest, Al Daddona, Alix Walmsley, Lynn Faulstick. Variance request for Case 08-27 on behalf of Robert and Pamela Kolp, property located at 24 Cove Rest Pentway, Essex, CT, Assessor's Map 71 Lot 21-1, Rural Residential Zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D and 61B of the Essex Zoning Regulations. This is an application to construct a 17' x 28' two-car garage partially in the side setback (along the Thomas property) and front setback to Cove Rest Pentway. The proposed height of the garage is 17' to 24' 10" depending upon the grade. Coverage will increase from 6.9% to 9.5%. CONTINUED FROM THE APRIL 2009 MEETING. The Variance is denied due to insufficient hardship shown. Variance request for Case 08-32 on behalf of Andrew J. and Elise M. Kressley, 70 North Main Street, Essex, CT Map 27 Lots 25 & 26, Village Residence Zone, requesting a Variance of Sections 40D, 40E, 50C and 50D of the Essex Zoning Regulations. This is an application to demolish an existing garage, construct a larger addition in its place and construct a new, freestanding garage 24' x 43'. The proposed coverage would be 9.5%. The maximum height of the proposed addition is 24'; the maximum height of the proposed garage is 22'. This is a unique situation - two lots that preexisted the zoning regulations. The hardship lies within the application; additionally the Essex Zoning Regulations in conjunction to this situation also represents a hardship. The only variance being requested with this proposal is for the area. Everything newly proposed is otherwise in conformance. The Variance is approved in accordance with the Plans as presented dated January 17, 2009. Variance request for Case 08-33 on behalf of Penny Parker, on behalf of property located at 21 Plains Rd., Essex, CT, Assessor Map 45 Lot 14, Commercial Zone, requesting a Variance of Sections 40A, 80A.1(D), 80A.2(G) of the Essex Zoning Regulations. This is an application for a use Variance to locate an outdoor seasonal market on the former Iron Chef restaurant property. The Variance is denied on the basis of insufficient hardship shown. Respectfully submitted Stella C. Beaudoin LEGAL
NOTICE OF DECISION The Essex Zoning Board of Appeals will conduct their regularly scheduled meeting on April 21, 2009 at 8:00 p.m. at the Essex Town Hall to hear the following cases: Case 08-27 on behalf of Robert and Pamela Kolp, property located at 24 Cove Rest Pentway, Essex, CT, Assessor’s Map 71 Lot 21-1, Rural Residential Zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D and 61B of the Essex Zoning Regulations. This is an application to construct a 17’ x 28’ two-car garage partially in the side setback (along the Thomas property) and front setback to Cove Rest Pentway. The proposed height of the garage is 17’ to 24’ 10” depending upon the grade. Coverage will increase from 6.9% to 9.5%. Case 08-28 on behalf of Sabrina Foulke, Agent for Michele Tine, property located at 44 Grandview Terrace, Essex, CT, Assessor’s Map 27 Lot 106, Village Residence Zone, requesting a Variance of Sections 40D, 40E, 40J and 60B of the Essex Zoning Regulations. This is an application to construct a 1 and ½ story new, single-family house on the site of an existing single-family house. The property is located in the Gateway zone; the height from the peak of the roof to the lowest point where the foundation meets the grade exceeds 35 feet. Case 08-29 on behalf of Michael Belanger, property located at 70 Plains Road, Essex, CT, Assessor’s Map 53, Lot 12, Limited Industrial Zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D and 90E of the Essex Zoning Regulations. This is an application to construct a second story onto an existing one and a half story house that is located in the Limited Industrial Zone entirely within the 75’ setback. The proposed height is 25.5’. Case 08-30 on behalf of Penny Parker for Treuhold Essex LLC, property located at 21 Plains Road Essex, CT, Assessor’s Map 45 Lot 14, Commercial Zone, requesting a Variance of Sections 40A and 80A.2(G) of the Essex Zoning Regulations. This is an application for a use Variance to locate an outdoor seasonal market on the former Iron Chef restaurant property. Case 08-31 on behalf of Gary Boone, property located at 22 North Main Street, Ivoryton, CT, Assessor’s Map 40 Lot 18, Village Residence Zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D and 60B of the Essex Zoning Regulations. This is an application to add an existing porch that is located in the front setback approximately 3-4’ from the front property line. The 6’ x 10’ porch is proposed to be 15’ tall and wrap around to the south side of the house.
