Zoning Board of Appeals - Regular Meeting

30. It's still Thursday. Okay. We're going to call to order the the uh public hearing. No, the zoning board of appeals meeting for Thursday. Are you are you recording? Oh, still recording. Okay, great. still called the zoning board of appeals regular meeting for Thursday, April 16th, 2026 at 6:30 p.m. Um, and in attendance we have Nick Fton, Kip Codson, Nancy Hutchinson, Stephanie Me, Russell Fog, Kathleen Tracy, Eric Dapling's coordinator. Okay. And um let me just skip

uh absent is Michaela Pearson and alternate Richard Porsmeer and Amy Clerk Amy sorry Amy Huitt Z clerk and so seated for today's meeting will be myself Kip Codson Stephanie Mikl Russ Fog and Kathleen Tracy. Okay so just to facilitate the review I always give a little instructions to applicants. Though uh please provide the evidence that an unusual and unnecessary hardship exists based on strict application of zoning regulations due to some peculiar condition of the property itself and that the condition does not generally affect other properties in the district. Whether any reduction in legal preconformity is proposed. The evidence that the variance requested are the minimum necessary to alleviate the hard unusual hardship and allow reasonable use of the property and the evidence that the variances requested are in harmony with the intent and purpose of the zoning regulations and the comprehensive plan of zoning. Now, originally on the agenda was, you know, the first case was 21-62302 Ferry Road. However, we now have an uh consent of the applicant to delay the opening of the public hearing to May 21st, 2026. So, that we're not doing that case today. So, moving along.

So, we don't have to do a motion or anything on that. It's just to delay the opening. Okay. All right. Thank you. And we have it in writing. Okay. Okay. So then uh so the next case the second case on the agenda is 26-381 Boston Post Road. The applicants seeking to elevate non-conforming dwelling on non-conforming non-conforming C30 block 4T on new foundation Mercury Judson Ripley applicant. Um and oh looks like someone's coming. Yeah. Okay. Uh because I want before we begin I was supposed to ask does somebody have the the uh the EV the documentation on the completing the required uh

mailing talk somebody bring a copy of certificates of mailing in this evening. Um I only have a receipt. Yeah that's that's that's what we need. Okay. I have text confirmation from my neighbor. Does she receive a letter? Have the receipt of the um how many were sent out at 390? Um five. Okay. Um and do you need the list of abutters?

Yeah. The certificate of was this sent out by first class or certificate of mailing. This is who we sent it to. And again, was this sent by certificate of mailing or just by first class mail? I believe it was just first class. Yeah, that's the problem. By regulation has to have been sent out by certificate of mailing. That's why you don't have actually for ZVA it's a procedure. It's not a regulation. It's just the the process is that they need to send a certificate of mailing out within within days of we did um

okay we ran through the list of um I think that's the process and we didn't read anything about why don't we why don't you I do have um all of a copy of you know what we sent out to everyone I have a copy of everything you sent out and then the receipt the, you know, of us uh mailing it. It's the stamps basically. And then this is the letter that we sent out. Um we sent out this letter plus the um notice of public hearing, the legal notice. Okay.

Yeah. So I guess um since for for ZVA it's a it's a procedure it's not procedure not a regulation then she should be I would let her go forward I think so is everyone on the board okay with that she has she had what what she said first class mail instead of certificate of mailing to the neighbors yeah I'm not really concerned she has documentation that it went out and and the date it went out this was on the 4th April before. Okay. So that's more than 10 days before the meeting. Yeah, it is. Okay. Thank you. So we'll add this. I'll put this as exhibits in the case file.

So the exhibit exhibit one is the receipt from the US Postal Service. And then exhibit two is the list of the butters that they sent it to. Okay, this goes in the file. Okay. All right. Thank you very much for that. We like to get these things out of the way. All right. So, um, with that in mind, so the Okay. Well,

the applicant is requesting uh variance section 8.8.7 minimum street setback 60p required. However, I did ask the zoning enforcement officer because you're expanding a non-conforming structure, you may also need a variance to section 9.3.1. It just says um no enlargement of a non-conforming structure unless enlarged portion complies with regulations. And so I don't think it really changes your application at all, but it just helps if you can say to come up here. So you have to sit over here. No, no, no. That way we can get you on the mic. When you're up, you come up. You're up. You're up. You're up. Okay. Got it. Got it. Very well.

