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 WEST HAVEN ZONING BOARD OF APPEALS JUNE 20, 2024 The West Haven Zoning Board of Appeals held a Public Hearing and Regular meeting on Thursday, June 20, 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, Coscia, Carol Porto, Zentarski, Deleo, Assistant Planner Conniff and ZEO Hotchkiss. Absent was Commissioner Caple. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Commissioner Coscia made a motion to approve the meeting minutes of the Regular Meeting and Public Hearings of May 15, 2024, seconded by Commissioner Porto and passed. PUBLIC HEARING: 1) 147 Hilltop Lane: A request to permit a side yard setback of 7’ on the south side where 15’ is required to convert an existing deck to living space and construct new deck adject along the rear of the house in a Single-Family Detached Residence (R2) zone pursuant to Article 2 Table 11.1 of the City of West Haven Zoning Regulations. Owner: Michael A. & Christina M. Collura / Applicant: Michael A. Collura. File # 026-24 V Applicant submitted photos to the commission. The house was built in 1961 with the existing deck, which needs repair. They would like to construct a second level and attach new deck. It will not be any closer than the current deck. Mr. Hotchkiss stated Inland Wetland approved this application. He read comments into the record from the Building Official and City Engineer. 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. Deliberation on Public Hearing: 147 Hilltop Lane. File # 026-24 V Commissioner Coscia made a motion to approve File #026-24 V, seconded by Commissioner Porto. Roll call called. File #026-24 V approved 5 – 0. 1 2) 318 Fairfax Street: Variances are requested to construct a 1,550sf one-story garage to the rear of the lot. A front yard setback of 21’11” is proposed where 30’ is required, a side yard setback of 6’6” where 15’ is required, impervious surface coverage of 44% where 15% is allowed, lot coverage of 75.7% is proposed where 35% is the allowed, and a garage height of 19’7” where 15’ is the maximum allowed height in a Single Family Detached Residence (R2) zone pursuant to Article 2 Table 11.1 of the City of West Haven Zoning Regulations. Owner: Michael R. Terenzio / Applicant: City of West Haven- Allingtown F.D. File # 027-24 V Applicant stated the City of West Haven Fire Department is lacking the ability to secure expensive equipment. There is a Connex storage building that houses the marine unit and trailer. The station on Fairfax is maxed out and this equipment needs to be stored outside. There is no room for the new equipment that is required. This will be a one-story annex structure. The Connex building will be removed. This will help clean up the neighborhood and have an easy access and quick response. The Board of Commissioners has approved this project. The project will cost about $700,000. This will be done with ARCO Funds. Commissioners discussed that this is just a situation that could be remedied with a new building. This money could be used to purchase a property for a new firehouse. Mr. Terenzio agreed but the personnel and equipment needs to be protected immediately. Mr. Hotchkiss read comments into the record from the City Engineer and Building Official. 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. Frederick Brown, Fire Commissioner Allingtown, is in favor. Equipment needs to be inside and will add value to the existing building and is necessary. Audience Member asked to see where the new structure will be located. Deliberation on Public Hearing: 318 Fairfax Street. File # 027-24 V Commissioner Coscia made a motion to approve File #027-24 V, seconded by Commissioner Porto. Roll call called. File #027-24 V approved 5 – 0. 3) 83 Lamson Street: A request to permit a two-family dwelling on a 7405sf lot where 24,000sf 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: Marvin E. Portillo Sosa. File # 028-24 V Lou Rodriguez, translator for applicant, is requesting to convert the existing building to a two- apartment complex. It was purchased in 2018 as a single family with an apartment inside. It was a two-family sometime before applicant purchased it. Commissioner Clifford asks what the hardship for this application is. The second apartment is located upstairs. Commissioners cannot get any information off the plans since there are no measurement. They would like more detail. Commissioner Coscia suggests continuing this application to gather more information, 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 Deliberation on Public Hearing: 83 Lamson Street. File # 028-24 V Commissioner Clifford made a motion to continue File #028-24 V to the August 21, 2024 meeting, seconded by Commissioner Coscia and passed. 4) 440 Morgan Lane: A request to permit a side yard setback of 23’ where 30’ is required and a rear yard setback of 20’ where 50’ is required in a Light Manufacturing (LM) zone pursuant to Article Table 25.1 of the City of West Haven Zoning Regulations. Owner: Louise DePalma / Applicant: Kris DePalma. File # 029-24 V Applicant stated he is requesting to construct an addition to the back of the house. The house was built prior to the existing codes. Mr. Hotchkiss read comments into the record from the City Engineer, Fire Department and Building Official. 