Respectfully submitted Stella C. Beaudoin LEGAL NOTICE OF DECISION ESSEX ZONING BOARD OF APPEALS The Essex Zoning Board of Appeals conducted their regularly scheduled meeting on March 17, 2009 at 8:00 p.m. at the Essex Town Hall. The following decisions were rendered: Case 08-25 on behalf of Brandon Koslawy, property located at 120A North Main Street, Essex, CT, Assessor's Map 17, Lot 36, Village Residence Zone requesting a Variance of Sections 40C, 40D, 40E, 40I.1 and 60B of the Essex Zoning Regulations. This is an application to construct a 10' x 15' shed within the side setback to within 19' of the southern property boundary. The proposed shed height is 12 feet. DENIED Case 08-26 on behalf of Renato P. and Denise L. Mangano, property located at 37 Deer Lane, Ivoryton, CT, Assessor's Map 86 Lot 8-19 Rural Residence Zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1 and 61B of the Essex Zoning Regulations. This is an application to construct a 30' x 20' garage that is 21.5' high within the side setback to within 20' of the side property line. Coverage would increase to 3.6%. DENIED Respectfully submitted Stella
C. Beaudoin LEGAL
NOTICE OF DECISION The following Variances were granted at the Essex Zoning Board of Appeals Public Hearing on December 16, 2008 at 8:00 p.m. in the Essex Town Hall. VARIANCE GRANTED TO Case 08-17 on behalf of David and Linda Acheson, property located at 35 Main Street, Ivoryton, CT, Assessor's Map 41 Lot 12 Village Residential Zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D and 60B of the Essex Zoning Regulations. This is an application to construct a garage/carriage house within the side setback. This Case is a continuance from the October 2008 meeting. The variance is granted in accordance with the drawings dated December 16, 2008 and revised at this meeting. The Variance is approved due to the hardship created by the topography of the land and the fact that the lot predates zoning. VARIANCE GRANTED TO Case 08-23 on behalf of John R. Schroeder, agent for Axel Langhorst, property located at 32 West Avenue, Essex, CT, Assessor's Map 32 Lot 66-1, Village Residence Zone and Gateway Conservation District, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 40J and 60B of the Essex Zoning Regulations. This is an application to construct an addition onto an existing house to within 11' of the side property line on the west side, increase the coverage to 11.7%, and to allow a 37' high cupola to be used for "human occupancy" as a seating area. The Variance is granted in accordance with the drawings as submitted: Langhorst Residence dated 10-17-2008. The Variance is approved on the grounds of the hardship created by the odd-sized lot along with fact that there were two Variances which were previously granted prior to the change in the Essex zoning regulations. The Variance granted on this Case 08-23 will supersede the existing variances. VARIANCE GRANTED TO Case 08-24 on behalf of A.J. Shea Construction, Agent for Chris and Sarah Keenan, property located at 10 Clark Lane, Essex, CT, Assessor's Map 17 Lot 10, Village Residence Zone, requesting a variance of sections 40D, 40E, 50C, 50D, and 60B of the Essex Zoning Regulations. This is an application to construct a 423 s/f deck onto an existing house increasing the coverage to 9.6%. This Variance is granted in accordance with the plans as submitted. The Variance is approved based on the fact that construction of a deck above an existing terrace will provide better access to the house. Based on the change in the Essex zoning regulations, any construction would be in violation. This proposal creates a minimum intrusion on the coverage. Respectfully
submitted, LEGAL
NOTICE OF DECISION October 21, 2008 The
Essex Zoning Board of Appeals conducted a Public Hearing on October
21, 2008 at 8:00 p.m. in the Essex Town Hall. Those members present
were Stu Ingersoll, Lynn Faulstick, Seth Fidel, Bill Doane and Doug
Demarest. Case
08-17 on behalf of David and Linda Acheson, property located at
35 Main Street, Essex, CT, Assessor's Map 41 Lot 12 Village Residential
Zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D
and 60B of the Essex Zoning Regulations. This is an application to construct
a garage/carriage house within the side setback. This Case is continued
to the November 2008 meeting. Case
08-19 on behalf of Robert Davis (Essex Wood Works) for Christine
Rogers & Mark Croteau, property located at 69 Mares Hill Rd., Ivoryton,
CT, Assessor's Map 65 Lot 80-01-02, Rural Residence Zone, requesting
a Variance of Sections 40C, 40D, 40E, 40I.1 and 61B of the Essex Zoning
Regulations. This is an application to construct a 24' x 24' garage
within the side setback. WITHDRAWN WITHOUT PREJUDICE Case
08-20 on behalf of Garvin & Cindy McKee, property located at
9 North Main Street, Essex, CT, Assessor's Map 47 Lot 002, Village Residence
and Gateway district, requesting a Variance of Sections 40C, 40D, 40E,
40I.1, 50C, 50D, and 60B of the Essex Zoning Regulations. This is an
application to construct an addition onto an existing house that is
located in the Village Residence and Gateway districts and to construct
an addition onto an existing barn. APPROVED. Case
08-21 on behalf of Michael and Melissa Hannifan, property located
at 3 Crosstrees Hill Road, Essex, CT, Assessor's Map 70 Lot 31-1, Rural
Residence zone, requesting a Variance of Sections 40D, 40E, 50C, 50D
and 61B of the Essex Zoning Regulations. This is an application to construct
a garage addition on a corner lot. The coverage increases from 6.4%
to 9.8%. APPROVED Case
08-22 on behalf of Corporate Row Associates, LLC c/o Terrance D.
