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 NOVEMBER 15, 2023 The West Haven Zoning Board of Appeals held a Public Hearing and Regular meeting on Wednesday, November 15, 2023, in the Harriet North Room, Second Floor, City Hall, 355 Main Street, West Haven, CT at 6:30 P.M. PRESENT: Commissioners Clifford, Wise, Carol Porto, Deleo, Zentarski, ZEO Hotchkiss and Assistant Planner Conniff. Absent were Commissioners Coscia and Caple. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Commissioner Deleo made a motion to approve the minutes of the Regular Meeting and Public Hearings of October 18, 2023, seconded by Commissioner Porto and passed. PUBLIC HEARING: 48 Ann Street: Variances are requested to construct a covered front porch and a screened porch and deck to the rear of the house. The applicant seeks front yard variances to permit 3’ where 30’ is required along Clover Street and 15’ where 30’ is required along Ann Street and a side yard variance is to permit 6’ where 15’ is required in a Single Family Detached Residence (R2) zone. Under Article 2 Table 11.1 of the City of West Haven Zoning Regulations. Owner: Aaron and Amy Rathbun /Applicant: Ashleigh Heidelberg. File # 049-23 V. Aaron and Amy Rathbun explained that this variance is for the front porch on the front and to add a three-season screened-in porch on the side. This house was built in the 140s-50s and these variances came after. Therefore, the house is presently non-conforming. The porch will be located under the window on the left and will go one foot beyond where the stairs are. Lot coverage is about 20%. Mailings were submitted to the file and comments were read into the record from the Town Engineer and Building Official. Three calls were made to speak in favor and three calls were made to speak in opposition to this application. 1 153 Park Street: A variance is requested to permit a side yard setback of 1’ where 6’ is required for a carport in a One-Two-Three Family Residence (R3) zone. Under Article 2 Section 10.4.2. 2 of the City of West Haven Zoning Regulations. Owner /Applicant: Menfil Lopez. File # 053- 23V. Applicant is requesting this variance to construct a 12’ x 27’ carport on the side of the house. The carport has been already constructed and a complaint was registered. ZEO Hotchkiss stated a neighbor had complained and applicant received a cease and desist. ZEO found a car detailing business was being conducted at this residence. The business will not continue and the carport is needed for his automobiles. Commissioner Wise stated the carport is almost as big as the house. The carport is right on the boundary line which presents a water problem from the roof on to the neighbor’s property. Mailings were submitted to the file and comments were read into the record from the Town Engineer. Three calls were made to speak in favor and three calls were made to speak in opposition to this application. Mrs. Homburg, 168 Park St., is opposed to the structure because of its size and he has been running a business there. Jose, 1344 State St., interpreter, said applicant is trying to make it right and built the carport to protect his car and the business presented an opportunity. Commissioner Clifford feels it is too big and not sure how it came be made smaller. 164 Park St., under the impression that the business was illegal and they don’t want another business to start. 279 Beach Street: A variance is requested to permit 2,400sf per dwelling unit where 5,000sf is required to construct a two-story residential building with six units in the Shoreline Design District (SDD) under Article 2 Table 36.1 of the City of West Haven Zoning Regulations. Owner: Marie Guerra / Applicant: Sachin Anand. File #054-23 V Attorney Kevin Cusaden, Milford, is representing the applicant. The regulations have a section that limits the total number of units to 1 unit per 5,000 sq. ft. In this case the property is almost 15,000 sq. ft. and would only allow 2.999 units but the regulations allow for three units in this zone. This regulation also allows hotels with no maximum floors or heights as well as commercial/retail use. The hardship is the size for retail and too small for a hotel. The property can hold three two-bedroom apartments and this application is to allow the applicant to get a use out of the property that fits with the zone as closely as possible. The proposal is six one-bedroom units. But can do three or four two-bedroom units without a variance. The structure and the number of people living in the either structure is the same. Commissioner Wise is concerned about parking, which calls for 12 spaces, which is not enough. Both floors would have three units. Commissioner Porto stated this is a self-imposed hardship. Attorney Cusaden stated it will not change the size of the structure or the density. It will be the same building units but larger. Attorney Cusaden is asking the board to consider the location and size of the property 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 considering a hotel is not possible. This request is for the number of stories not the number of units. The hardship is the location and size of the property. Mailings were submitted to the file. Comments from Traffic, Town Engineer and Building Official were read into the record. Ms. Conniff stated ZBA does not consider parking but the project is within the parking regulations. Three calls were made to speak in favor and three calls were made to speak in opposition to this application. Jean Satmaria, 40 Peck Ave, agrees with the parking issue. Valerie Horner, 19 East Ave., is opposed because of the parking, debris and lack of facilities. Jennifer Singleton, 240 Hemlock Rd., Orange, daughter of Valerie Horner, street parking is congested and narrow and would like to keep the area residential. Bonnie Posick, 107 East Ave., asking to table this to wait for the Shoreline Design District vision. Agrees with the parking issue. Attorney Cusaden stated the site plan elevation that is presented is the project and the parking will be on the first floor, under the building. There are 17 parking spaces. No commercial use will be part of the project. This proposal is residential. The reason to go to P & Z is because this zone requires two floors and they are asking for three floors. Deliberation on Public Hearing: 48 Ann Street File #049-23 V Commissioner Deleo made a motion to approve File #049-23 V, seconded by Commissioner Porto. Property has two front yards and is located on the corner. Roll call was called. File #049- 23V approved 5 – 0. Deliberation on Public Hearing: 153 Park Street File #053-23 V Commissioner Deleo made a motion to approve File #053-23 V, seconded by Commissioner Wise. Commissioner Porto feels it was a mistake and feels she cannot approve due to the size. Commissioner Clifford agrees. If the applicant can make it smaller, he can come back. Roll call was called. File #053-23V denied 5 – 0. Deliberation on Public Hearing: 279 Beach Street File #054-23 V Commissioner Deleo made a motion to approve File #054-23 V, seconded by Commissioner Porto. Commissioner Clifford stated this application is for over 50%. Commissioner Porto stated the hardship rule has not been met. Commissioner Wise stated more than half of the property will be paved and parking is a problem. Roll call was called. File #054-23V denied 5 – 0. 3 Staff Reports: 2024 ZBA Meeting Calendar - June’s meeting will be a Thursday. Application deadline dates are moved from Friday to Wednesday. Commissioner Porto made a motion to approve the 2024 ZBA meeting schedule, seconded by Commissioner Wise and passed. Adjournment: 7:41 p.m. Commissioner Deleo made a motion to adjourn, seconded by Commissioner Porto and passed. 4