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. Deliberation on Public Hearing: 440 Morgan Lane. File # 029-24 V Commissioner Coscia made a motion to approve File #029-24 V, seconded by Commissioner Porto. Roll call called. File #029-24 V approved 5 – 0. 5) 175 First Avenue: A request to permit a front yard setback of 22.5’ where 25’ 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: Brenda Anziano & Jacob Bogner. File # 030-24 V Applicants are asking for a variance for construction house washer/dryer and a bathroom/shower. The home is a duplex. The property is two front yards. Mr. Hotchkiss read into the record comments from the City Engineer and Building Official. 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. Deliberation on Public Hearing: 175 First Avenue. File # 030-24 V Commissioner Coscia made a motion to approve File #030-24 V, seconded by Commissioner Porto. Roll call called. File #030-24 V approved 5 – 0. 3 6) 1058 Campbell Avenue: A request to permit the conversion of a single-family dwelling to a two-family dwelling on a 4752sf lot where 24,000sf 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: 1058 Campbell Ave Study House, LLC / Applicant: Eric Iott. File # 031-24 V Applicant stated he lives next door to this home which housed a fraternity. Therefore, he felt he needed to purchase this home. This application is to make it a two-family home. A kitchen will be constructed on the second floor. Commissioner Clifford asks what the hardship is since a hardship is with the land. This is a very small lot for a two-family. Three calls were made to speak in favor and three calls were made to speak in opposition to this application. Deliberation on Public Hearing: 1058 Campbell Avenue. File # 031-24 V Commissioner Coscia made a motion to approve File #031-24 V, seconded by Commissioner Porto. No hardship. Roll call called. File #031-24 V denied 5 – 0. 7) 166 Sawmill Road: Variances are requested to permit construction of two buildings consisting of 2 single family dwellings each for a total of 4 units with garages below. A front yard variance of 21’4” is proposed where 25’ is required, a rear yard setback of 17’4” where 20’ is required, and side yard variances of 5’9 1/4” on the northwest line, 8’3/4” along the southwest line, and 3’5 1/4” along the southeast property line where 15’ is required in a Neighborhood Business (NB) zone pursuant to Article 2 Table 20.1 of the West Haven Zoning Regulations. Owner / Applicant: Phoenix Properties Real Estate Development, LLC. File # 032-24 V Commissioner made a motion to continue File #032-24 V to August 21, 2024, seconded by Commissioner Wise and passed. 8) 782 Ocean Avenue: Variances are requested to construct a 32’x15’ pavilion to cover an existing deck in the rear of the property. A rear yard setback of 4” is proposed where 30’ is required, lot coverage of 57% where 35% is allowed, building coverage of 30% where 20% is allowed, and impervious surface coverage of 27% where 15% is allowed in a Single-Family Detached Residence (R2) zone pursuant to Article 2 Table 11.1 of the City of West Haven Zoning Regulations. Owner: Dr. Stephen & Lalani Perry / Applicant: Curtis Steers. File # 033-24 V Curtis Steers, Wilton, CT., is representing the owners. This application is asking to construct a covering for the existing deck. Mr. Hotchkiss read comments into the record from the Building Official and City Engineer. 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. Deliberation on Public Hearing: 782 Ocean Avenue. File # 033-24 V Commissioner Coscia made a motion to approve File #033-24 V, seconded by Commissioner Porto. Roll call called. File #033-24 V approved 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 9) 241 Connecticut Avenue: A request to permit a side yard setback of 8’where 10’ is required and a rear yard setback of 18’where 20’ is required to construct a deck in a Single-Family Detached Residence (R2) zone pursuant to Article 2 Table 11.1 of the City of West Haven Zoning Regulations. Owner: Dr. Stephen & Lalani Perry / Applicant: Curtis Steers. File # 034-24 V Curtis Steers is representing the owners tonight. This application is to build a deck at the rear of the house. Mr. Hotchkiss read comments into the record from the City Engineer and Building Official. 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. Deliberation on Public Hearing: 241 Connecticut Avenue. File # 034-24 V Commissioner Coscia made a motion to approve File #034-24 V, seconded by Commissioner Porto. Roll call called. File #034-24 V approved 5 – 0. 