Zoning Board of Appeals

CITY OF WEST HAVEN, CONNECTICUT Zoning Board of Appeals Planning & Development Department • City Hall • 355 Main Street • 1st Floor West Haven, Connecticut 06516 Phone 203.937.3580 • Fax 203.937.3742 CITY HALL 1896 -1967 John Clifford, Chairman Chuck Zentarski, Alternate Ed Wise, Commissioner Rich Deleo, Alternate Brent Coscia, Commissioner open, Alternate Carol Porto, Commissioner Brian Miller, Consultant Aleshia Caple, Commissioner Catherine Conniff, Asst. City Planner Stephen Hotchkiss, Zoning Enforcement/ Inland Wetlands MEETING MINUTES OF ZONING BOARD OF APPEALS SEPTEMBER 20, 2023 The West Haven Zoning Board of Appeals held a Public Hearing and Regular meeting on Wednesday, September 20, 2023, in the Harriet North Room, Second Floor, City Hall, 355 Main Street, West Haven, CT at 6:30 P.M. PRESENT: Commissioners Clifford, Carol Porto, Coscia, DeLeo, Caple, ZEO Hotchkiss, and Assistant City Planner Conniff. Absent were Commissioners Wise and Zentarski. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Commissioner DeLeo made a motion to approve the minutes of the Regular Meeting and Public Hearings of August 16, 2023, seconded by Commissioner Caple and passed. CONTINUATION: 31 Woody Lane: Variances are requested to allow construction of a 40’ X 34’ single family home with a garage underneath on a vacant lot that is the same general size as 26% of the lots, has 33% of lot depth, and 33% of lot frontage where 75% is required and use an alternative front yard setback in a R2 (Single Family Detached Residence) zone under Sections 47.2 and 10.7 of the City of West Haven Zoning Regulations. Owner/Applicant: Country Hill Development, LLC File # 043-23 V Anthony Cordone, 3 Allings Crossing Rd., West Haven, stated this application is to construct a single-family home. In 1926 this property was in a A zone and approximately 7500 sq. ft. In 2006 regulations were changed requiring 16,000 sq. ft. which makes 90% of the lots in West Haven non-conforming. This lot was formed way before this regulation change. This property would be in the development pattern of the neighborhood. A letter from the Assessor was submitted stating this lot has been taxes as a building lot. In 2010 and 2019 there have been five other lots approved as non-conforming. Ms. Conniff read comments from the Police Department, Town Engineer, Fire Marshal and Deputy Assessor. Mailings have been submitted to the file. Three calls were made to speak in favor and three calls were made to speak in opposition of this application. 1 Mary Galvin, Retired State’s Attorney, 2 Phipps Dr., stated this lot is a non-conforming use. A neighbor was turned down to build a garage on this lot. Is concerned about the esthetics of the neighborhood and the wildlife by granting this variance. A neighbor is concerned about his trees being destroyed. Lorraine Burrell, 280 Phipps Dr., in opposition, will change the neighborhood and the lot is small and a house will be too close to the road. Glenn Burrell, 280 Phipps Dr., is in opposition and would like the commission to look at the lot. Lynn Schuler, 275 Phipps Dr., asks where on the property a house will be located. Anthony Cordone stated all the properties around the lake are non-conforming. He spoked with the neighbor regarding his trees and the neighbor expressed replanting. As far as building a garage, the property is not zoned for a garage. Two houses across the street are on the street line and the other 5 ft. from the street line. PUBLIC HEARING: 307 Center Street: A request to mount solar panels which will be visible from the street to allow for maximum sun exposure in the VDO (Village District Overlay) under Article 2 Section 21.5 b VI of the City of West Haven Zoning Regulations. Owner: Tu Minh Nguyen / Applicant: Renee Mislivets- PosiGen Developer, LLC. File # 047-23 V Rebecca Williams, Wethersfield Ct., representative from Mislivets-PosiGen Developer stated this application is for 16 black solar panels to be installed on this home. The two on the front should not be seen but she is not sure. The town can confirm that. Mr. Hotchkiss stated the mailings were submitted to staff. Comments were read into the record from the Building Official and City Engineer. Three calls were made to speak in favor and three calls were made to speak in opposition of this application. 