Lomme, Esq, property located at 134 Dennison Road, Essex, CT, Assessor's
Map 33 Lot 3, Commercial and Waterfront II zones, requesting a Variance
of Sections 40C, 40D, 40E, 40I.1 and 80C of the Essex Zoning Regulations.
This is an application to construct a 100 x 50' commercial structure
on a vacant lot that is located in the Commercial and Waterfront II
zones. DENIED. LEGAL
NOTICE OF DECISION September 16, 2008 The Essex Zoning Board of Appeals conducted a Public Hearing on September 16, 2008 at 8:00 p.m. in the Essex Town Hall. Members in attendance were Stu Ingersoll, Doug Demarest, Al Daddona, Alix Walmsley and Lynn Faulstick. Case 08-15 on behalf of Terrance D. Lomme, Esq. for Applesauce Acres LLC., property located at 99 Bushy Hill Road, Ivoryton, CT, Assessor's Map 60 Lot 2, Rural Residence Zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D, 61A.1(B), 61A.4 (Signs) and 61B of the Essex Zoning Regulations. This is an application to 1) rectify the fact that a portion of an addition to an existing barn is within the 40-foot front setback; 2) the keeping of commercial animals within 150 feet of a property line and; 3) the allowance of three signs greater than two square feet. GRANTED Case 08-17 on behalf of David and Linda Acheson, property located at 35 Main Street, Essex, CT, Assessor's Map 41 Lot 12 Village Residential Zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D and 60B of the Essex Zoning Regulations. This is an application to construct a garage/carriage house within the side setback. This application is tabled to the October 21, 2008 meeting. CONTINUED TO THE OCTOBER 21, 2008 MEETING. Case 08-18 on behalf of Michael and Melissa Hannifan, property located at 3 Crosstrees Hill Road, Essex, CT, Assessor's Map 70 Lot 31-1, Rural Residence Zone, requesting a Variance of Sections 40D, 40E, 50C, 50D and 61B of the Essex Zoning Regulations. This is an application to construct a 28' x 38' garage addition on the corner lot. The coverage increases from 6.4% to 9.4%. WITHDRAWN Respectfully
submitted, LEGAL
NOTICE OF DECISION August 19, 2008 The following decisions were rendered at the Essex Zoning Board of Appeals Public Hearing on August 19, 2008 at 8:00 p.m. in the Essex Town Hall: Case 08-14 on behalf of Ivoryton Congregational Church, property located at 57 Main Street, Ivoryton, CT, Assessor's Map 41 Lots 16 & 17 Village Residential Zone, requesting a Variance of Sections 40D, 40E, 50C, 50D and 60A.4 of the Essex Zoning Regulations. This is an application to construct a sign that is 17.5 square feet. GRANTED Case
08-16 on behalf of Lawrence D. Athay, property located at 51 Main Street,
Essex, CT, Assessor's Map 47 Lot 19 Essex Village Zone. This is an application
to allow the reduction of the required parking spaces for a food services
operation. Respectfully
submitted, LEGAL
NOTICE OF DECISION July 15, 2008 The Essex Zoning Board of Appeals conducted a Public Hearing on July 15, 2008 at 8:00 p.m., Essex Town Hall. The following decisions were made: Case 08-12 on behalf of Jane Siris and Peter Coombs, property located at 127 River Road, Essex, CT Assessor's Map 4 Lot 2 RRR Zone, requesting a Variance of Sections 40C, 40D, 40E, 40 1.I, 50C, 50D and 64B of the Essex Zoning Regulations. A variance was granted in 2006 for several additions onto an existing house. A side deck with a ramp as been expanded closer to the front property line than was originally approved. APPROVED Case 08-13 on behalf of David and Linda Acheson, property located at 35 Main Street, Ivoryton, CT, Assessor's Map 41 Lot 12 VR Zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D and 60B of the Essex Zoning Regulations. This is an application to construct a garage/carriage house within the side setback. DENIED WITHOUT PREJUDICE. Respectfully
submitted, LEGAL
