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 APRIL 17, 2024 The West Haven Zoning Board of Appeals held a Public Hearing and Regular meeting on Wednesday, April 17, 2024, in the Harriet North Room, Second Floor, City Hall, 355 Main Street, West Haven, CT at 6:30 P.M. PRESENT: Commissioners Clifford, Wise, Caple, Coscia, Carol Porto, Zentarski, Deleo and ZEO Hotchkiss and Assistant City Planner Conniff. PLEDGE OF ALLEGIAN APPROVAL OF MINUTES: Commissioner Porto made a motion to approve the meeting minutes for the Regular Meeting and Public Hearings of March 20, 2024, seconded by Commissioner Caple and passed. CONTINUATION: 47 Noble Street: A request to permit a minimum lot area per dwelling unit of 8,950sf where 24,000sf is required and a side yard variance of 5” where 15’ is required for access/egress to the second story to convert a single family to a two-family home in the One-Two-Three Family Residence (R3) zone pursuant to Article 2 Table 12.1 of the City of West Haven Zoning Regulations. Owner: Patrico Palomeque/Applicant: Sandra Lopez. File # 005-24 V Carroll Bowser, Mr. Palomeque’s representative, is here to present the application. The site plan has not changed. The change is in the house. The footprint remains the same. The plan on page 4 shows two stories on the right and 2 on the left. However, it is not the plan that was submitted on Monday by the owner to raise the roof over the left side of the house to make it larger. Each unit would have three-bedrooms. He was given the choice to present either plan so it was decided to go with the previous plan. There are four parking spaces and the storage shed does not have a bathroom. Mr. Hotchkiss read comments from the Town Engineer and Building Official into the record. Three calls were made to speak in favor and three calls were made to speak in opposition to this application. 1 PUBLIC HEARING: 17 Isadore St: A request for one time lot split which will establish two parcels of 8,883sf and 6,866.94sf where 16,000sf is required in a One-Two-Three Family Residence (R3) zone pursuant to Article 2 Table 12.1 of the City of West Haven Zoning Regulations. Owner/Applicant: 214- 216 Park Street, LLC. File # 0018-24 V Attorney Vincent Falcone stated this is a one-time lot split to create a single-family residence. Attorney Falcone stated in 1931 this was in a resident B zone, which require a 40’ front and 4,000 sq. ft. This lot is the largest lot. Exhibits were submitted containing subdivision in 1937 showing most of the lots are 150’ x 20’, survey and photos. This lot has required side yards and should be approved. Mailings were submitted to the file. Mr. Hotchkiss read comments into the record from the Building Official. Three calls were made to speak in favor and three calls were made to speak in opposition to this application. 12 Baldwin St: 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 and Section 91 of the City of West Haven Zoning Regulations. Owner/Applicant: James & Maria Martone. File # 019-24 SUE Applicants are asking for a special use exception to be utilized as an occasional (5-6 times per year) short-term rental according to the regulations. Applicants assured the commission that all the regulations will be followed. There is family close by that could check on the home and there are cameras on the outside. Three calls were made to speak in favor and three calls were made to speak in opposition to this application. Mary Moninger, 1 Templeton St., is in opposition due the noise, encroaching on her property and having different people coming and going. Photos were submitted. Laura D’Ostilio, 15 Baldwin St., is representing 14 families on Baldwin who are opposed to this application. The police were called numerous times with the previous owners due to noise, parking, fire pit unattended. Ryan D’Ostilio, 15 Baldwin St., is in opposition. This commission has the authority not to grant this. There is also no way to enforce any issues. Douglas Cassella, 17 Baldwin St., is in opposition. This street is residential and short-term rentals are businesses. He also pointed out this application is for an exception to the rule and the commission may approve it but must consider the impact to a neighborhood. Carolyn Levinson, 24 Baldwin St., in opposition. Pointed out 14 families are opposed to this. Questions how everything will be monitoring, traffic, parking, alcohol, noise, etc. Carol Banks, 20 Baldwin St., opposed due to noise and property value. Craig Kennedy, 32 Baldwin St., in opposition and concerned about the safety of the fire pit as well as the smoke. Mike Lambertrudo, 7 Baldwin St., opposed to short-term rentals. Ann Smith, 19 Templeton St., in opposition. 