10) 183 Beach Street/103 Beach Street: A side yard setback of 0’ where 20’is required and a variance of Section 60.24.3 to allow the lot to be developed without interior islands in the parking surface in the Shoreline Design District (SDD) zone pursuant to Article 2 Table 36.1 and Section 60.24.3 of the City of West Haven Zoning Regulations. Owner / Applicant: CDM Holdings, LLC c/o Chris Marone. File # 036-24 V Jeffrey Gordon, engineer, Codespodi Associates, stated this is the second phase of the development. It will be incorporating less than 2/10’s of an acres by the City Council. This is a new district. He explained the side yard setback request. Total square footage of buildings is less than what is there. There is a lot of effort going into stormwater management, which was explained and meets the MS4 requirements. Inland Wetland has also approved this. A retaining wall will also be constructed. There are 60 parking spaces on site. There will be availability for EV chargers if needed. There will also be pay to park spaces in Morse Park. The main building will have a seasonal outdoor bar, ice cream pavilion and pizza kitchen. The staircase will go to the mezzanine for administrative offices. There is a space for a visiting food truck. There will also be propane fire pits. Mr. Hotchkiss read comments into the record from the Fire Marshall, Building Official and City Engineer. 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. 5 Letter from Councilwoman at Large Meli Garthwaite was read into the record in favor. Carmelita Quinones, 215 Beach St., would like to know the hours of the bar and parking. Beverly Garrison, 200 Second Ave., concerned about parking configuration for safety purposes. Deliberation on Public Hearing: 183 Beach Street/103 Beach Street. File # 036-24 V Commissioner Coscia made a motion to approve File #036-24 V, seconded by Commissioner Porto. Roll call called. File #036-24 V approved 5 – 0. 11) 29 Highview Avenue: A request to permit a side yard setback of 5’where 8’ is required, lot frontage in conformity with 45% of the block where 75% is required, and lot depth in conformity with 45% of the block where 75% is required to construct a single-family dwelling on a previously approved building lot pursuant to Section 47.2 of the City of West Haven Zoning Regulations. Owner: Jose Santiago / Applicant: Anthony Cordone. File # 037-24. Anthony Cordone, 3 Allings Crossing Rd., West Haven, is seeking relief on this lot. This lot was created in 1924 as part of a subdivision and before the current city’s zoning regulations. This approval would keep the lot within the development pattern of the existing neighborhood. This lot is identical to the lot on the right. Both lots have a 6 ft. right of way. This right of way was created for houses on Forest Rd. It cannot be blocked or built on. Mr. Cordone plans on clearing out the right of way. Pictures were submitted of the right way on Highview. There are two entrances to the right of way. The intent is for a house to be built with the right of way. This will be a one family home. Maximum lot coverage will be 30%. Mr. Hotchkiss read comments from the Fire Department. Commissioners discussed the maintenance of the right of way and whether fire trucks can access the homes. Commissioner Clifford suggests getting a legal opinion. Three calls were made to speak in favor and three calls were made to speak in opposition to this application. Peter Konieczka,, 16 Highview Ave, is opposed because lot is too small. Heather Konieczka, 16 Highview Ave., is opposed because there is no parking there and concerned about the construction noise. Ticard Thompson 52 Highview Ave., is opposed and homes would be too close. Mr. Cordone purchase home knowing it didn’t conform. Bill Sapienza, stated 25 Highview is the only home that conforms to today’s regulations. The property in question is not a vacant lot. This was accepted as a non-buildable lot. Maritza Melendez, 10 Highview Ave., is opposed. Fire trucks cannot access the right of way. Matthew Sapienza, 62 Lakeview Dr., this lot doesn’t apply to bulk regulations of Section 81 and 82 and Section 47. He stated Lots 28, 29 and 30 have been merged and under common ownership since the 80s. Erik Brown, 56 Highview Ave, stated the commission should consider the people in the neighborhood. Curtis Hodgkins, 10 Winfred St, is opposed. Carroll Brown, 56 Highview Ave., the neighborhood has spoken. Mr. Hotchkiss read a letter from Brian Fournier, Attorney, stating 29 Highview is not a buildable lot and 25 and 29 have always been sold as one parcel and the applicant’s proposal does not meet the regulations. 6  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 Anthony Cordone stated this house is going to have a driveway and a garage underneath so they would not park on the street. Section 47-2 lots used to come under the Poirier case. The 1924 map was an approved lot. Deliberation on Public Hearing: 29 Highview Avenue. File # 037-24 V Commissioner Coscia made a motion to continue File #037-24 V pending a legal opinion from Corporation Counsel, seconded by Commissioner Deleo. Commissioners discussed obtaining a legal opinion regarding whether this lot was merged, right of way and Section 47.2 and 75%. File #037-24 V continued 5 – 0. 