NOTICE OF DECISION May 20, 2008 The following decisions were reached by the Essex Zoning Board of Appeals at a Public Hearing which was conducted on May 20, 2008 at 8:00 p.m. at the Essex Town Hall. Case 08-06 on behalf of CBI Acquisitions Corp./Ian S. Phillips, property located at 46 Main Street, Ivoryton, CT, Assessor's Map 56 Lot 11, Village Residence and Rural Residence zones, requesting a Variance of Sections 40D, 40E, 50C, 50D and 60A.2 of the Essex Zoning Regulations. This is an application to construct a new structure that would contain ten-guest rooms. APPROVED Case 08-07 on behalf of Richard W. Gates, 81 Main Street, Centerbrook, CT, Assessor's Map 43 Lot 10, VR zone, requesting a Variance of Sections 40D, 40E, and 45D.2 of the Essex Zoning Regulations. This is an application to allow a customary home occupation in an accessory structure which may house an accessory apartment if approved by the Zoning Commission under the Special Exception process. APPROVED Case 08-08 on behalf of David Evangelisti, property located at 42 Grandview Terrace, Essex, Assessor's Map 27 Lot 107, VR zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D and 60B of the Essex Zoning Regulations. This is an application to construct a 4.5' x 15.66' addition that replaces a 3.5' x 9.5' stair landing. The proposed setback from the side property line is 13'10". The height of the addition is 19.5'. APPROVED Case 08-09 on behalf of Dr. Edward S. Tucker, property located at 67 North Main Street, Essex, CT, Assessor's Map 28 Lot 70, VR zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D and 60B of the Essex Zoning Regulations. This is an application to construct a one-bay garage within five Feet of the north side yard and 22' from the east side yard. The proposed height of the garage is 12'6". DENIED Case 08-10 on behalf of William M. Tait, property located at 4 Oak Drive, Centerbrook, CT, Assessor's Map 66 Lot 8, Rural Residential zone, requesting a Variance of Sections 40D, 40E and 61B of the Essex Zoning Regulations. The application is for a 408 s/f deck which increases the coverage from 8.1% to 9.3%. APPROVED
Stella
C. Beaudoin LEGAL
NOTICE OF DECISION May 20, 2008 The
Essex Zoning Board of Appeals will conduct a Public Hearing on May 20,
2008 at 8:00 p.m. at the Essex Town Hall. Case
08-02 on behalf of David Lyon Smith, property located at 52 Saybrook
Rd., Essex, CT, Tax Assessor's Map 46 Lot 61 Rural Residence Zone, requesting
a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D, and 61B of the
Essex Zoning Regulations. This is an application to reconstruct and
enlarge an existing 24' x 24' garage within 23' of the north rear property
line and within 26' of the west side property line. Case 08-06 on behalf of CBI Acquisitions Corp./Ian S. Phillips, property located at 46 Main Street, Ivoryton, CT, Assessor's Map 56 Lot 11, Village Residence and Rural Residence zones, requesting a Variance of Sections 40D, 40E, 50C, 50D and 60A.2 of the Essex Zoning Regulations. This is an application to construct a new structure that would contain ten-guest rooms. Case 08-07 on behalf of Richard W. Gates, 81 Main Street, Centerbrook, CT, Assessor's Map 43 Lot 10, VR zone, requesting a Variance of Sections 40D, 40E, and 45D.2 of the Essex Zoning Regulations. This is an application to allow a customary home occupation in an accessory structure which may house an accessory apartment if approved by the Zoning Commission under the Special Exception process. Case 08-08 on behalf of David Evangelisti, property located at 42 Grandview Terrace, Essex, Assessor's Map 27 Lot 107, VR zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D and 60B of the Essex Zoning Regulations. This is an application to construct a 4.5' x 15.66' addition that replaces a 3.5' x 9.5' stair landing. The proposed setback from the side property line is 13'10". The height of the addition is 19.5'. Case 08-09 on behalf of Dr. Edward S. Tucker, property located at 67 North Main Street, Essex, CT, Assessor's Map 28 Lot 70, VR zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D and 60B of the Essex Zoning Regulations. This is an application to construct a one-bay garage within five feet of the north side yard and 22' from the east side yard. The proposed height of the garage is 12'6". Case 08-10 on behalf of William M. Tait, property located at 4 Oak Drive, Centerbrook, CT, Assessor's Map 66 Lot 8, Rural Residential zone, requesting a Variance of Sections 40D, 40E and 61B of the Essex Zoning Regulations. The application is for a 408 s/f deck which increases the coverage from 8.1% to 9.3%.