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 Heidi Loiseau, 29 Baldwin St., in opposition. She pointed out a regulation that indicates maximum of 4 people unrelated not allowed. She also represents her mother who is in opposition to this application. Donna Kennedy, 32 Baldwin St., in opposition. Lawrence Loiseau, 29 Baldwin St., in opposition. ZEO Hotchkiss read letters from the following into the record: Nancy Cassella, 17 Baldwin St., in opposition Jay and Lorena Prokop, 2 Baldwin St., in opposition. John Horan and Denice Calabrese, 9 Baldwin St., Richard and Memory Hart, 28 Baldwin St., in opposition ZEO Hotchkiss read comments from the Fire Department and Building Official were read into the record. Mailings were submitted into the file. Applicants rebutted that they have stayed in short-term rentals and they enjoyed them. State of CT doesn’t regulate short-term rentals. Doesn’t feel it will be a negative impact and would like the neighbors to give them a chance. Part of the previous problem at this address was the advertisement of bachelor/bachelorette parties. They will advertise for families. They did buy a solo stove instead of having an open fire pit. 487 Sawmill Road: A request for variances of the Commercial Sign regulations in the Commercial Design (CD) zone pursuant to Section 65 of the City of West Haven Zoning Regulations. Owner: Endurance West Haven, LLC/Applicant: Chic-Fil-A C/O Bohler Engineering. File # 0020-24 V Applicant submitted plans and renderings of the property and signs. This application is for a wall signs and refurbishment of the pylon sign. There will be a wall sign non-illuminated. The curb cuts will remain the same. The directional signs will have Chic-Fil-A logos. This application is for less square feet than the existing signs and consistent with other signs in the area. Chairman Clifford questioned whether State DOT need to be notified. ZEO Hotchkiss read a letter form the Police, Fire and Building Official into the record. Mailings were submitted to the file. Three calls were made to speak in favor and three calls were made to speak in opposition to this application. 3 Ms. Conniff read a letter from Reverend Richard Marcum regarding the history of Chic-Fil-A history of discrimination and policies. Applicant stated he doesn’t feel this is relevant to the application tonight. 49, 55, 57, 59, 63 Glade Street/254 Terrace Ave: A request for variances of Table 12.1 Sections A-K and N in the Multi family Residence (R4) zone pursuant to Article 2 Table 12.1 of the City of West Haven Zoning Regulations. Owner: Spring Gardens Condominium Association, Inc. c/o Felner Corporation/Applicant: The West Haven Housing Authority. File # 0020-24 V Applicant is seeking a variance to enable Housing Authority to subdivide a piece of the property. The variance is solely for the purpose of changing the lot line. A subdivision approval is needed from the Planning and Zoning Commission. John O’Connor, Executive Director, West Haven Housing Authority, wants to extract from the Condo Association. There are 26 units that are for Veterans and will remain that way even if it is sold. No neighborhood concerns were received. The shape of the lot makes it a hardship as well as benefitting the people that need housing. Three calls were made to speak in favor and three calls were made to speak in opposition to this application. Deliberation on Public Hearing: 47 Noble Street. File #005-24 V Commissioner Coscia made a motion to approve File #005-24 V with the following conditions: shed building that exists is to have no plumbing or be used for a residence and a letter from Town Engineer Abdul’s approval of the parking, seconded by Commissioner Porto. Roll call was called. File #005-24V approved with conditions 5 – 0. Deliberation on Public Hearing: 17 Isadore Street. File #018-24 V Commissioner Coscia made a motion to approve File #018-24 V with the condition that it is a one-family residence with a one-time split, seconded by Commissioner Caple. Roll call was called. File #018-24V approved with condition 5 – 0. Deliberation on Public Hearing: 12 Baldwin Street. File # 019-24 SUE Commissioner Caple made a motion to approve File #019-SUE, seconded by Commissioner Porto. Discussion: Commissioner Coscia are not in favor because of the city’s infrastructure such as police and zoning enforcement. Table 91.2 should be taken into consideration regarding impact and the commission “shall” look into this. Commissioner Porto feels the same with regard to impacting the neighborhood. Commissioner Caple feels since the property is located on a dead- end and the entire street would be affected. Commissioner Wise feels the city is not prepared for short-term rentals such as imposing penalties or enforcement. Chairman Clifford feels the regulations need to be revised. Roll call was called. File #019-24 SUE denied 5 – 0. 4  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 Deliberation on Public Hearing: 487 Sawmill Road. File #020-24 V Commissioner Coscia made a motion to approve File #020-24 V, seconded by Commissioner Wise. Roll call was called. File #020-24V approved 5 – 0. Deliberation on Public Hearing: 49, 55, 57, 59, 63 Glade Street/254 Terrace Ave. File # 021- 24 V Commissioner Coscia made a motion to approve File #021-24 V, seconded by Commissioner Clifford. Roll call was called. File #0021-24V approved 5 – 0. Staff Reports: none Adjournment: 8: 47 P.M. Commissioner Wise made a motion to adjourn, seconded by Commissioner Caple and passed. 5