So, if you could just say for the record, you amend your application to also request section 9.3.1. That would be helpful. Okay. Yes, we will amend our application to request variance 9.3.1. 9.3.1. And could you, now that you're up here for the record, say your name and uh and your affiliation on on the record. My name is Katherine Santos Young and I am the principal architect at Tama Architecture. Thank you. And you are? I'm Mercury Judson Rivly. I'm the owner. Thank you very much. All right. We got most paperwork out of the way. Yeah.

All right. So, um, now the floor is yours. So, you can, uh, you know, present what you would like and and that would be very helpful. Yeah. So, everyone should have a copy or Yes. Anything that's been submitted, we have. I didn't actually get those in. I didn't get them sent to me. I only got the two letters from U Oh, really? Yeah. I didn't Okay, I do have I'll pay attention. I'll pay close attention. I'll slip over. Yeah. Come on up. I do that anyway. Yeah. Yeah. I'm not I'm not afraid.

Switch chairs. Yeah. Can slide one out of usual friendly here. So this is um the existing survey and as you can see it actually the property consists of two parcels and the house sits right in the middle uh of the two parcels. Um the setback is over here I believe. I think you could see that here. Yeah. So this dash line um is represents the setback. So basically the entire house

the entire house. So this this this red dotted line is the existing footprint and we're basically taking an existing footprint. We're raising it up four feet. Um, and then adding a porch to the end, still, you know, basically a within, you know, the extents of um, the old deck. Um, and then reconfiguring the roof on this side. Otherwise, you know, everything's staying the same. We're also adding an entry here and here

and removing the there's a little sun porch on the back that we're going to remove. So I I don't know if it's not you're Why are you raising it up 4 feet? The Well, first the foundation is completely gone. It's It's just a pure pier and beam foundation. Yeah, it's all dirt under here. Okay.

Not usable. Um, and it's such a tight property and in order, you know, we had talked about, you know, doing a garage and it's just so tight the you were limited that adding the raising the house and adding the foundation, the a full basement was going to Okay. fix our issues with storage. The other issue is it was built as a summer cottage in 1942. Um, and so we were looking to um to gain a little bit more living space and we had explored the possibility of going up.

Um, but we were told that the the structure wouldn't support the second floor. And so given the the problems underneath with the the current foundation, it made sense to lift the house and replace the foundation and maybe go down and raise the house a little bit to gain a little bit more living space. Sounds like you're really trying to stay within the parameters. Yeah. Yes. So I'm gonna So do you have floor plans for that?

Yeah. So, I'm going So, we have a bunch of drawings here of existing and proposed, but I'm going to pop over to this one because this is a good like kind of like before after. So, this is existing. This is proposed. So, um again, this footprint remains the same. Um we are taking out all of this for a screen porch. Um, and then right now the entry is here, right into the existing screen porch. And so instead we're putting an entry here. So you're taking out that stone fireplace.

We're going to have to. Not in very good condition. You can't really raise it. Know if it's salvageable. Well, it sounds to me like So your hardship is that the existing house is almost completely in the front setback anyway. Yes. You can't really move it back because of the location of your septic systems and everything, the septic in the well. You're you're trying your best to stay within the parameters you can and raising it 4 feet by putting a new foundation which should improve the safety and structural soundness of the dwelling. Exactly. Is what you're proposing. Um which seems very minimal compared to your needs.

Yeah. Am I missing anything? Because of the setback, there's nothing they can do because because it's so close, right? And they're only asking what they do, they're going to have and the only variance they're asking for, they're they're under coverage. They're under floor area, they're under everything else, so the only variance you're asking for is the front setback, which you're going to have to get no matter what you do, anything. Okay. Wow. Yeah. So, you're not tricky, tricky, tricky, tricky. You're not increasing bedroom number having a whole another floor. No, it's not a whole another floor. It's a basement, but you said living area.