530 Ocean Avenue: A request for a Special Use Exception to permit a short-term rental in accordance with the West Haven Zoning Regulations in a Single Family Detached Residential (R2) zone. The request is under Article 2 Table 39.1 of the City of West Haven Zoning Regulations. Owner/Applicant: Michael & Stacie Skryz. File # 048-23 V Michael & Stacie Skryz, owners, stated they live permanently in Massachusetts. Rental agreement documents were submitted as documentation. There is plenty of parking available on the property and across the street. Due to homeowner’s insurance, no more than 14 weeks can be rented. The owners stated they have people in place to be around in the event of issues and parking has been limited to a specific number of cars. Mr. Conniff read comments from the City Engineer, Building Official, Fire Marshal and Attorney Amendola stating there is no special exception approval for this property. Ms. Conniff stated a cease and desist was issued due to no special exception approval. The property owners did come in immediately. Attorney Vincent 2  CITY OF WEST HAVEN, CONNECTICUT Zoning Board of Appeals Planning & Development Department • City Hall • 355 Main Street • 1st Floor West Haven, Connecticut 06516 Phone 203.937.3580 • Fax 203.937.3742 CITY HALL 1896 -1967 John Clifford, Chairman Chuck Zentarski, Alternate Ed Wise, Commissioner Rich Deleo, Alternate Brent Coscia, Commissioner open, Alternate Carol Porto, Commissioner Brian Miller, Consultant Aleshia Caple, Commissioner Catherine Conniff, Asst. City Planner Stephen Hotchkiss, Zoning Enforcement/ Inland Wetlands Amendola, Jr., is representing Frank D’Auria who owns 33 South St. Attorney Amendola submitted photos showing South St. and the property, a deed from 1911 and photo of a curb cut on the right of way. He explained how the right of way was granted to the owners of adjacent properties and questions whether commercial parking is allowed in the South St. Parking area. Frank D’Auria stated his property has been used to park guests for 530 Ocean Avenue. He objects to the guests driving to his yard to get to the back lot and would like his privacy from this rental and would like a fence installed which is not part of this application today. He also said the renters go his property to smok Mailing were submitted to the file. Donna Reaza, 35 Chestnut St., stated when she walks up South St. she has to be more diligent due to cars parking there. She would also like to see a fence and no parking in the rear at all since there are spaces in front. Also concerned about whether the Arbnb is up to code. Three calls were made to speak in favor and three calls were made to speak in opposition of this application. Mr. Skyrz stated they are here to work with the neighbors and they are willing to designate a smoking area on the outside of their property. 19 Down Draft Circle: Variances are requested to permit a front yard setback of 28’ where 30’ is required and a side yard setback of 8’where 15’is required to enlarge an existing attached garage and convert area to living space in a R2 (Single Family Detached Residence) zone under Table 11.1 of the City of West Haven Zoning Regulations. Owner: Steven Saldibar /Applicant: James McMinn File # 049-23 V Ms. Conniff stated the applicant is Jennifer Salibar, executor. Applicant James McMinn, 86 Yates St., West Haven and Don Carlucci, owner, are looking to convert the existing garage to make more living space. Mr. Carlucci said this application is for him and his wife to move in with his daughter to help her. Three calls were made to speak in favor and three calls were made to speak in opposition of this application. Attorney Vincent Amendola, West Haven, Ct., is in favor. 3 Deliberation on Public Hearing: 31 Woody Lane File # 043-23 V Commissioner Coscia made a motion to approve File #043-23 V with the condition that construction will be completed one year from groundbreaking and to replace neighbor’s trees if they are removed, seconded by Commissioner Roll call was called. Commissioners discussed that this lot has been taxes as a building lot for many years. Roll call was called. File #043-23 V approved with condition 5 – 0. Deliberation on Public Hearing: 307 Center Street File # 047-23 V Commissioner Coscia made a motion to approve File #047-23 V, seconded by Commissioner DeLeo. Roll call was called. File #047-23 V approved 5 – 0. Deliberation on Public Hearing: 530 Ocean Avenue File # 048-23 V Commissioner Coscia made a motion to approve File #048-23 V with the conditions the fire pit to be removed, parking only in front and a designated smoking area, seconded by Commissioner Porto. Commission discussed the applicant’s cooperation and the commission needs to follow the regulations but there are no guarantees. Roll call was called. File #048-23 V approved with conditions 4 – 1 (Coscia). Deliberation on Public Hearing: 19 Down Draft Circle File # 049-23 V Commissioner Coscia made a motion to approve File #049-23 V, seconded by Commissioner DeLeo. Roll call was called. File #049-23 V approved 5 – 0. Staff Reports Adjournment: 7:41 p.m. Commissioner Porto made a motion to adjourn, seconded by Commissoner Coscia and passed. 4