LEGAL NOTICE OF DECISION
ESSEX ZONING BOARD OF APPEALS

July 15, 2008

The Essex Zoning Board of Appeals conducted a Public Hearing on July 15, 2008 at 8:00 p.m., Essex Town Hall. The following decisions were made:

Case 08-12 on behalf of Jane Siris and Peter Coombs, property located at 127 River Road, Essex, CT Assessor's Map 4 Lot 2 RRR Zone, requesting a Variance of Sections 40C, 40D, 40E, 40 1.I, 50C, 50D and 64B of the Essex Zoning Regulations. A variance was granted in 2006 for several additions onto an existing house. A side deck with a ramp as been expanded closer to the front property line than was originally approved. APPROVED

Case 08-13 on behalf of David and Linda Acheson, property located at 35 Main Street, Ivoryton, CT, Assessor's Map 41 Lot 12 VR Zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D and 60B of the Essex Zoning Regulations. This is an application to construct a garage/carriage house within the side setback. DENIED WITHOUT PREJUDICE.

Respectfully submitted,
Stella Beaudoin Recording Secretary


LEGAL NOTICE OF DECISION
ESSEX ZONING BOARD OF APPEALS

May 20, 2008

The following decisions were reached by the Essex Zoning Board of Appeals at a Public Hearing which was conducted on May 20, 2008 at 8:00 p.m. at the Essex Town Hall.

Case 08-06 on behalf of CBI Acquisitions Corp./Ian S. Phillips, property located at 46 Main Street, Ivoryton, CT, Assessor's Map 56 Lot 11, Village Residence and Rural Residence zones, requesting a Variance of Sections 40D, 40E, 50C, 50D and 60A.2 of the Essex Zoning Regulations. This is an application to construct a new structure that would contain ten-guest rooms. APPROVED

Case 08-07 on behalf of Richard W. Gates, 81 Main Street, Centerbrook, CT, Assessor's Map 43 Lot 10, VR zone, requesting a Variance of Sections 40D, 40E, and 45D.2 of the Essex Zoning Regulations. This is an application to allow a customary home occupation in an accessory structure which may house an accessory apartment if approved by the Zoning Commission under the Special Exception process. APPROVED

Case 08-08 on behalf of David Evangelisti, property located at 42 Grandview Terrace, Essex, Assessor's Map 27 Lot 107, VR zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D and 60B of the Essex Zoning Regulations. This is an application to construct a 4.5' x 15.66' addition that replaces a 3.5' x 9.5' stair landing. The proposed setback from the side property line is 13'10". The height of the addition is 19.5'. APPROVED

Case 08-09 on behalf of Dr. Edward S. Tucker, property located at 67 North Main Street, Essex, CT, Assessor's Map 28 Lot 70, VR zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D and 60B of the Essex Zoning Regulations. This is an application to construct a one-bay garage within five Feet of the north side yard and 22' from the east side yard. The proposed height of the garage is 12'6". DENIED

Case 08-10 on behalf of William M. Tait, property located at 4 Oak Drive, Centerbrook, CT, Assessor's Map 66 Lot 8, Rural Residential zone, requesting a Variance of Sections 40D, 40E and 61B of the Essex Zoning Regulations. The application is for a 408 s/f deck which increases the coverage from 8.1% to 9.3%. APPROVED


Respectfully submitted,

Stella C. Beaudoin
Recording Secretary


LEGAL NOTICE OF DECISION
ESSEX ZONING BOARD OF APPEALS

May 20, 2008

The Essex Zoning Board of Appeals will conduct a Public Hearing on May 20, 2008 at 8:00 p.m. at the Essex Town Hall.

Case 08-02 on behalf of David Lyon Smith, property located at 52 Saybrook Rd., Essex, CT, Tax Assessor's Map 46 Lot 61 Rural Residence Zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D, and 61B of the Essex Zoning Regulations. This is an application to reconstruct and enlarge an existing 24' x 24' garage within 23' of the north rear property line and within 26' of the west side property line.

Case 08-06 on behalf of CBI Acquisitions Corp./Ian S. Phillips, property located at 46 Main Street, Ivoryton, CT, Assessor's Map 56 Lot 11, Village Residence and Rural Residence zones, requesting a Variance of Sections 40D, 40E, 50C, 50D and 60A.2 of the Essex Zoning Regulations. This is an application to construct a new structure that would contain ten-guest rooms.

Case 08-07 on behalf of Richard W. Gates, 81 Main Street, Centerbrook, CT, Assessor's Map 43 Lot 10, VR zone, requesting a Variance of Sections 40D, 40E, and 45D.2 of the Essex Zoning Regulations. This is an application to allow a customary home occupation in an accessory structure which may house an accessory apartment if approved by the Zoning Commission under the Special Exception process.

Case 08-08 on behalf of David Evangelisti, property located at 42 Grandview Terrace, Essex, Assessor's Map 27 Lot 107, VR zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D and 60B of the Essex Zoning Regulations. This is an application to construct a 4.5' x 15.66' addition that replaces a 3.5' x 9.5' stair landing. The proposed setback from the side property line is 13'10". The height of the addition is 19.5'.