Well, it would it would give us um you know, give us some storage space. It would give us um space for the mechanicals. It would give us um there is a a bed I don't think. We're not increasing counts. So, that one piece coming off the side that's like a Bilco entry or something like that. Yeah, that's turning into an area that's more like an area away. Okay. Yeah. Will there be an outside like a type entry to the basement? It's all from the inside. There's a side entry. Okay. You'll see in the Okay. Yeah. So, this is the end the that area way that we're talking about right now.

And then on this side, it would look like this. Yeah. you would have steps going down into So, it's like a walk out basement. Yeah. Yeah. Yeah. Yeah. We got the same one over there. And so, yeah, this would um you know, allow for accessibility in the future. We could end up putting a ramp here and this could be an accessible uh bedroom.

So, so two of the bedrooms would move downstairs. um from where they currently are. There's a it's technically a threebedroom. The bedroom in the front of the house is really teenytiny. And so we would be trying to set it to an office. But still, even if you do that and make down downstairs living space, you go from 5.7% floor area to 12.1% floor, which is less than a 20%. Still so small. Yeah. That's Yeah. Because what what you don't want to have is something about your new plans that generates a new nonconformity. Yeah, that's good advice that you got. It was good. Very good. Good strategy. Good advice.

Greg and I spent a lot of time. Well, I mean, but we have to strive to be consistent about the way we review plans. And if that's been an issue on previous plans, it makes sense for us to have ask the question, you know, ask that same question. Yeah. All right. Um, so I don't have any questions. Do you have questions? Um, so, um, the neighbors looking out. I heard back from one. Actually, I heard back from the one who is the closest. She basically said, "Good luck at the meeting. I'd love to see the plans at some point." This this neighbor here.

Nothing on paper that you could submit. No, I have a text from her that says that she's got a yes one. She would like to see the pens at some point, but actually I think I stopped in I drove in their driveway to visit and they said, "Oh, they're going to ZVA today." So they just see I didn't because I didn't um so that's going away. All right. And that's mostly lawn down the hill to the pond. Yeah. So the um the lawn goes back and then it drops kind pretty sharply down goes down. Yeah. To the to the pond

in the back. And that's So the flattest piece of property is in the front step back. And it would be it would be very No, there's a deep it angles it angles towards the pond and the and down towards the neighbors on the other side and towards the well. Yeah. And then we have well and septic back there. Not messing with that. Well, these lines how it drops down. The only really flat area is up here. Yeah. All right.

Okay. I'm curious. Just curious about the two parcels of land with the house straddling. By zoning. What is that? By zoning, we consider them legally merged. So, even though it's That was That's a great question. Calls it merge. I call it merge. From my standpoint, that is one lot, right? Because otherwise that probably would have been something we'd require as a condition. Yeah. But that's already accomplished. Legally merged. It was administratively merged. The Yeah. The house is two non-conforming lots abudding each other owned by the same owner are by definition merged in our regulations. So um in this survey then this this line shouldn't be here. Yeah. That that line disappears.

Okay. All right. Okay. That's a good question. Yeah. I'm learning about things all the time. All right. Um, do you want to add anything else? It seems like you've thought this through. Very, very, you were very thoughtful about this. I really appreciate because we appreciate when people come in with a good plan instead of trying to shoot for the moon and then try to whittle back. This is this is the house the way it is and we're trying to maintain the the character of the house and the neighborhood and I think so.

Just to add an editorial comment, these two here have done a lot to make it so the applications come in in pretty good shape on the way in because they've given good advice to the applicants. Really appreciate that. Um all the documentation Greg and I would worked hard to sort of massage to get it where it is and we're happy with it. Yeah, it's frustrating for applicants to not be sure what the heck they're going to face when they walk in here. You've already gotten really good advice. Yeah, great. Thank you. That process application is fantastic. I wish every single township needs to do that. Yeah. All right. It's amazing.