Stella
C. Beaudoin LEGAL
NOTICE OF DECISION April 15, 2008 The following decisions were made at a Public Hearing which was conducted by the Essex Zoning Board of Appeals on April 15, 2008 at 8:00 p.m. at the Essex Town Hall: Case 08-02 on behalf of David Lyon Smith, property located at 52 Saybrook Rd., Essex, CT, Tax Assessor's Map 46 Lot 61 Rural Residence Zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D, and 61B of the Essex Zoning Regulations. This is an application to reconstruct and enlarge an existing 24' x 24' garage which was built around 1950. The coverage is 3.1%. This case is continued to the May 20, 2008 meeting. Case 08-04 on behalf of Martin Griswold, Essex Paddle Tennis Club, Inc., property located at 112 Westbrook Rd., Essex, CT Assessors Map 53, Lot 21-2, Commercial and Rural Residential Zone, requesting a Variance of Sections 40L, 40C, 40D, 40E, 40I.1, 50D and 61B of the Essex Zoning Regulations. The Essex Paddle Tennis Club was granted a variance for coverage in 2005 to construct a third tennis court. This is an application to enlarge their warming hut from 240 s/f to 593 s/f. Coverage would increase from 8.9% to 9.5%. VARIANCE GRANTED Case 08-05 on behalf of Penny Parker, property located at 28 Crosstrees Hill Road, Essex, CT, Assessor's Map 70 Lot 17 Rural Residential Zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D, and 61B of the Essex Zoning Regulations. This is an application to construct dormers onto an existing roof. Since the front of the house is within the 40' front setback, any change in the current roof line is considered an increase in the nonconformity. The dormer will not increase the overall height of the existing roof which is 20.5' in the front and 27.5' on the rear walkout. VARIANCE GRANTED
Stella
C. Beaudoin LEGAL
NOTICE OF DECISION The Essex Zoning Board of Appeals conducted a Public Hearing on March 18, 2008 at 8:00 p.m. at the Essex Town Hall. Members in attendance were Stuart Ingersoll, Alix Walmsley, Doug Demarest, Seth Fidel, Al Daddona, Lynn Faulstick and Bill Doane. The following variances were granted:
The Variance was granted based on the hardship of the topography of the lot which predates the zoning change. This Variance is granted with the stipulation that the second floor of the garage will never be utilized as a bedroom. This Variance is granted in accordance with the drawings presented at the February 2008 Public Hearing. Case 08-03 on behalf of Todd and Patti Maynard, property located at 50 Laurel Rd., Essex, CT, Tax Assessors Map 27 Lot 124 Village Residence Zone, requesting a Variance of Sections 40D, 40E, 50C, 50D, and 60B of the Essex Zoning Regulations. This is an application to construct a 15' x 15' addition around a hot tub. The coverage increases from 8.3% to 9.1%. The addition is not within any of the setbacks. The approval of the Variance is based on hardship of the topography and the wooded nature of the lot. There exists a minimal coverage issue and an honest misunderstanding of the regulations.