12) 28 Rockdale Road: A request for a one-time lot split to permit a 12,100sf lot where 16,000sf is required and impervious surface coverage of 19.4% where 15% is allowed in a Single-Family Detached Residence (R2) zone pursuant to Article 2 Table 11.1 of the City of West Haven Zoning Regulations. Owner / Applicant: Street Smart Properties, LLC. File # 038- 24 V 13) 28 Rockdale Road Parcel B: A request for a one-time lot split to permit an 8,858sf lot where 16,000sf is required to construct a single-family dwelling in compliance with current zoning regulations in a Single-Family Detached Residence (R2) zone pursuant to Article 2 Table 11.1 of the City of West Haven Zoning Regulations. Owner / Applicant: Street Smart Properties, LLC. File # 039-24 V Attorney Vincent Falcone is representing the owner and purchaser of Parcel B. This application is to request a one-time lot split. Under the previous regulation of 8,000 sf all the lots in the area are the same size. Hardship is the change of regulation. Mr. Distasio purchased the property in 2019 and the house will be sold separately and hopefully Parcel B to his client. Attorney Falcone submitted exhibits to the commission showing field cards, lot sizes and photos of the property. Back taxes are owed and will be paid. Mr. Hotchkiss read comments into the record from the City Engineer and Building Official. Three calls were made to speak in favor and three calls were made to speak in opposition to this application. Robert Knapp, 24 and 20 Rockdale Rd and 581 Orange Ave, are all adjacent and is opposed. Should be denied because of an incorrect plot plan, incorrect zoning map and application is not in good standing. He also questions Attorney Falcone as a proper person to represent the applicant/owner. 7 Attorney Falcone stated he has a right to represent this person. He also has submitted an A-2 survey which is signed. Mr. Knapp’s property is in an R2 zone but is used commercially. Deliberation on Public Hearing: 28 Rockdale Road. File # 038-24 V & 28 Rockdale Road, Parcel B, File # 039-24 V. Commissioner Coscia made a motion to approve File #038-24 V, seconded by Commissioner Porto. Roll call called. File #038-24 V approved 5 – 0. 14) 29 Hinman Street Parcel 1: A request to permit a lot width which is 56.25% of the block where 75% is required and building coverage of 26% where 20% is required under Section 47.2 in a Single-Family Detached Residence (R2) zone pursuant to Article 2 Table 12.1 of the City of West Haven Zoning Regulations. Owner / Applicant: Maria Salgado. File # 040-24 V 15) 29 Hinman Street Parcel 2: A request for a one-time lot split to permit a 5,995.1sf lot where 16,000sf is required, side yard setbacks of 8.25’ and 10.81’, lot width of 42.5’ where 80’ is required, and impervious surface coverage of 36.8% where 20% is allowed in a Single-Family Detached Residence (R2) zone pursuant to the City of West Haven Zoning Regulations. Owner / Applicant: Maria Salgado. File # 041-24 V Attorney Vincent Falcone is representing the owner. This is a one-time lot split. This is a densely populated area. Exhibits were submitted consisting of property description, original subdivision map in 1907, survey map and photos. The homes will face the street. The existing lot and the new lot will be the same size. Three calls were made to speak in favor and three calls were made to speak in opposition to this application. Telet Bozan, 45 Hinman St., is concerned about the parking. Doristeen Harrison, 107 Gilbert St., concerned about parking. James Malloy, 51 Hinman St., concerned about parking. Attorney Falcone stated Exhibit 3 answers the questions. The lots of the people who spoke are smaller than this proposed house. Deliberation on Public Hearing: 29 Hinman Street. File # 040-24 V & File # 041-24 V Commissioner Coscia made a motion to approve File #040-24 V and 041-24 V, seconded by Commissioner Porto. Roll call called. File #040-24 V & File #041-24 V approved 5 – 0. 16) 96 Collis Street: Variances are requested to construct a two-family dwelling on an approved building lot in a One-Two-Three Family Residence (R3) zone under Section 47.2. Proposed lot size is in conformity with 62.5% of the block where 75% is required and lot depth is 25% where 75% is required pursuant to Article 2 Table 12.1 and Section 47.2 of the City of West Haven Zoning Regulations. Owner: Thomas Loricco / Applicant: Jaedin Falcone. File # 042-24 Attorney Vincent Falcone is representing the owner. This is a stand-alone vacant lot that is separately taxed. A permit was issued for a two-family house but it was never built. Exhibits were submitted consisting of location of property, approval, survey, building permit and photos. He asks to reinstate the decision and approve this application. Mr. Hotchkiss read into the record comments from the Building Official and the City Engineer. Mailings were submitted to the file. 8  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 Three calls were made to speak in favor and three calls were made to speak in opposition to this application. Deliberation on Public Hearing: 96 Collis Street. File # 042-24 V Commissioner Coscia made a motion to approve File #042-24 V, seconded by Commissioner Porto. Roll call called. File #042-24 V approved 5 – 0. Staff Reports -none Adjournment: 10:30 p.m. Commissioner Coscia made a motion to adjourn, seconded by Commissioner Porto and passed. 9