All right. Well, thank you. We now need to open the to public comment. Would anybody like to comment on this application or against or just comment? Hearing no comments. Okay, we've had public comments. Okay, so with that, would anybody like to make a motion to close the public hearing for case 26-3181 Boston Post Road? So move. Kip. Second. Kathleen, I'm sorry.

Kathleen. All those in favor? I was opposed none. All abstaining none. The motion passed unanimously 5 to 0 to zero. Thank you very much. Now the public hearing is closed and back to your seat. You can fly back to your because we can't allow you to add anything at this point. Right. So only voting members may participate. Nick Kenny participate. No new information can be introduced um after the post public hearing but we may be able to ask staff a question procedural question.

So normally what we'd like to do is the board likes to discuss the evidence presented during the public hearing potential conditions of approval agreed by the applicant and potential reasons for granting or denying various motions. So I think they have a unusual hardship is that the existing house is completely within the setback on setback that you you would need a barrier to do anything. Well if you look the box itself that they could go into is very small and again you have the well and the septic. So this I haven't finished yet. I mean I'll this is when Kim would kick me under the table and say stop talking. You're written. That's all right. All right. But I try to do it slow so so Stephanie can write things down.

Well, I will be quiet and let you talk to Stephanie. Okay. Okay. You got that, Stephanie? Yeah. Okay. Um, they can't move it anywhere else in the property because the septic system septic system and the slope of the properties. I think they're they've what they're proposing is the minimum reasonable to allow reasonable use of the property because they don't they they're compliant with floor area and coverage and all and only and no other variances are requested. That's a big deal.

That's a big deal. There are no conditions of approval. I think it's in in harmony with the intent purposes because it fits with the neighborhood and is a very modest request. Yep. Yep.

Um I added one thing when you said um the slope septic and a well are in the behind the house. Yeah. Okay. That's all I have. Slope septic. Well, um prevent the house from being house further back. Yeah. Yeah. Okay. Okay. And the evidence presented during the public hearing and the reasons articulated by the board within the public hearing or voting session. Okay. Does anybody like to agree with those? Anyone want to add anything else? Okay. No. With that, would anybody Yeah. Would anybody like to make a motion to grant the requested?

Go ahead. Go ahead. Well, I was just say I want I I want to get all your verbiage, but I make a motion to grant a variance. Oh, we have to the motion. That's what I'm saying. Yeah, that's why I was waiting. Okay. The mot to grant the requested variances to section 8.87 87 and 9.31 to allow elevation of non-conforming dwelling on non-conforming C30 lot 4 feet on new foundation for site plan floor plans and elevation prepared by trauma architecture PC and dated February 13, 2026 and stance and signed by the ZBA chair. So moved. So that was Kathleen

second Russ. Okay. All those in favor? I opposed none abstaining. None. Motion passes nasty 500. Thank you for a wellthoughtout plan. It is so refreshing. Thank you. Good. All right. Well, it's quite clear and thank you. You've done an excellent job. Very good. Enjoy. All right. Thank you. And thanks for making the process, you know, really smooth. Anytime. Thank you. But thank you for making it very smooth. Yeah. It takes two to make it smooth. You guys Thanks a lot.

All right. So, moving on to the regular meeting. No old business. New business. There's a seat and setting of public hearings for new applications. Now, there is currently one case already scheduled for May, which is 30 Mile Creek Peak Road. 300 300 Mile Creek Peak Road. Um, and I think that one's still incomplete, but we we'll see. They haven't begun the process of applying for their B100A yet. So I I just don't know that they're going to be anything close to ready by then. Um and from what I understand from Ledgeite, I I'm not sure they have soils on that property they're going to work even when they do get around to applying to to for the B 100A. So there's a lot more work to come on that one between now and next month.

