THESE MINUTES ARE SUBJECT TO APPROVAL AT THE NEXT ZBA MEETING
CHESTER ZONING BOARD OF APPEALS
REGULAR MEETING
October 17, 2011
Chester Meeting House
CALL TO ORDER
The meeting was called to order by Mark Borton at 7:36 p.m. Those in attendance included:
John DeLaura, Bob Gorman (alt. seated for Jim Miller), Mark Borton, Mike Desnoyers and Mario Gioco
(arrived at 7:37 p.m.).
BUSINESS
Approval of Minutes – September 19, 2011
Bob Gorman made a motion to approve the minutes from the meeting dated 9/19/11. Mike Desnoyers
seconded the motion. The motion passed. Mark Borton and John DeLaura abstained from voting.
Public Hearing – Marguerite A. Komondy, 29 Liberty Street, Chester
Legal Notice
Town of Chester
Zoning Board of Appeals
Notice of Public Hearing
The Chester Zoning Board of Appeals will hold a Public Hearing on Monday, October 17, 2011 at 7:30
p.m. in the Chester Meeting House, 4 Liberty Street, Chester, regarding the following application:
Marguerite A. Komondy (owner) seeking a variance from section 60B minimum setback to rebuild a
house destroyed by fire (Tax Map 9, Lot 251, Zone R-1, 29 Liberty Street, Chester).
Mario Gioco, Chairman
Dated at Chester, Connecticut this 1st day of October 2011
Mr. Gregg Fedus distributed house elevation documentation (Exhibit 1) and a pre-fire site plan (Exhibit
2) as requested.
Mr. Gregg Fedus, P.E. reported that the original house was destroyed by a fire approximately 5 years
ago. Since that time, the homeowner has been working through the insurance process to receive
compensation to fund the re-build. Mr. Fedus displayed a site plan showing the conditions of the
property pre-fire and the site plan of the proposed reconstruction.
To accommodate building code issues, a larger front porch is proposed. The plans also include a
connection to the garage (for handicap access) and a deck. The layout of the building and the lot
remains the same as pre-fire. The septic system will remain the same and the home has city water.
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Pre-fire, the dwelling was a pre-existing non conforming building. The new plans indicate an
enlargement of the pre-existing non-conforming building. The elevation plan mimics existing house and
the average height proposed is less than 35 feet.
Mr. Fedus submitted photographs, exhibits 3 and 4 and Main Street News articles, exhibits 5 and 5.1.
Mr. Tom Cronin, Attorney, distributed an overview of the variance request (exhibit 6). Mr. Cronin
reported that while the structure proposed is larger than the original structure, they are not intensifying
the non-conformity. Because of building codes, the building must get taller, therefore, the run of the
steps gets longer, and encroachment results. The fact that the building needs to be taller due to code is
the hardship.
Section 50F requires that a structure damaged or destroyed by a fire be restored within two years of
casualty. Mr. Cronin reported that the insurance litigation process took longer than 2 years. The
applicant is requesting a variance from section 50F.
Mario Gioco reported that the only action the ZBA can address this evening is the variance from section
60B as posted in the Notice of Public Hearing.
Mark Borton commented that the elevation issue is being driven by rise and run on the front steps and
the fact that the proposed structure allows sub-terrain access from the garage into main structure. John
DeLaura commented that if a crawl space was built instead of a basement, the building would not need
to be so high.
Mario Gioco opened the floor for comments regarding the application.
Mr. Paul, Pratt Street resident, commented that too many rules have been put into place over the last
40 years. He continued that since this house was originally built prior to the regulations, the applicant
should be allowed to re-build.
Mario Gioco responded that in 1968/1969, Connecticut passed zoning statutes and Chester set zoning
requirements. These rules must be followed. The proposed plans indicate an expansion of the original
structure within a setback; thus a variance is needed.
Speaking Against the Application
Felice Craftsman, 34 Liberty Street, reported that she recently put an addition onto her home and
followed the regulations. She continued that the proposal is not a re-build; it is an increase in coverage
and an addition. As neighbors, in order to comment on the proposal, more time to review the plans
submitted is needed.
William Schaffer – 50 Liberty Street, reported that tonight is the first time plans have been available in
the 6 years, 7 months and one week since the fire. For many years, neighbors were told that the house
would be built exactly as it was. The plans do not look like a re-build of the original structure. The
handicap access wing alone is bigger than Mr. Schaffer’s house. He continued that pillars have been
lying in a field for many years and it is “mind boggling” that something of this scale would be presented
at the last minute. Mr. Schaffer reported that the applicant’s business has been breaking rules for years
regarding the use of the property. He questioned the need to expand beyond the existing footprint. He
commented that the applicant is attempting to “add” elements at the last minute (height requirements).
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Mr. Schaffer reported that geo-thermal options would be utilized for heating, yet the plans do not
indicate geo-thermal. Mr. Schaffer urged the ZBA to review and understand the plan thoroughly.
Nickki Sahagen, 27 Liberty Street, outlined a recent addition to her home. She too has non-conforming
issues with the original portion of her home (built in the 1700’s) and was unable to acquire variances.
She expressed concern with the proposed garage and feels Mr. Komondy was allowed to build, in the
past, without following the rules. She was concerned that the plans indicate that the house would be
closer to the street.
Martha Kelley – tenant on 41 Liberty Street, reported that she has endured noise, trucks, and dirt over
the years from this property. She continued that the house was neglected and the entire lot poses a fire
hazard.