Stella
C. Beaudoin LEGAL
NOTICE OF DECISION A Public Hearing was conducted by the Essex Zoning Board of Appeals on February 19, 2008 at 8:00 p.m. at the Essex Town Hall. The following decision was made: To deny an appeal by Patrick Gingras from a decision of the Essex Zoning Enforcement Agent to issue a zoning permit to Trust LLC for a property located at 6 North Main Street, Essex, CT, Tax Assessor's Map 31 Lot 24. The appeal was denied based on the fact that evidence heard at this hearing revealed that the building conforms with the applicable zoning regulations. Case 08-01 on behalf of Edward and Elizabeth Burleson, property located at 33 Maple Ave., Essex, CT, Tax Assessor's Map 16, Lot 26 Village Residence Zone, requesting a Variance of Sections 40D, 40E, 50C, 50D and 60B of the Essex Zoning Regulations. This is an application to construct a 25.6 x 24' garage onto an existing house. The coverage is currently 8.5% and will increase to 10%. The proposed structure is not within any of the setbacks. CONTINUED TO THE MARCH 18, 2008 MEETING. Respectfully
submitted, LEGAL
NOTICE OF DECISION A Public Hearing was conducted by the Essex Zoning Board of Appeals on December 18, 2007 at 8:00 p.m. in the Auditorium of the Essex Town Hall. Case
07-36 on behalf of Rebecca M. Thompson, property located at 27A
Maple Avenue, Essex, Assessor's Map 17 Lot 16, VR Zone, requesting a
Variance of Sections 40B.1, 40C, 40D, 40E, 40G, 40I.1, 40L, 40R, 50C,
50D, 60B and 61B of the Essex Zoning Regulations. This is an application
to construct a single family house on a nonconforming rear lot. The
proposed house is 28' x 44' with an attached 24' x 24' two car garage.
The house and garage height will not exceed 30'. The 28' width requires
a five foot variance to both east and west side setbacks. The proposed
coverage is 10.9%. This Case was Continued from the November 20, 2007
Public Hearing. CONTINUED Case
07-38 on behalf of Eric and Sharon Koch, property located at 34
Melody Lane, Ivoryton, CT, Assessor's Map 89, Lot 39, RR Zone, requesting
a Variance of Sections 40C, 40D, 40E, 40I, 50C, 50D and 61B of the Essex
Zoning Regulations. This is an application to construct a single- family
house on an existing lot. The proposed attached garage is within 15
feet of the rear property line and within 20' of the front property
line. The proposed coverage is approximately 6%. This Variance was granted
based on the infringement on the setbacks due to the odd shape of the
property. The garage is located in the only area available in order
to avoid the septic system and the drainage line that goes through the
property. This lot pre-exists zoning. The Variance is granted in accordance
with the plans submitted with the application dated November 19, 2007.
GRANTED Case
07-39 on behalf of Standard Petroleum, property located at 23 Main
Street, Centerbrook, CT, Assessor's Map 44 Lot 6, Commercial Zone, requesting
a Variance of Sections 40D, 40E, 40I.1, 50C, 50D and 80C of the Essex
Zoning Regulations. This is an application to allow a satellite dish
on a previously approved gasoline station canopy (18.5' tall) approximately
20 feet from the front property line. This Variance is granted on the
basis of the insignificant increase in height. The hardship surrounding
this application is the building, the gas tanks, gas pumps and canopy
currently exist. The canopy exists in the current location under the
approved 1990 Variance. Modern gas pumps require a satellite antenna
for credit card payments. The antenna is allowed under the current regulations
per height, but the entire canopy is in the set-back area. The upgraded
roof on the main building makes relocation of the antenna difficult.
The Variance is granted in accordance with the plans submitted. GRANTED Case
07-40 on behalf of Herbert T. Clark, III/DEMCO LLC, 51 Main Street,
Centerbrook, CT Assessor's Map 44 Lot 41, Commercial Zone, requesting
a Variance of Sections 40D, 40E, 50C, 50D and 80C of the Essex Zoning
Regulations. This is an application to construct a 4' x 31' handicap
accessible ramp onto what was the Centerbrook Congregational church
building. The ramp increases the coverage from 22.5% to 23%. This Variance
is granted based on the fact that the ramp is not located within any
setbacks. This proposal will bring this public building to code per
the American Disabilities Act and the infringement on the coverage is
minimal. The hardship is that any enforcement of the Zoning Regulations
would eliminate any improvements on the building itself. This Variance
is granted in accordance with the plans submitted on November 19, 2007.
GRANTED Case 07-41 on behalf of A.J. Shea Construction for Robert and Barbara Donahue, property located at 25 Mallard Point Road, Essex, CT, Assessor's Map 71 Lot 11-1, RR Zone, requesting a Variance of Sections 40D, 40E, 50C, 50D and 61B of the Essex Zoning Regulations. This is an application to construct a small addition and to add onto an existing deck of a house that was built in 1977. The area will be increased by142 s/f which increases the coverage from 8.18% to 8.51%. This Variance is granted on the basis that the house was built when 15% was the required area coverage and applying the required 7.5% limitation would be unreasonable for this application. This Variance is granted in accordance with the plans as submitted on November 26, 2007. GRANTED Respectfully submitted, Stella
Beaudoin |
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