But it right now we have to put it on May. It's already been scheduled. We're going to they're insisting we we've advertised it and open the hearing, but we'll see what we get. And we can't postpone ourselves anymore unless they There's And there's one new case, Three Cypress. Oh, Three Cypress. I forget if it's Avenue or Road or whatever. Three Cypress something. The applicants propose the demolition of existing three-bedroom dwelling and construction of a new FEMA compliant fourbedroom dwelling on the same footprint and a deck within the 50 foot Tyler wetland buffer. A coastal site plan review application was also submitted. So it looks like it's a complete application. So I think we should receive it and schedule for the May.

What's the address on that? I couldn't hear you. Recyclish. Okay. Does everyone agree to that schedule for me? Okay. and we'll find out what's happening with 302 Ferry Road. So, it might be anywhere from one to three cases a day.

Okay. All right. And then, uh, information correspond to announcements. Just a reminder, we have a special ZVA meeting on April 30th. I'll send some review materials out well ahead of that time so people can review it before the 30th. And we'll have uh Sylvia also review it, too. So our day attorney will have input into our guidance having input into the zoning regulations. I will warn you that maybe the night my wife is coming home from the hospital. So we'll just have to play that by ear. Okay. My wife is at Milo at the moment. She may be coming home that night. If she is, I will I will leave be with her on the night she comes home. Of course. Well, Sia here.

No, I understand it. We're we're playing a bite. I will let give you better information when I have it. Okay. And I thank you for even being here tonight. So that's that's our meeting for dealing with the uh regs. Right. Exactly. I'm going to send some because we decide to focus on the ZVA chapter, the flood zone, and if we have time, the nonconformity. So I'm going to send some information about just those chapters. And again, everybody has the new book here. So Michaela, does she get it? Did she get it? Uh she hasn't gotten it yet. She's in Greece, but we will give it to her when she gets back. Okay.

All right. So then um then just we're reminded of that and then also to talk about the May meeting. So it turns out that both Stephanie and I are away for the May meeting. So we're going to ask our vice chair Kip. Who's the secretary? M uh so Michaela will be here. Okay. So did she just put an unhappy face? I think I did last time. I think I did last time but Amy might be here. Well, Amy, we'll see if Amy's here. Yeah. So, Michaela will be back. You're still going to need two two alternates. Two alternates. So, right. Uh what's his name? Heard

he should be up first. If is he going to be here? I don't know cuz I only know he's not here this month. Right. So, I think the rotation would be next Nick, then Richard, then you. Yeah. And if Richard doesn't show Yeah. I'll be here. Yeah. Exactly. That sounds good. I just want to make sure that everybody knows about that. So, we're Kip will be acting chair, Michael will be acting secretary, and hopefully everyone else will attend. Okay. Um, and oh, just the reminder, the 4-hour training required. I sent a note out the other day about some training for the new people. I don't know if you had wanted to register.

You sent what? You sent it in an email. Yeah. Am I Why am I not getting emails? This is very I just texted Craig. He says, "You're not you're not getting kicked back." So, they're going somewhere. Okay. Which which email do you want? Because you have Kathleen some Captain Tracy 5gmail.com. Yeah. All right. Let me just see. Uh you sent it. Okay. Nancy. Yes. It would have come from zoning chair. Zoning chair. All right. Let me write that. So, when did that email go out? yesterday. Yesterday, I think I afternoon. I wasn't here when it came in, but I responded to it when I came in when I came in this morning.

Right. Right. I saw that. And there's a it cost $45 to to uh reply to to register for some of them, but the town will reimburse you the $45. Anyway, so I just those are ones that are have coming soon. There'll be some more in the fall and there's some online, but I just wanted to make sure people were aware of them. So, that one that you sent out is a go-to place. Is it? It's in um It's a go to It's I think it's in Hatam or should be in Hatam. It's at the extension. It's a very It's not that far away. It's a really nice place. It's It's a It's a good location. I don't have that. I don't have that either. Yeah. Is it under your name?