Attorney Cronin reported that no one on the applicant team has asked the ZBA to rush or bend any rules
regarding this property. Mr. Gorman responded that when the application was received in September,
Mr. Fedus reported that a decision from the ZBA was required within two months or insurance would
not fund the project. Mr. Cronin replied that the applicant has been following the process and has not
asked for special meetings of the ZBA.
Mr. Komondy reported that the concerns with regard to the garage are unfounded as the garage is fully
conforming and is proposed to be placed further from the wetlands.
Mr. Komondy continued that he originally submitted plans to P&Z in 2006 and anyone could have
looked at the plans at any time. He added that the delay in the project was due to insurance issues.
At Ms. Sahagen’s request, Mark Borton outlined the drawings submitted and explained that the new
garage is less encroaching in the setback area; however, it will need wetland approval. Mario Gioco
added that ZBA has no control over garage as it is within the setback.
Felice Craftsman questioned when construction can begin, if the variance is approved. Mario Gioco
reported that if the variance is granted it must be published in the Hartford Courant for 15 days, after 15
days, a variance can be issued. The variance must then be recorded in Land Records. At recording, the
applicant would apply for a building permit. The applicant must also go through Wetlands.
Ms. Craftsman reported that the plans presented this evening are dated 11/2010. The plans previously
filed at the Town Hall were rejected plans.
ZBA briefly discussed how height is determined/measured. However, ZBA cannot discuss height at this
meeting. If a height variance is necessary, the applicant must come before ZBA again.
Exhibit 7, Site Development Plan indicating additional space, was submitted.
Ms. Sahagen expressed concern with the process used to determine the grade of the property. Mr.
Fedus replied that the survey completed prior to fire was used to calculate average grade. However,
code does not require that it be put back to the average grade.
Bob Gorman made a motion to close the Public Hearing at 9:10 p.m. Mike Desnoyers seconded the
motion. The motion passed unanimously.
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The ZBA members discussed the application.
Mike Desnoyers commented that a hardship is difficult to establish as the house could be slid back on
the property and thus not encroach the setback. Also, by raising the foundation, the applicant is
creating his own hardship.
Mark Borton commented that if the premise of the hardship is that the project cannot be done but in
that way, ZBA cannot grant variance since building can be slid back. At the moment it is an empty lot
and the structure can be built almost exactly as proposed, just slide back within the setback.
Bob Gorman agreed that it is within the means to shrink the house and move it back.
John DeLaura reported that since this is a pre-existing, non-conforming building, they are allowed to
reconstruct exactly as it was. The issue here is the stairs and is different from exact reconstruction.
Mark Borton made a motion to approve the variance as submitted based on the hardship of the
catastrophic loss. Bob Gorman seconded the motion. Discussion followed.
Mark Borton restated the motion to approve as submitted with the main steps being extended so that
they reach a point not to exceed 17.65 feet from the front property line and the side steps be extended
not extend 18.35 ft. from the front property line. Discussion followed.
Mark Borton made a motion to approve a Variance from Section 60B, front set back, to allow the
structure to be built in original footprint (per plans on file at town hall) due to the hardship of a
catastrophic loss due to fire and previous non-conformity. Bob Gorman seconded the motion. John
DeLaura, Mark Borton, Mike Desnoyers and Mario Gioco voted in favor of the motion. Bob Gorman
opposed the motion. The motion passed.
Mark Borton made a motion to approve the request for a Variance from Section 60B, front set back, for
the extension of the footprint to accommodate a landing as proposed for the side steps as shown on
plans submitted and to allow the construction of a landing to code to not exceed 3 ft. from the original
stairs. Bob Gorman seconded the motion. Discussion followed.
John DeLaura commented that this is an extension of pre-existing non-conforming property. The
proposed will be less conforming. He does not agree with the variance. Mike Desnoyers added that
there is no hardship as the home can slide back.
Mark Borton commented that this is an appropriate variance as it will bring the home to code as a safety
issue. Mario Gioco commented that building code now requires a landing and, in his opinion, building
code requirements are a hardship.
Vote on motion: Mario Gioco, Mark Borton, Bob Gorman voted in favor. John DeLaura and Mike
Desnoyers opposed the motion. The motion did not pass.
Mark Borton made a motion to grant the Variance of Section 60B for the extension of the front porch
and steps as requested and shown on the plot plan. Such steps are not to go closer to front property
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line than 17.65 ft. based on the hardship of a catastrophic fire and the pre-existing non-conformity. Bob
Gorman seconded the motion. Discuss followed.
Vote on motion: All opposed. Motion does not carry.
The meeting recessed at 9:45 pm.
The meeting resumed at 9:55 p.m.
Receipt of Application – Erik P. Anderson, 11 Lakeview Ave., Chester, CT
ZBA reviewed application for completeness.
Mark Borton made a motion to receive the application with conditions that the field card and a drawing
to scale are received and variance from Section 60B setback is specified in the application. Bob Gorman
seconded the motion. The motion passed unanimously.
2012 ZBA Meeting Schedule
Mario Gioco reported that the ZBA is scheduled to meet on the 4th Monday in February, 2012 and every
3rd Monday of the month thereafter.
Mario Gioco made a motion to approve the 2012 ZBA meeting schedule as presented. Bob Gorman
seconded the motion. The motion passed unanimously.
NEW BUSINESS
Mario Gioco reported that the Boy Scouts have requested a lower ZBA fee for an application they plan
to submit.
AUDIENCE OF CITIZENS - none
ADJOURNMENT
Mike Desnoyers made a motion to adjourn the meeting at 10:09 p.m. Bob Gorman seconded the
motion. The motion passed unanimously.
Respectfully Submitted,
Suzanne Helchowski
Clerk
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