Case 08-09 on behalf of Dr. Edward S. Tucker, property located at 67 North Main Street, Essex, CT, Assessor's Map 28 Lot 70, VR zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D and 60B of the Essex Zoning Regulations. This is an application to construct a one-bay garage within five feet of the north side yard and 22' from the east side yard. The proposed height of the garage is 12'6".

Case 08-10 on behalf of William M. Tait, property located at 4 Oak Drive, Centerbrook, CT, Assessor's Map 66 Lot 8, Rural Residential zone, requesting a Variance of Sections 40D, 40E and 61B of the Essex Zoning Regulations. The application is for a 408 s/f deck which increases the coverage from 8.1% to 9.3%.


Respectfully submitted,

Stella C. Beaudoin
Recording Secretary


LEGAL NOTICE OF DECISION
ESSEX ZONING BOARD OF APPEALS

April 15, 2008

The following decisions were made at a Public Hearing which was conducted by the Essex Zoning Board of Appeals on April 15, 2008 at 8:00 p.m. at the Essex Town Hall:

Case 08-02 on behalf of David Lyon Smith, property located at 52 Saybrook Rd., Essex, CT, Tax Assessor's Map 46 Lot 61 Rural Residence Zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D, and 61B of the Essex Zoning Regulations. This is an application to reconstruct and enlarge an existing 24' x 24' garage which was built around 1950. The coverage is 3.1%. This case is continued to the May 20, 2008 meeting.

Case 08-04 on behalf of Martin Griswold, Essex Paddle Tennis Club, Inc., property located at 112 Westbrook Rd., Essex, CT Assessors Map 53, Lot 21-2, Commercial and Rural Residential Zone, requesting a Variance of Sections 40L, 40C, 40D, 40E, 40I.1, 50D and 61B of the Essex Zoning Regulations. The Essex Paddle Tennis Club was granted a variance for coverage in 2005 to construct a third tennis court. This is an application to enlarge their warming hut from 240 s/f to 593 s/f. Coverage would increase from 8.9% to 9.5%. VARIANCE GRANTED

Case 08-05 on behalf of Penny Parker, property located at 28 Crosstrees Hill Road, Essex, CT, Assessor's Map 70 Lot 17 Rural Residential Zone, requesting a Variance of Sections 40C, 40D, 40E, 40I.1, 50C, 50D, and 61B of the Essex Zoning Regulations. This is an application to construct dormers onto an existing roof. Since the front of the house is within the 40' front setback, any change in the current roof line is considered an increase in the nonconformity. The dormer will not increase the overall height of the existing roof which is 20.5' in the front and 27.5' on the rear walkout. VARIANCE GRANTED


Respectfully submitted,

Stella C. Beaudoin
Recording Secretary


LEGAL NOTICE OF DECISION
ESSEX ZONING BOARD OF APPEALS

The Essex Zoning Board of Appeals conducted a Public Hearing on March 18, 2008 at 8:00 p.m. at the Essex Town Hall. Members in attendance were Stuart Ingersoll, Alix Walmsley, Doug Demarest, Seth Fidel, Al Daddona, Lynn Faulstick and Bill Doane. The following variances were granted:


Case 08-01 on Behalf of Edward and Elizabeth Burleson, property located at 33 Maple Ave., Essex, CT, Tax Assessors Map 16, Lot 26 Village Residence Zone, requesting a Variance of Sections 40D, 40E, 50C, 50D and 60B of the Essex Zoning Regulations. This is an application to construct a garage on an existing house. The coverage 8.5% and will increase to 9.88%.

The Variance was granted based on the hardship of the topography of the lot which predates the zoning change. This Variance is granted with the stipulation that the second floor of the garage will never be utilized as a bedroom. This Variance is granted in accordance with the drawings presented at the February 2008 Public Hearing.

Case 08-03 on behalf of Todd and Patti Maynard, property located at 50 Laurel Rd., Essex, CT, Tax Assessors Map 27 Lot 124 Village Residence Zone, requesting a Variance of Sections 40D, 40E, 50C, 50D, and 60B of the Essex Zoning Regulations. This is an application to construct a 15' x 15' addition around a hot tub. The coverage increases from 8.3% to 9.1%. The addition is not within any of the setbacks.

The approval of the Variance is based on hardship of the topography and the wooded nature of the lot. There exists a minimal coverage issue and an honest misunderstanding of the regulations.


Respectfully submitted,

Stella C. Beaudoin
Recording Secretary


LEGAL NOTICE OF DECISION
ESSEX ZONING BOARD OF APPEALS

A Public Hearing was conducted by the Essex Zoning Board of Appeals on February 19, 2008 at 8:00 p.m. at the Essex Town Hall. The following decision was made:

To deny an appeal by Patrick Gingras from a decision of the Essex Zoning Enforcement Agent to issue a zoning permit to Trust LLC for a property located at 6 North Main Street, Essex, CT, Tax Assessor's Map 31 Lot 24. The appeal was denied based on the fact that evidence heard at this hearing revealed that the building conforms with the applicable zoning regulations.