No, it's under chair old line ZV ZDA. Do you get any emails from us? I should, but wait a minute. Okay, I'll I'll do a test email. I'll do it from my personal email and I'll do it from the old line ZVA's email and see if you get both of them or not. If the issues come up, could I switch the email that you guys are sending things to cuz that's one I don't use for anything else except for zoning and taxes at this point.

Okay. probably for the best because if there's ever a foyer issue then anything else we can only look at what's in the box. So for people a lot of people send up special emails that are just for zoning so that you know we don't get to look at anything else. Okay. Why don't why don't people do this? Why don't people email me from the email they want to be used? Okay. Everybody email me from the email they want to be used and I will make sure that everything's updated in mine. Okay. And also I'm getting them. Okay. And so you want it at the Nancy? No. Ozba. It comes on old line ZBA. Yes.

Do you ZVA? So I have NH Dunn. That's my personal email. You want it old line ZBA? That's who you want me to send it to? What do you want me? No. No. I want why you don't send to my personal Hutchinson.com because if there's something wrong with the talent website, I don't want that to be the problem. I'm going to put it in both. I'm just going to send it to both. Send the both. That's that's even better. Send both. Make sure. Yeah. Right. Yeah. And what's the what's the full address on that? Ozba. It's the full address is chair zba at old lime one wordct.gov.

Um I'm sorry. Cheers. Okay. Did you say there was a for that? So So okay, let's do it slow. Okay. Okay. My official email address to the town is chair zba at Old line one word hyphen CT line I put the space back. Okay. Old blind dashyct.gov. That's one you should be getting.

I sent I sent mine to that one. It came right up. And I also sent your personal. Yes. And my personal one is Hutchinson Dunn. Du n with a third N for Nancy. Hutchinson Dunn Ngmail.com. Invalid address. The last one I got from that email, the chair one was March 18. So there's no spaces in No, I I've got it in here. I have, you know, is it caseensit line-ct.gov. I have I have that your email right in here. It's okay. But what I'm saying is I put that in and I'm um looking for it

and it's the last email I got from that account was March 18th. I know check by chance. I'm gonna Yeah, I often do that. But what I'll do is what I will do is because I'm I check to make sure that it says Kathleen Tracy 5 that you know. Oh yeah, because I know that's your email. And I also but sometimes in the town website email it comes up something else and then I had to change it to that. So I'm just going to eliminate my mailing list and just start it fresh. So whatever you guys send me that's what I'm going to use. Okay. chair old line my

at 15 years ago. They switched over.org. Now it's elps.gov. That screwed me up so many times in my life because I'm like trying to interact with them. I'm like give my current address and everything comes forward. I'm in my trash folder, my spam folder and I don't I don't have it there either. And they don't know who the hell I am. So, I've had so many screw- ups on that. It's like, oh my god, that's old enough. It's the old address. Oh, I did not. Okay. But anyway, we'll we'll work on that and we'll check the modern world.

The spring webinar commissioner training opportunities in my spam folder. Okay. Says, you know, this looks dangerous. I said look safe. I hit look safe. So, okay. That So, that's that. So hersam spam because I was forwarding something. Okay, that's what had happened. Okay. All right. So anyway, so that's to my check spam. Check spam. So then no correspondence and announcements. Uh and would anybody like if there nothing else to topic, we'll do the clear up people's emails. If nothing else, we're going to anyone want to approve uh make any amendments to the minutes for the March 19th meeting? Good to go. That's good.

Okay. Would any like to make a motion to approve the March 19th, 2026 CDA meeting? So moved. Kip. Anybody seconded? Who was at the meeting? Stephanie. Stephanie. All those in favor? I. All those opposed? None. None. Motion. I'll abstain because I wasn't. Oh, that's right. That's right. One abstain. So the motion passed 4 to 0 to one. That's the way it works, right? Yes. Okay. 401. Okay. If there's nothing else, would anybody like to make a motion to adjourn the meeting? It's too early. I make a motion.

Second. A second. If nobody else and Kathleen got in there first. All those in favor? I 705. Opposed? None. Abstaining. None. pass five to zero to zero. Man, that's a record.