Case 08-01 on behalf of Edward and Elizabeth Burleson, property located at 33 Maple Ave., Essex, CT, Tax Assessor's Map 16, Lot 26 Village Residence Zone, requesting a Variance of Sections 40D, 40E, 50C, 50D and 60B of the Essex Zoning Regulations. This is an application to construct a 25.6 x 24' garage onto an existing house. The coverage is currently 8.5% and will increase to 10%. The proposed structure is not within any of the setbacks. CONTINUED TO THE MARCH 18, 2008 MEETING.

Respectfully submitted,
Stella Beaudoin Recording Secretary


LEGAL NOTICE OF DECISION
ESSEX ZONING BOARD OF APPEALS

A Public Hearing was conducted by the Essex Zoning Board of Appeals on December 18, 2007 at 8:00 p.m. in the Auditorium of the Essex Town Hall.

Case 07-36 on behalf of Rebecca M. Thompson, property located at 27A Maple Avenue, Essex, Assessor's Map 17 Lot 16, VR Zone, requesting a Variance of Sections 40B.1, 40C, 40D, 40E, 40G, 40I.1, 40L, 40R, 50C, 50D, 60B and 61B of the Essex Zoning Regulations. This is an application to construct a single family house on a nonconforming rear lot. The proposed house is 28' x 44' with an attached 24' x 24' two car garage. The house and garage height will not exceed 30'. The 28' width requires a five foot variance to both east and west side setbacks. The proposed coverage is 10.9%. This Case was Continued from the November 20, 2007 Public Hearing. CONTINUED

Case 07-38 on behalf of Eric and Sharon Koch, property located at 34 Melody Lane, Ivoryton, CT, Assessor's Map 89, Lot 39, RR Zone, requesting a Variance of Sections 40C, 40D, 40E, 40I, 50C, 50D and 61B of the Essex Zoning Regulations. This is an application to construct a single- family house on an existing lot. The proposed attached garage is within 15 feet of the rear property line and within 20' of the front property line. The proposed coverage is approximately 6%. This Variance was granted based on the infringement on the setbacks due to the odd shape of the property. The garage is located in the only area available in order to avoid the septic system and the drainage line that goes through the property. This lot pre-exists zoning. The Variance is granted in accordance with the plans submitted with the application dated November 19, 2007. GRANTED

Case 07-39 on behalf of Standard Petroleum, property located at 23 Main Street, Centerbrook, CT, Assessor's Map 44 Lot 6, Commercial Zone, requesting a Variance of Sections 40D, 40E, 40I.1, 50C, 50D and 80C of the Essex Zoning Regulations. This is an application to allow a satellite dish on a previously approved gasoline station canopy (18.5' tall) approximately 20 feet from the front property line. This Variance is granted on the basis of the insignificant increase in height. The hardship surrounding this application is the building, the gas tanks, gas pumps and canopy currently exist. The canopy exists in the current location under the approved 1990 Variance. Modern gas pumps require a satellite antenna for credit card payments. The antenna is allowed under the current regulations per height, but the entire canopy is in the set-back area. The upgraded roof on the main building makes relocation of the antenna difficult. The Variance is granted in accordance with the plans submitted. GRANTED

Case 07-40 on behalf of Herbert T. Clark, III/DEMCO LLC, 51 Main Street, Centerbrook, CT Assessor's Map 44 Lot 41, Commercial Zone, requesting a Variance of Sections 40D, 40E, 50C, 50D and 80C of the Essex Zoning Regulations. This is an application to construct a 4' x 31' handicap accessible ramp onto what was the Centerbrook Congregational church building. The ramp increases the coverage from 22.5% to 23%. This Variance is granted based on the fact that the ramp is not located within any setbacks. This proposal will bring this public building to code per the American Disabilities Act and the infringement on the coverage is minimal. The hardship is that any enforcement of the Zoning Regulations would eliminate any improvements on the building itself. This Variance is granted in accordance with the plans submitted on November 19, 2007. GRANTED

Case 07-41 on behalf of A.J. Shea Construction for Robert and Barbara Donahue, property located at 25 Mallard Point Road, Essex, CT, Assessor's Map 71 Lot 11-1, RR Zone, requesting a Variance of Sections 40D, 40E, 50C, 50D and 61B of the Essex Zoning Regulations. This is an application to construct a small addition and to add onto an existing deck of a house that was built in 1977. The area will be increased by142 s/f which increases the coverage from 8.18% to 8.51%. This Variance is granted on the basis that the house was built when 15% was the required area coverage and applying the required 7.5% limitation would be unreasonable for this application. This Variance is granted in accordance with the plans as submitted on November 26, 2007. GRANTED

Respectfully submitted,

Stella Beaudoin
Recording Secretary